Charlestown Township
Board of Supervisors Business Meeting
Minutes of August 1, 2016

The first business meeting for August was held on August 1, 2016 at the Great Valley Middle School in Room 154, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Supervisors: Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Kevin R. Kuhn, Michael J. Rodgers, and Hugh D. Willig.
Consultants: Mark P. Thompson, Esq., Daniel T. Wright, P.E., Edward Theurkauf, Dale Frens and Robert Dettore.
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:

7:00 p.m.

Announcements

  1. Mrs. Csete stated the Board held an executive session at the Township Office on July 13th at 6:00 p.m. to discuss legal matters.
  2. Mrs. Csete stated the September meeting will be held on Tuesday, September 6th due to the Labor Day Holiday.

Citizens Forum

No items were brought forward.

Approvals

July 5, 2016 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the July 5, 2016 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, 2016

Mr. Rodgers moved to approve the July 2016 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 August 1, 2016

Mr. Rodgers moved to approve the General Fund Accounts Payable Report for August 1, 2016 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 August 1, 2016

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for August 1, 2016 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Rodgers moved to accept the July 2016 reports #1-13 as submitted and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Scout Project Presentation

Mr. Nick Warner of Troop 67 presented his proposal to construct a walkway over a wet area of the Jack Kesti Trail near the Ice Dam. He previously met with trail members on site about the environmentally friendly bridge with handrails. It will span a 3 foot deep ditch. Mr. Philips requested he work with the Parks & Recreation Board, after Mr. Wright meets with him. Mr. Wright will give him written authorization for the project. Mr. Warner plans on completing it the week of August 7th. Mrs. Csete requested pictures for the website.

Mr. Kuhn moved to approve the project and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Hearing

Kathrine Bright – Conditional Use Application

Mr. Thompson opened the hearing; the proceedings were taken by Mark Hagerty, Court Reporter. Ms. Bright testified regarding her proposal to be permitted to have a personal training studio (home occupation) on her property in the (FR) Farm Residential Zoning District. Tax parcel involved is no. 35-4-38 on Hollow Road (at the corner of Pikeland Road).

Mr. Thompson entered the following items as exhibits in June.

T1-Public Notice
T2-Application #CU-16-01

The hearing was continued at the July meeting. Tonight Mr. Thompson added an additional exhibit, A1-Photos of property and driveway, submitted by Ms. Bright. Mr. Philips verified that there would be no lighting changes to the property. The applicant satisfied the Standards for Conditional Use set forth in the Zoning Ordinance per the Township Engineer. The hearing was closed.

Mr. Kuhn moved to approve Kathrine Bright’s Conditional Use Application and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. A written decision will be issued within 45 days.

Old Business

Charlestown Park Improvement Project

Mr. Dettore provided an update on the surety take over situation at Charlestown Park. The surety was asked to reconsider its original proposal and had just today, formally responded to Mr. Dettore and Mr. Thompson.

Mr. Dettore found this version also sub-par and suggests the Township take over the project. This leveraged position does not protect from possible residual claims by the surety or the defaulted contractor, but the Township may select the landscaper and contractors needed for grading. Paving can also be done by a contractor trusted by the Township. These contractors will be paid from the residual contract balance of $643,595.69. There is no requirement to rebid.

Mr. Detorre added that this course gives a greater degree of flexibility and freedom to the Township to finish the Park, maintaining the estimated finish date of 45 days for park grounds and 90 for restrooms. Any residual payment claims will still be handled by the surety.

Mr. Thompson suggested a written document to clarify the intent of the Township, to be sent to the surety, and all parties involved.

Mr. Kuhn moved to conditionally approve the Township denial of the most recent take-over proposal by the surety. The Township itself, will execute the remainder of the renovations to Charlestown Park, with all documentation and notifications to be drafted by Mr. Thompson. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

JD Bravo Consulting

Mr. Kuhn moved to approve the continuance of JD Bravo, and the construction consulting services of Mr. Detorre, for the Township. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Charlestown Day

Karen Schlichter updated the Board on Charlestown Day, which is being moved to Saturday, October 29th to ensure that the Park will be ready for the event. Approximately 25 vendors are signed up, and the GVCO will be coordinating many kid friendly events. Vendors will be expected to have treats for costumed visitors.

Scout Project Presentation

Mr. Nick Stillwell of Troop 67 presented his proposal to construct a walkway, or puncheon, over a wet area of the Pickering Trail, near Charlestown Road. He requested approval tonight so he could do the work over the weekend of August 20th. It has already been approved by the Park and Recreation Board and Mr. Wright. His contact will be Mr. Hubbard.

Mr. Philips moved to approve project and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

New Business

HARB Certificates of Appropriateness

Feiner Application

Historical & Architectural Review Board Co-Chair Mrs. Fran Rodgers provided background on the improvements proposed by Mrs. And Mrs. Feiner, for the former Gill property. Improvements are primarily door and window replacements for the barn, guest house, and shed. A draft Certificate of Appropriateness has been prepared for the Board’s consideration.

However, HARB advised that the applicant was to prepare at least one 4 foot square test panel of the proposed pointing. This must be found acceptable to a HARB subcommittee for permitting purposes. Mr. Wright advised Mr. Lull (Diament’s project coordinator) to proceed with permitting, excluding the stucco removal aspect. This could be separately permitted, after HARB approval.

Mr. Philips moved to approve the Certificate of Appropriateness for 2100 Foster Road and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

With the Feiner’s approval of the sample, Mrs. Csete will then notify Mr. Frens and the HARB, and they will visit the site.

Charlestown Methodist Church Application

Mrs. Csete provided background on the wall repairs proposed for the Charlestown Methodist Church, with provisions regarding the materials to be used. Mr. Frens further advised the Board. A draft Certificate of Appropriateness has been prepared for the Board’s consideration.

Mr. Philips moved to approve the Certificate of Appropriateness for 651 Church Road and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Fillippo property 205 Mine Road – Request Storm Water Management Waiver

Mr. Wright presented an overview and stated that he had advised the applicant to request a waiver for stormwater management. Mr. Jack Robinson, representing the applicants, proposed a 70’ by 36’ rain garden in place of an underground storage facility. The garden is in a part of the property that bumps out into Mr. Fillippo’s parents’ property. The water will ultimately flow to the parents’ ponds. Mr. Comitta has given the plan his approval per Mr. Wright, and the Planning Commission also recommended approval.

  1. Set back is estimated at 30 feet.
  2. The size of the property and only one large dwelling made the applicant choose not to put the stormwater collection underground.
  3. It will require a maintenance plan.

Mr. Kuhn moved to approve the waiver request for 205 Mine Road subject to entering into a Stormwater Maintenance Agreement, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Frank Boyle – Zoning Relief Request

Mr. Boyle presented his request for zoning relief to convert a dilapidated barn at 1001 Yellow Springs Road (in TND-3, underlying zoning NC-1). He would like to convert the barn into two apartments and has already applied to the Zoning Hearing Board for a use variance since the property, in addition to the barn itself, is too small for a multi-family structure according to the Zoning Ordinance. If zoning relief is obtained, the Boyles would then need to obtain conditional use approval for adaptive re-use of a historic structure, which permits the conversion to apartments.

Mr. Philips moved for the Board to take a neutral position toward the application for two units, but a supportive recommendation if the application is changed to one unit. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Wright and Mr. Thompson will establish a meeting time to discuss Mr. Boyle’s application. Then Mr. Boyle will be contacted by the Zoning Hearing Board to schedule the hearing.

Charlestown Mill Landscaping Bid Package

Mr. Theurkauf previously circulated a draft bid package for landscaping improvements at the Charlestown Mill property. Mr. Theurkauf, collaborating with Mr. Wright and others, said the problematic landscaping near the mill was the original reason for the bid. However, structural and stormwater issues became apparent, and were added onto the proposal. The following are issues that are involved in the proposal entitled Phase 1:

There is a ruin of a residence nearby that could be unearthed and plans are to build a seating wall around it. By planting a garden area with a mill stone in the center, it will recreate a historic landscape. The proposal for Phase I is estimated at a cost of $100,000.

Phase 2, being called an alternate bid, involves the restoration of a naturalistic meadow by removing walnut trees and invasives. Plantings and actions to promote valuable and obtainable view sheds, plus a maintenance plan are part of this phase. Mr. Kuhn reminded Mr. Theurkauf to include a tent area for events.

The uncovering of the ruins was suggested as an Eagle project, however Mr. Theurkauf said he had only done a preliminary site inspection, and it was too early to plan this part of the project. He estimated 7-10 days for completion of bid documents. Mr. Theurkauf will oversee the project with Mr. Hubbard.

Mr. Kuhn moved to approve the 2017 Charlestown Mill property improvement documents, and to schedule the advertising for mid-August, with a bid opening at the October Board of Supervisors Meeting (at 7:00 p.m. at the Great Valley Middle School). Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Brightside Farm Bid Packages for Phase 2 Improvements and Bathroom Renovations

Mr. Frens previously circulated two draft documents for the Brightside Farm. The first document was a bid package for repairs of the bank barn and wagon barn and restoration of the springhouse. The springhouse is not on the historic register and therefore not eligible for grant funding. The bank barn and wagon barn projects are estimated at a cost of $50,000 being the base bid; the springhouse is an alternate bid at another $50,000.

Mr. Philips moved to approve the advertising, bid document, and schedule the bid opening for the September 6, 2016 meeting at 7:00 p.m. at the Great Valley Middle School, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

The second document was a request for proposals for bathroom renovations in the Farmhouse, which is a smaller project that is not required to go out for public bids. Mr. Frens described a sketch with the laundry having an ADA restroom. Mr. Hubbard and Mr. Frens thought a shower would be a wise addition. This is estimated at $10,000-24,000 using invited bidders.

Mr. Philips moved to authorize the proposal of the first floor restroom enhancement bids. Mr. Piliero seconded and called for discussion, there being none, called the vote. All were in favor. Mr. Hubbard will be contact person. Topics also discussed:

Award Devault Area Gateway Landscaping Improvement Contract

Mr. Wright reviewed the two bids received for the Devault Area Gateway Landscaping Improvement project. Of the two bids, only the bid from Green Weaver Landscapes was in compliance with the bid specs and was recommended for acceptance. This bid was slightly higher than the bid from C.M. Jones. The bid explicitly states the contractor’s responsibility for maintenance over the next two years following completion of the project.

Mr. Kuhn moved to award the contract for the Devault Area Gateway Landscaping Improvements, Phase 2 to Green Weaver Landscapes in the amount of $49,408 and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Devault Basin

Mr. Kuhn asked Mr. Theurkauf about the Devault basin landscaping, and the lack of response by C. M. Jones to water new plantings for two years. Mr. Theurkauf, Mr. Motel of the Planning Commission, and a representative of C. M. Jones, met at the basin where several trees and other plantings are dying or dead and need to be replaced per the warranty.

Mr. Theurkauf said the contract does not clearly state C. M. Jones was to perform mowing at the basin. The shrubs died partially because of weed overgrowth/height. However, the contractor is still partially responsible, since they didn’t water the area, and would have notified the Township when they noticed the shrub/weed problem.

Mr. Theurkauf wrote in his review letter that the dead trees are definitely due to the lack of watering. The contractor is aware of the Township expecting replacements, but as of today there has been no further contact from C. M. Jones. Mr. Theurkauf said that it may be because this time of year is not the time to plant trees; they had discussed fall being a more appropriate time. However, if Mr. Thompson doesn’t hear from the contractor soon, he will follow up. Mr. Kuhn wants a written response in a few weeks.

Pickering Crossing Escrow Release #28

Mr. Wright said the developer originally asked for $147,096.38 but did not finish converting the basin to a below ground facility. Therefore he has lowered the release to $66,596.83. Mr. Philips moved to approve Pickering Crossing Escrow Release #28 in the amount of $66,596.83, reducing the amount by $80,499.55. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Budget Items

Interim Budget Review

Mrs. Csete gave a brief review of the budget vs. actual figures for 2016 through July 31st. Overall balances in the Open Space Fund, and Liquid Fuel Funds were slightly favorable and the balance in the General Fund is very favorable. Supervisors complimented Mrs. Csete on her budgetary expertise.

Long Term Project Plan

Mrs. Csete described the plan, first developed this year, to be used as a guide for preparing a more accurate 2017 budget. She described its function as a work product that would streamline the budget process and allow for earlier identification of funding sources such as grants, Act 209 funding and Recreational Fees-in-Lieu.

She stated the committee will meet one more time in September to propose the projects for 2017 for the Board’s approval at budget time.

Other Business

Great Valley Materials

Supervisors discussed concerns over complaints from new residents at Pickering Crossing of noise and odors from the adjacent asphalt plant at all hours. Mr. Kuhn noted that the seller is required to disclose the plant’s operations to prospective buyers, but the language they provide is minimal and doesn’t alert buyers to the extent of the impact.

Mr. Kuhn said he hasn’t seen the decades-old decision that grandfathered the asphalt plant allowing 24 hour operations, and suggested it be made available. Mrs. Csete said she was researching the files to locate the document, which was a zoning hearing board decision in 1977.

There will be an Executive Session after tonight’s meeting to discuss legal matters.

Adjournment

Mr. Piliero adjourned the meeting at 8:45 p.m. The next meeting is scheduled for Tuesday, September 6, 2016, 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, in Malvern, PA 19355.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary