EASTTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING MINUTES OF AUGUST 21, 2017

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1 EASTTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING MINUTES OF AUGUST 21, 2017 The August 21, 2017 Regular Business Meeting took place in the Township meeting room at 566 Beaumont Road, Devon and was called to order at 7:00 pm. Supervisors present included: James W. Oram, Jr.; Chairman; Marc J. Heppe, Vice Chairman; Betsy Fadem; Fred Pioggia; and Christopher D. Polites. Also attending were Dan Fox, Township Manager; Eugene C. Briggs, Jr., AICP, CZO; Assistant Township Manager and Director of Planning and Zoning; Dave Obzud, Police Chief; Don Curley, PE, AICP, Public Works Director; Karen Wertz, CPA, Finance Director; Kate Jones, Administrative Coordinator; and Andrew D.H. Rau, Esq., Township Solicitor. PLEDGE OF ALLEGIANCE PUBLIC HEARING Chairman Oram adjourned the regular meeting and convened the public hearing for Conditional Use CU 99 and Land Development LD 112 Applications Rockhill Real Estate. The transcript of this hearing is available at the Easttown Township Administrative Building. Chairman Oram reconvened the regular meeting. On a motion by Mrs. Fadem, seconded Mr. Heppe, the Board unanimously approved Conditional Use Application CU 99 and Land Development Application LD 112 for Rockhill Real Estate, subject to the following conditions: 1. The Applicant shall comply with the terms of the Township Planning Commission recommendation letter dated August 08, 2017, except as otherwise altered by the additional conditions herein. 2. The Applicant shall comply with the outstanding comments in the following review letters: a. Lisa L. Thomas, RLA letter of July 17, 2017; b. Christopher J. Williams, P.E. letter of July 24, 2017; c. Brady L. Flaherty, P.E. letter of July 11, 2017; and d. Eugene C. Briggs, Jr., AICP, Zoning Officer memorandum of July 20, The 13 waivers granted are as follows: 1

2 Section A.(2) - To not provide the total amount of plantings required to establish a perimeter buffer, but instead provide a small amount of shrubs to reduce the existing impervious surface nonconformity. Section C. - To provide 2 street trees instead of the required 3 street trees. Section A. - To provide 8.5% parking lot landscaping instead of the required 10%. Section D. - To provide 1 parking lot tree instead of the required 3 parking lot trees. Section A.(2) - To provide less building landscaping (13 shrubs), than what is required, Section To allow the Plan to be processed concurrently as a preliminary/final land development plan. Sections A. and A. - To allow the Plan to be drawn at a scale of 1" = 20' instead of 1" = 50'. Sections B. and B. - To allow the Plan to be drawn on 24" x 36" sheets instead of the sizes specified in these Sections. Section D.(5) - To not provide a subdivision sewerage disposal report. Section D.(6) - To not provide a conservation plan overlay. Section D.(7) - To not provide a sewage facilities planning module, if a sewage facilities planning module exemption can be obtained. Section To not provide a conservation plan. Section To not provide an environmental impact assessment. 4. The approvals are subject to terms and conditions of the Zoning Hearing Board approvals of March 30, The conditional use approvals are specifically for a low-inventory auto dealership as described in the hearing. 6. The front yard parking on the Property is authorized as described in the hearing. 7. All deliveries, in particular delivery of vehicular inventory, or deliveries of automobiles of any kind, shall be conducted inside the Applicant's auto dealership site. There shall be no loading, unloading, or temporary parking by transport vehicles in the roadways or streets. 8. Test drives related to the authorized use are limited to use of the state roads. Test drives shall not be taken on the local township and neighborhood roads. 9. The Applicant shall work in good faith to consider installing a revised light standard and design, upon request from the Township, subject to noninterference with visibility of the dealership and safe relocation of the pole, if necessary. 2

3 10. The Applicant shall comply with all Township development and permitting requirements, including execution of development agreements, and the posting of financial security for any of the public or quasi-public improvements in the form and content acceptable to the Township. 11. The Applicant shall reimburse the Township for all outstanding fees and charges incurred by the Township in processing and considering both the conditional use and SLDO applications, including but not limited to legal, engineering and consulting review fees. 12. The proposed use and development intensity shall be consistent with the testimony and evidence presented at the hearing. MINUTES On a motion by Mr. Polites, seconded by Mr. Pioggia, the minutes of the regular business meeting of July 17, 2017 were unanimously approved. ANNOUNCEMENTS Chairman Oram announced that the board met in executive session prior to this meeting to discuss legal and personnel matters and will meet after the meeting to continue to discuss personnel matters. Township Offices will be closed on Monday, September 04, in observance on Labor Day. The following public meetings will be held at the Township Building unless otherwise stated: Zoning Hearing Board on Wednesday, August 23, 7 pm Comprehensive Plan Task Force on Monday, August 28, 6 pm Next Board of Supervisors meeting on Tuesday, September 05, 7 pm (Planning Commission will fall on Wednesday, September 06, 7 pm) LIST OF BILLS Mrs. Fadem requested the total costs associated with the 2016 Township audit. On a motion by Mr. Heppe, and seconded by Mrs. Fadem, the Board unanimously approved the payment of $1,928,685.51; a total of Warrants ($1,627,889.73) and Payroll ($300,795.78), date ending August 16, 2017, with Mr. Polites recusing himself from check number CHAIRMANS INITIATIVES The Board provided updates for the following, if available: 3

4 1. Continue to focus on communication with residents and stay abreast of the latest technological platforms for communication and increase presences at Township events Mr. Heppe and Mr. Pioggia. The fall edition of the INCommunity Magazine will be in mailboxes in late September. 2. Resolve short-term space building space issues, especially as it pertains to the needs of the Police Department Mr. Oram and Mr. Pioggia. No update. 3. Document Township policies and procedures, including but not limited to the Supervisor Discretionary Fund, appointments to Boards and Commissions, and governance issues Mr. Oram and Mrs. Fadem. The Policy Committee met on August 21 to discuss the draft of a new policy; Reimbursement of Expenses for Supervisors. This policy will be presented for approval at the September 05 meeting and the next policy topics will include; 1) BOS Regular Meeting Agenda Setting, and 2) Sidewalk Fund. 4. Explore options with the Tredyffrin-Easttown School District regarding the need for parking at Easttown Library Mrs. Fadem and Mr. Polites. No update other than an inquiry to Staff regarding the paving schedule. 5. Continue to explore Hilltop House as a performing financial asset for the Township Mr. Polites and Mr. Pioggia. No update. 6. Work towards a sustainable funding solution for the Fire Companies with the TE Fire Companies Funding Coalition Mrs. Fadem and Mr. Heppe. While the Full Task Force has not met this summer, the Sub Group is continuing their work on finding a funding formula. The Sub Group expects to receive follow up deliverables from the two fire companies finance staffs by early September. 7. Work with the Planning Commission to complete a sidewalk plan for the Township Mrs. Fadem. No update. 8. Spend time with employees of the Township to get reoriented with their duties - Mr. Heppe. Mr. Heppe will focus on the Building Department s permitting process. 9. Work with Planning Commission and Staff to redefine the Township ordinance regarding fencing and signage - Mr. Heppe. The Planning Commission is still reviewing a draft of proposed ordinance language addressing these items. 10. Modernize the Township in ways that can reduce its expenses, such as through LED lighting for street lights Mr. Pioggia. No update. SUPERVISOR LIAISON REPORTS 4

5 The Board provided updates for the following, if available: Citizens Advisory Committee: Betsy Fadem, Christopher D. Polites The Committee met on August 14th. At this meeting the group reviewed the per capita costs for other Chester County and neighboring townships fire funding. Additionally, the group discussed the projects for 2018 and requested input and sign off from the Supervisors. The next meeting is on September 11. Comprehensive Plan Task Force: Betsy Fadem, Fred Pioggia The Task Force met twice since the last Board meeting. The focus at both meetings was downtown Devon. A new County planner, Chris Patriarca has been added to the team. The next meeting is August 28. Fire Company Task Force: Betsy Fadem, Marc J. Heppe Since the last update, the Sub Group has met and will meet again on August 22 to further discuss the funding formula for 2018 budget process. Historical Commission: James W. Oram, Jr. There was no meeting held in August. The Commission next meets on September 13. Library Board: Christopher D. Polites The Library has finished another successful summer reading program entitled "Build a Better World, READ!, and is readying its fall programs. The Board next meets on September 20. Municipal Authority: Fred Pioggia The Authority is wrapping up its capital projects and is evaluating cost savings regarding engineering billing. The Authority next meets on September 12. Neighborhood Watch: Marc J. Heppe, Chief David J. Obzud No update. Park & Recreation Board: Fred Pioggia There was no meeting held in August. The Board next meets on September 19. Pension Committee: Betsy Fadem, James W. Oram, Jr. No update. Planning Commission: Betsy Fadem, Marc J. Heppe Mrs. Fadem attended the public meeting in August and the Commission will meet again in September. Police Department: Marc J. Heppe, James W. Oram, Jr. The Department is looking towards solutions for cross traffic issues on Route 252, including a potential center lane for turns. The Department also toured the new Recovery Centers of America campus. 5

6 Policy Committee: Betsy Fadem, James W. Oram, Jr. No update. The next meeting is September 18 at 5:30 pm. DEPARTMENTAL REPORTS Mr. Fox presented the administrative report. Ms. Wertz presented the finance report. Mr. Briggs presented the planning and zoning report. Chief Obzud updated the Board on police issues. Mr. Curley addressed matters of the Public Works Department. Chairman Oram opened the floor to the public. Betty Buchanan, of 193 Stony Point Drive, requested that the Public Works Department follow up on a steep shoulder at the intersection of Sugartown and Newton Roads. John Polychronopoulos, of 170 Stony Point Drive, requested on update on the Aqua pipeline road construction on Sugartown Road. NEW BUSINESS Resolution : Valley Creek Trunk Sewer Settlement Agreement Mr. Rau introduced the Board to the proposed Settlement Agreement. In addition to an action item to approve the Settlement Agreement by resolution, the Board also has an action motion to engage Dilworth Paxson LLP as special transactional counsel, and the PFM Group as special transactional consultant, to help all of the parties move forward with the sale process. Chairman Oram opened the floor to the public and Donald Laskin, of 156 Greenville Court, sought clarification regarding the reimbursement process. On a motion by Mr. Polites, seconded by Mrs. Fadem, the Board unanimously approved Resolution , to authorize execution of a settlement agreement to resolve responsibilities for the rehabilitation of the Wilson Road Force Main of the Valley Creek Trunk Sewer; to provide for a process for the sale of the Valley Creek Trunk sewer and the wind-up of the Valley Creek Trunk Sewer Agreement; to resolve litigation; and to authorize all necessary actions thereto. On a motion by Mr. Polites, seconded by Mrs. Fadem, the Board unanimously voted to engage Dilworth Paxson LLP as special transactional counsel, and the PFM Group as special transactional consultant, with 6

7 payment and engagement terms to be controlled by the provisions of the Wilson Road Force Main / Valley Creek Trunk Sewer Settlement Agreement approved this same date, and per the respective engagement letters as finalized among the engaged parties. Ordinance : Special Purpose Parking Mr. Rau updated the Board on the draft ordinance amending chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown to provide for the renumbering of Section as , to create a new section , Special Purpose Parking, and other miscellaneous provisions. After receiving approval to do so at the Board meeting on July 17, 2017, staff has advertised this draft and it is ready for consideration and potential adoption. On a motion by Mrs. Fadem, seconded by Mr. Pioggia, the Board unanimously adopted Ordinance amending chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown to provide for the renumbering of Section as , to create a new section , Special Purpose Parking, and other miscellaneous provisions. Ordinance : Millbrook Road Speed Limit Mr. Rau updated the Board on the draft ordinance amending chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown at Section to provide for a speed limit for Millbrook Road and other miscellaneous provisions. After receiving approval to do so at the Board meeting on July 17, 2017, staff has advertised this draft and it is ready for consideration and potential adoption. On a motion by Mrs. Fadem, seconded by Mr. Pioggia, the Board unanimously adopted Ordinance amending chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown at Section to provide for a speed limit for Millbrook Road and other miscellaneous provisions. LD 110 CU 96 Devon Yard: 201 Lancaster Avenue Traffic Signal Easement Agreement Mr. Briggs updated the Board on this item. The Preliminary Land Development and Conditional were conditionally approved by the Board of Supervisors on April 03, 2017 and the Final Land Development was conditionally approved by the Board on May 15, The Traffic Signal Easement Agreement is required as part of the approved project and is specific to locating a new traffic signal pole and a handicapped accessible ramp at 201 Lancaster Avenue (Circle K/Gulf Gas Station). The Agreement has been reviewed by and is acceptable to the Township's Transportation Engineer and Special Legal Counsel. 7

8 On a motion by Mrs. Fadem, seconded by Mr. Polites, the Board unanimously approved the Traffic Signal Easement Agreement for 201 Lancaster Avenue and authorized the Chairman to execute the Traffic Signal Easement tendered by PMIG DPNJ, LLC. Section Stormwater Infiltration Waiver Request: 402 Lantern Lane Mr. Briggs introduced the Board to this item. On June 15, 2017, the Applicant submitted a waiver request from Section of the Code of the Township of Easttown to allow relief from the infiltration requirements due to poor soil conditions at 402 Lantern Lane. Compliance with Section is required through the Drainage Permit approval process. In lieu of infiltrating stormwater as required, the Applicant proposes an alternative stormwater system that provides water quality and peak rate runoff control that is found to be acceptable by Brady Flaharty, Township Engineer. On a motion by Mrs. Fadem, seconded by Mr. Heppe, the Board unanimously approved the requested waiver from Section of the Township Code to allow relief from the infiltration requirements for 420 Lantern Lane. Section K.(4)(b) and Stormwater Waiver Requests: 1439 Sugartown Road Mr. Briggs introduced the Board to this item. On April 06, 2017 and March 01, 2017, Yerkes Associates, Property Owner's Engineer, submitted waiver requests from Sections K.(4)(b) and of the Code of the Township of Easttown to allow relief from the 10-foot infiltration basin setback from a property line and to not match pre- and post-development peak stormwater rates due to the location of existing improvements, the proposed driveway, and lack of an existing storm sewer system at 1439 Sugartown Road. Compliance with Sections K.(4)(b) and is required through the Drainage Permit approval process. Brady Flaharty, Township Engineer, has found these waivers to be acceptable given the nature of the property and proposed improvements. On a motion by Mrs. Fadem, seconded by Mr. Heppe, the Board unanimously approved the requested waivers from Sections K.(4)(b) and of the Township Code to allow the infiltration basin to be located within the 10-feet of the property line and to not match pre- and post-development peak stormwater rates for 1439 Sugartown Road. 8

9 Escrow Release: 26 Main Avenue Mr. Briggs updated the Board on this item. On October 07, 2013, the Board of Supervisors conditionally approved the Land Development Plan to subdivide one single-family detached dwelling lot with three single-family dwelling units. Since then, the project has begun construction. In accordance with the project's Subdivision and Land Development Agreement and Financial Security Agreement, the Developer provided a construction escrow in the amount of $66, and is now requesting the first escrow release in the amount of $51, The Township Engineer has reviewed the escrow release request and recommends that the Board release $46, After this release, the remaining escrow amount will be $19, As a matter of policy in approving first escrow releases, the Board also authorizes its Chairman to sign a blank Certification of Completion and Authorization of Reduction and Release Form making the processing of all future escrow release requests a Staff function. On a motion by Mrs. Fadem, seconded by Mr. Heppe, the Board unanimously approved Escrow Release Number 1 for 26 Main Avenue in the amount of $46, and authorize the Chairman to sign the blank Certification of Completion and Authorization of Reduction and Release Form. Resolution : Plan Revision for New Land Development for Devon Yards Sanitary Sewer Planning Module After discussion on this revised planning module, Chairman Oram opened the floor to the public and there were no comments. On a motion by Mrs. Fadem, seconded by Mr. Pioggia, the Board unanimously adopted Resolution , Plan Revision for New Land Development for Devon Yards Sanitary Sewer Planning Module. OLD BUSINESS None PUBLIC FORUM The Board, citizens, and representatives of Fair Districts PA discussed the prospective merits of Pennsylvania Senate Bill 22 and Pennsylvania House Bill 722 regarding changing the way that Pennsylvania creates voting districts. Public comment on the issue was provided by the following members of the public: John Polychronopoulos, of 170 Stony Point Drive, Mary Piccioni, of 1504 Pennsylvania Avenue, Betty Buchanan, of 193 Stony Point Drive, and Sue and Don Laskin, of 156 Green Hill Court. 9

10 ADJOURNMENT The meeting adjourned 08:55 pm. Respectfully submitted, Kate Jones Recording Secretary 10