Charlestown Township Board of Supervisors Business Meeting Minutes of June 1, 2015

The first business meeting for June was held June 1, 2015 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA, Room 154.

Present:

Supervisors:	Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, Charles A. Philips and Hugh D. Willig. Frank A. Piliero was absent.
Consultants:	Mark P. Thompson, Esq., Daniel Wright, P.E., Dale Frens, and Thomas Comitta.
Staff:	Linda Csete, Manager, Tim Hubbard, Property & Safety Coordinator, and Lisa Gardner, Recording Secretary.
Public:	See attached sign-in sheet

Call to Order:

7:30 p.m.

Announcements

Mrs. Csete announced that copies of the Spring Newsletter are available this evening.

Citizens Forum

Mrs. DeWilde of the Charlestown Historical Society said the Memorial Day Service at the Revolutionary Cemetery was a success. Thanks go out to the two individuals that purchased flags and to Boy Scout Troop 76 for using the flags to mark the spot where 200 soldiers are buried. Mr. Cabot arrived early that day to mow, and Mrs. Csete hung the event notice at the post office. Also, the Roadmaster found the historical interpretative sign that that needs to be placed, and he also helped with parking. So, her thanks went out to many.

She also said that years ago, the Charlestown Historical Society was given the Wisner-Rapp House, and they recently installed a sign and lowered shrubs at the entrance. The house will be open periodically to the public.

Approvals

May 4, 2015 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes for the May 4, 2015 Business Meeting and Mr. Philips seconded. Mr. Rodgers called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report May 1 - 31, 2015

Mr. Kuhn moved to approve the May 2015 Treasurer’s Report and Mr. Philips seconded. Mr. Rodgers called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for June 1, 2015

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for June 1, 2015 and Mr. Philips seconded. Mr. Rodgers called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for Open Space Fund for June 1, 2015

Mr. Philips moved to approve the Open Space Fund Accounts Payable Report for June 1, 2015 and Mr. Kuhn seconded. Mr. Rodgers called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Philips moved to accept the May 2015 reports #1-14 as submitted and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Mr. Willing reported that the Regional Planning Commission has updated its Implementation Agreement with new thresholds and language. They are waiting for incoming comments.

Mr. Frens and Mr. Kuhn updated the Board on Mr. Frunzi’s Woolen Mill efforts to move the original equipment back into the building and make it functional for demonstration purposes. Mr. Frens said the generator placement and establishment of a finish date for the current phase of work are his focus. Mr. Philips suggested Mr. Frens draft the next proposal including setting a cap on the next phase of spending.

Hearings

Ordinance to Enter Tri-Party Agreement with East Whiteland Township and the East Whiteland Volunteer Fire Association

Mr. Thompson opened the Hearing to consider entering into a tri-party agreement with East Whiteland Township and the East Whiteland Volunteer Fire Association. Mr. Thompson said that after lengthy negotiations, the Ordinance had been finished, advertised as required, and contained no exhibits for tonight. Mr. Thompson asked if there were any comments, and there were none.

Following the Hearing, the record was closed. The Board thanked Mr. Kuhn and Mr. Thompson for all their hard work. Mr. Philips moved to adopt Ordinance #189-2015 entering into the proposed tri-party agreement with East Whiteland Township and the East Whiteland Volunteer Fire Association. Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor. Mrs. Csete mentioned that the Ordinance delineated a fire service area as an attachment to the document.

Old Business

Update on Brightside Farm 2015 Preservation Maintenance Project

Mr. Frens provided an update on Phase #1 of the preservation of the Brightside Farmhouse. The basement is ready for the structural work to begin. The electrical issues have been finished; this next phase should be done in about 45 days.

Phase #2 of the preservation projects at the Brightside Farm identifies three significant buildings, suggested by The Charlestown Historical Commission. Mr. Kuhn asked Mr. Frens what would be the cost of repairing beyond moth balling. Mr. Frens estimated the cost of basic repairs at $80,000 and the cost of increasing the repairs to a more adequate level, to be near $300,000. Mr. Frens suggested the Spring House as a candidate for the Keystone Historic Preservation Grant. This structure is the easiest one to defer repairing, and they can have the bid package ready with the application (deadline early next year). The other two structures can be stabilized this year.

Mr. Philips moved to have Mr. Frens draft bid documents for three structures, the Bank Barn, the Wagon Barn, and the Spring House. The Spring House bid is to be prepared in greater detail, and in consideration of application for the Keystone Historical Preservation Grant. Mr. Rodgers seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

New Business

Horstmann-Elters Minor Subdivision Plan – Buckwalter Road

Mr. John Horstmann presented the Minor Subdivision Plan to change the lot line between his property and the adjacent Elters’ property located on the south side of Buckwalter Road. This flagpole style lot separates two larger properties that they would not like to see combined and developed. Mr. Wright added that they received a Net Lot Calculation Variance.

Mr. Kuhn moved to approve the Horstmann-Elters application for Minor Subdivision dated April 20, 2015, last revised May 12, 2015, with requested waivers. Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor. Mrs. Csete asked for 7 signed copies for the Township to process.

Devault Foods Inc. Request for Extension of Preliminary Plan

Mrs. Csete said Devault Foods has requested another one year extension to the deadline for filing the Phased Final Plan associated with the five phase Preliminary Plan that was conditionally approved in June 2005. It is to be completed over a 10-15 year period. They also request a one year extension to Permits #3419-06, C-06-244 and 07015 E & S.

Mr. Kuhn moved to approve a one year extension to the Preliminary Plan and the associated permits, and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Resolution to Update Fee-in-Lieu Fee Schedule

Mr. Comitta distributed a handout dated May 28, 2015 containing a draft resolution and Recreation Plan Fact Sheet. He explained the procedure he undertook to determine the appropriate updates to the Fee-in-Lieu Fee Schedule to bring them in sync with the dollar values in the 2012 Open Space, Recreation and Trails Plan. The formula includes the household projection for the year 2020, using 2013 Comprehensive Plan figures. Mr. Comitta felt confident raising the amount from $2,500 to $2,666, due to using a conservative view on costs and estimates, and by comparing it to other townships’ Fees-in Lieu.

Next, the Board discussed the Fee while considering other future costs of Comprehensive Plan updates such as:

1. Brightside Farm’s Trail
2. Brightside Farm’s Building Renovations
3. Volpi
4. Jenkins Park (already figured into Mr. Comitta’s projections)
5. Charlestown Park Improvements

Mr. Comitta suggested adoption of the new fee tonight. Then the Board can revisit the Fee, and change it, if other justifications warrant an increase at each yearly Reorg Meeting. Also, included in his document, was a five year schedule that portrayed a 4% increase due to inflation. He will talk with Mr. Thompson and Mr. Wright and obtain estimates, then include the five additional project costs mentioned by the Board. He will return next month in regards to updating the fee further.

Mr. Philips moved to approve Resolution #850-2015 updating the Fee-in-Lieu Fee Schedule, and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Ordinance Amendment to Add Special Design Standards for Garages & In-Law Suites in TND Districts

Design Review Committee Chairman, and Planning Commission member, Mr. Michael Allen presented the newly proposed design standards for garages and in-law suites in TND Districts. The standards were developed as a result from design questions arising at the Spring Oak Development now under construction.

1. A maximum of 10% of single-family homes may contain an in-law suite over a garage
2. For Spring Oak this amounts to a maximum of 7 units.
3. Any three car garage must have a second story and be considered an in-law suite whether or not it has plumbing.
4. A second story over a two car garage does not count as an in-law suite and there will be no plumbing connection.
5. 20 garages can have two stories.
6. No more than 30% of single-family detached garages may have a second story.
7. No more than 30% of the garages in any one street or alley may have a second story.

Mr. Wright will control the number of permits out for in-law suites so that it does not exceed seven for single family homes. Mr. Allen will return to the Board for approval after the amendment is reviewed by the Planning Commission.

Schedule Hearing for Ordinance Amendments to Sections 16-101 Active Recreation Parks and 16-102 Passive Public Park and Open Space Lands

Mr. Thompson explained that amendments were needed to two parts of the Parks and Recreation chapter of the Code of Ordinances in light of recent court decisions on firearms. Previously, it was against Township Ordinances to carry firearms on Township park grounds. The Ordinance detail would be amended to prevent hunting and shooting of firearms on Township open space and park grounds.

Mr. Kuhn moved to schedule a hearing on July 6, 2015, 7:30 p.m. at the Great Valley Middle School, Room 154 to consider this amendment to Section 16 of the Code of Ordinances, and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips suggested new zoning language to regulate commercial indoor and outdoor ranges or hunting clubs. Mr. Thompson will begin drafting regulations regarding these for the Township.

Schedule Hearing for Proposed Zoning Ordinance Amendment to Rezone Parcels #35-4-129.1, 35-4-129 and 35-4-132 from Residential Cluster (RC) to Traditional Neighborhood Development-1(TND-1)

On behalf of Fillippo Developers, the Board discussed a proposed Zoning Ordinance Amendment, recommended by the Planning Commission, to rezone three parcels in the Residential Cluster zoning district to Traditional Neighborhood Development-1 for incorporation into the Devault Village at Spring Oak Subdivision Plan.

Mr. Kuhn moved to schedule a hearing on July 6, 2015, 7:30 p.m. at the Great Valley Middle School, Room 154 to consider this amendment to Zoning Map, and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Charlestown Park Update

Mr. Detorre of JD Bravo gave the Board an update on the latest phase of improvements at Charlestown Park. Initially, demolition was thought to be most efficiently handled by Melchoirre, the contractor handling removal of the fence.

But, the NPDES Permit, and erosion and sedimentation controls are substantial, and will need ongoing monitoring. Breaking out the demolition and tree removal from the three main bid packages would not provide any financial benefits. Plus, the Township would disturb the Chester County Conservation Department’s already approved Sequence of Construction. Therefore, Mr. Detorre suggested having the successful general trades contractor, from the upcoming bid afford the Township contractors a fair opportunity to quote the demolition and tree removal. This will maintain better organizational control and give the Township more competitive pricing.

A construction manager is needed for this project. Mr. Rodgers would like to see offers from other companies, besides JD Bravo, but Mr. Detorre said it would be a conflict of interest for him to handle this issue. To keep the momentum positive, Mr. Wright will review the JD Bravo proposal closely. The company is currently 15% under budget.

Lastly, preordering of playground equipment and pavilions will begin in early July, with bid awards on July 6th. Materials should start arriving by early August, and be installed by mid- September. Bids are going out on PennBid, and Mr. Thompson will review the bid document. Any subsequent changes will be made by addendum.

Award Contract for 2015 Road Paving Project

Mr. Wright summarized his review of Cedar Spring Construction Company’s initial lowest bid. Five bids were received on May 4, 2015 for the 2015 Road Improvement Project. Cedar Springs met all the qualifications and were recommended for the contract. The bid of $130,768.20 when added to the Co-Stars materials quote from Independence Construction materials of $126,393.40 results in a total of $257,161.60. Mr. Wright will coordinate the buying of materials.

Mr. Philips moved to award the 2015 Road Improvement Bid to Cedar Hollow Construction Company excluding materials, and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Insurance Renewal June 11, 2015 to June 11, 2016

Mrs. Csete previously distributed via email the data reflecting a $1,515 increase. This increase is primarily due to a larger Township budget which is a factor in calculating rates. Mr. Philips moved to accept the Scottsdale Insurance proposal obtained through Simkiss Company for the period of June 11, 2015 to June 11, 2016 and Mr. Kuhn seconded. Mr. Rodgers called for discussion and there being none, called the vote, and all were in favor.

Pickering Crossing Escrow Release #20

Mr. Kuhn moved to approve Escrow Release #20 in the amount of $39,467.02 for Pickering Crossing and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Village at General Warren Escrow Release #3

Mr. Kuhn moved to approve Escrow Release #3 in the amount of $100,834.00 for the Village at General Warren and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Spring Oak Escrow Release #9

Mr. Philips moved to approve Escrow Release #9 in the amount of $202,153.69 for Spring Oak and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Other Business

Request for Public Sewer at 219 Conestoga Road

Mr. Rodgers and Mr. Wright discussed Mr. Ryan McCabe’s request to hookup to the VFSA gravity main in close proximity. The soils in the area are poor for infiltration, and not eligible for elevated systems, or stand-alone septic systems, per the Chester County Heath Dept. Valley Forge Sewer is ultimately responsible for the approval of the connection, but since the proposed connection is outside of the current sewer area, the Valley Forge Sewer Authority will require support from the Township to proceed with the required PA DEP approval. Mr. Wright suggested the Board support the request to tie into the public sewer since no other on-site option is available.

Mr. Philips moved to support the hookup of 219 Conestoga Road to the VFSA gravity main. Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Other Items

Mr. Kuhn moved to deny the Whitehorse Estates Final Plan due to the Preliminary Plan being denied. Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Mr. Thompson reviewed the process for Ordinance amendments. Mr. Comitta usually begins to draft the ordinance language from a Board or Planning Commission suggestion, or meeting motion. Mr. Thompson forms it into a legally accepted ordinance format, if it is a simple case. The Planning Commission drafts the more lengthy ordinances. Mr. Thompson told the Board he was working on the Noise Ordinance adjustment for the FR district.

Mr. Kuhn and Mr. Philips discussed the consideration of future plans (and site restrictions) for the Woolen Mill.

Adjournment

Mr. Rodgers adjourned the meeting at 9:25 p.m. then the Board of Supervisors held an Executive Session immediately following. The next meeting is scheduled for Monday, July 6, 2015, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, in Malvern, PA.