Charlestown Township Board of Supervisors Business Meeting East Whiteland Volunteer Fire Association 205 Conestoga Rd., Malvern, Pa 19355 Minutes of May 3, 2021

The first business meeting for May was held on May 3, 2021, as a hybrid meeting with the public attending via remote dial-in/log-in via Webex due to the ongoing coronavirus situation.

Present

Call to Order:

7:02 p.m.

Announcements

There was an executive session on April 28, 2021, to discuss real estate matters.

Citizens Forum

No matters were brought forward.

Approvals

Mr. Kuhn moved to approve:

1. Minutes for the April 5, 2021, Business Meeting
2. The April 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for May 3, 2021.
4. The State Fund Accounts Payable Report for May 3, 2021.
5. The Capital Fund - Open Space Projects Payable Report for May 3, 2021.

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

Reports

Mr. Philips moved to accept the April 2021 reports #1-18 as submitted and Mr. ___ seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Hearing

Ordinance to Amend Zoning Ordinance – Height Regulations in Traditional Neighborhood Development Zoning Districts

The proceedings were taken by Mr. Mark Hegarty, court reporter. Mr. Thompson entered the following into the record:

T-1	Letter dated March 20, 2021, regarding Act 247 referral.
T-2	Public Notice
T-3	Proof of Publication
T-4	Response letter from the Chester County Planning Commission

Mr. Thompson asked if there were any questions from those present. No one came forward. Mr. Thompson closed the hearing.

Mr. Kuhn moved to adopt Ordinance #217-21 Amending Chapter 27 of the Charlestown Township Code by amending the Height Regulations in Traditional Neighborhood Zoning Districts #1 through 5 to a limit of 35 feet, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

Parks & Recreation Board Chairman Mr. Chris Lawrence gave an update on Jenkins Park and estimates for repairs at Charlestown Park.

Jenkins Park: Mr. Lawrence introduced Mr. Longua who drafted an updated concept plan for tonight. It increases the involvement of more of the wooded property at Jenkins Park. His rough sketch reflected:

1. Improvement to the original dirt walking path creates a larger path that is ADA compliant with a rubberized permeable surface. This surface, similar to the one at Chanticleer, would allow wheelchair access. Mr. Lawrence will contact reps at Chanticleer to see how that surface is wearing after ≈10 years of use.
2. Increased parking since usage at all Township parks is rising.
3. A new trail layout going deeper into the property was sketched.
4. A comfort area was added with a fenced and screened portable restroom.
5. Picnic areas were added.

Mr. Wright said sight distances for the driveway(s) would need to be reviewed. Mr. Philips suggested removing some of the back trail for security reasons.

Mr. Goodman mentioned that placing the parking where the former home stood would lessen the amount of tree removal. Also, the 10 acres across the street were going to be preserved.

The next step will be for Mr. Theurkauf to visit the park. Supervisors thanked the P&R for the well-thought-out suggestions.

Charlestown Park: Mr. Lawrence stated that the PMYC rep, Mr. O’Brien, was finished obtaining 3 quotes for the clubhouse repair. The $21,000 mark was almost exceeded, this would have forced the project to go out for bid. However, the project bid came in at $20,000, lower than initial estimates. Also, the PASC requested a small, separate project be added for $2,050 since contractors will be on site. A new roof will be put on their storage shed.

Roof	$12,550
Leaf guard gutters	$2,700
Garage Door	$1,150
Windows	$3,600
Grand Total	$20,000

Mr. Kuhn moved to approve the repairs at Charlestown Park subject to oversight by Mr. Wright. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Beyond Meat Update

Mr. Wright began by reminding the Supervisors that Beyond Meat was in exceedance for noise in February and March. Tonight, the April 27^th report was discussed since it was reporting noise exceedances for (a) refrigerated truck noise and (b) bangs from loading and unloading.

Since both of these noise sources continue to be a problem, Beyond Meat was given a Notice of Violation, which was sent to the CEO and President, Mr. Ethan Brown, and the plant manager. The letter will be similar to the previous Notice of Violation issued to Devault Foods. It requires Beyond Meat to “immediately take action and demonstrate that they have taken the necessary steps to bring the plant into compliance within fifteen (May 15^th) days of the date of this notice.” They have the right to appeal to the Zoning Hearing Board within 30 days. Without Beyond Meat action or appeal, the citations will begin. But Mr. Wright is hopeful that this Notice of Violation will produce helpful change for residents near the plant. As May 15^th approaches, Mr. Wright will check in with Mr. Thornton to see if the noise has reduced.

Mr. Wright and Mr. Rubenfield will meet with reps of the plant and take a tour, focusing on the odors and the filters.

1. Mr. Rubenfield said there are more refrigerated trucks in the lot than there ever were. Yet, Beyond Meat was supposed to begin utilizing an off-site warehouse to end this cause of exceedance. (There is no limit for the number of trailers allowed on their property).
2. Mr. Rubenfield said that although it was past the agreed-upon limit of 7 p.m., there was a nitrogen delivery going on at the moment of the meeting and it was very loud.
3. Mr. Rubenfield stated the odor continues and believes the plant doesn’t smell the odors like Spring Oak can (or at the intersection of Rees Road and Whitehorse Road). He believes the high stacks direct odor away from the plant.
4. The 2 lights remain an issue for glare.
5. Ms. Kim (no last name available) reported tonight that she was concerned about emissions and bi-products from the plant more than the odors. In April she talked to the Department of Environmental Protection and was told that there is no air quality permit required for Beyond Meat. But she believes this call triggered an external inspection. The field manager, Ms. Jillian Gallagher, Air Quality Environmental Group Manager for the southeastern PA region of the DEP, spoke with her after the inspection. Ms. Gallagher stated, “At this time, there is no requirement to have a permit.” But Kim is hopeful that Beyond Meat means what they say about being a good neighbor and will be open to further DEP research. Mr. Wright stated that the engineer at Beyond Meat will give a written report to Kim’s concern. Kim said further testing would need to be at the point of origin, at the stack, vs in a neighborhood or near the Turnpike.

Mr. Willig suggested Mr. Wright obtain a proposal for an air sample report so the Board can look deeper into this point.

New Business

Amendment to Potential Service Area Radii for Selected Recreational Areas Map in Parks, Recreation & Open Space Plan

Mr. Comitta created a proposed update to the Parks, Recreation, and Open Space Plan to include potential service area radii that can be used when determining the use of Fee-in-Lieu funds, such as those recently acquired from the Meyer subdivision. There is now a green line showing a 3-mile radius for Brightside Farm similar to the circle around Charlestown Park. The Board declined to adopt the map.

GreenWeaver Landscapes Proposal for 2021 Maintenance Devault Gateway

Supervisors discussed the report from Mr. Theurkauf, from Theurkauf Design & Planning. The report followed an evaluation of the meadows conducted the week of April 12^th with Mr. Nichols from GreenWeaver Landscapes. Assessment of the meadow project and suggestions for specific modifications to design and practice, by Ms. Stanton of Theurkauf Design & Planning, did not prevent Mr. Philips from suggesting a second opinion for the three areas on the report. Quotes reflect mowing is as costly as meadow maintenance. The area is subject to the Turnpike dirt and invasive seed spread, high winds, and not able to be burned once a year to control invasives. There is a dead tree there, plus no wildflowers appeared last year or this year. Mr. Willig agreed with the current condition being less than optimal and Mr. Philips will return with a new proposal after consulting with experts who manage the meadows at Longwood Gardens where he is a volunteer.

Award Contract for Road Equipment & Labor 5/1/21-4/30/22

Mrs. Csete referred to Mr. Wright’s review of the equipment & labor bids received on April 5^th. He recommended the contract be awarded to the low bidder, Cedar Springs Construction Co. Inc. This included snow removal.

Mr. Philips moved to award the Road Equipment & Labor contract for the period of 5/1/21 - 4/30/22 to Cedar Springs Construction Co. Inc. and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Contract for Tree Equipment & Labor 5/1/21 – 4/30/24

Mrs. Csete referred to Mr. Wright’s review of the tree equipment & labor bids received on April 26^th and he recommended the contract be awarded to the low bidder, Davey Tree Co. for $71,650.00. Mr. Weston, of Davey Tree, explained the increase was an adjustment for pricing that went back 10 years and now included labor costs for the trucks. The previous bids provided only truck equipment costs.

Mr. Kuhn moved to award the Tree Equipment & Labor contract for the period of 5/1/21 - 4/30/24 to Davey Tree Co. and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Thornton proposal for sound study at Allan Myers Devault Asphalt Plant

Mr. Wright referred to the 1/28/21 letter from Mr. Thornton outlining the scope of an acoustical study for the Allan Myers Asphalt Plant in Devault.

Mr. Philips moved to accept the Thornton Acoustics proposal for initial sound studies of the Allan Myers Asphalt Plant for $6,900 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

The Board asked Mr. Wright to discuss extensions to this proposal for additional studies.

Resolution to Amend Budget

Mrs. Csete provided details on the spreadsheet she previously circulated dated 4/26/21, proposing amendments to the 2021 Budget. Adjustments were made to the carryover figures for the Open Space Fund to reflect the actual year-end balance from 2020. Revenue from dividends and interest were reduced for all funds. Other items from the spreadsheet included an increase in revenue in the General Fund from (a) federal covid relief funds that can be used to reimburse for covid related costs and (b) $50,000 for sound engineering to cover the sound studies for Beyond Meat and the Allen Myers asphalt plant. An increase in expenses for Brightside Farm improvements was due to improvements that had been budgeted in 2020 carrying over to 2021. The Road Improvement project was increased by $50,000 due to an expansion of scope approved at last month’s meeting.

There was an increase in revenue due to the addition of two new special funds, including $24,325.00 for the Recreational Fee-in-Lieu Fund and $310,149.00 for the federal covid funds expected this summer.

Mr. Piliero moved to adopt Resolution #983-21 amending the 2021 Budget as proposed, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Dispose of Records #12

Mrs. Csete said per the state’s records disposition schedule, she proposed the destruction of selected financial records from 2013.

Mr. Kuhn moved to adopt Resolution #984-2021 authorizing the disposition of these records, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Mr. Wright distributed the detailed Road Improvements for the Township totaling $396,000. This will complete all remaining roads. Wells Road will be widened in addition to getting a new surface, and Charlestown Hunt will be finished. Mr. Wright will contact 2 landowners and publish notifications.

Mr. Philips moved to approve the Road Improvement expenditures and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Mr. Piliero moved to amend the budget again tonight to include an additional $150,000 increase for the larger than expected cost to finish the road improvements within the Township. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Adjournment

Mr. Piliero adjourned the meeting at 8:15 p.m. The next Business Meeting is scheduled for June 7, 2021, at 7:00 p.m., the location to be determined.