Charlestown Township Board of Supervisors Business Meeting Minutes of August 3, 2015

The first business meeting for August was held August 3, 2015 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA, Room 154.

Present:

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

Call to Order:

7:30 p.m.

Announcements

Mrs. Csete announced that the Board will hold a brief business meeting on August 10th, 3:00 p.m. at the Township Office to award the contract for the Charlestown Park improvement project. She also reminded everyone that the September meeting will be held on Tuesday, Sept. 1st due to the timing with Labor Day.

Citizens Forum

Representing the Deerfield Community HOA, Eric Hall and Jeremy Shaughnessy asked for the Township’s support of their efforts to negotiate with the Pa. Turnpike Commission (PTC) on providing sound barriers or other mitigation such as berms or landscaping for their development as a result of the widening project now underway. He said they’ve had two positive meetings with representatives of the Turnpike Commission so far. They’re planning to meet with the Great Valley Association in Tredyffrin and have spoken to Sen. Dinniman and Bob Jones from Rep. Milne’s office.

Mr. Hall said three factors the PTC considers are proximity to the Turnpike, whether sound walls would have a measurable effect, and whether the residential area meets their density standard. Deerfield falls under the density standard, but a few homes exceed the maximum 65 dB with some at 75 dB. Mr. Shaughnessy said these results are posted on the PTC website.

Mr. Philips asked if they’ve spoken with Traffic Management Association of Chester County (TMAAC) and Mr. Hall said no. Mrs. Csete suggested he email her for the contact information.

Mr. Piliero asked the HOA to keep the Township Manager informed and the Board will get involved if needed.

Approvals

July 6, 2015 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the July 6, 2015 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report July 1 - 31, 2015

Mr. Philips moved to approve the July 2015 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 August 3, 2015

Mr. Philips moved to approve the General Fund Accounts Payable Report for August 3, 2015 and Mr. Rodgers 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 August 3, 2015

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for August 3, 2015 and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

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

Hearing

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

The proceedings were taken by Mark Hagerty, Court Reporter. Mr. Thompson entered the following into the record:

T-1	Zoning Ordinance Draft
T-2	Letter from M. Thompson Esq. to Chester County Planning Commission dated 7/2/15
T-3	Letters from M. Thompson Esq. to Thomas A. Fillippo, Donald F. and Bertha A. Mahoney and Francis J. and Noreen A. McIntyre dated 7/2/15
T-4	Review letter from Chester County Planning Commission dated 7/17/15
T-5	Letter from M. Thompson Esq. to Daily Local News dated 7/20/15 requesting public notice
T-6	Proof of Publication
T-7	Proof of Posting on affected properties
T-8	Minutes of the 6/9/15 Planning Commission meeting

Mr. John Jaros, Esq. was present on behalf of the petitioner for the Zoning Map Amendment, Thomas A. Fillippo. Mr. Fillippo was sworn in and provided testimony for the record.

Mr. Jaros entered the following exhibits:

A-1	Current Proposed Subdivision of Devault Village at Spring Oak
A-2	Proposed Subdivision with the inclusion of the three additional lots

Following testimony, Mr. Thompson asked if there were any questions from those present. No one came forward. Mr. Thompson closed the hearing.

Mr. Philips moved to adopt Ordinance #192 - 2015 amending the Traditional Neighborhood Development District to add additional properties to the TND-1 overlay district. Mr. Rodgers/Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

New Business

Brightside Farm

Farmhouse bathroom repairs

Brightside Farm Manager Alix Coleman said she spoke with plumber Toby Messer last week about problems in the farmhouse’s only bathroom, which needs repair. Mr. Messer determined the floor joists are good although there is some rot of the flooring and walls. He suggested several options including:

1. Replace the tub/shower with a “bath fitter” type of unit and replace the floor.
2. Remove the tub and convert it to a shower only.
3. Convert it to a tub only and construct a new bathroom with a shower downstairs adjacent to the laundry room area.

The Board asked Ms. Coleman to obtain an estimate on the first option for Mr. Hubbard and Mr. Wright to review. Mr. Philips suggesting contacting antique dealers about the tub as that style still is now very desirable.

Request by Tenants to Add Greenhouse

Farmhouse tenant Sarah Acosta requested approval to construct a greenhouse, no larger than 10 x 10 feet, to be freestanding at the edge of the lawn and not a permanent structure attached to any of the buildings. Mr. Wright confirmed that building permit was not required, just a zoning permit with no fee. The Board indicated they would be amenable to the project.

Deerfield Dedication of Improvements

Bill Creeger was present from Pulte Homes along with Alyson Zarro, Esq. to seek acceptance of dedication of improvements in the Deerfield subdivision. Mr. Wright stated per his letter of 7/28/15 that all outstanding items for the Deerfield Subdivision related to dedication of improvements have been satisfied.

Mr. Piliero said there continues to be a water flow problem onto neighboring properties, including his daughter’s property. Mr. Kuhn added that Bill Coyle was another property owner with a runoff problem. Mr. Creeger said he met with PennDOT about this and they determined the water was due to the crown in the road that redirects water onto the Deerfield side. He said if Pulte corrects the problem they would prefer that the PennDOT permit be obtained by the Township, to which Mr. Kuhn indicated he would be agreeable. Funds are in place to cover the cost via the Performance Bond. Ms. Zarro asked for acceptance of the improvements with this issue to be addressed separately. The Board indicated they would like to have Mr. Wright meet with Pulte representatives this week to access the situation and make a recommendation prior to acceptance of the improvements. Therefore, this matter was tabled until the August 10th meeting.

Appoint Code Enforcement Officer – Resolution #852-2015

Mr. Kuhn moved to adopt Resolution #852-2015 appointing Tim Hubbard as Code Enforcement Officer and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Devault Area Gateway Improvements Contract

Mrs. Csete said there were 5 proposals received in response to the Request for Proposal for Devault Area Gateway Landscaping Improvements. The proposals were reviewed by Ed Theurkauf and C.M. Jones was recommended as the low bidder at $14,645.10.

Mr. Kuhn moved to accept the C.M. Jones proposal in the amount of $14,645.10 for the Devault Area Gateway Improvements project and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Kuhn asked if watering service was part of the proposal and Mrs. Csete confirmed that it is included.

Mrs. Csete asked the Board to consider authorizing Mr. Theurkauf to manage the project, and Mr. Philips so moved. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Review auction/bid options for sale of Volpi and Jenkins properties

Mr. Thompson reviewed the options for selling the Volpi and Jenkins properties. He recommended they first arrange for a new appraisal of each in order to determine minimum bid amounts.

Mr. Thompson said the Jenkins property would attract commercial developers and recommended the subdivision be sold by auction. A draft agreement has already been worked out with Traiman Corporation. Concerning the Volpi subdivided parcel, since this parcel would draw a non-real estate developer, he recommended marketing the property through a real estate agent who is familiar with sealed bid auctions.

The Board authorized Mr. Thompson to arrange for the appraisals with Carmody & Associates and to discuss the next steps at the September 1st meeting after receiving the results.

Mr. Kuhn suggested adding the 2 Auchincloss parcels to the properties to be handled by the real estate agent, to which the other board members agreed. Mr. Kuhn said he’s meeting with the French & Pickering Creeks Trust next week about placing a conservation easement on the properties and determining a building envelope for a home on the vacant lot. Ms. Ingrid Canterella-Fox from the Horse-Shoe Trail Club asked for the easement to allow for a trail connection down either edge of the two properties for a connection with the Brightside Farm. Mr. Philips added that an easement for a reserved trail along Hollow Road should be included.

Phoenixville Regional Planning Committee Amended Implementation Agreement

Mr. Thompson reviewed the agreement and noted small changes to various operative provisions, transportation planning and the open space review process. He noted that the parameters triggering a review had not changed. He said a major change was providing for a legal defense fund. The provisions state that a PRPC member may provide funds to defend the Regional Plan, but a contribution would not be required. A member would make a formal request in writing to the committee for legal defense funds. While Mr. Thompson said it may behoove them as a member to defend an attack on the regional plan, board members wished to table consideration of approving the amended agreement until Mr. Willig was present to comment since he is a member of the regional group.

Auchincloss Property

Lease

Mrs. Csete said she met with Patrick and Sheila McFadden to review the terms of the proposed lease for the Auchincloss property, which they found acceptable. Mr. Thompson had reviewed the lease on the Township’s behalf. Mr. Philips moved to authorize the Manager to execute the lease with the McFaddens as drafted with a one year term to begin immediately, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Oil Tank

Mr. Wright determined that a new tank, or possibly two smaller tanks, will be needed. He is meeting with the contractor on August 11th to discuss removal of the existing tank. He noted that he’s also meeting with this contractor at Brightside Farm on August 5th to review options for replacing that tank.

Budget Review

Mrs. Csete reviewed the spreadsheet she prepared entitled “Charlestown Township Interim Budget Analysis” which covers the period from January 1 – July 31 of this year. She noted that the General Fund balance is 14% favorable, the State Fund and Open Space Fund are 4% and 10% favorable respectively. Mr. Philips thanked her for undertaking this review.

Mr. Kuhn brought up the question of what accounting standard to use following Mike Wolf’s comment that the Township’s cash based method makes it more difficult to provide the reports to Dun & Bradstreet when a new rating is needed. Mr. Piliero said this came up during the last audit and he disagreed with Mr. Wolf’s assessment at that time but would be happy to meet with him and the Township auditing firm to discuss it.

Schedule Hearing for Zoning Ordinance Amendment to TND District Area 1 sections regulating garages and in-law suites

A hearing to amend sections of the TND District Area 1 zoning regulations was scheduled for October 5, 2015 at 7:30 p.m. at the Great Valley Middle School, Room 154.

Schedule Hearing for Zoning Ordinance Amendments to Sections 4 and 16

A hearing to amend sections of the zoning ordinance, Section 4, Use Regulations, and Section 16, Environmental Controls was scheduled for October 5, 2015 at 7:30 p.m. at the Great Valley Middle School, Room 254. Mr. Kuhn suggested removing the conditional use for private clubs under Section 4 and the members were in agreement.

Bala Investments, the Village at General Warren, and Pickering Crossing Escrow Releases

Mr. Philips moved to approve Escrow Release #4 in the amount of $40,745.86 for the Ashford Subdivision (Bala Investments), Escrow Release #5 in the amount of $11,317.00 for the Village at General Warren, and Escrow Release #21 in the amount of $131,284.50 for Pickering Crossing. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Open Space Monitoring & Enforcement

Mr. Kuhn suggested that Mr. Thompson provide ordinance language to allow for enforcement of open space maintenance following Ed Theurkauf’s bi-annual inspections. Some of these inspections are for township-owned properties and the Board determined they should first bring all these properties into compliance before moving forward.

Brightside Farm Trail

Mr. Philips asked for the status of designing the trail at Brightside Farm, and Mr. Wright said it is in progress and he’ll provide a memo outlining the steps to obtain any necessary permits.

Adjournment

Mr. Piliero adjourned the meeting at 8:50 p.m. The next meeting is scheduled for Monday, August 10, 2015, 7:30 p.m. at the Charlestown Township Office, 4030 S. Whitehorse Road, Devault, PA.