Charlestown Township Board of Supervisors Business Meeting Minutes of May 1, 2017

The first business meeting for May was held May 1, 2017 at the Great Valley Middle School in the Choral Room, #154, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:00 p.m.

Announcements

Mrs. Csete made three announcements.

The Board of Supervisors held an Executive Session on April 3, following the business meeting, and before tonight’s May 1st meeting, to discuss legal matters.

The 12^th Annual Earth Day Event on Saturday had a great turnout, with both individual residents and groups including the Planning Commission, Trout Unlimited, two scout troops, and the Great Valley Mountain Bike Team turning out to help clean up our roads, parks and stream sides.

PA State Representative Duane Milne’s Annual Recycling and Shredding Event is taking place at Great Valley Penn State Campus this Saturday from 9 am to noon.

Citizens Forum

Lieutenant Donahue of the PA State Police introduced himself as the new commander of the Embreeville Barracks. He reported two recent unrelated burglaries, with most calls due to automobile accidents or false alarms.

Members from the Pickering Crossing Development were in attendance to obtain the Township’s answers to 5 questions stemming from the neighboring Allan Myers Devault Asphalt Plant. Mr. Robertson and Mr. Wattamwar wished to discuss the following:

1. There has been no action since their initial questions in the spring of 2016.
2. There has been no action on the decibel readings, higher than the Zoning Ordinance allows, that have been reported to Mr. Wright.
3. There has been no Township response to the higher level of output, and therefore noise, that takes place when the plant goes into a high production cycle.
4. Is there a height limit to the asphalt pile?
5. What is the Township doing to help the residents of this development?

Mr. Thompson, Mr. Wright, and Supervisors responded:

• The Township takes all complaints very seriously.
• The Township enforces the noise ordinance found in the Zoning Ordinance. Mr. Wright is investigating.
• When the developer planned this land use, he chose homes over offices.
• Mr. Thompson is researching what the Township has as law. He is finding out what needs to be done to produce criteria or qualified expert witnesses, and how to prove the plant is in violation of an ordinance.
• The Township is reviewing its own ordinances as resources.
• The Board has also noticed that there seems to be peak production hours at the plant.
• The Township has asked the company for proof of a permit to operate at a 24/7 schedule.
• The State of PA can regulate certain land uses. Approximately 20 years ago, the plant suggested that if they were working on PennDOT contracts, they superseded any Township regulations.
• If the plant is under the Zoning Ordinance, then the Township needs to prove the noise is above 75dB from 7 pm to 7am.
• The plant has 10 days left to respond to the Township’s letter dated April 12, 2017 regarding zoning and nuisance statutes.
• The Township will update homeowners. They are to provide Mrs. Csete with contact information.
• Mr. Thompson told the homeowners that it was not a clear or simple case where a citation or ticket would solve their concerns.
• Mr. Robertson and Mr. Wattamwar, and the residents from Pickering Crossing, should not expect a quick end to the noise and vibration problems coming from the plant.

April 3, 2017 Business Meeting Minutes

Mr. Rodgers moved to approve the minutes for the April 3, 2017 Business Meeting and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report April 1 – 30, 2017

Mr. Philips moved to approve the April 2017 Treasurer’s Report and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for May 1, 2017

Mr. Philips moved to approve the General Fund Accounts Payable Report for May 1, 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 May 1, 2017

Mr. Rodgers moved to approve the Open Space Fund Accounts Payable Report for May 1, 2017 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Kuhn had one request. He asked Mr. Hubbard to check on a brief beep from the Limerick siren that sounded instead of the usual longer siren.

Mr. Kuhn moved to accept the April 2017 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.

Hearing

Andersen Conditional Use Application

Mr. Thompson opened the hearing; the proceedings were taken by Mr. Mark Hagerty, Court Reporter. The Andersens wish to obtain a Conditional Use at 23 Eastwick Drive. Mr. MacKay told the Board that the Andersens want to remove an existing driveway that only goes to their home, and construct a new driveway that serves the barn and home. The new driveway would be within 2 feet of high ground water elevation (Section 1104.2.B.1). This is the reason for the Conditional Use hearing. The Andersens also own an adjacent lot. It is a smaller parcel (2.23 acres) that is not developed and does not have a driveway access.

Mr. Thompson entered the following exhibits:

B1-Application #CU-17-01

B2-Public Notice

B-3 Proof of Publication

Proof of Notification to the surrounding neighbors within 250 feet in attendance was to be Exhibit B4, however Mr. Andersen did not have these required documents.

Therefore, the hearing was continued to June 5, 2017 at 7:00 p.m. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA, Room 154.

Old Business –

none

New Business

Charlestown Day Update

Mrs. Csete announced that September 16^th is the next Charlestown Day. Mrs. Schlichter will update Supervisors in June or July.

Appointment to Design Review Committee

Mr. Thompson verified that Mr. Comitta could not be the Planning Commission member for the HARB Committee. Mr. Willig and Mr. Kuhn both attempted to discuss the HARB’s meeting time, being somewhat difficult to attend at a 4pm time slot. Mr. Philips said that the time of the meeting would not change.

Since Mr. Allen will no longer serve on the Design Review Committee, Mr. Richter, from the Planning Commission, volunteered to be the representative on the DRC. Mr. Kuhn moved to appoint Mr. Richter to the DRC and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Annual MS-4 Report

Mr. Wright provided an overview of the MS-4 (Municipal Separate Storm System) Engineer’s Report for the 14^th year, ending March 9, 2017. Mr. Wright told Supervisors that the Township will need to consider funding compliance measures for the next report in 2019.

Valley Creek in Charlestown Township has tested high in silt content and the DEP is requiring a 10% reduction effort. The new permit will require the delineation of the drainage area to each storm sewer system controlled by the Township within the urbanized area that is located within a watershed impaired for siltation or nutrient impairment. This will affect the southern portion of the Township that drains to both Valley Creeks since they are impaired for siltation.

Best Management Practices will need to be put into action by all stream side farmers, builders, etc. The DEP provides a suggestion or theoretical improvement plan for municipalities to adopt involving a park alongside the stream. However, Mr. Wright said the layout does not fit well with Charlestown Township. But, he has the tools, criteria, and methodologies to plan a course of action to lower the silt level. Mrs. Carol Armstrong offered her help in forming potential solutions.

Discuss Signal at Route 401 and Valley Hill Road

Mrs. Csete stated that State Representative Duane Milne’s office has been in touch with her regarding the need for lane widening and signal improvements at the Route 401 (Conestoga Road) and Valley Hill Road intersection. The cost of the upgrade is estimated at $350,000 - $500,000, with the possibility of obtaining an 80% grant from the Green Light Go Program.

One prerequisite of the grant application is that the project be listed on the DVRPC’s Traffic Improvement Project Inventory (TIP) list. The instructions on how to get on the TIP list actually say the process is not easy. She suggested that if the Supervisors were interested in pursuing the grant, a traffic consultant be engaged to assist in the process. She suggested the Board authorize her to obtain a proposal from Traffic Planning & Design if they wish to move forward.

Mr. Kuhn said to contact Mr. Milne’s office and indicate the Township would consider covering the 20% balance of the improvement. He suggested she ask Representative Milne to please forward the studies that provided evidence of the problem at the intersection. Supervisors remember that previous suggested plans involved land that would need to be taken.

Ratify Listing Agreement for Sale of Auchincloss Property

Mr. Thompson stated that a resolution was adopted at the April meeting authorizing the sale of the Auchincloss property and directing him to finalize the agreement with realtor Ms. Cynthia Thompson Ilaqua. Mrs. Ilaqua will receive 5% of an estimated 2.2 million for the 2 properties. Mrs. Csete was instructed to advertise for acceptance of bids at the end of June. If there are no bids, the relationship with the realtor ends, and the process will start over. Further details of the agreement were discussed. The buyer will have 90 days to consummate the agreement (s). They can be sold separately.

Mr. Philips moved to ratify and execute the listing agreement, and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Discussion:

Speed Humps for Benburb and Marian Roads

The Roadmaster discussed the possible need for Benburb Road speed humps. He has posted “Children at Play” signs and has exhausted ways for slowing or reducing traffic near the intersection of Charlestown and Coldstream Roads.

Mrs. Csete said that specific procedures must be followed if speed humps are constructed to ensure the roads are still eligible for state Liquid Fuel Funds. Mr. Rodgers suggested portable speed humps.

The Roadmaster’s first step is to contact PennDOT and request that they lift the curb at the intersection of Charlestown and Coldstream Roads in front of the former Stables Bar. This may reduce the number of motorists using Benburb Road as a shortcut so speed humps would be unnecessary. Hopefully this will begin a dialogue to improve the conditions near Benburb, Coldstream, and Charlestown Roads.

Approve Updated Historical Resources Map

Mr. Philips said he and Mrs. Rosemary Philips worked with Mr. Comitta to provide 5 updates for the Historic Resources Map. It is an appendix to the Historic Resources Protection Ordinance and has to be approved by the Board when there are changes.

1. A pink dot has been added to the Legend, to signify Demolished Structures. Sites 9, 63, 68, and 70 have been converted from green to pink.
2. Previous site R-7, noting Historic Building Ruins, has been removed.
3. Site number 87A has been added in green, and site 87 has moved slightly to the north.
4. Site number 153 has been added in green, in Charlestown Village.
5. The lot enveloping sites 147 and 153 has been added.

Mr. Kuhn moved to approve the amended Historic Resources Map dated April 28, 2017, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. Mr. Thompson will confirm whether a zoning ordinance amendment is needed since the map is an appendix to the historic resources protection ordinance.

Review Bid Specs for Charlestown Mill Lighting Fixtures

Mr. Philips referred to the Lighting Fixture Specs dated March 2017 provided by Interpretive Solutions to be used in preparing the bid package for the Mill lighting project.

Mr. Kuhn moved to accept the bid specs for use in preparing the bid package for the Charlestown Mill lighting project, and authorized advertising. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Open Bids – 2017 Road Paving Project

The following bids were received by the Township Office for the 2017 Road Paving Project.

Charlestown Paving & Excavating Inc.	$197,423.80
Cedar Springs Construction Co.	$161,174.00
Innovative Construction Services, Inc.	$174,439.00

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 5, 2017 meeting. The Township’s estimated bid amount was $208,000.

Escrow Release Spring Oak Phase 3 Release #1

Mr. Wright gave his recommendation for approval.

Mr. Philips moved to approve Escrow Release #1, in the amount of $64,464.18 for Phase III Spring Oak and Mr. Kuhn 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, proposing amendments to the 2017 Budget. Adjustments were made to the carryover figures for the General Fund and Open Space Fund to reflect the actual year-end balances from 2016. Revenues increased for pavilion rentals, court fines, permits, and interest earned. Expenditures were increased for the projects at the Mill and for road paving, with minor adjustments in several other categories. The net difference is an increase in carryover at the end of the year for both funds.

Mr. Philips moved to adopt Resolution #889-17 amending the 2017 Budget as proposed, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mrs. Csete suggested the July meeting scheduled for July 3^rd be moved to July 10 and the Board agreed. She will advertise the schedule change.

Mr. Wright told Supervisors that he would begin a dialogue with the Allan Myers plant and remind them of the approaching deadline on May 12th. Mr. Kuhn wants some kind of effort by the plant to comply with the ordinances. Two different ordinances are involved, one that limits construction activity in the evening hours (noise disturbance). The other involves zoning district activities vs. noise levels and property care (nuisance).

Members discussed the difficulty of getting an ambient reading on a noise meter, due to the nearby Turnpike, truck traffic, air traffic, busy roadways, etc. However, Mr. Willig expressed the importance of obtaining the beginning parameters of the study. He wishes to obtain criteria to help establish a baseline involving many location readings. Then the Township could begin to look at these readings in comparison to the Zoning Ordinance. Mr. Hubbard will research the issue with a local municipality.

Adjournment

Mr. Piliero adjourned the meeting at 8:55 p.m. The next meeting is scheduled for Monday, June 5, 2017, 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, in Malvern, PA 19355.