Charlestown Township Board of Supervisors Business Meeting Minutes of June 1, 2020

The first business meeting for June was held on June 1, 2020, via remote dial-in/log-in via Webex due to the ongoing coronavirus situation.

Present

Call to Order:

7:03 p.m.

Announcements

Citizens Forum

Mr. Rubenfield thanked Supervisors for all the work that went into making Brightside Farm so welcoming.

Approvals

Mr. Philips moved to approve:

1. Minutes for the May 4, 2020, Business Meeting
2. The May 2020 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for June 1, 2020.
4. The Capital Fund - Open Space Projects Payable Report for June 1, 2020.

Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Piliero moved to accept May 2020 reports #1-16 as submitted and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business

Spring Oak Resident’s Complaints

Mr. Wright provided a lengthy update of good faith efforts by Devault Foods about the list of action items addressed at last month’s meeting, including some that had resulted in violations. Mr. Wright thought the progress was successful and portrayed a commitment to improvements by Devault management.

1. New policies communicated within Devault Foods by Mr. Strunk via email. Meetings communicated possible loss of job if employees could not adhere to new policies.
2. Removal of temporary refrigerated facilities.
3. Installed charcoal filters.
4. Noise-reducing towers were added to smokestacks.
5. New truck and loading area policies, plus a new policy that (a) moves diesel trucks to the back of the lot and (b) electrically connects trucks to the loading area.
6. New LED lights were ordered for installation July 1, to better focus lights away from Spring Oak.
7. Dumpsters were moved away from Spring Oak.
8. Established a new policy that allows for dumpsters to be emptied only from 8-8 pm.
9. Thursday long-term sound monitoring equipment will be installed. The sound engineer for the Township will provide a report next week that will have data for next month’s compliance check.
10. Mr. Hubbard acted immediately when complaints came in recently about odors, and found they originated from the asphalt plant, not Devault Foods.
11. Mr. Strunk will now receive all complaints as and when Mr. Wright receives them, improving the follow-up and response time.

Mr. Rubenfield had the following points to discuss for June:

1. From the May 22^nd report, he noticed that trailer deliveries can occur from 6 am-5 pm and he believes it should read that the deliveries can start at 7 am.
2. Does the Township intend to monitor odors?
3. What is the filter replacement schedule?
4. The traffic is still a major concern. Mr. Wright and Mr. Strunk are aware of this. It has been widely communicated throughout the company. Mr. Strunk is increasing his stance on internal policies and penalties for disregard.
5. Mr. Hubbard answered Mr. Rubenfield’s question about the perimeter fence. Since there is still a lockdown, there has been no movement on this point, but the conversation is ongoing.
6. Trucks need to be more than 35 feet from homes. Trucks are parked on the backside of the building that houses the post office and Township Office. The time frames are also not being followed. Mr. Wright said that No Idling signs are in process and there is a search for alternative destinations for drivers finishing their routes.
7. Mr. Rubenfield wondered about the procedure for Mr. Wright sharing the numerous complaints coming from Spring Oak residents with the Board. Mr. Wright reminded Mr. Rubenfield that Supervisor Bednar was a resident, and he keeps the Board updated, especially at strategic times. Mr. Rubenfield discussed a slow response time for Devault, but Mr. Piliero thought they were making good progress. Mr. Wright reminded Mr. Rubenfield that there is a learning curve that comes with responsiveness and lately there have been quicker responses and policy changes, plus increased communication with Devault. Since violations are issued because of a pattern of occasions, not after one instance, it takes time to obtain data, then bring compliance. It is not a quick process.
8. Mr. Rubenfield asked how the Township can consider moving forward with reviewing the Final Plan with all the ongoing complaints and violations. Mr. Thompson laid out the details as follows:
• Since the Preliminary Plan was approved in 2006 it is “grandfathered” in many ways.
• The Final Plan will be submitted this year, and is not, per Devault Foods, going to be extended again.
• The Township will have to adjudicate with current issues in mind and with the grandfathered conditions considered.
• The Township will consider any Devault Foods plan with Spring Oak in mind.
• The Environmental Impact Assessment Report will be scrutinized since it documents potential impacts on the general health, safety, and welfare of the community nearby.
• Mr. Rubenfield was incorrect in thinking the Environment Impact Report would be delayed. The NPDES will be delayed. The Township will focus on this report to mitigate any environmental issues, but the Preliminary Plan has been approved and the Township is now obligated to review the final plan.

Thank you to Mr. Voota for providing the storage and set up of sound monitoring equipment for Devault Foods on his property.

New Business

Appointment of Alternate Counsel

Mr. Thompson discussed the background on the decision to appoint alternative counsel regarding Devault Food matters due to an acknowledged conflict with main counsel.

Mr. Philips moved to appoint Mr. Gary Bender, Esq. as Alternate Counsel for matters relating to Devault Foods, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Resolution to Apply for ARLE Grant for Signal Improvements to Phoenixville Pike and Yellow

Springs Road Intersection

Mrs. Csete gave the background on the improvements to the intersection needing turning lanes to stop traffic congestion. She stated that the deadline for the ARLE Grant submission is June 30^th and one item to be included is a resolution from the Township authorizing the application. Since the intersection is located in East Whiteland Township, a resolution from their board is likewise required.

Mr. Kuhn moved to adopt Resolution #967-2020 authorizing Traffic Planning & Design to submit the ARLE Grant application for improvements to the intersection at Phoenixville Pike and Yellow Springs/Sidley Roads, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Resolution to Amend Budget to Expend Additional Funds for Emergency Services

Mr. Kuhn and Ms. Bednar discussed the reasoning behind the proposed contribution of an additional $60,000 to the Kimberton Fire Company for 2020 due to the coronavirus pandemic. The firefighters had to cancel their annual fair, which is a major fundraiser for the Fire Company. The $60,000 represents Charlestown’s proportional share of that lost revenue. Mr. Kuhn will draft a letter recommending the other four townships served by Kimberton also consider providing additional financial support.

Ms. Bednar moved to amend the budget to add $60,000 to category #411.32 for emergency services and adopt Resolution #968, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Authorize Offer for Thomas Conservation Easement

Mr. Kuhn provided background regarding the land near Brightside Farm.

Mr. Philips moved to adopt Resolution #968-2020 authorizing an offer to purchase the Marcella Thomas Conservation easement on 10 acres, tax parcel #35-3-54.2C, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Contract for 2020 Paving Project

Mr. Wright referred to his review letter dated May 6^th recommending Advanced Pavement Group (formerly Malloy Paving) for the award of the 2020 paving contract with its responsible lowest bid of $117,010.80. Materials will be provided by the Township separately for a total cost of $212,164. The Township estimated the project at $261,000.

Mr. Piliero moved to award the contract to Advanced Pavement Group, and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Authorize Advertising of Zoning Ordinance Amendment to allow Apartments above Retail in Traditional Neighborhood Development Area 3

Mr. Thompson provided some background on the Planning Commission’s review of a proposal by Mr. Frank Boyle to amend the Zoning Ordinance in TND Area 3 to allow apartments above retail, which is currently permitted in TND Area 2. This was primarily drafted by Mr. Comitta to allow live-work units.

Mr. Philips moved to authorize Mr. Thompson to advertise a hearing to consider this ordinance amendment for July 6, 2020, at 7:00 p.m. via the Webex platform, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Insurance Renewal 6/11/20 – 6/11/21

Mrs. Csete said that for the coming insurance coverage period, the Township had been informed by Scottsdale Insurance that they were no longer renewing municipal policies. Mrs. Csete and the Township insurance broker, Mr. Moyer, sought new coverage over the past month. Mr. Moyer recommended binding coverage with Hudson Insurance Company. Cyber coverage will be considered separately, and an additional policy will be added to reach the 10-million-dollar coverage since the new provider will only go up to $5M.

Mr. Kuhn moved to accept the insurance proposal from Hudson Insurance Company for the period of June 11, 2020 - June 11, 2021, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Welcome to Ms. Beth Martin the new Assistant Secretary.

The work on the cemetery will be started after the contractor is finished with his current job and can redirect all his labor on the Township project, hopefully before July.

Adjournment

Mr. Piliero adjourned the meeting at 8 p.m. The next Board of Supervisors Meeting is scheduled for Monday, July 6, 2020, at 7:00 pm, location to be determined and advertised.