EASTTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING MINUTES OF JULY 17, 2017 The July 17, 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; Assistant Township Manager and Director of Planning and Zoning; Dave Obzud, Police Chief; Don Curley, PE, AICP, Public Works Director; Kate Jones, Administrative Coordinator; and Andrew D.H. Rau, Esq., Township Solicitor. PLEDGE OF ALLEGIANCE FRITZ FAMILY COMMENDATION Pennsylvania State Representative Duane Milne presented a commendation to the Fritzes, whose family has owned and operated the former Fritz Lumber company in Berwyn since the Civil War era. He thanked them for their tireless commitment to the community as local business owners. POLICE DEPARTMENT SERGEANT PROMOTION Mr. Oram stated that the Easttown Township Board of Supervisors is pleased to announce the promotion of Officer James Hutt to the rank of Sergeant. Sgt. Hutt was hired by the Easttown Township Police Department in July of 2003 after previously working for Downingtown Police Department. He has been an integral member of the department and has received several letters of accommodation including a Citation from the Pennsylvania House of Representatives for Bravery in the line of Duty. Sgt. Hutt serves as the police Department s firearms instructor and is also a sniper with the North-East Chester County Emergency Response Team. Mr. Oram presented Sgt. Hutt with his Sgt. Stripes and his wife, Sue Hutt, pinned his Sgt. Badge on his uniform. MINUTES On a motion by Mr. Polites, seconded by Mr. Heppe, the minutes of the regular business meeting of June 19, 2017 were unanimously approved with Mrs. Fadem making two corrections. ANNOUNCEMENTS Chairman Oram announced that the board met in executive session prior to this meeting to discuss legal matters. 1
The following public meetings will be held at the Township Building unless otherwise stated: Parks and Recreation Board on Tuesday, July 18, 7 pm Library Board of Trustees on Wednesday, July 19, 7 pm at Easttown Library Zoning Hearing Board on Monday, July 24, 7 pm at Township Building Comprehensive Plan Task Force on Thursday, July 27, 6 pm Planning Commission on Tuesday, August 1, 7 pm Municipal Authority on Tuesday, August 8, 7 pm Historical Commission on Wednesday, August 9, 7 pm at Easttown Library Citizens Advisory Committee on Monday, August 14, 6:15 pm Parks and Recreation Board on Tuesday, August 15, 7 pm Comprehensive Plan Task Force on Wednesday, August 16, 6 pm at Hilltop House Library Board of Trustees on Wednesday, August 16, 7 pm at Easttown Library Policy Committee on Monday, August 21, 5:30 pm Next Board of Supervisors meeting on Monday, August 21, 7 pm LIST OF BILLS The Board questioned the format of the bills. Mr. Fox explained that, in the temporary absence of a finance staff member, a temporary employee had created the list. Chairman Oram opened the floor to the public. Mark Ward, of 208 Dorset Road, suggested that staff more thoroughly prepare itself to present the list of bills in these types of circumstances. On a motion by Mr. Heppe, and seconded by Mrs. Fadem, the Board unanimously approved the payment of $1,628,270.10; a total of Warrants ($1,356,521.02) and Payroll ($271,749.08), date ending July 14, 2017, with Mr. Polites recusing himself from check 25943. CHAIRMANS INITIATIVES The Board provided updates for the following, if available: 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. There are several proposals for the upcoming INCommunity Magazines including a piece focusing on fire funding needs and recurrent feature on Township residents. Mr. Pioggia and Mr. Heppe also volunteered the Township s annual July 04 parade and picnic and noted that it was the largest turnout to date. 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. 2
The Policy Committee is meeting on August 21 to identify the next set of policy topics to consider. Among those topics being discussed are, 1) BOS Regular Meeting Agenda Setting, 2)Meeting Participation via Teleconferencing, and 3) 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 to ask for the status of the parking study costs and timing. Mr. Fox commented that the project to pave the grassy area in the back section of the easement which will yield six parking spots is going to commence. 5. Continue to explore Hilltop House as a performing financial asset for the Township Mr. Polites and Mr. Pioggia. The Hilltop House Sub Committee is still exploring its options. 6. Work towards a sustainable funding solution for the Fire Companies with the TE Fire Companies Funding Coalition Mrs. Fadem and Mr. Heppe. The Full Task Force met on June 13 and the Sub group Team presented their findings of their financial. Specifically the sub group asked the fire companies to identify their plans to use Relief monies for capital needs, and for their billing data concerning amounts billed versus amounts collected. Berwyn Fire Company was also asked to consider the membership drive model Paoli uses. The Sub group continues to meet to work on formulating a funding formula. Next Sub group meeting is August 07. 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. No update. 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 Mrs. Fadem requested that Mr. Briggs update the public regarding the approved medical marijuana dispensary at 420 Lancaster Avenue. Mr. Briggs noted the following: 420 Lancaster Avenue is located within the Township s Planned Business Office (PBO) Zoning District. 3
On April 06, 2017, the Township received a Zoning Permit Application for a change in Zoning Use at 420 Lancaster Avenue from Commercial (Automobile Sales (leasing)) to Commercial (Retail Perishable). Section 455-95-A.(1)(b) requires that a Zoning Permit be issued for a change in use of land or a building. The submitted Application did not propose an addition or enlargement to the exiting non-residential building. As such, Land Development approval by the Board of Supervisors is not required by Chapter 400, Subdivision and Land Development, of the Township Code. The Township Zoning Officer reviewed the Zoning Permit Application against Section 455-16, Use Regulations, of the PBO Zoning District and determined that a Medical Marijuana Dispensary is a use which is of the same general character as a Pharmacy, since it dispenses medicine to the public. Per Zoning, a Pharmacy is a Retail Commercial Use, which is permitted by-right in the PBO Zoning District. The Pennsylvania State Medical Marijuana Act s regulations require that a dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities in the PBO Zoning District. Because the Commonwealth s Medical Marijuana Dispensary Laws and Licensing Procedures are new, the Township Zoning Officer contacted the Township Solicitor to understand the relationship and limit of authority between the Township and Commonwealth approvals. The Township Solicitor confirmed that, based upon the Zoning Permit Application submitted, the Township s current authority of approval is on deciding the commercial nature of the use in accordance with the state Medical Marijuana Act. The authority over the Dispensary s operational compliance rests with the Commonwealth enforcing the State issued License. On April 21, 2017, the Zoning Officer, approved the change in use from Commercial (Automobile Sales (leasing)) to Commercial (Retail Perishable) conditioned upon no change in impervious surfaces and signage not being part of the approval. The Applicant gave public notice of the approval in the Daily Local News on May 06 and May 13, 2017. On June 29, 2017, the Applicant was granted a permit by the Commonwealth to operate a medical marijuana dispensary on the site. The Applicant has six months to comply, to the satisfaction of the Commonwealth, with all state law and regulations. The Board provided updates for the following, if available: Citizens Advisory Committee: Betsy Fadem, Christopher D. Polites The Committee met on July 10. The main event of the meeting was a presentation from the two EMS Captains, Mike Baskin of Berwyn and Kelly Raum of Paoli and subsequent discussion. These two dedicated EMS volunteers were invited to provide the members with further background and data to help with the Committee s support of the BOS/Task Force project of fire funding. The next meeting is August 14. Comprehensive Plan Task Force: Betsy Fadem, Fred Pioggia 4
The Task Force met one time since the last meeting update. The focus of the Task Force was on the Berwyn chapter. The next order of business will be Devon and then the Route 30 connection from Devon to Berwyn. The next meeting is July 27. Fire Company Task Force: Betsy Fadem, Marc J. Heppe A full Task Force Group meeting has not been scheduled but it is expected that they will reconvene in September and focus on the 2018 budgets of the fire companies. Historical Commission: James W. Oram, Jr. Mr. Oram stated that the Commission continues to consolidate its historical property data. In total, there are three different documents that need to be updated. The next meeting is on August 09. Library Board: Christopher D. Polites Mr. Polites encouraged the public to check the Library s extensive summer programs for children and adults. The Board next meets on August 16. Municipal Authority: Fred Pioggia Mr. Pioggia stated the Municipal Authority continues to bring its Pump Station projects to completion and has, so far, had success with a quarterly inspection schedule. Neighborhood Watch: Marc J. Heppe, Chief David J. Obzud No update. Park & Recreation Board: Fred Pioggia Mr. Pioggia congratulated the Board for having organized a very successful Fourth of July event. The next meeting is on August 15. Pension Committee: Betsy Fadem, James W. Oram, Jr. No update. Planning Commission: Betsy Fadem, Marc J. Heppe Mrs. Fadem attended the meeting on July 05 and the details will be reflected in Mr. Brigg s departmental report. The Commission will meet again on August 01. Police Department: Marc J. Heppe, James W. Oram, Jr. No update. Policy Committee: Betsy Fadem, James W. Oram, Jr. No update. The next meeting is on August 21. 5
DEPARTMENTAL REPORTS Mike Baskin, of Berwyn Fire Company, and Digger Holt, of Paoli Fire Company, were in attendance to present quarterly fire company reports. Mr. Fox presented both the administrative and finance reports. Mr. Briggs presented planning and zoning matters, Chief Obzud updated the Board on police issues, and Mr. Curley addressed matters of the Public Works Department. NEW BUSINESS Section 388-18 Stormwater Infiltration Waiver Request 480 Black Swan Lane Mr. Briggs introduced the Board to this item. On May 05, 2017, Hopkins and Scott, Inc., Property Owner s Surveyor, submitted a waiver request from Section 388-18 of the Code of the Township of Easttown to allow relief from the infiltration requirements due to poor soil conditions at 480 Black Swan Lake. Compliance with Section 388-18 is required through the Drainage Permit process. In lieu of infiltrating stormwater as required, the Applicant proposes an alternative stormwater system that provides water quality and peak runoff control that is found to be acceptable by the Township Engineer. On a motion by Mrs. Fadem, seconded by Mr. Heppe, the Board unanimously approved the requested waiver from Section 388-18 of the Township Code to allow relief from the infiltration requirements for 480 Black Swan Lane. Draft Ordinance 429-17 Advertisement Special Purpose Parking on Main Street Mr. Rau updated the Board in this item. The current Township Code does not provide for this type of parking and the Police Department is seeking to designate handicapped parking spaces on Main Street. The Township is seeking Board approval to advertise a proposed 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 430-18 as 430-19, to create a new section 430-18, Special Purpose Parking. On a motion by Mr. Polites, seconded by Mrs. Fadem, the Board unanimously authorized staff to advertise amending Chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown to provide for the renumbering of Section 430-18 as 430-19, to create a new section 430-18, Special Purpose Parking. 6
Discussion Speed Limit on Millbrook Road Chief Obzud introduced the Board to this item. The Department has received numerous calls from residents of Millbrook Road expressing their concerns that the road does not have a posted speed limit. Upon doing a visual check of Millbrook Road, and checking the Township records, Millbrook Road has never had an ordinance on record establishing a speed limit. According to the Pennsylvania Vehicle Code, drivers are informed that if a roadway does not have a posted speed limit, the default speed shall be 55 MPH. The Traffic Safety Officer believes that the reasonable speed for Millbrook Road should be posted at 25 MPH because this is a residential district and the two adjacent roads are posted at 25 MPH. Per Title 67 212.108. of the Pennsylvania Vehicle Code, engineering and traffic studies are not required for statutory speed limits. The Commonwealth states that local residential roadways statutory speed limit can be 15, 25, or 35 miles per hour. The Department is formally requesting an Easttown Township Ordinance passed to establish the posted speed limit on Millbrook Road to be 25 miles per hour for its entire length. Per 67 Pa. Code 212.108, Speed Limit Signs (R2-1) or a variable speed limit signs showing the maximum speed shall be placed on the right side of the highway at the beginning of the speed limit and at intervals not greater than 1/2 mile throughout the area with the speed limit. The first step is to publicly advertise the draft ordinance prior to consideration of adoption at a future Board of Supervisors meeting. Chairman Oram opened the floor to the public. Dan Cassidy, of 1016 Millbrook Road, stated his safety concerns about people currently speeding on the road. On a motion by Mr. Heppe, seconded by Mrs. Fadem, the Board unanimously authorized staff to advertise a draft Ordinance amending chapter 430 Easttown Township Traffic Ordinance of 1956, of the Code of the Township of Easttown at Section 430-10 to provide for a speed limit for Millbrook. Resolution 2017-13 - Sewer Planning Modules for Devon Yards After discussion, On a motion by Mrs. Fadem, seconded by Mr. Pioggia, the Board unanimously adopted Resolution 2017-13, Sewer Planning Module for Devon Yards. OLD BUSINESS None 7
PUBLIC FORUM Henry Collins, of 2169 Fox Creek Road, and Louise Story, of 2060 Buttonwood Road, discussed the need of a stop light at an intersection of Route 252 to assist residents on cross streets with making left turns. Mr. Collins, who is in favor of a stoplight, expressed wanting the light at Fox Creek Road. Mrs. Story, however, is against the stop light. Chief Obzud stated that this is an issue that the Township has researched and that it does not have the legal authority to put a light on a state road. He offered, however, to continue to pursue the issue and asked Mr. Collins to meet with himself and the Traffic Safety Officer. Michael Wacey, of 1049 Beaumont Road, asked if traffic issues are being examined as part of the Comprehensive Plan update and Mrs. Fadem stated that it was. Sue Laskin, of 156 Greenville Court, stated that she was in attendance representing Fair Districts PA and is concerned over voting rights and gerrymandering. Mr. Ward stated that he does not believe that his statements are being accurately reflected in the official minutes at public meetings and asked if he is allowed to tape or film future meetings. Mr. Rau responded that he does have that right. ADJOURNMENT The meeting adjourned 08:51 pm. Respectfully submitted, Kate Jones Recording Secretary 8