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BOS Minutes 5-22-13 - West Whiteland Township

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111<br />

WEST WHITELAND TOWNSHIP<br />

BOARD OF SUPERVISORS<br />

BUSINESS MEETING<br />

<strong>Minutes</strong> of the Second May Meeting May <strong>22</strong>, 20<strong>13</strong><br />

1. Call to Order.<br />

Chairman Keith Choper called to order the second May business meeting of the <strong>West</strong><br />

<strong>Whiteland</strong> <strong>Township</strong> Board of Supervisors at approximately 6:40 p.m. in the Municipal Building.<br />

Those present besides Mr. Choper were as follows:<br />

Steve Soles<br />

George Turner<br />

Michael Cotter<br />

Pam Gural-Bear<br />

Joe Roscioli<br />

John Weller<br />

Vince Pompo<br />

Vice-Chairman<br />

Member<br />

<strong>Township</strong> Manager<br />

Assistant <strong>Township</strong> Manager<br />

Public Works Director<br />

Planning Director<br />

Solicitor<br />

ANNOUNCEMENTS:<br />

Mr. Choper noted the rules for conduct at public meetings and what constitutes a formal<br />

action by the Board of Supervisors are represented on the back of every meeting agenda. He<br />

further announced that the Board met in executive session prior to the meeting to discuss<br />

matters of litigation and personnel.<br />

The first <strong>West</strong> <strong>Whiteland</strong> Fire and Police Community Day was held on Saturday, May 18<br />

in the parking lot of the <strong>Township</strong> building, 101 Commerce Drive. The Board extended their<br />

thanks and appreciation to the Police and Fire emergency responders and representatives from<br />

the <strong>West</strong> Chester Emergency Response Team for the informative show presented and the<br />

valuable work they do.<br />

The Miller Park Concerts will kick off its 20th anniversary season on June 9 with the<br />

music of Blackthorn. Mr. Choper invited all to attend.<br />

PUBLIC COMMENT:<br />

None.<br />

HEARINGS:<br />

Transfer for Liquor License - Anthony’s Coal Fired Pizza<br />

A hearing was held on the application of Anthony’s Coal Fired Pizza for transfer of liquor<br />

license to the Fairfield Place Shopping Center, 123 Swedesford Road. In attendance for the<br />

applicant was Edward McHugh, Gary Friedberg, attorney for the applicant, and Anthony


112<br />

Board of Supervisors<br />

<strong>Minutes</strong> of Second May Meeting<br />

May <strong>22</strong>, 20<strong>13</strong><br />

Sandstrom, regional manager for Anthony’s Coal Fired Pizza. Testimony was given and a court<br />

reported record was taken by Elaine Parrish, Court Reporter.<br />

A motion was made by Mr. Turner, seconded by Mr. Soles, to enact Resolution 20<strong>13</strong>-20<br />

approving the transfer of Restaurant Liquor License No. R-<strong>13</strong>525 into <strong>West</strong> <strong>Whiteland</strong> <strong>Township</strong><br />

from East Pikeland <strong>Township</strong>, Pennsylvania. Mr. Choper called for public comment and there<br />

were none. The motion was unanimously approved.<br />

Hilltop Crossing Conditional Use<br />

The conditional use application of Turkshead Commercial LLC was to create six new lots<br />

for single family detached dwellings and a new cul-de-sac on a 5.85-acre lot at the southeast<br />

corner of Boot and Copeland School Roads. A draft Decision and Order was discussed. A court<br />

reported record was taken by Court Reporter Elaine Parrish.<br />

A motion was made by Mr. Soles, seconded by Mr. Turner, to approve the conditional<br />

use application of Turks Head Commercial LLC for the proposed Hilltop Crossing residential<br />

subdivision as set forth in the Decision and Order dated May <strong>22</strong>, 20<strong>13</strong>, with the following<br />

amendments:<br />

Condition no. 6-b shall be amended to add "... and the location of the sidewalks shall<br />

be disclosed in all marketing and related sales materials".<br />

Condition no. 10 - the third sentence shall be amended to substitute "Board of<br />

Supervisors" in place of "<strong>Township</strong>’s consultants".<br />

Mr. Choper called for public comment and there were none. The motion was unanimously<br />

approved.<br />

NEW BUSINESS:<br />

4. Batting Cages at Meadowbrook Manor<br />

Tyler Ronayne, of Boy Scout Troop 55, reviewed his proposed Eagle Scout project to<br />

construct batting cages at the Meadowbrook Manor Park. The cages would be available for use<br />

by both the public and Exton Little League. Mr. Turner said that both Exton Little League and<br />

the Meadowbrook Home Owners’ Association approved of the project. In addition, Tyler sent<br />

letters to the residents on Hillside Drive notifying them of the proposed project and asking them<br />

to respond to him with any questions/concerns within 15 days of receipt of the letter. Mr.<br />

Cotter suggested that permits not be issued until confirmation of approval has been received<br />

from the property owners.<br />

Mr. Soles made a motion, seconded by Mr. Turner to approve the Eagle Scout project to<br />

construct batting cages at Meadowbrook Manor Park subject to confirmation that property<br />

owners do not object to the project and its proposed location along the tree line, and if so, the<br />

relocation of the project to a mutually agreed upon area generally within the former sand<br />

volleyball court area. Mr. Choper called for public comment. Mr. Johnston asked who would be<br />

responsible for maintenance of the equipment. The Fields Manager for Exton Little League was<br />

in attendance and confirmed that Exton Little League would maintain the equipment, and an<br />

2.


1<strong>13</strong><br />

Board of Supervisors<br />

<strong>Minutes</strong> of Second May Meeting<br />

May <strong>22</strong>, 20<strong>13</strong><br />

agreement outlining same would be executed between the <strong>Township</strong> and Exton Little League.<br />

There being no further public comment, the motion was unanimously approved.<br />

The Board welcomed Austin Loeliger, of Boy Scout Troop 14, who was in attendance<br />

working toward his Communications Merit Badge.<br />

2. Authorization to Advertise RFP for Planning Consultant - Lincoln/Whitford<br />

Corridor Project<br />

John Weller reviewed his Memorandum dated May 17, 20<strong>13</strong> and provided a background<br />

on the project. He explained that a number of property owners along the Lincoln Highway<br />

Corridor are interested in developing projects that are not accommodated by the current zoning<br />

ordinance or comprehensive plan. In addition, there are a number of vacant lots not being<br />

developed, which would suggest that the current zoning along the highway is not serving the<br />

<strong>Township</strong> well. The <strong>Township</strong> Planning Commission and Staff recommended undertaking a land<br />

use study of the area. The <strong>Township</strong> applied for a received a Vision Partnership grant from the<br />

Chester County Planning Commission (CCPC) in the amount of $43,470.00 to pay for 70% of<br />

the cost of the study. A requirement of the grant is that the <strong>Township</strong> retain the services of a<br />

professional planning consultant within 90 days of notification of the award.<br />

The Board directed that the following modifications be made to the draft RFP:<br />

Expedited process - 6 months vs. 15 months<br />

Flat price<br />

Totally objective planner<br />

Division of the project into phases<br />

Include an analysis of existing conditions, i.e. sewer waste water capacity<br />

State the number of copies of the proposal to be submitted to save the <strong>Township</strong><br />

from making extra copies.<br />

A resident in attendance asked who would pay the difference if the project ran over the<br />

amount of the grant. Mr. Weller explained how the funds received from CCPC would cover 70%<br />

and the <strong>Township</strong> would pay 30% - the amount received from the grant is based on current<br />

pricing in the industry, and the proposal accepted for the project would be one that fit within<br />

the funds allocated for the project.<br />

Mr. Turner made a motion, seconded by Mr. Soles, to authorize the advertisement of the<br />

RFP, with the modifications as noted by the Board members in the discussion above, for a<br />

professional planning consultant meeting the program requirements of the Chester County<br />

Planning Commission Vision Partnership Program to assist in the preparation of a land use study<br />

and plan for the Lincoln Highway and Whitford Road corridors, as outlined in John Weller’s<br />

Memorandum of May 17, 20<strong>13</strong>. Mr. Choper called for public comment and there were none.<br />

The motion was unanimously approved.<br />

3. Creation of Lincoln Highway/Whitford Road Corridor Committee<br />

The Board reviewed John Weller’s Memorandum dated May 17, 20<strong>13</strong> for the creation of<br />

a volunteer Corridor Study Committee ("Committee") to oversee the development of a land use<br />

3


114<br />

Board of Supervisors<br />

<strong>Minutes</strong> of Second May Meeting<br />

May <strong>22</strong>, 20<strong>13</strong><br />

plan for the Lincoln Highway and Whitford Road corridors, in connection with the Vision<br />

Partnership grant received from the Chester County Planning Commission.<br />

The Board was not choosing the volunteers at the present time, but merely identifying<br />

the process by which the volunteers would be recruited. Mr. Cotter suggested handling the<br />

matter similar to the present process for recruitment of volunteers for the <strong>Township</strong><br />

Commissions - have interested persons submit a letter of interest and resume, and then<br />

interview with the Board of Supervisors. A recruitment notice will be placed on the <strong>Township</strong>’s<br />

website, Constant Contacts, and possibly the Daily Local News. The Board is seeking a broad<br />

spectrum of people including both residents and property owners within the <strong>Township</strong>.<br />

Mr. Choper asked for public comment. Mike Malloy, of the Hankin Group, suggested<br />

there be someone with commercial real estate experience who understands the market today;<br />

not someone who has a vested interest in the outcome, but someone who has an<br />

understanding of real estate at the commercial level whether citizen or representative of a<br />

land owner.<br />

N.)<br />

The Board directed the <strong>Township</strong> Manager to draft a notice for recruitment.<br />

OLD BUSINESS:<br />

3. Formal Action on Hazard Mitigation Grant<br />

Pam Gural-Bear’s Memorandum dated May 17, 20<strong>13</strong> was reviewed and discussed.<br />

Mr. Soles made a motion, seconded by Mr. Turner, to authorize the <strong>Township</strong> Manager<br />

to execute the Hazard Mitigation Grant Agreement on behalf of Brian Johnston with the<br />

understanding that no <strong>Township</strong> funds will be used for the completion of this project including<br />

acquisition, demolition and conversion of the property to permanent open space. Mr. Choper<br />

called for public comment and there were none. The motion was unanimously approved.<br />

PLANS:<br />

Collegium Charter School Land Development<br />

Mary Ann Rossi, attorney for the applicant, and Jeremy Maziarz, of Chester Valley<br />

Engineers, were in attendance on behalf of Collegium to answer questions regarding its land<br />

development plan to construct a 19,540 square foot addition to the existing building to be used<br />

for a gymnasium, fitness center, locker rooms, and classrooms for music and art instruction.<br />

John Weller’s Memorandum dated May 17, 20<strong>13</strong> was discussed.<br />

Mr. Soles made a motion, seconded by Mr. Turner, to grant final land development<br />

approval to Collegium Charter School with the conditions as outlined on pages 3 and 4 of John<br />

Weller’s Memorandum dated May 17, 20<strong>13</strong>. Mr. Choper called for public comment and there<br />

were none. The motion was unanimously approved.


115<br />

Board of Supervisors<br />

<strong>Minutes</strong> of Second May Meeting<br />

May <strong>22</strong>, 20<strong>13</strong><br />

MONTHLY REPORTS:<br />

Accounts Payable Warrant Report<br />

A motion was made by Mr. Turner, seconded by Mr. Soles to approve the Accounts<br />

Payable Warrant Report dated May <strong>22</strong>, 20<strong>13</strong>, for check no’s. 51080 - 51140 for a total amount<br />

of $230,217.90. Mr. Choper called for public comment and there were none. The motion was<br />

unanimously approved.<br />

MINUTES:<br />

Approval of <strong>Minutes</strong>: May 8, 20<strong>13</strong><br />

May 16, 20<strong>13</strong><br />

Mr. Choper made an amendment to the May 8, 20<strong>13</strong> minutes, and Mr. Soles made an<br />

amendment to the May 16, 20<strong>13</strong> minutes.<br />

Mr. Soles made a motion, seconded by Mr. Turner, to approve the May 8, 20<strong>13</strong> minutes<br />

and the May 16, 20<strong>13</strong> minutes as amended. Mr. Choper called for public comment and there<br />

were none. The motion was unanimously approved.<br />

OLD BUSINESS: (Continued)<br />

1. Award of Demolition Contract - <strong>22</strong>2 N. Pottstown Pike<br />

Joe Roscioli’s Memorandum dated May 14, 20<strong>13</strong> was reviewed.<br />

Mr. Soles made a motion to award the building demolition at <strong>22</strong>2 North Pottstown Pike<br />

to A. J. Jurich, Inc. in the amount of $79,400 plus the necessary excavation, piling, loading,<br />

hauling, and disposal of any additional contaminated soil inspected by SSM Group at $155 per<br />

ton for a total estimated cost of $91,800 and to authorize the <strong>Township</strong> Manager to execute the<br />

Independent Services Agreement, subject to receipt of any outstanding documentation and the<br />

required Certificate of Insurance. Mr. Choper called for public comment and there were none.<br />

The motion was unanimously approved.<br />

4. Award of Traffic Signal Repair and Maintenance Contract<br />

Mr. Turner made a motion, seconded by Mr. Soles, to reject the bids received and direct<br />

Staff to make modifications as they see appropriate to get a more favorable response. Mr.<br />

Choper called for public comment and there were none. The motion was unanimously<br />

approved.


116<br />

Board of Supervisors<br />

<strong>Minutes</strong> of Second May Meeting<br />

May <strong>22</strong>, 20<strong>13</strong><br />

PLANS: (Continued)<br />

Exton Park Multi-Use Field Parking Lot Plan<br />

John Weller’s Memorandum dated May 17, 20<strong>13</strong> was reviewed and discussed. Mr.<br />

Choper noted that the plan notes referenced "heavy equipment" without a definition.<br />

Mr. Soles made a motion, seconded by Mr. Turner, to grant final land development plan<br />

approval to the plan set titled "Proposed Parking for Multi-Use Field at Exton Park" dated April<br />

4, 20<strong>13</strong>, prepared by Chester Valley Engineers for <strong>West</strong> <strong>Whiteland</strong> <strong>Township</strong>, deleting "heavy<br />

equipment" from Tree Protection Note no. 6, and subject to the waiver of §281-6 of the <strong>West</strong><br />

<strong>Whiteland</strong> <strong>Township</strong> Subdivision and Land Development Ordinance granted by this Board on<br />

January 23, 20<strong>13</strong>. Mr. Choper called for public comment and there were none. The motion<br />

was unanimously approved.<br />

OLD BUSINESS (Continued)<br />

2. Rental Inspection Program<br />

The matter was tabled.<br />

S. Notice of Adoption of Safety Manual<br />

The Board took notice of the adoption of the Safety Manual. Mr. Turner complimented<br />

all who worked on the Manual.<br />

NEW BUSINESS:<br />

1. Resolution 20<strong>13</strong>-21 Disposition of Media<br />

A motion was made by Mr. Soles, seconded by Mr. Turner to enact Resolution 20<strong>13</strong>-21<br />

disposing of one memory card for Board of Supervisors meeting of April 25, 20<strong>13</strong>, and the<br />

reformatting of one memory card for Planning Commission meeting of April 15, 20<strong>13</strong>, and two<br />

mini tapes for Municipal Services Commission meeting of April 9, 20<strong>13</strong>. Mr. Choper called for<br />

public comment and there were none. The motion was unanimously approved.<br />

Adjournment:<br />

The meeting adjourned at approximately 9:00 p.m.<br />

su<br />

Michael A. Cotter<br />

<strong>Township</strong> Manager<br />

N.

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