Charlestown Township Board of Supervisors Business Meeting Minutes of May 6, 2019

The first business meeting for May was held May 6, 2019, at the Great Valley Middle School in Room 154, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:00 p.m.

Announcements

There was an executive session before tonight’s meeting to discuss legal matters.

Historical Society President Mr. John Martin announced the following upcoming events:

1. Memorial Day Ceremony at the Revolutionary War Cemetery at 10:00 a.m. May 27.
2. A concert at the Wisner Rapp House adjacent to Brightside Farm on June 20^th at 7:00 p.m. featuring a James Taylor tribute band
3. A second concert on July 11th featuring the Malarkey Brothers. He will be in contact later about fire police, parking, and mowing needs.
4. Charlestown United Methodist Church Pastor Eric Woodworth requests the Township to open the Mill for Heritage Day. Heritage Day will feature local artists, past and present, and will be in October.
5. Wednesday the 8^th, HARB will hold a presentation at the Charlestown Elementary Building in the cafeteria, about circa 1900 cemetery tombstones.

Citizens Forum

Mr. Rubinfield said thank you to the Township Supervisors for supporting the EAC educational event about the Spotted Lanternfly.

Mr. Barry DeSantis was present to address the Board about various concerns of Spring Oak residents, after finding out from Mr. Filippo that no additional access roads were planned. With regard to traffic and emergency access concerns, Mr. Wright said the approved plan shows two road connections from Spring Oak to Devault Village. All construction vehicles will access DVSO only through a separate construction access drive that connects to Rees Road.

Comments were as follows:

1. The traffic per Mr. DeSantis is already quite heavy, yet an additional 80 homes are not yet built and an additional 73 homes are planned for Devault Village.
2. Mr. Ferguson was concerned about emergency vehicles navigating the streets.
3. Mr. Hubbard responded to Mr. Ferguson’s question and stated that the parameters of the firetruck (45 ½ feet long) were taken into consideration and also bussing was adequately accessible due to the attention to detail in the engineering and planning process.
4. In response to 1 & 2, Mr. Wright said the overall planning, and traffic planning, was done to Township and PennDOT standards. When Devault Village was added, an upgraded study was done, and it did not warrant more improvements. Supervisors or the Township Engineer cannot at this time, following final approval, dictate additional access roads. However, an additional connector road between Whitehorse Road and Spring Oak may be possible in the future if and when the adjacent packing plant property is redeveloped.
5. A suggestion for an additional road was discussed. Rees Road will allow for construction access directly to Devault Village, so that construction vehicles will not go through Spring Oak. But it isn’t a good second permanent access road due to sight distance being poor for non-construction vehicles and the absence of construction signage.
6. Boulders keep damage down in the Spring Oak circle until the final paving is done and it is aesthetically finished. 5 more feet of pavers will be added providing additional clearance for emergency and other large vehicles if needed.
7. Quigley Drive, since it is a straight through road, needs speed calming devices per Mr. DeSantis. Mr. Wright explained the guidelines of TND style road; in the future the HOA may suggest a stop sign or speed bump.
8. Mr. Charles Tripp was concerned about only having one way in and out for emergency services, but Mr. Wright said that state roads mandate a traffic study, and compliance with the study results was met. Mr. Hubbard explained how the emergency management command structure would stage resources and manage access to the community in the event of an emergency. Mr. Wright indicated that the Township has several communities larger than Spring Oak with two points of access and this has proven to be sufficient both from a traffic and emergency access perspective.
9. The dedication of just Spring Oak Drive and part of Quigley was discussed in regards to school buses.
10. Speeding in the alleys was discussed by both residents and commercial vehicles like Fed Ex. A resident requested that speed limits should be lowered in alleys. Mr. Kuhn commented that alleys should only be accessed by residents, and that residents should complaint to Fed Ex if this is occurring. Speed limits on private roads are not set by the Township.
11. The Township has just purchased a speed enforcement radar sign.
12. Street parking is not allowed, since there are pull-offs and designated over-flow parking zones. But residents say people park along the roads regardless, and they are concerned that emergency vehicles can’t have access. The street parking problem may need policing that could be employed in Spring Oak if requested by the HOA.
13. One of the homeowners asked whether a road could be extended from Major John Way on the DVSO plan and connected to a new road in a future development on the Devault Foods property. This new road configuration would provide a way for the homeowners in DVSO to access Whitehorse Road without having to drive through the Spring Oak development. Mr. Wright said that could potentially be done, but the DVSO HOA would have to get approval from the Township with a revised Final Plan.
14. Finally, Mr. DeSantis told the Board his next step may be to talk to JP Orleans about using a lot for an access road onto Rees Road, one with good sight distance. Then, he plans on returning to the Board for speed controls.
15. Mr. DeSantis was told to check back with the Township Manager after speaking with JP Orleans.

Approvals

April 1, 2019 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes for the April 1 2019 Business Meeting, and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report April 1 – 30, 2019

Mr. Kuhn moved to approve the April 2019 Treasurer’s Report and Mr. Piliero seconded. Mr. Piliero called the vote, and all were in favor.

Accounts Payable Report for the Operating Fund May 6, 2019

Mr. Philips moved to approve the Operating Fund Accounts Payable Report for May 6, 2019 and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report May 6, 2019 Liquid Fuels Fund

Mr. Kuhn moved to approve the Liquid Fuels Fund Accounts Payable Report for May 6, 2019 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report May 6, 2019 Capital Improvements – General Fund

Mr. Kuhn moved to approve the Capital Improvements - General Fund Accounts Payable Report for May 6, 2019 and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Kuhn moved to accept the April 2019 reports #1-14 as submitted and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Presentation – Phoenixville Green Team

Mr. Mark Connolly of the Phoenixville Green Team gave a PowerPoint presentation on “Ready for 100%”. This program encourages municipalities to (a) pass a resolution committing to purchasing energy from all green sources by 2035 and to include transportation by 2050, and (b) to promote and regulate towards 100% Township resident compliance.

Mr. Connolly and Paula Kline discussed a transfer from fossil fuels to renewable energy like wind, sun, hydro, and geo-thermal energies. They gave tools and procedures to reduce demand.

Mr. Philips discussed the Township’s commitment and steps already taken to reduce consumption by reducing development and preserving Open Space. By eliminating over 750 single family homes, the township saved the school district from needing a new school with the associated impervious coverage and transportation impacts. The Township has also passed solar and wind ordinances in order to encourage their use. Mr. Connolly had additional recommendations in the form of resolutions for the Township that local municipalities and the County are considering or have enacted. He further proposed commitment, planning and action. His first step was a suggestion for a resolution of commitment. Mr. Philips thought this would be a matter to be discussed by the PC. He discussed a simpler, more direct way to progress in the same direction. Commitment for Mr. Philips, to all the proposed ideas, involved choice and cost. Mr. Kuhn discussed the difficulty the Township has had, proactively trying to mandate green building standards, and associated code issues.

Mr. Connolly said community solar is the next issue for Charlestown Township. It is a new mechanism that allows any roof to have a grid, and can transfer the power to other people. He is willing to help draft an ordinance for the Township.

A resident pressed the Board, asking if they were “in” for 100% renewable energy. He felt it was the responsibility of the Township to promote going green 100% and set an example. Some Supervisors felt commitment was first needed at the state and federal level since the Township does not have authority to dictate resident choices and green building standards.

Supervisors discussed reviewing a draft resolution to commit to 100% renewable energy. The draft will be reviewed by the PC and Mr. Thompson. The draft will be on the website after Mr. Thompson reviews it but before the vote. The item was tabled.

Old Business - None

New Business

Request for Waiver of Permit Penalty Charge [Precision Contracting Services LLC]

Precision Contracting Services requested a waiver of the penalty charge for starting a project without a permit. The company sent a letter explaining that they mistakenly thought the property was in East Whiteland Township, and called that township to see if a permit was required for that address and was told no permit was needed. East Whiteland Township had temporary office help answering the call and the wrong information was provided.

Mr. Kuhn moved to waive the penalty charge for this permit and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Zoning Hearing Board Application Overview

Mr. Michael Gill, of Buckley Brion, LLP, gave an overview of Ms. Janet Rubino’s Zoning Hearing Board Application for a variance for her property at 3269 Blackberry Lane. Ms. Rubino wants Board recommendation to permit the use of a separate dwelling space above the garage, and an addition to a non-conforming home due to setback encroachment. The home is described as functionally obsolete by Mr. Gill, being a 20^th century structure, built close to a road. The rest of the property will stay as is, but the square footage will increase from 1751 to 3251. The increase of the square footage is greater than 50% of the existing home. The non-conformity is only due to the setback. Therefore, the Board supported the application for a variance.

Appointment of Parks & Recreation Member

Mrs. Csete said the Parks & Recreation Board was seeking a replacement for long time member Sue Staas, who has moved from the Township. They recommended Dan Mount to fill her unexpired term.

Mr. Kuhn moved to appoint Dan Mount to the unexpired term on the Parks & Recreation Board ending 12/31/2020, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Open Bids for 2019 Paving Project]

The following bids were received by the Township Office for the 2019 Road Paving Project.

Dan Malloy Paving	$167,131
Charlestown Paving & Excavating Inc.	$197,808
Cedar Springs	$248,494

The bids, which did not include materials, were turned over to Mr. Wright for review and recommendation prior to the bid award at the June 3rd meeting. The Township’s estimated bid amount was $236,000.

Decision & Order – Andersen Conditional Use Application

Mr. Thompson reviewed the proposed conditions for the approval of the Andersen Conditional Use Application to permit a conventional lot subdivision at 23 Eastwick Drive. A summary of the conditions is below. However, the final 3 conditions were discussed by Mr. Thompson and Ms. McLean at length. Mr. Thompson taking the position that although the current driveway easement suggests it is permitted, and acknowledges that there can be a subdivision, it does not provide for it. Mr. Thompson requires a revised easement document and requests that Ms. McLean obtain new signatures by the residents accepting the amendments.

Proposed conditions included:

1. Compliance with terms of Zoning Ordinance.
2. The approval is for what was shown at the Conditional Use Hearing.
3. Compliance with consultant review letters
4. The Applicant shall express agreement with these conditions.
5. Eastwick Road driveway easement is required containing compliance and improvement wording and conditions.
6. Stormwater management for Eastwick and Church Road must be completed at the intersections, subject to the approval of Mr. Wright and PennDOT.
7. Before recommendation, there needs to be a signed amended private drive easement agreement for Eastwick Drive allowing the 4^th lot access.

Ms. McLean, although not in agreement with items 5-7 will comply. The property may come before the Board again if there is a change or Ms. McLean cannot obtain all signatures. Mr. Thompson will send a new draft to Mrs. Csete for signatures.

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

Resolution Revising the Official Plan to incorporate the Act 537 Special Study for the Valley Creek Trunk Sewer System

Mr. Kuhn moved to adopt Resolution #943-2019 adopting the facility plan outlined in the Act 537 Special Study for the Valley Creek Trunk Sewer System as a revision to the Charlestown Township Official Plan, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Proposals for Office Computer and Software Upgrades

Mrs. Csete said that since support for Windows 7 is ending in early 2020, the three office computers should be replaced with updated Windows 10. She obtained proposals from InterMedia Group Inc. to provide all necessary hardware, software and support for a total of $6,162.22.

Mr. Kuhn moved to approve proposal #12150 and 12149 to replace the 3 office computers, and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Appointment of Traffic Planning Consultant

Mrs. Csete said a subcommittee including Mr. Philips, Planning Commissioners Mr. Motel and Ms. Leland, and herself, met with representatives from two of the three traffic engineering firms to which a request for proposal was issued. The Board will appoint a traffic planner to work with the Township on various traffic issues and upgrades.

Traffic Planning & Design Inc., and McCormick Taylor had responded to the request, and McMahon Associates did not respond.

Following the interviews, the subcommittee found both firms to be suitable for the position but felt that Traffic Planning & Design Inc. was preferred due to their familiarity with the majority of signalized intersections in the Township, and past work experience with them. They recommended them for the appointment.

Mr. Philips moved to approve Traffic Planning & Design, Inc. as traffic planner for the Township, and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Resolution to Amend Budget

Mrs. Csete provided details on the spreadsheet she prepared dated 4/26/19, proposing amendments to the 2019 Budget. Adjustments were made to the carryover figures for the General Fund and Open Space Fund to reflect the actual year-end balances from 2018.

The carryover to 2019 for the general fund was decreased by $40,236.00 after all adjustments were made, primarily due to a new expense added for initiating an extensive document scanning program for the Township records. The reduced carryover is at 22%, still well within the 15-25% target range.

The carryover to 2019 for the Open Space fund increased $759,649, primarily due to the sale of the Auchincloss house that had been included in the previous budget but not in the 2019 budget. Additional costs in the amount of $30,808 were due to an increase in expected costs for Brightside Community garden fencing, the conclusion of signage improvements at Charlestown Mill, and the omission of a finance fee for the 2015 bond series.

Mr. Kuhn moved to adopt Resolution #944-19 amending the 2019 Budget as proposed, and Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Cedar Run Escrow Release #8

Mr. Wright gave a brief overview of the release details. The two basins on Rees Road and the pool of water at Whitehorse and Spring Oak are being monitored. The amount of $4,158.72 was held back from the requested release.

Mr. Philips moved to approve Escrow Release #8 for Cedar Run in the amount of $49,845.28, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Philips mentioned 4 things.

1. He asked Mr. Wright about the status of a property on route 401, hat has moved earth and appears to be a construction site. No permit has been obtained. The property owner is proving hard to contact, but Mr. Wright is drafting a letter about non-allowable operations in the FR district.
2. He asked Mr. Wright about the status of a property on Aldham Road. This property owner will also be getting a letter. This letter will fall under the Nuisance part of the ordinance. Mrs. Csete has already received a complaint by someone visiting the Township Office.
3. Mr. Philips stated that the PC is almost through the review of Conditional use Standards and Criteria list and it will be ready for Board review soon.
4. Mr. Philips noted the PC has restricted Phoenixville Pike from having solar farms.

Adjournment

Mr. Piliero adjourned the meeting at 9:30 p.m. The next Board of Supervisors Meeting is scheduled for Monday, June 3, 2019, 7:00 p.m. at Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.