Charlestown Township Board of Supervisors Business Meeting Minutes of December 3, 2018

The first business meeting for December was held December 3, 2018 at the Great Valley Middle School in the Library, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:12 p.m.

Announcements

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

There was an executive session held following the November 5, 2018 meeting to discuss legal matters.

The Grand Opening of the Charlestown Mill on Sunday, November 11^th was a success, with over 100 people attending. Thanks to everyone on the committee for all their help, particularly Tim Hubbard, who oversaw a lot of the last-minute site preparations.

Citizens Forum

Mr. Kuhn said there was a dinner held by the French and Pickering Creeks Conservation and Trust to honor property holders that have joined the cause to preserve Chester County land. The owners of two properties from Charlestown were included for the years 2016 and 2017, the Township itself for preserving the Auchincloss property, and Henriette Bumeder.

Mr. John Grosch questioned the Board about the status of the Great Valley Nature Center. Mr. Kuhn said the potential lessors are contacting people, but the legal work is moving slowly ahead. Mr. Grosch gave the Board information about the Philadelphia Metro Wildlife Foundation’s search for a permanent location.

Approvals

November 5, 2018 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the November 5, 2018 Business Meeting and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report November 1 – 30, 2018

Mr. Philips moved to approve the November 2018 Treasurer’s Report and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for the Operating Fund December 3, 2018

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for December 3, 2018 and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for the Open Space Fund for December 3, 2018

Mr. Philips questioned the Green Weavers landscape invoice for $2,935. Mrs. Csete informed him that the Township was under agreement through 2018 for maintenance of the Devault area basins. Mr. Philips wants to reconsider what happens in this area since its appearance has not improved, nor is there a chance of establishing the “hoped for” meadow. Since it is the entrance to the Township, he would at least like it to be mown to be rid of the weeds. Mr. Kuhn suggested Mr. Theurkauf make another assessment of the location so the Board can consider how to proceed in the spring.

Mr. Philips moved to approve the Open Space Fund Accounts Payable Report for December 3, 2018 and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Kuhn moved to accept the November 2018 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.

Old Business

Turnpike Sound Barriers

EAC Chairman Mr. Pete Goodman introduced the committee, and requested expedient funding to hire an attorney for the sound barrier project. The committee would like to hire Ms. Brooke R. Ginty Esq., and also draft a letter to the Turnpike Commission that provides supporting documentation for the barriers.

Mr. Thompson told the audience that there had been a meeting in his office. During the discussion, impediments arose as to Board funding for certain types of legal action. In addition, no funding can be given to the EAC committee at present, since they are not yet a formal Township committee.

The attorney, Ms. Ginty, also represents four individuals under the name of SoundWallsNow. According to Mr. Thompson, Ms. Ginty gave him a basic history of her investigative work for the EAC committee and SoundWallsNow. So far, the committee has drafted a map of where they believe the walls should be, and collected names interested in the project. Ms. Ginty advised Mr. Thompson that she did not feel that a letter to the Turnpike was a good idea at this time. Mr. Thompson approached the Turnpike Commission for a meeting but has not had a response.

Tonight, Mr. Thompson suggested three steps be taken, to get the project progressing, while the Township operates within its legal constraints.

1. The Township will update its sound ordinance.
2. The Township will draft an adoption ordinance of the EAC, making it a formal advisory committee for the Township.
3. All parties should meet and establish goals and strategy, include Ms. Ginty.

Mr. Thompson made it clear that the Township cannot pay for an individual or private committee’s legal bills with tax payer monies. Once the EAC is formally created, their role in this matter will be to make recommendations to the Supervisors, which might then engage consultants to prepare research and reports. Mr. Frank Pafumi asked about a deadline for having all the project pieces in place, and Mr. Thompson said that the Turnpike widening construction date keeps changing, so it is hard to set a date. Mr. Thompson reminded the committee that the EAC should not advocate independently, and that this could take one or two years until completion.

Riparian Buffer Project at Brightside Farm

Mr. Goodman provided updates on a proposed project to reforest the riparian buffer along the tributary of the Pigeon Run, along Brightside Farm. Mr. Goodman highlighted a few items.

1. The Trust was pleased with the proposal and the EAC will obtain the French Creek and Pickering Conservation Trust’s authorization.
2. Ms. Vicki Laubach, Executive Director of Green Valleys Watershed Association is assisting in the grant application process, with the Township being the beneficiary.
3. Ms. Lauback met with Audobon Pennsylvania. They are considering using this buffer as a demo area for their Louisiana Waterthrush Project.
4. Planting should begin in the fall of 2019.
5. Ms. Armstrong is completing a bog turtle assessment.
6. Soil samples will be tested for selecting plantings.
7. This buffer will contribute to the Keystone Ten Million Tree Partnership.
8. There is an official diagram/plan being drafted for the riparian buffer.

New Business

Devault Village at Spring Oak Final Plan

Mr. Thompson stated that in October the Township and the applicant met to discuss amendments to the TND Plan and the Design Manual.

Tonight, Mr. John Jaros, Esq., with Mr. Jason Engelhardt, P.E., and Mr. Thomas Filippo, came before the Board for consideration of Final Approval and apologized for the late timing. He said all open points have been addressed.

1. On November 30^th, 2018, an agreement was reached with Jonathan Jordan and Glen Diehl regarding a land purchase integral to the final design of the TND. (This needs to be confirmed since the property has not transferred as of today per Mr. Thompson.)
2. On November 18^th, 2018, all issues on the Conditional Approval letter had been met.
3. The Design Manual has been digitally sent to Mr. Thompson, and a hard copy will be delivered to the Township.
4. Mr. Wright stated that all open issues are now in compliance.

Mr. Thompson read aloud the conditions for approval for the Board, including but not limited to:

1. Confirmation that the property agreements for two adjacent parcels are in place
2. No release of signed plans for recording until the accompanying SLDO Agreement and Tri-Party Agreement are executed
3. Mr. Wright’s review letter dated 10/19/18

Mr. Kuhn moved to approve the Final Plan for Devault Village at Spring Oak, subject to the general conditions read aloud from Mr. Thompson’s letter dated December 3^rd. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Offer to Purchase Conservation Easement – Beam-Dugdale property

Mr. Kuhn introduced the newest prospective addition to the Township’s Open Space. Mr. Willig moved to approve execution of the letter authorizing the purchase of a conservation easement on the 10.4-acre Beam-Dugdale property on Buckwalter Road for $260,000, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Conservation Easement Agreements for Thompson and Davis Properties

Mr. Kuhn said the Township and the French & Pickering Creeks Conservation Trust have two agreements, one with James and Mary Jo Thompson for their 23.8-acre property at 2202 Union Hill Road, and one with Robert and Denise Davis for their 17.10-acre property at 2121 Union Hill Road. Both agreements have been drafted and reviewed by the Solicitor.

Mr. Philips moved to approve execution of the Conservation Easement Agreements for the Thompson and Davis properties, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Award Bids for Sale of the Auchincloss Parcels

Mr. Thompson stated that the bids were to include a certified check for ten percent of the bid. Ms. Cindy Thompson, the Township’s real estate agent, said she had explained alternate methods that were acceptable to the bidders. The highest bid for the Auchincloss property with the house (parcel #35-3-75) was $800,555.55 from the Murrys. Mr. Thompson stated the Township required that the additional funds be received within 72 hours.

The list of bids received for the house were:

Mr. Patrick & Michele Boova $500,000 with a notation to settle in 9 months.

Mr. John T. & Bettina Murry $800,555.55

Mr. James & Monica Goldsmith $375,000

Mr. Christopher & Elizabeth Zubyk $759,000

The bids received for the lot were as below, however Supervisors decided to leave the bidding open for the lot.

Mr. Brandon Abella $100,000

Mr. Robert Schena & Deidre Coniclin $550,000

Mr. Kuhn moved to accept the bid of $800,555.55 from John T. and Bettina Murry for parcel #35-3-75 and leave the bidding open for parcel #35-3-75.1. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. Mr. Thompson will make arrangements for closing on the sale.

Request for Zoning Change – Maplecroft Dairy

This item was removed from the agenda.

Future Programs and Scheduling for Charlestown Mill

Mr. Philips said the committee suggested establishing guidelines for the operational hours for the Mill. Mr. Kuhn suggested establishing a Friends of the Mill group, to provide suggestions as to what the next steps should be for usage of this Township resource. It will be posted in the next newsletter, emails, and on social media.

Resolution to Approve Valley Creek Trunk Line Purchase Agreement

Mr. Thompson described a phone conference he and Mrs. Csete had with the attorney for the Valley Forge Sewer Authority regarding the purchase of a sewage line currently owned by Tredyffrin Township which is proposed to be sold to Aqua PA. All member municipalities have received the Agreement and the votes have been favorable. The VFSA will be voting on it this week. He suggested acceptance of this agreement.

Mr. Philips moved to approve execution of the Valley Creek Trunk Line Purchase Agreement via resolution #924-2018, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Tax Levy Resolution for 2019

Mrs. Csete read aloud the Tax Levy Resolution. Supervisors noted the proposed real estate millage (.75 for the last 14 years), Local Services Tax, Real Estate Transfer Tax, and Earned Income Tax for 2019, will all remain the same as in 2018.

Mr. Philips moved to approve Resolution #925-2018 setting the taxes for 2019, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Create Capital Reserve Fund

Mrs. Csete explained that the proposed 2019 Budget provides for a new capital reserve fund that would include two separate accounts, one for general projects and one for Open Space projects. Before the budget can be adopted, the resolution to create the funds must be approved.

Mr. Piliero moved to approve Resolution #926-2018 authorizing the creation of a Capital Reserve Fund, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Budget Resolution to Adopt 2019 Budget

The Board reviewed the proposed budget materials at a meeting on October 22, 2018. Input had been received from the Chairs of the various boards, commissions and committees.

Mr. Piliero moved to approve Resolution #927-2018 adopting the Budget for 2019 as drafted on 10/22/18 and last revised 11/5/18, and Mr. Philips 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. Kuhn moved to approve the advertising of the Reorganization Meeting and first business meeting for January, to be held Monday, January 7, 2019, 7:00 p.m. at the Great Valley Middle School, room 154, 255 Phoenixville Pike, Malvern PA. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Kuhn moved to approve the advertising of the formalization of the EAC by advertising an ordinance for its adoption, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Hubbard is monitoring animal issues in the Township, now that the weather has turned colder.

Mr. Thompson confirmed that the mini-cell towers along Phoenixville Pike were allowed via Conditional Use for Crown Castle.

Ms. Cindy Thompson discussed the technicalities of the bids not having certified checks.

There is an executive session after tonight’s meeting to discuss legal issues.

Adjournment

Mr. Piliero adjourned the meeting at 8:15 p.m. The next monthly Board of Supervisors Meeting is scheduled for Monday, January 7, 2019, 7:00 p.m. at the Great Valley Middle School, in Room 154, 255 N. Phoenixville Pike, in Malvern, PA 19355.