Charlestown Township
Board of Supervisors Business Meeting
Minutes of December 4, 2017

The first business meeting for December was held December 4, 2017 at the Great Valley Middle School in the Library, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Supervisors:
Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Michael J. Rodgers, Kevin R. Kuhn, and Hugh D. Willig.
Consultants:
Mark P. Thompson, Esq., Daniel T. Wright, Robert Dettore, and Edward Theurkauf.
Staff:
Linda Csete, Manager, Tim Hubbard, Public Safety & Parks Coordinator, Jim Thompson, Public Works, and Lisa Gardner, Recording Secretary.

Call to Order:

7:00 p.m.

Announcements

Mrs. Csete announced that Emergency Operations Coordinator, Mr. Tim Hubbard led the volunteer Charlestown EOC in the biennial drill on November 14th. This drill included various municipalities in Chester, Bucks, and Montgomery Counties. This year Charlestown underwent a full evaluation with representatives present from FEMA (federal) and PEMA (state) to review the Township’s performance. She and Mr. Kuhn said Mr. Hubbard did a fantastic job handling the incoming communications and relaying data back to the County E.O.C. as prompted. Mrs. Csete thanked all those who are volunteers and participated in the drill: Robin and Linda Kohn, Karen Schlichter, George Csete, and Kevin Kuhn.

Citizens Forum

No matters were brought forward.

Approvals

November 6, 2017 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the November 6, 2017 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 November 1 – 30, 2017

Mr. Rodgers moved to approve the December 2017 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 December 4, 2017

Mr. Rodgers moved to approve the General Fund Accounts Payable Report for December 4, 2017 and Mr. Kuhn 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 December 4, 2017

Mr. Philips moved to approve the Open Space Fund Accounts Payable Report for December 4, 2017 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 December 2017 reports #1-13 as submitted and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

GreenWeaver Landscapes, LLC – Maintenance Proposal for 2018

Discussion continued from the October 2nd meeting, on the proposal by GreenWeaver Landscapes LLC for 2018 maintenance of the meadows at the Devault Gateway. Mr. Theurkauf discussed the following points.

  1. Meadow maintenance will be at a rate of $85.00 per hour not to exceed 5 hours for one visit per month from April through November, for selective eradication, at a maximum cost of $4,000 a year.
  2. The requested estimate of maintaining the area as a typical mown basin was $5000.
  3. Therefore from a cost perspective the meadow is less expensive.
  4. The Board can always change back to a mown area if the area proves too difficult to maintain as a meadow.
  5. The species should not require watering except if there is a drought. Mr. Nichols will advise Mr. Theurkauf if he thinks the trees require watering.

Mr. Kuhn moved to accept the $3,400 landscaping proposal from GreenWeaver Landscapes LLC dated 8/24/17 for the Devault Gateway Basin Area for 2018, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Project Updates by Mr. Detorre

Brightside Farm Walking Trail & Parking Lot
Charlestown Mill Lighting & Signage
Charlestown Park South Parking Lot
New Municipal Building Study

The first part of the study is expected by the end of February. The initial draft, per Mr. Detorre suggests a 6000-7000 square foot facility. There are two variables to consider.

  1. Public meeting space needs.
  2. A Township and community meeting space
  3. Voting space for a primary vs. a presidential election
  4. Location - a site map was distributed of Charlestown Park.
  5. Organizational needs of clubs etc. that use the Charlestown Township Park.
  6. Beulah Heights Street would need to be reopened since a likely spot is at Southwest Avenue and Beulah Heights.

Four other sites will be considered. Each site will be accessed and a financial baseline will be presented to Supervisors. Mr. Philips wants any proposed Township building to be centrally located and is not in favor of it being at the Park.

Pickering Creek Bridge

Mr. Detorre said Mr. Hubbard is coordinating the wash down of the bridge with the Kimberton Fire Company.

New Business

Phoenixville Area Soccer Club (PASC) Request for Approval of Park Improvements

Mr. Brian Schlorff from the Phoenixville Area Soccer Club (PASC) presented two improvements the club is proposing and funding at Charlestown Park.

  1. Field maintenance - They would like to perform top dressing and over-seeding. This would last about 5-7 years and cost the organization approximately $20,000. They want to start soon since the club begins again in April 2018. They may need fencing to protect the project, but generally the goals are taken away and no one uses them off season.
  2. Rebound wall - They would like to build a 9’ vertical wall to simulate a goal near the snack stand.

Mr. Schlorff is to contact Mr. Wright, but was given the approval to proceed with both projects.

Thompson Final Plan – Discussion & Update

Mr. Ben Thompson was present to discuss an approved Preliminary Plan with new revisions for the Thompson subdivision for 23 building lots on 200 acres. He displayed the Preliminary Plan and a new alternate concept and reacquainted the Board with the project.

Features:

  1. Base plan with golf course
  2. Conservation Easement.
  3. The scenic, residential, and agricultural sections.
  4. Building lots 6 and 19 being moved to create 4 lots along the golf course.
  5. Access off of Mine Road, equestrian and trail connectivity, with shared driveway, and improved first responder access.
  6. If the golf course ceases to exist, the land will be divided into 3 large lots.

This alternate plan preserves the golf course, better addresses the non-conformance, and helps Mr. Thompson, since he is allowed 19 lots (per the conservation easement). Soil testing is scheduled in ten days. The next step is to return to the Planning Commission with this alternative version.

Devault Village at Spring Oak – Review of Proposed Final Plan Conditions

Mr. John Mostoller and Mr. Jason Engelhardt, P.E., were present to discuss their letter dated December 4th, 2017 and review proposed Final Plan conditions for the Devault Village at the Spring Oak TND development. They displayed the Devault Village at Spring Oak Garage Location Exhibit (EX-1).

After receiving the recommendation from the Planning Commission in September 2016, three points were left open. Tonight Mr. Mostoller told the Board that the first two points were satisfied.

1-The garage locations were defined.

2-An Impervious surface chart was completed and will be on the Final Plan.

Tonight they want to discuss Conditional Final Plan approval so that they can attract a builder, once they complete an (approved) Design Manual. The builder would then get secondary approval. The Board was concerned about building massing and architecture of Devault Village.

Mr. Mostoller said the builder will need to adhere to the Design Manual that the Township will review for approval. There will be a pattern book, with preapproved options by Frens & Frens LLC, for impervious coverage changes, garages, color choices, elevations, 4 or 5 exterior size classifications, size conditions, etc. Mr. Mostoller described how each lot had an impervious limit, and models vs. Design Manual limitations.

Mr. Mostoller wants to attract a builder, so he needs some flexibility after approval.

The builder needs to be confident he can get architectural approval plus test fit a plan.

The Board was concerned about massing of characteristics, but Mr. Mostoller said it was dictated in item #1.

The Board was concerned about the size of the units and impervious coverage variations but Mr. Mostoller said the chart mentioned in item #2 sets limits.

The Board wants an agreement that prevents future legal issues.

Mr. Wright suggested Mr. Mostoller produce an intention for the Plan with some flexibility to fit out, and then the DRC has final say. The Board discussed further refinement of Mr. Wright’s suggestion. Mr. Mostoller said he would meet with builder before the contract was signed, with the Manual, to specify what the Township allows in the approved building envelope. The builder can modify product types and proceed to the DRC, then the Board, to approve any changes.

Next, Mr. Mostoller will bring the completed Design Manual to the Board in February.

Award Bid for Sale of Auchincloss parcels

Mr. Thompson stated a $600,000 bid was received for the Auchincloss parcel.

Mr. Philips moved to reject the bid. Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Discussion on Short Term Home Rentals

Mr. Philips asked for discussion on whether to consider an ordinance regulating short term home rentals in the Township, such as Airbnb or similar service. Mr. Thompson discussed two Pennsylvania cases and said an ordinance could protect residents from the problems arising from this type of use.

Currently the Zoning Ordinance for Accessory Uses (27-168) addresses a more long-term rental situation. Mr. Thompson suggested some definitions or requirements to qualify a property for short-term rental such as:

(1) The rental must be the owner’s principal residence.

(2) The name on the permit must be the same as the name on the deed.

(3) The owner must verify the number and location of smoke and carbon monoxide detectors.

(4) Consider regulations like Conditional Use or permitting requirements to ensure safety.

(5) Consider which zoning districts should permit these types of rentals.

(6) Minimal acreage considerations.

Mr. Wright said he was beginning to get inquiries about Airbnb’s and needed some guidelines. Mr. Thompson stated that it would be wise to have owners register and be permitted by the Township, but that violations also needed to be established. The Board will have the Planning Commission pursue drafting an ordinance with Mr. Thompson.

Mini Casinos

Mr. Philips discussed the need for language to prevent mini-casinos within the Township.

Mr. Kuhn moved to approve Resolution #895-2017 prohibiting the location of a category 4 licensed facility with the Township, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Dispose of Records in Accordance with Records Retention Schedule

Mrs. Csete read aloud a list of files being destroyed.

Mr. Philips moved to approve Resolution #896-2017 authorizing the disposal of records as described within, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Tax Levy Resolution for 2018

Mrs. Csete read aloud the Tax Levy Resolution. Supervisors noted the proposed real estate millage (.75 for the last 13 years), Local Services Tax, Real Estate Transfer Tax, and Earned Income Tax for 2018, will all remain the same as in 2017.

Mr. Kuhn moved to approve Resolution #897-2017 setting the taxes for 2018, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Adopt 2018 Budget

The Board reviewed the proposed budget materials at a meeting on October 24, 2017. Input had been received from the Chairs of the various boards, commissions and committees.

Mr. Philips moved to approve Resolution #898-2017 adopting the Budget for 2018 as drafted on October 24, 2017 and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Schedule and Authorize Advertisement for Reorganization Meeting

Mr. Piliero moved to approve the advertising of the Reorganization Meeting and first business meeting for January, to be held Tuesday, January 2, 2018, 7:00 p.m. at the Great Valley Middle School, room 154, 255 Phoenixville Pike, Malvern PA. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Escrow Release #5 Cedar Run and #5 for Spring Oak Phase III

Mr. Wright assured Supervisors that everything was in order.

Mr. Rodgers moved to approve the Cedar Run Escrow Release #5 in the amount of $69,929.57 and to approve Spring Oak Phase III Escrow Release #5 in the amount of $48,472.00. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Philips discussed the Chester County Planning Commission estimated Township growth figures.

There will be an executive session after tonight’s meeting to discuss legal matters.

Adjournment

Mr. Piliero adjourned the meeting at 9:30 p.m. The Reorganization and next Business Meeting is scheduled for Tuesday, January 2, 2018, 7:00 p.m. at the Great Valley Middle School Library, 255 N. Phoenixville Pike, in Malvern, PA 19355.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary