Charlestown Township Board of Supervisors Business Meeting Minutes of September 7, 2021

The first business meeting for September was held on September 7, 2021, at the Great Valley Middle School at 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:00 p.m.

Announcements

The Township is still on a boil water advisory for Aqua PA customers until further notice.

Citizens Forum

Mr. Piliero explained that moving forward, concerns with Beyond Meat should be directed to Mr. Wright outside of the township meetings due to ongoing litigation and talks with the company.

Approvals

Mr. Kuhn moved to approve:

1. Minutes for the August 2, 2021, Business Meeting
2. The August 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for September 7, 2021.
4. The Capital Fund - General Projects Report for Sept. 7, 2021
5. The Capital Fund - Open Space Projects Payable Report for September 7, 2021.

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

Reports

Mr. Kuhn moved to accept the August 2021 reports #1-17 as submitted and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Hearing

Hearing to Adopt Phoenixville Regional Planning Commission Comprehensive Plan

Mr. Theurkauf displayed 4 maps for the Board.

1. Future Land Use Map 2
2. Regulated Natural Resources Map 3
3. Forest Cover & Prime Agricultural Soils Map 4
4. Open Space & Recreation Map 7

Ms. Armstrong asked if there were any local townships that would be beneficial for inclusion into the group and Mr. Theurkauf said he thought Spring City was a good fit with Phoenixville, and also East Vincent. Discussion continued regarding advantages of others joining, locations of other intermunicipal groups, and regional relationships.

An audience member asked if there were any large shopping or grocery stores planned or any area that was zoned favorably for such development. Mr. Theurkauf mentioned the following areas as favorable for development but knew of no pending improvements.

• Route 29 and Devault
• Chester Springs Village
• Ludwig’s Corner
• The corridor of routes 23 & 724
• Phoenixville

Following the close of the hearing, Mr. Kuhn moved to adopt Resolution #989-2021 adopting the Phoenixville Regional Comprehensive Plan and the Municipal Comprehensive Plan, subject to future resolutions. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business

Allan Myers Noise Study Update

Mr. Thompson is coordinating a meeting with representatives from Allan Myers, to discuss ways to mitigate the results of the June acoustical monitoring report for future. The asphalt plant exceeded the permitted noise limits daily during both daytime and nighttime hours near the Pickering Crossing community.

Devault Basin Proposal

Mr. Philips introduced Mr. Jon Kasitz, from Resource Environmental Solutions, for the improvement of the meadows at the Devault Gateway. The scope includes 3 phases, the design, planning, and a 3-year maintenance schedule for $35,749.82. It does not change the structure of the basins; it specializes in the vegetation. The goal is a visual that beatifies the slopes at the Turnpike using native plants with a blooming sequence. Mr. Kasitz distributed a list of species and company information.

There would be periodic reviews by RES for the Board of Supervisors and site visits that could include watering, spot treatments, localized sprayings, reseeding, etc. Mrs. Armstrong suggested soil testing since the location is highly urbanized and subject to toxic run-off, very dry conditions, and full sun. The EAC will also review the information.

The design phase would involve measuring and obtaining material lists. The proposal includes an initial clearing, then removal of invasives, and watering. A 3-year watering schedule is not included in the estimate from RES. With Aqua’s hydrant use being costly, the President of the East Whiteland Fire Company, Gary Sheridan, offered tanker services for watering (the Roadmaster will coordinate). Mrs. Csete will notify the current contractor to discontinue basin services.

Mr. Kuhn moved to approve the proposal for professional services by RES and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

President Sheridan said that the fire company responded to 40 calls in the hours surrounding tropical storm Ida. The fire company and the Supervisors hope PennDOT and the state of Pennsylvania make storm drain improvements to end the flooding that tends to occur at Route 29 as it intersects with both Charlestown Road and again at Route 30.

New Business

Declaration of Disaster Emergency

The Supervisors ratified the Declaration of Disaster Emergency for Charlestown Township which provides funding to take care of costs associated with tropical storm Ida.

for Charlestown Township beginning on September 3^rd, 2021, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Appointment to Parks & Recreation Board

Ms. Stephanie Robinson was recommended by Mr. Chris Lawrence for the unexpired term ending 12/31/2023.

Mr. Kuhn moved to approve the appointment of Stephanie Robinson to the Charlestown Township Parks and Recreation Board, and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Zoning Hearing Board Application Overview – Bill Davison for 3250 Phoenixville Pike

Mr. Davison provided an overview of a proposed flex building at 3250 Phoenixville Pike, parcel 35-4-98.1. The parcel is .79 acres and was part of the approved subdivision plan for the Commons @ Great Valley as a non-conforming lot. It was originally combined with an adjacent .80 parcel now separately owned by the Township. A spur of train track separates his parcel from his second parcel and is proposed for a bike trail. Currently, the property is zoned NCR1 and it is the only Township NCR1 not developed. He wants to put a 6,000 square foot flex building on it with parking.

1. He needs front and rear footage relief, since he needs 60 feet for each and has 55 and 20 feet instead.
2. He would like to have the Board’s recommendation for the ZHB since he has a non-conforming lot of less than an acre.
3. He needs a use variance which is not typically easy to obtain.
4. His property contains a right-of-way.

Some Supervisors were reluctant to support the plan when a zoning change application would be cleaner. Mr. Kuhn suggested changing the zoning so that both properties were NC-2 so the requested relief would not be necessary. Some asked about truck traffic, and Mr. Davison indicated he didn’t anticipate larger tractor trailers, mostly box trucks with deliveries. Discussion followed.

Mr. Kuhn moved to take a neutral position toward the application and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Commons @ Great Valley Parking Lot Expansion – Final Land Development Plan

Ms. Gina Gerber of Riley, Riper, Hollin, and Colagreco, along with Mr. Adam Loew (J. Loew Associates Inc.), and Mr. Adam Brower of Edward B. Walsh & Associates, Inc., presented the revised Preliminary/Final Land Development Plan dated 5/17/21. It proposes expanding the parking lot adjacent to P.J. Whelihans to add 37 new parking spaces. The plan previously obtained a variance on 5/6/21 to allow 61.85% impervious coverage, which exceeds the 60% maximum.

Representatives explained the two-compartment system replacing the current rain garden. The height of the berm will not be impacted. No additional spots are going to be requested in the future and will be noted on the Plan. A waiver is needed to keep all parking spots the same 9’ x 18” (not 9’ x 20’ as stated in the Zoning Ordinance). The DRC unanimously approved the Plan. All consultant letters were deemed “will comply”.

Mr. Kuhn moved to approve the Final Land Development Plan for Parking Expansion at the GV Commons Lot One LP subject to the consultants’ review comments. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Charlestown Landscaping Proposal for frontage of Phoenixville Pike property

Although the Roadmaster said the frontage near Charlestown Landscaping along Phoenixville Pike is supposed to be mown by the state, it continues to be neglected. Supervisors are taking steps to enhance the appearance, beginning with Mrs. Csete coordinating with the roadside mower. A fence was suggested by Mr. Kuhn.

Mr. Kuhn moved to accept the 8/5/21 $13,975 proposal from Charlestown Landscaping to clear the frontage of the township-owned land along Phoenixville Pike, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Extension of Services for Thornton Acoustics to December 31^st

Mr. Philips moved to accept the 8/11/21 proposal from Thornton Acoustics to extend the noise monitoring of Beyond Meat through 12/31/21, and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Office Relocation

Supervisors have been negotiating a lease for office space over the past few months that will not only expand the administrative areas but include an Emergency Operations Center, a conference room, and a meeting room that can accommodate a maximum capacity of 40 persons. Following fit-out of the space, the Township anticipates moving its offices in Spring 2022. The space is 5,300 square feet in a shared building, with an area for inspectors to touchdown and more than enough parking.

Mr. Kuhn moved to execute the lease for the rental of the offices to include fit-out for a five-year term with options to extend for two additional five-year periods, subject to finalization of the lease document by the Solicitor. Mr. Philips seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Design Services Proposal from Norr partnership

Mr. Kuhn moved to accept the July 15, 2021 proposal from Norr Partnership for design services subject to the Township entering into an agreement for lease and fit-out of the space under agreement. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Annual MS-4 Update

Mr. Wright gave the annual update to the Township’s MS-4 Program. It was clear that Supervisors thought street sweeping was the last choice. Mr. Wright told them the Township has 4 years to finalize their plan, and that Tredyffrin may be interested in providing services with their new sweeper. Mr. Wright thought this was a good option since Warner Road is the only road in the DEP’s designated area. Parking lots could also be added to meet the minimum required collection of run off material. But the responses were varied:

1. Why sweep private property to meet DEP standards?
2. If this is performed on private property, it could bring up liability issues.
3. Mr. Kuhn asked about the legality of the requirement, but PennDOT and the Turnpike also have to meet these standards.
4. Ms. Bednar wanted to know about more options.
5. Ms. Armstrong said the stream is declining and the Township shouldn’t avoid private property sweeping.
6. Mr. Philips wants proof that the grit is coming from within the Township and not being brought in by traffic.
7. Supervisors discussed sharing this burden with future developers.

Mr. Wright stated that he would return with some new alternatives to sweeping private property since Warner Road was not going to be sufficient.

Update to 2009 Recycling Ordinance to Comply with DEP Regulations

Mrs. Csete requested that the Supervisors engage the solicitor to craft amendments to the 2009 recycling ordinance to comply with DEP regulations. Mrs. Csete received a call from the DEP recycling coordinator, Ms. Mary Alice Reisse. Mrs. Csete outlined the needed changes to continue eligibility in the Act 101 Grant Program.

1. Add a requirement about separating leaf waste.
2. Add requirements and substance to the waste haulers ordinance section.
3. Add requirements for recycling at community events.
4. Submit the updated draft ordinance to the DEP before passing it.
5. Notify haulers of changes.
6. Update and improve educational materials.
7. Submit proof of an enforcement program.

Minimum Municipal Obligation 2021 – Pension Plan

This item was tabled.

Schedule Conditional Use Hearing for PA Turnpike Commission

The Conditional Use Hearing was scheduled for October 4, 2021 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA for 7:00 p.m. The construction is taking place in Steep and Very Steep Slopes. The Turnpike has been notified of overdue review fee payments.

Other Business

Adjournment

Mr. Piliero adjourned the meeting at 8:37 p.m. The next Business Meeting is scheduled for Monday, October 4, 2021, at 7:00 p.m. at the Great Valley Middle School.