Charlestown Township Board of Supervisors Business Meeting Minutes of October 6, 2014

The first business meeting for September was held October 6, 2014 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors:	Frank A. Piliero, Chairman, Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, Charlie A. Philips, and Hugh Willig.
Consultants:	Dan Wright, P.E., Daniel Mallach, APA, and Mark P. Thompson, Esq.
Staff:	Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Property & Safety Coordinator and Lisa Gardner, Recording Secretary.
Public:	See attached sign-in sheet

Call to Order:

7:32 p.m.

Announcements

Mr. Piliero invited Lieutenant Erin Magee, of the Pennsylvania State Police, to begin tonight’s meeting with an update. Lt. Magee told the Board that there were only minor occurrences in the past few months. Mr. Philips asked him to help prevent a traffic accident at Hollow and Charlestown Roads by asking PennDOT to mow the weeds at that corner. Repeated attempts by Township personnel have been unsuccessful. Mrs. Csete offered thoughts and support for the challenges the State Police have recently faced.

Mr. Kuhn announced that the Thompson Trail is now open to the public. He thanked Jim Thompson, Sue Staas, Betsy Pilgrim and Chris Galbraith for their hard work in making this happen.

The Supervisors thanked Karen Schlichter, Jen Nelson, Laura Assayag, and all the coordinators and volunteers that made Charlestown Day a great success. The amount of residents that turned out this year was impressive, considering questionable weather.

Mr. Kuhn announced that three properties from Charlestown Township, including the Woolen Mill, were part of Chester County Day 2014. Mr. Philips said The Mill had over 125 visitors; Supervisors received many compliments about its improvements. Soon signage and some of the original equipment will be installed in this educational facility, to demonstrate how the Mill evolved and endured to today.

Citizens’ Forum

Charlestown Day Recap

Mrs. Schlichter said they considered Plans A, B, and C to prepare for contingencies for the day, due to the changing weather, and the early but brief arrival of rain. They spent more money than expected, mostly due to the need for more tents. 98 runners and 30 walkers registered, which were good numbers for a first time race. They received lots of positive feedback (organized parking, happy vendors) and have learned a lot to take into next year. The Charlestown Playhouse received $9,000 as this year’s non-profit organization. Donations were requested by Mrs. Schlichter for West End No. 3 Fire Company and Kimberton Fire Company. There was a round of applause for the successful efforts.

Mr. Philip moved to approve the monetary disbursements for Charlestown Day to Kimberton Fire Company and West End No. 3 Fire Company, and Mr. Kuhn seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Approvals

September 2, 2014 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes, with one minor change, for the September 2, 2014 Business Meeting and Mr. Philips seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report September 1- 30, 2014

Mr. Philips moved to approve the September 2014 Treasurer’s Report and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for October 6, 2014

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for October 6, 2014 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for Open Space Fund for October 6, 2014

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for October 6, 2014 and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Hubbard answered a question regarding the frequency and cause of Charlestown Township’s residential false alarms. Mr. Philips moved to accept the September 2014 reports #1-14 as submitted and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor

Hearings

Paul Marshall Conditional Use Hearing – continued from Sept. 2, 2014

Mr. Thompson opened the Hearing that had been continued from September 2, 2014 for the Conditional Use Application for Paul Marshall of 2226 Charlestown Road. The proceedings were recorded by Mark Hagerty, Court Reporter, continuing with testimony from Mr. Thomas Smith, of Bercek and Smith Engineering, Inc.

Mr. Thompson continued the Hearing to November 3, 2014 at 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Subdivision & Land Development Ordinance Amendment –Compliance Requirements

Mr. Thompson opened the Hearing to consider adoption of an amendment to the Township Subdivision and Land Development Ordinance, adding compliance requirements. He explained this amendment was a “clean-up provision” already performed or being performed by many townships. In Charlestown Township’s, this will be an addition of Section 709 to Chapter 22. The proceedings were recorded by Mark Hagerty, Court Reporter.

Mr. Thompson added the following exhibits to the record.

•	T-1	Subdivision & Land Development Ordinance Amendment
•	T-2	Proof of Publication and Public Notice
•	T-3	September 22, 2014 Letter to the Daily Local News requesting advertising for the Public Notice
•	T-4	September 22, 2014 Letter to the Chester County Law Library
•	T-5	September 22, 2014 Letter to the Chester County Planning Commission requesting review dated September 5th, 2014.

Mrs. Leland of the Charlestown Planning Commission was the only audience member with a comment about speed and timing of the amendment. She stated she didn’t have enough time to review the draft ordinance before the September Planning Commission Meeting, and would have liked more.

Following the Hearing, the record was closed. Mr. Philips moved to adopt Ordinance #185-2014, enacting the compliance requirements to the Subdivision and Land Development Ordinance. Mr. Kuhn seconded, and Mr. Piliero called for discussion, there being none, called the vote. All were in favor.

Old Business

General Warren Village

Mr. Tim Townes was present from J. Loew & Associates, to request Preliminary/Final Plan approval for the Village at General Warren. He distributed a letter dated October 6th, 2014 and agreed to:

1. Additional sidewalk work and deeding the Township with a “triangle” piece of property valued at approximately $40,000.
2. A $75,000 donation to the East Whiteland Volunteer Fire Association.
3. A $126,000 Traffic Impact Fee.

Mr. Mallach’s letter, dated October 6, 2014, detailed the Fee-in-Lieu to be $106,464 and the Transportation Impact Fee contributions.

Mr. Wright said there were still a number of engineering items that were unresolved. These would be conditions of approval if the Board voted tonight. The stormwater issue would be fully resolved per Mr. Townes, and a NPDES Permit should be obtained by the end of October. Mr. Townes said they needed final approval tonight for financing reasons. Mr. Wright said the Board could approve, with the conditions in his letter, and it would protect the Township. This way the applicant can obtain financing.

Mr. Townes’ only objection was to a comment in the Thomas Comitta letter dated October 6th, 2014 Item 8, regarding irrigation. He said they had consulted an irrigation engineer. The spray heads are not a concern and they will install irrigation (and lighting) and will adjust it as needed. Mr. Comitta wanted Township ability to evaluate the irrigation, but the Board felt the yearly stormwater testing was sufficient.

Mr. Kuhn asked the Board Members if the proposed contributions were acceptable, and they were.

Mr. Townes also said half of the parking lot lights will be on from dusk to dawn, but, the retail lights will be cut back to one hour after close, with 25 percent of them staying on. Mr. L. Clark Blynne, of Gulf Creek Hotels, said Marriott would not turn off lights beyond a point, for safety and liability reasons. Lighting compliance was achieved when Mr. Mallach noted that within the ordinance, a closing time was mentioned, and the hotel would simply never be closed.

Mr. Wright reviewed the necessary waivers for the Board:

1. Rain gardens - since all stormwater management systems are to be installed underground (Item#13 Advanced GeoServices letter dated 8/22/14).
2. Parking stalls are 9’ x 18’ - since all parking stalls are to be 10’ x 20’ (Item#2).
3. Number of stalls – 25 percent of the stalls are to be placed in reserve for the future.

Mr. Kuhn moved to approve the Preliminary/Final Plan for the General Warren Village pending satisfaction of the conditions of Mr. Mallach’s Thomas Comitta Associates, Inc. letter dated October 6, 2014, and Advanced GeoServices Corporation letter dated August 22, 2014. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips move to adopt Resolution #832-2014 approving the revision to the Sewer Planning Module for the Village at General Warren, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Joe Keough – Revised Sketch Plan for Pickering Public House (Stables Bar)

Land Development

Mr. Thompson and Mr. Kuhn began with background by saying the Township engineer had sent a letter raising a question about the Land Development process. The applicant, Mr. Keough, Jr. requested relief from the Board for this costly process in a letter dated September 24, 2014 prior to returning to the Zoning Hearing Board. Mr. Thompson asked the Board if there was support for waiving the process, and Mr. Kuhn and Mr. Philips said they were opposed. To waive this would not allow the Township to view, monitor, or consent to, the plan for property changes. The level of review would greatly reduce comment ability by the Board and Planning Commission.

Mr. Thompson stated there was not an interest in waiving the Land Development process.

Stormwater Management/Impervious Coverage

For a lot within the R-1 District not having public water, not more than 40 percent of the lot shall be covered with impervious surfaces in accordance with Zoning Ordinance 504.2.D. However, the Sketch Plan proposes to reduce the impervious coverage. The existing coverage of the site is 50.2 percent with a proposed coverage of 48.6 as stated in Advanced GeoServices review letter dated October 6, 2014.

Therefore, Mr. Keough was also requesting relief from stormwater management. Mr. Wright said the existing condition at 2669 Charlestown Road is considered meadow according to Charlestown’s ordinance. He told the Board that the ordinance did not allow a waiver for redevelopment, as it could have in the past. Mr. Wright said it could be possible to properly collect and direct stormwater flow, but not place a large financial burden upon the applicant, by using design and grading. Mr. Kuhn asked Mr. Wright to work with Mr. Keough due to the impervious percentages.

Therefore, Stormwater relief was also not supported.

Zoning Hearing Board

Mr. Keough’s letter stated the patio had been reduced by 17.7 percent but Mr. Philips didn’t think it was enough. He suggested the Zoning Hearing Board further limit the size of the patio (currently estimated to seat 40 people) due to concern for the neighbors. It also does not meet the permitted accessory use in the Zoning Ordinance 502.B, but the Board of Supervisors can make the final determination. Also to be considered, the patio is approximately 11 feet from the right-of-way of Charlestown Road.

The maximum enlargement of a nonconforming use is 50 percent of the existing footprint. The Applicant proposes 51 percent (existing building is 1,857 sf, proposed building is 2,800). For additional consideration, the expansion figures do not include the patio.

The Applicant requires two variances, one for enlarging the existing building, since it is a nonconforming use in accordance with Zoning Ordinance 1701.2., and one for the proposed patio, since it’s not a permitted accessory use. A full presentation to the Zoning Hearing Board that communicates Mr. Keough’s high level of effort to please neighbors was suggested. Mr. Kuhn and Mr. Piliero said if the neighbors are happy then the patio size was fine.

Mr. Wilkinson a Stables’ Bar neighbor, told Supervisors that Mr. Keough was using a sound dampening material on the revised fence. He said he and his neighbor were very pleased. Mr. Keough also added trees along the property line shared with the Wilkinsons, to meet Township planting requirements.

The Board suggested the Applicant’s next step should be to meet with Mr. Wright, a representative of Mr. Comitta’s office, and his engineer, to obtain one review letter from each, and attend one Planning Commission meeting to seek a recommendation. This would reduce costs and the amount of review letters necessary for compliance with Township requirements. Mr. Piliero said the fact that Mr. Keough was working with his neighbors made the Board supportive of his efforts. Mr. Thompson said the Township will formally indicate to the Zoning Hearing Board:

• There will be a concentrated effort to work with the Applicant and his engineer, by the Township Engineer and Township Land Planner, especially for stormwater.
• The Land Development process will apply to this project.

Charlestown Park Improvements – Next Steps

Mr. Kuhn stated that at the last Parks and Recreation meeting, discussion was held about the long term plans for the park, and Mr. Hubbard’s new role in the project as Property and Safety Coordinator. The first goal was to take care of the pavilions. Mr. Kuhn suggested JD Bravo coordinate this plus some steps toward parking improvements.

At one time, a permit was issued to take the pavilions down, but to keep them down may present a stormwater issue. Mr. Kuhn suggested a representative from JD Bravo attend the next Park and Recreation Meeting to facilitate getting the pavilions and parking done.

Mr. Kuhn motioned to authorize preparing the Charlestown Park property for the next phase of improvements, and Mr. Philips seconded. Mr. Piliero called for discussion, there being none, called the vote. All were in favor.

Brightside Farm – Proposal to Research and Recommend Trail Material

Mr. Kuhn discussed the proposal by Mr. Theurkauf dated September 26, 2014.

Mr. Philips motioned to approve the proposal for the Brightside Farm Trail as submitted, and Mr. Rodgers seconded. Mr. Piliero called for discussion, there being none, called the vote. All were in favor.

New Business

Bond Series 2010 Refunding Update

Mrs. Csete reviewed a letter from Mr. Michael Wolf, of Boenning & Scattergood, about the status of the 2010 Bond Series. Mr. Wolf discussed possible steps due to changes, since last consideration in December 2012.

Mr. Piliero made a motion to allow Mr. Wolf to proceed with steps 1 through 5 in the Boenning & Scattergood letter dated October 6, 2014 regarding the Advance Refunding General Obligation Bonds, Series of 2010. Mr. Kuhn seconded, Mr. Piliero called for discussion, and there was none. Mr. Piliero called the vote. All were in favor.

Open Road Salt Bids

The following bids for 700 tons of road salt were opened and read aloud:

1. Oceanport Industries:$58 unit or $40,600 FOB plant; $60.24 unit or $42,168 delivered
2. Eastern Salt Co. - Letter of “No Bid”
3. Morton Salt Co.: $93 unit or $65,100 FOB plant; $93.62 unit or $65,534 delivered
4. Cargill Salt: $65 unit or $45,000 FOB plant; $66.87 unit or $46,809 delivered

The bid documents were turned over to Mr. Wright for review and recommendation, so the contract can be awarded at the November Meeting.

Open Brightside Farmhouse Bids

Mr. Wright distributed a Brightside Farmhouse Project Bid Spreadsheet. One more bid from CRJ, in the amount of $76,900 was received by mail and read aloud.

Mr. Wright stated the lowest bid (without the alternative solution) was from Centre Point Contracting, Inc., of $78,000.

However, JD Bravo Company, Inc. took a bidding opportunity described at the pre-bid meeting, and proposed an alternative solution. This yielded a $14,000 deduction to their base bid of $84,000, bringing their bid to $70,000 (now lowest). Mr. Wright will review the bids, and told supervisors that JD Bravo Company, Inc., could be the lowest qualified bidder, if their alternative design suggestions were satisfactory.

Centre Point Contracting, Inc.	Base Bid $78,000
TilMar Design, Inc.	Base Bid $81,000
JD Bravo Co., Inc.	Base Bid $84,000 - $14,000 for alternate solution
Premier Builders, Inc.	Base Bid $90,000
Donald E. Reisinger, Inc.	Base Bid $94,300

Mr. Frens and Mr. Wright will provide a report to Supervisors at the next Board Meeting, after reviewing the documents.

CCATO Convention Nov. 6, 2014

Mrs. Csete asked if any of the Supervisors were planning to attend the annual Chester County Association of Township Officials Convention on November 6, 2014. She will register Mr. Rodgers and Mr. Philips. The deadline to register is October 31st.

Minimum Municipal Obligation 2015 – Pension Plan

Mrs. Csete said the Township is required to vote each year to provide for the Minimum Pension Plan obligation in the next year’s budget. She indicated that the state grant for 2015 is $3,873 leaving a cost of $4,580.00 for the township. This is an increase in cost from last year, when the net cost was $4,030.00.

Mr. Philips moved to authorize funding the Employee Pension Plan for 2015 in the amount of the Minimum Municipal Obligation provided by Trustees Insurance of $8,453.00, and to include this amount in the budget for 2015. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Pickering Crossing Escrow Release #12

Mr. Wright said the requested amount of $92,553.98 was reduced due to two items not completed, including the full installation of 24-inch HDPE pipe and the possibility that additional rock filters will be needed as construction continues.

Mr. Rodgers moved to approve Escrow Release #12 for Pickering Crossing in the adjusted amount of $72,490.48, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Spring Oak Escrow Release #5

Mr. Wright said the requested amount of $224,288.71 was reduced due to three items not completed.

1. Conversion of the sediment basins, which won’t take place until the end of the project.
2. CB #211 & #212 not being installed yet.
3. Additional temporary seed may be needed as construction continues.

Mr. Philips moved to approve adjusted Escrow Release #5 for Spring Oak in the amount of $187,625.03, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Schedule Budget Work Session (prior to Nov. 3rd meeting)

Mrs. Csete will email Supervisors regarding available dates to schedule a public meeting to review and finalize a draft of the 2015 budget. The meeting will take place at the Township Office, 4030 Whitehorse Road, Devault, PA. Budget presentation will be at the November 3, 2014 meeting.

Other Business

Mr. Philips asked Mrs. Csete to discuss email spam with Allen Underkofler of A. P. Underkofler Associates.

Mr. Hubbard will restudy the rush hour traffic on Bodine Road and will give Supervisors suggestions for reducing problems.

Mr. Philips reported two positive phone calls regarding the sale of the Volpi tract. The callers were instructed to contact Mr. Frens with further questions.

Mr. Wright said the survey was complete for the small lot at Charlestown Park. The University of Valley Forge requested that the Township show them where the property line was located, for underground utility reasons.

Mr. Piliero adjourned the meeting at 11:47 p.m. The next meeting is scheduled for Monday, November 3, 2014 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.