The first business meeting for April was held April 16, 2012 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.
|Supervisors:||Frank A. Piliero, Chairman, Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, Charles A. Philips, Hugh D. Willig|
|Consultants:||Surender Kohli, P.E., Dan Wright, P.E., Mark P. Thompson, Esq.|
|Staff:||Linda Csete, Manager, Jim Thompson, Roadmaster|
|Public:||See attached list|
Mr. Philips congratulated Mr. Kuhn on his recent efforts to obtain an easement on the Gill property, saying he’s not recognized enough for his open space work.
Mrs. Csete made the following announcements and circulated handouts on each event.
Mr. Kuhn moved to approve the minutes of the March 5, 2012 business meeting, and Mr. Rodgers seconded. Mr. Piliero called for discussion.
Mr. Rodgers asked why over $20,000 was spent to repair the shoulders of Pickering Road. Mr. Thompson said the shoulders had to be restored after washing out. Mr. Kuhn said several of the neighbors were complaining after the hydroseeding was done following paving last year because it never took. Mr. Rodgers said they paid over $18,000 for the engineer to oversee that paving and this repair should have been done properly at that time. Mr. Kuhn agreed. Mr. Thompson said the shoulders had to be built up to get vegetation in place. Mr. Willig said there was a drop off from the edge of the road that was very steep in some places. The seeding fix didn’t work to correct this, and left a dangerous condition that had to be addressed in the Spring. He said the recent correction was the right approach, although he agreed the Board could examine further how this was overlooked at the time of the original paving. Mr. Philips asked if the shoulders were repaired now, and Mr. Thompson said yes, they’re solid. Mr. Philips said they should learn from this for future projects.
Mr. Piliero called the vote. All were in favor.
Mr. Philips moved to approve the March 2012 Treasurer’s Report and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the April 16, 2012 Operating Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.
Mr. Kuhn moved to approve the April 16, 2012 Open Space Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.
Mr. Kuhn moved to accept the March reports as submitted, and Mr. Philips seconded.
Mr. Kuhn said he met with Brightside Farm Manager Alix Coleman today to go over quotes she obtained for constructing a fence around the community gardens. He said she conducted exhaustive research. He circulated pictures of a fence from J-Mar Fencing, which both he and Mrs. Coleman recommend after meeting with the principal today. The posts are made of locust and the fence is vinyl covered. He said the fence is in the $8,700-$8,800 range, but if they opt for a one foot wide rubber mat outside of the fence to prevent invasive plants it would be closer to $10,000. He suggested leaving this decision to Mrs. Coleman.
Mr. Philips asked how many garden plots are in use, and she said about 40.
Mr. Philips moved to accept the J-Mar Fencing proposal to install fencing at the community gardens for a cost not to exceed $10,000.00, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.
Mr. Kuhn said J-Mar can start in about two weeks and will want a 40% down payment.
Mrs. Csete said that the County has now declared a ban on open burning for 30 days beginning April 13th, and the Board could still determine if it wanted to impose its own ban.
Mr. Kuhn moved to impose the burning ban recommended by Fire Marshal Hubbard, to remain in place until further notice, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.
Mr. Piliero called for further discussion on the reports, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to award the following contracts:
Mr. Philips seconded. Mr. Piliero called for discussion. Mr. Kuhn said he discussed the mowing contract with Mrs. Coleman due to her concern that that portion of the mowing contract was high for Brightside Farm and will affect the Farm budget. He said they were awarded the contract since it’s the lowest bid in the aggregate for all areas to be mowed. He noted the Brightside budget can be amended later if necessary.
Mr. Piliero called the vote. All were in favor.
Greg Adelman, Esq. and Kevin McGrath and Amanda Bell of Progressive Insurance were present to seek approval of the final land development plan for Lot 15, 71 General Warren Blvd, Commons @ Great Valley.
Mr. Adelman said they obtained final approval on 2/5/2007 for a claims facility, and circulated a map showing how the facility is tucked back on General Warren Boulevard, backing up to a quarry. He said this approval was for an 18,950 sq. ft. claims facility, which would allow a driver in a damaged car to pull in, have the car inspected by a claims adjuster, and obtain a rental car. The damaged car would be towed off site to a body shop for repair and later returned to the claims center. The owner would return the rental car and pick up his repaired car. He said this plan was put on hold due to the economy, and the present plan is a revised plan.
Mr. Adelman said the revised plan is for an 18,640 sq. ft. facility that will use less area for inspections and more for offices, providing 50-60 jobs instead of 15 as previously. He said there are still the same number of parking spaces proposed, 99. Impervious surface coverage has been reduced 4.5% to now be 31.8% of the site. There will be some restoration of existing paved area.
Mr. Adelman said another major difference in the plan was done to address stormwater regulations passed since 2007. A stormwater management infiltration area was added toward the rear of the property. There is still a basin shown, but now there will be an infiltration area with meadow plantings. Since this is an above ground facility, a waiver is requested. The facilities will still be subject to DEP and County maintenance requirements.
Mr. Wright said the applicant has received its NPDES permit but still needs plan approval from the Valley Forge Sewer Authority.
Mr. Thompson asked if there is an existing stormwater basin, and Mr. Adelman said yes, an above ground basin. Mr. Philips asked how invasive plants would be controlled in the meadow area, and Mr. Adelman said a note requiring routine inspections will be included on the recorded plan. Mr. Wright said they’ll be required to have an inspection from a Professional Engineer annually, and will have to post an escrow to cover the cost. This has been part of the Stormwater Ordinance since 2004 that a report for each stormwater facility must be submitted annually by a P.E.
Mr. Willig asked if all of the parking area is secure, and Mr. Adelman said part of the parking is secure but not all. There are 28 secure spaces and 71 unsecure spaces. Mr. Willig asked if there are future plans to expand the parking, and Mr. Adelman said no.
Mr. Philips asked if there are any issues outstanding from the Planning Commission, and Mr. Adelman said no, they received a recommendation from them.
Mr. Thompson explained the standard for granting a stormwater ordinance waiver, which involves the applicant demonstrating a hardship and the Board determining the waiver wouldn’t create an unreasonable condition. Mr. Philips asked Mr. Wright if he felt the waiver should be approved, and he said yes.
Mr. Philips moved to approve the Preliminary/Final Land Development Plan for the Progressive Casualty Insurance Company last revised 3/9/12 subject to the comments on Mr. Wright’s review letter dated 4/4/2012, provision of a land development agreement, payment of any outstanding review fees and obtaining all necessary permits and approvals from outside agencies. Further, the approval would include a waiver from Stormwater Management Ordinance section 303.D.1 to allow an above ground stormwater facility. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
John Mostoller of DHLP Charlestown was present to seek approval for the Spring Oak Final Plan, noting that the NPDES permit and Planning Module approval remains outstanding.
Mr. Mostoller said one big concern is that future resale residents are made aware of future uses, which is addressed in the Public Offering Statement. He circulated this document and asked for feedback, noting that he went through it with Mr. Allen and Mr. Richter of the Planning Commission last week.
Mr. Philips went through his comments on the Homeowners Association document as follows:
Mr. Piliero asked for board members’ opinions, and Mr. Kuhn said he’s o.k. with having the owner family in the main house and a renter in the flat, to which Mr. Mostoller agreed.
Mr. Philips provided his marked up copy to Mr. Mostoller.
Mr. Thompson referred to Sheet 19 of the Plans that shows the construction sequence. While the construction is not going to be in two phases, he said if the applicant decides to divided it into two phases as part of a finance issue, they’ll need to amend the final plan. Mr. Mostoller said they don’t intend on doing this.
Mr. Thompson said one issue is the location of the PECO meters and cable box locations, which are required by the ordinance to be located in the back of the buildings. There has been some communication between the Township and PECO, which refuses to allow the meters in the backs of the buildings. He said any modification not in compliance with Section 2221.I.2 and 3 will require an amended plan or a variance. Mr. Mostoller said they don’t have an issue with this.
Mr. Willig asked Mr. Mostoller to go through the sequence of construction, which Mr. Mostoller did, starting with the models to be placed near the existing barn that will be converted to a recreation center.
Mr. Willig asked if there are any concerns about Rees Road handling the construction traffic. Mr. Mostoller said Rees Road provides good sight lines and has light traffic in the morning approaching the entrance to Spring Oak. Mr. Willig said the intersection of Blackstone Lane and Rees Road is a 3-way stop, and Mr. Kuhn added it will be a 4-way stop with the Spring Oak entrance. Mr. Mostoller said they’ll use the Whitehorse Road access to some extent. Mr. Kuhn asked if they considered accessing the development from the Fillippo property. Mr. Mostoller said no, but it may provide future access. Mr. Kuhn said there may be no better solution than to use Rees Road, though it may disturb its residents. Mr. Willig said one concern is to keep the road clean of dirt and mud. Mr. Mostoller said they’ll be required by the DEP and township inspectors to keep it clean.
Mr. Philips moved to conditionally approve the Spring Oak Final Plan last revised 12/20/2011 accompanied by supplemental drawings last revised 12/20/2011 subject to the following:
Mr. Rodgers seconded the motion. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Allen asked Mr. Thompson to arrange for trimming of trees along Rees Road near Blackstone Lane.
Jason Honesty, Denise Yarnoff, Esq. and Neal Camens, P.E. were present seeking final plan approval for the addition of a new parking lot at the site plus a revision to the existing lot at Exeter LLC.
Ms. Yarnoff said the plan is to add additional parking to service the existing flex building at 3222 Phoenixville Pike. She said she’s worked with Mr. Thompson on a development agreement that allows for a phased plan. Mr. Thompson agreed, stating there would be four phases.
Mr. Willig asked if there are any tenant prospects, and Ms. Yarnoff said they do have a prospect for Phase I and will need to restripe that section and construct the islands.
Mr. Kuhn asked where the existing loading docks are located, and Ms. Yarnoff pointed them out in back of the building on the plan.
Mr. Kuhn moved to conditionally approve the Final Plan for Exeter 3222 Phoenixville Pike dated 8/17/11 subject to the comments on Mr. Kohli’s review letter dated 8/29/11, Thomas Comitta Associates’ review memorandums dated 8/26/11 and Mr. Stubbe’s review letter dated 7/13/11.Mr. Philips seconded the motion. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.
Mr. Thompson referred to the draft third amendment to the Agreement of Sale of Development Rights for the Thompson property, which the family requests as they need additional time to meet the conditions of the Agreement. Mr. Rodgers moved to approve the extension to the Agreement of Sale Deadline for the Thompson acquisition to May 31, 2012, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips explained that Historical Commission Co-Chair Rosemary Philips is working with Mrs. Csete to apply for a Certified Local Government Certificate. This certification allows the Township to apply for grants it would otherwise not be eligible for.
Mr. Kuhn moved to express support in seeking Certified Local Government Status and to direct Mrs. Philips and Mrs. Csete to complete the application and submit it to the PA Museum and Historical Commission. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Wright said his office has reviewed the permit plans prepared by Wilkinson Associates for the dam project and they are in order. He recommended they be approved by the Supervisors to advertise a bid opening for June 4th.
Mr. Kuhn moved to approve the bid documents for the Dam project at Charlestown Park and advertise for bids to be opened at the June 4, 2012 meeting. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mrs. Csete referred to a letter dated 3/14/2012 from PSATS that requires Board approval of the Plan Document that governs the pension plan based on the specifications in the original resolution starting the plan.
Mr. Kuhn moved to approve Resolution #770-2012 approving the Plan Document for the Charlestown Township Pension Plan. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor. Mr. Thompson cautioned Mrs. Csete to ensure all the parameters are the same as those in the old plan.
Mrs. Csete said she and Fire Marshal Tim Hubbard met with County Emergency officials who helped them update the township’s Emergency Operations Plan. Mr. Rodgers moved to adopt Resolution #771-2012 approving the updated Emergency Operations Plan for Charlestown Township and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to adopt Resolution #772-2012 authorizing the purchase of the Hevner Easement for $320,000 using open space tax funds, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn said the settlement with the French & Pickering Creeks Trust hasn’t been scheduled yet, and there remains an issue on indemnification to work out.
Mr. Philips moved to adopt Resolution #773-2012 to place the Brightside Farm property under easement, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mrs. Csete referred to the proposed budget amendments to the Operating Fund and Open Space Fund circulated to the Board earlier for review. While there is no net change to the Operating Fund Budget, an additional $48,500 is proposed to be expended from the Open Space Fund due to improvements to the community gardens at Brightside Farm and higher engineering costs for the Jenkins subdivision than had been expected.
Mr. Rodgers moved to adopt Resolution #774-2012 approving the proposed amendments to the 2012 Budget and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to adopt Resolution #775-2012 urging the Pennsylvania General Assembly to eliminate or amend the State prevailing Wage Act, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mrs. Csete said the current contract with Benesch & Associates, administered through Kohli & Associates, expired on December 31st. Mr. Kohli previously circulated a proposed agreement for the Board’s consideration this evening.
Mr. Rodgers moved to approve the Inspection Services Agreement with Benesch and Associates for the period of 1/1/2012 – 12/31/2012 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn said he previously circulated the PA Turnpike Buffer Planting Plan prepared by Ed Theurkauf for consideration this evening.
Mr. Philips said there are too many Norway Spruce shown, and Leland Cypress are subject to severe wind damage and only live 20 years. He said these two species take up too many linear feet. Mr. Kuhn suggested that they have Mr. Theurkauf call Mr. Philips to discuss changes to the list. Mr. Philips said he consulted with individuals he knows at Longwood Gardens and with Michael Dirr, a leading author on trees.
Mr. Motel said when the Planning Commission started this project in 2008, they started with small steps planting trees in 2009 after consulting and obtaining approval from the Turnpike Commission to plant in their right of way. They began with container plants as Mr. Theurkauf advised. The ground was hard and in poor condition, and Drew Alleva provided them with top soil. He said for this second step, they wanted conifers to vary the height of the plantings. The primary goal is to screen the turnpike embankment. He said Mr. Theurkauf preferred Norway Spruce to White Pine, and while the Leland Cypress has a shorter life span, it immediately addresses the screening needed of the rock wall. He said they have the dirt and equipment ready for Earth Day, April 21st. They need a donation from a local business for the cost of materials, and the township will have to pay for some labor. Mr. Motel said Mr. Theurkauf has the credentials to make the recommendations in the plan he provided.
Mr. Philips said the Norway Spruce will be 40 feet in diameter and there are too many shown in the plan. Mr. Motel said the goal is to screen the area in the short term and he asked for a bold plan to accomplish this. The East Whiteland Fire Company had watered the plantings in the past and he hoped they would continue to do so. Mr. Kuhn again suggested that Mr. Theurkauf call Mr. Philips tomorrow.
Mr. Kuhn moved to approve the buffer planting plan in the Turnpike Right of Way for a sum not to exceed $10,000.00 and with the understanding that Mr. Theurkauf would consult with Mr. Philips regarding his concerns.
Mr. Motel said they obtain the plants from the Conestoga Nursery, and some lead time is needed. They may do preparation work on Earth Day but will have to postpone some work.
Mr. Rodgers seconded. Mr. Piliero called for discussion. Mr. Thompson asked if the Turnpike Commission asked for any type of agreement, and Mr. Motel said no. Mr. Philips asked if there was a risk PennDOT will destroy some of the plants when installing their Route 29 improvements. Mr. Motel said Rob Prophet, engineer on that project, said PennDOT’s work will only go to the Turnpike right of way. Also, they’ve signed off on the plantings.
Mr. Piliero called the vote, and all were in favor.
Roadmaster Jim Thompson said he worked with Mr. Wright to develop a list of eight roads to be considered for resurfacing this year. Mr. Wright circulated the list that included a preliminary cost estimate after ensuring there would be no problem with cost escalation due to oil prices. He pointed out that an additional 10% was included for engineering costs, which is a typical percentage. He believes they can keep this cost down by using free base plan information from the State. Instead of the $39,284 shown he believes they can keep this to $18,000.
Mr. Wright said he and Mr. Thompson documented the eight proposed roads, and the Supervisors can choose among them. Mr. Thompson said the concrete rolled curb will need to be replaced for Tinkerhill Road. Mr. Wright noted that Buckwalter Road is not too bad yet but has lots of traffic and is a high profile road for the Township. Mr. Thompson pointed out that only a section of that road would be done.
Mr. Kuhn asked if flush curb could be used on Tinkerhill Road instead of rolled curb. Mr. Thompson said the majority of the curb is already rolled curb, and some can be saved.
Mr. Willig asked about the timetable to get the bids out through the time the contract can be awarded. Mr. Wright said he needs to create a set of plans and refine and finalize the cost estimate. Mr. Piliero said all the suggested roads could be bid, and the Supervisors would have the option of selecting which ones to improve if cost became an issue.
Mr. Philips asked for the condition of the Township roads overall. Mr. Thompson said other than the Route 401 side of Valley Hill Road, most roads are good. Mr. Philips noted that with the recent improvement program started in 2011, they’ll be caught up after this year.
Mr. Kuhn said former Roadmaster Fred Alston indicated many of the inlet boxes are collapsing. Mr. Thompson said some are bad and he’s had some patched. He has Mr. Alston’s list.
Mr. Philips said for new developments where the Township takes road dedication, they need to prevent the construction of bad inlets such as those at Charlestown Hunt. He recalled they had to repair those at Hollow Run Farms too. Mr. Thompson added that Three Ponds has settled inlets. Mr. Wright said this should be closely watched during pre-construction meetings and for the inspector to watch the compaction process on inlets. Mr. Willig asked if compaction testing is required. Mr. Wright said it’s required on roads but not inlets. Mr. Kohli said it could be required for inlets as well. Mr. Wright said it’s most important to have their inspector there. Mr. Kuhn asked if inlet boxes are constructed differently now, and various respondents said no.
Mr. Willig asked if the eight roads are listed by priority, and Mr. Wright said no. Mr. Willig suggested they pick a couple of roads to postpone. Mr. Wright said Buckwalter Road is in the best condition. Mr. Thompson said Tinkerhill Road definitely needs to be done. Mr. Philips said there are only a few residents on Dobs and Oak Lanes, but Mr. Thompson said those roads are bad. Mr. Kuhn said they can prioritize the roads when the bids come out.
After more discussion, the Board decided to place this matter on the May 7th agenda when the final cost estimate are ready, and look to advertise the bids for opening June 4th. Mr. Kuhn suggested including a start date in the bid package. Mr. Kohli said a conditional approval can be made at the June 4th meeting by selecting the “lowest qualified bidder.”
Mr. Philips asked if the owner of the Volpi property had secured the historic house as requested, and Mr. Kohli said he’s made some repairs and he’ll re-check to see if more has to be done.
Mr. Motel asked the Supervisors if they saw Rob Prophet’s email from this afternoon requesting a meeting with township officials about some of the materials to be used in the Route 29 improvements in Phase 3. He said they’ll be installing some guardrail next to the upgraded decorative street light poles that the Township may also want to upgrade. If so, a bid amendment could be sent out to include them. He asked if Mr. Wright and one of the Board members could attend a meeting either this Wednesday or Friday at the PennDOT office in King of Prussia. The meeting was tentatively set for Friday, April 20th from noon to 3 pm. Mr. Motel noted that PennDOT will charge for any changes in design.
Mr. Piliero adjourned the meeting at 9:45 p.m. The next business meeting is scheduled for Monday, May 7, 2012, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.