Charlestown Township Board of Supervisors Business Meeting Minutes of November 2, 2015

The first business meeting for November was held November 2, 2015 in 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, Charles A. Philips, and Hugh D. Willig.
Consultants:	Mark P. Thompson, Esq., and Daniel Wright, P.E.
Staff:	Linda Csete, Manager, Jim Thompson, Public Works, Lisa Gardner, Recording Secretary, and Tim Hubbard, Property & Safety Coordinator.
Public:	See attached sign-in sheet

Call to Order:

7:30 p.m.

Announcements

The Supervisors held an executive session following the October 26, 2015 Budget Meeting to discuss legal matters.

Citizens Forum

No matters were brought forth.

Approvals

October 5, 2015 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the October 5, 2015 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

October 26, 2015 Budget Meeting Minutes

Mr. Philips moved to approve the minutes for the October 26, 2015 Budget Meeting and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report October 1 - 31, 2015

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

Accounts Payable Reports for Operating Fund for November 2, 2015

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for November 2, 2015 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 November 2, 2015

Mr. Philips moved to approve the Open Space Fund Accounts Payable Report for November 2, 2015 and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Philips moved to accept the October 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.

Hearings

“No Parking” Ordinance - Coldstream Road

Mr. Thompson explained the amendment to the Charlestown Code of Ordinances, Chapter 15. It regulates parking on the north side of Coldstream Road, between Township Line Road and Charlestown Road. Mr. Thompson said only Township officials with specific authorization can call for a tow, he will check on the specifics. Signs will be posted on Charlestown Park property, referencing the ordinance section and the phrase “will be towed”.

Mr. Rodgers moved to adopt Ordinance #196-2015 to have Coldstream Road posted as a no parking zone. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

Deerfield Dedication of Improvements

Mr. Piliero recused himself on this matter.

Ms. Alyson Zarro, Esq. and Mr. William Coyle, of Pulte Homes were present to request acceptance of the improvements at Deerfield. Mr. Thompson had reviewed the amended SLDO agreement that will hold $40,000 in escrow for stormwater management corrections. Mr. Wright stated Mr. Creeger of Pulte Homes met with him to investigate the scope of the complaints, and give recommendations. Both the Coyle and Brown parties agreed to put in writing their acceptance of the findings and recommendations. This is now in the updated agreement. Mr. Thompson said the $40,000 will remain in escrow for one year, and it is more than enough to cover the estimated cost by Ingram Engineering. Mr. Thompson said they can move forward with the other documents now that all are in agreement.

Mr. Kuhn asked on behalf of the former fire marshal that the name be changed to Hollow Road, not Hollow Drive since it’s a continuation of that road, but the Board declined in consideration of the residents who have had established addresses there for several years with no problems receiving emergency services.

Mr. Kuhn moved to approve and accept the following (subject to the finalization of the agreement authorizing $40,000 to remain in escrow for stormwater projects, and subject to the review and approval of the Township Solicitor and Township Engineer):

1. Separate Agreement to Authorize use of Bond Funds for Stormwater Mitigation
2. Maintenance Agreement
3. Grant of Trail Easement and Dedication of Public Trail
4. Deeds of Dedication for Hollow Road, Deerfield Drive and Pyle Lane

Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. Four were in favor, Mr. Piliero abstained.

Mr. Philips moved to approve the escrow release #4 Phase 2 and #5 Phase 1 totaling $344,019.90 for Deerfield. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. Four were in favor, Mr. Piliero abstained.

Update on Charlestown Park Improvement Project

Mr. Dettore provided a report on the improvements underway at Charlestown Park. This month there was more construction following the demolition work in October.

1. 75% of stormwater controls are in place. E & S controls are completed.
2. 75% of excavation is finished.
3. Pavilions 1, 2, and 3 have foundations and columns installed.
4. There may be some additional costs associated with soil mitigation in one of the areas.

The project is on schedule, and site improvements should be completed in 2015. Landscaping that must wait until spring pushes the project into 2016.

New Business

Joos Minor Subdivision Plan

Mr. John J. Mullin, P.E. of Mullin Engineering LLC presented, on behalf of Mr. and Mrs. Eric and Amanda Joos, their response to the Board’s written decision for the Joos’ Final Subdivision Plan. A letter, dated October 19, 2015 from Lamb McErlane PC, described Conditions for a lot line revision of two parcels (36.6 acres) on Tiptonbrook Lane.

Mr. Mullin said the Joos didn’t accept Condition #1. Condition #1 stated the shared driveway, for lots A and B, was to remain as shown. No additional driveways may access Church Road from Lot B. Mr. Mullin discussed points of disagreement with the Board Members.

1. A future driveway would make give more privacy to the two existing homes on the two lots.
2. A future driveway would not run parallel to the existing driveway.
3. Since there are no current restrictions, and they are not requesting a driveway change, no restriction needs to be set at this time.
4. It will make the resale value less.
5. Adding a new driveway on Lot B would require a conditional use approval for crossing a floodplain, making it unlikely due to the extra cost and effort involved. Mr. Mullin suggested Supervisors allow for consideration of an additional driveway in the future instead of establishing a restriction now.
6. It is a state road. Sight requirements would have to be met (obstacle).
7. It would be costly and time consuming to reroute a driveway over or near a stream and wetlands, and would involve the D.E.P. This presents another obstacle for a future driveway.

Much time was spent trying to establish the point that, with such costly obstacles, the likelihood of changing the current configuration of the driveway is small, therefore the restriction is unnecessary and should be lifted. Mr. Kuhn was against any further road cuts for Church Road. Mr. Philips said many high end homes in the township have shared driveways and he doesn’t believe that the resale value is affected. Possible changes by future owners were also to be considered. Any attempt by any owner to cross the wetlands would be met with reservations by the D.E.P., considering the fact that the owner already has access.

Mr. Joos spoke regarding the distances, especially regarding the closeness to his house. Mr. Willig however, was more sympathetic to the Joos’ privacy. He suggested an alternative that would reroute a future shared driveway (while abandoning the old). Mr. Mullin firmly said they simply do not want the driveway restriction. He would not consider Mr. Willig’s suggestion, and asked for another vote. No motion was made. Mr. Mullin requested a vacate of judgment. Mr. Thompson told the Board they did not have to reconsider.

Mr. Mullin was told he could resubmit with modifications or appeal last month’s approval. Supervisor’s reiterated the possible alternative given by Mr. Willig, Mr. Mullin said they did not accept the Condition.

Route 29/Warner Lane/Yellow Springs Road Intersection

Mrs. Csete provided a recap of the October 20^th meeting held at the Township Office with Traffic Planning & Design, Inc. to review possible signal changes and traffic calming measures for the Route 29/Warner Lane/Yellow Springs Road intersection.

Out of the numerous potential changes, the Supervisors and Planning Commissioners recommended taking two specific measures. Mrs. Csete will confirm with PennDOT whether approval is needed before attenuators are installed on Warner Lane. This intersection is not in the Act 209 Plan, but the Plan can be updated so the cost of these updates can be covered by developers’ contributions.

Mr. Philips moved to accept Traffic Planning & Design, Inc.’s proposal to amend the Traffic Signal Plan for this intersection. This is to include an all-red signal when the pedestrian crosswalk signal is activated, and the Plan is to be submitted to PennDOT for review and approval. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips moved to authorize the Roadmaster to install attenuators on Warner Lane approaching Route 29, and Mr. Kuhn seconded, subject to any approval necessary from PennDOT. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appoint Code Enforcement Officer

This item was tabled.

Website Design & Maintenance Agreement 11/1/2015 - 10/31/2016

Mr. Philips moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2015 to 10/31/2016 with no rate increases proposed, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution Re-Adopting the Emergency Operations Plan

Mrs. Csete explained that Mr. Hubbard had reviewed the existing Plan with County officials and it was determined that the Plan remains current and needs no amendments.

Mr. Philips moved to adopt Resolution #197-15 re-adopting the Emergency Operations Plan of Charlestown Township and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize Advertising for Adoption of 2016 Budget for December 7, 2015

Mr. Rodgers moved to authorize the Township Manager to advertise the proposed 2016 Budget for consideration of adoption at the December 7, 2015 Board of Supervisors Meeting, 7:30 P.M., in Room 154, of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Authorize Advertisement of Intent to Appoint a CPA to Audit the 2015 Accounts

Mr. Kuhn moved to authorize the Township Manager to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting, to conduct the 2015 audit. Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Pickering Crossing Escrow Release #25

Mr. Wright stated that he had reviewed the Pickering Crossing release for $161,402.39 and recommended it in full.

Mr. Philips moved to approve Escrow Release #25 in the amount of $161,402.39 for Pickering Crossing. Mr. Piliero seconded and called for discussion, there was none. Mr. Piliero called the vote, all were in favor.

Village at General Warren Escrow Release #8

Mr. Philips moved to approve the Escrow Release #8, in the amount of $153,082.91, for the Village at General Warren. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Road Salt Bid Award

Mrs. Csete referred to the recommendation by Mr. Wright, in his letter dated October 6, that designated Oceanport Industries as the lowest responsible bidder to provide road salt to the Township for the 2015-2016 season. Mr. Philips moved to award the Road Salt Contract to Oceanport Industries and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

The Mill Landscaping

Mr. Philips discussed a proposal by Theurkauf Planning and Design to improve the landscaping at the south end of the Mill, near the stream. Charlestown Landscaping was suggested for the work as a contract with them is already in place.

Mr. Kuhn moved to approve the $4,090 proposal by Theurkauf Planning and Design for the Mill, and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

The Thompson Trail

Mr. Kuhn said four wheelers are using the Thompson Trail near Tinker Hill Road. Mrs. Csete is to send letters to nearby residents stating that Charlestown Township can shut down the trail if users are non-compliant. She was also to notify Mr. Lawrence of the Parks & Recreation Board.

Adjournment

There will be a brief executive session following adjournment tonight to discuss legal matters.

Mr. Piliero adjourned the meeting at 8:55 p.m. The next meeting is scheduled for Monday, December 7, 2015, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA 19355.