Charlestown Township Board of Supervisors Business Meeting East Whiteland Volunteer Fire Association 205 Conestoga Rd., Malvern, Pa 19355 Minutes of June 7, 2021

The first business meeting for June was held on June 7, 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:

7:00 p.m.

Announcements

1. Matt Cole, Assistant Fire Chief for Kimberton Fire Company, introduced himself and reported that the new fire/rescue truck is now in service, and thanked the Township for its capital contribution in 2020. He also announced that the Kimberton Fair would take place from July 26 - July 31.
2. Mrs. Csete announced that there were executive sessions on May 18th, 2021, at 2:30 pm and May 27^th, 2021 at 1:00 pm to discuss real estate matters.
3. The July meeting will be held on Tuesday, July 6^th since July 5^th is the federal holiday for Independence Day since the 4^th falls on a Sunday.

Citizens Forum –

No matters were brought forward.

Approvals

Mr. Kuhn moved to approve:

1. Minutes for the May 3, 2021, Business Meeting
2. The May 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for June 7, 2021.
4. The Capital Fund - Open Space Projects Payable Report for June 7, 2021.

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

Reports

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

Mr. Thompson made the following announcement: On June 3, 2021, Beyond Meat, Inc. filed an appeal of the Notice of Violation to the Charlestown Township Zoning Hearing Board. Both the Notice of Violation and appeal are public documents that may be obtained from the Township. Once the Zoning Hearing Board schedules a hearing, which it has 60 days to do, interested parties may request party status to the appeal and participate as may be permitted by the Zoning Hearing Board. Issues related to the appeal are now in the jurisdiction of the Zoning Hearing Board. At future Board meetings the Board of Supervisors may announce, through its Solicitor, any relevant updates on the matter of the enforcement and appeal. All future communication will be through the Board’s Solicitor and the Board will have no future public comment on the matter outside of these updates, as the matter is now being actively litigated. All ongoing complaints are to continue to be reported to the Township Engineer.

Mr. Lou Rubinfield asked for clarification that Beyond Meat has 30 days to appeal when the violation notice gave 15 days. Mr. Thompson responded that the Municipalities Planning Code allows the longer period, and it supersedes the language of the notice and acts as a “stay” for the notice while the matter is being adjudicated.

Mr. Rubinfield asked if continuing violations would be addressed, noting the violations that were reported in the May sound study, and Mr. Thompson said yes, residents should continue to report them to Mr. Wright so the Township can decide on further action.

Mr. Rubinfield reported that his neighbors, Naresh Voota and Sandeep Kumar, continued to have lighting complaints. Mr. Wright said he recently met with Mr. Kumar, and Eric Strunk from Beyond Meat informed them they will be changing over their high pressure sodium bulbs for a metal halide L.E.D. option that should improve the lighting situation.

Mr. Rubinfield asked if Beyond Meat’s land development review was placed on hold due to the zoning hearing board appeal, and Mr. Thompson clarified that the applicant wished to address issues they have with the adjacent property owner and is not due to the appeal. The

applicant granted the Township an extension to take action on the revised Final Plan and they are taking steps to move forward with it. Mr. Wright said they submitted revised plans and are expected to appear at the July Planning Commission meeting.

Old Business –

none

New Business

Hartman Run

Mr. Kuhn moved to authorize the Solicitor to appeal the Court of Common Pleas decision to grant the motion to dismiss in the Hartman Run condominium case, and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Devault Village at Spring Oak

Mike Allen provided an update on the Design Review Committee’s (DRC) review of the revised final plans, grading plans, and garage plan that partly comprise the revised final plan submission for Devault Village at Spring Oak, which currently has conditional final approval.

Mr. Allen said the revised plans flattened the grading in one open space area and addressed concerns over impervious surface coverage. Mr. Allen said Mike Richter, a DRC member, suggested flipping two driveways that mirrored each other to improve the green space. Mr. Larry Dugan of JP Orleans indicated he had no problem making these additional minor revisions and found the proposed driveway width change acceptable as well.

Mr. Allen said 9 pages of the Design Manual will be affected by the revisions and the site plan needs to be replaced with an update. A new graphic sheet for the manual will be needed to depict the ½ tuck-under garage units. He asked the Board if the Design Manual updates should take place as they occur or have one update at the end of the project. Mr. Kuhn said waiting would run the risk that old information would be provided for property sales. Mr. Dugan said JP Orleans will do the cut sheets now, before any building permit is submitted. Mr. Philips said if the manual updates could be coordinated with permit issuance that would be agreeable. Mr. Allen said they will require that all change orders be carefully documented and submitted to the township office as the project moves forward and Mr. Dugan indicated he understood.

Mr. Thompson referred to the use of the construction entrance off Rees Road, which would be required for all construction traffic with no traffic through Spring Oak Roads. Mr. Allen noted that it will be the developer’s responsibility to monitor and control this traffic, and Mr. Dugan said he’s aware of their responsibility.

Mr. Thompson indicated that the Public Offering Statement indicates that Beyond Meat operates 24 hours per day and also points out the nearby PA Turnpike, communications tower, and the existing pipelines. He said the Supervisors want this information to be displayed more prominently in the Statement rather than a small section in the middle of the document and he discussed this with the applicant’s counsel. Mr. Dugan said as the developer they are amenable to this change and the provisions would also be included in the agreements of sale. Also included in the Agreements, as well as in each deed, would be an indication of the impervious coverage limit for each lot.

Mr. Allen asked for confirmation that the homeowners’ associations for Spring Oak and Devault Village at Spring Oak would be merged, and Mr. Dugan said yes. Mr. Allen noted this HOA document will have to be updated to reflect the inclusion of the new property.

Mr. Kuhn moved approve the following:

1. The amendment dated 6/4/21 to the conditional Final Plan
2. Stormwater Management Agreement
3. Subdivision & Land Development Agreement
4. Financial Security Agreement
5. Updates to the Design Manual prior to issuance of the first building permit
6. Update to the Public Offering Statement

subject to Mr. Thompson’s review comments dated 5/25/21 and all the consultants’ review comments. Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Mr. Philips thanked the applicant for their good communications throughout the process, and in return Mr. Dugan thanked the Design Review Committee for their efforts. Mr. Dugan indicated he’d like to schedule a pre-construction meeting with Mr. Wright as soon as the documents can get assembled and the bond posted. Mr. Thompson will prepare the finalized documents after coordinating with the applicant’s attorney tomorrow.

Gary Sheridan of the East Whiteland Volunteer Fire Association asked JP Orleans to consider a capital contribution to the fire company, and Mr. Dugan said he’d be glad to have a conversation with him.

Hearings to Expend Open Space Funds

Mr. Thompson stated that a public notice was placed in order to hold tonight’s hearing for consideration of acquisition of interest in a conservation easement with the French & Pickering Creeks Trust for the Crowell property in Charlestown Township.

He stated that the 111.4-acre Crowell property is comprised of parcels 35-2-76, 35-1-12, 35-2-5, and 35-2-5.1 along Charlestown and Church Roads. He asked for public comment and there was none. Since the resolution to expend the funds was adopted last month, there was no need for a vote at the conclusion of the hearing.

Open Bids – Road Improvement Project

The Supervisors opened the following bids for the 2021 Road Improvement Project:

Charlestown Paving & Excavating Inc. $210,750.67
Innovative Construction Services Inc. $202,755.85

Mr. Wright will review the bids and provide a recommendation for the contract award scheduled for the July 6, 2021 Board of Supervisors meeting. These prices do not include the cost of materials.

Insurance Renewal 6/11/21 – 6/11/22

Mrs. Csete said she and the Township insurance broker, Mr. Ken Moyer worked on renewal applications with the Hudson Insurance Company for the past two months and provided some details. The total cost has decreased slightly from last year.

Mr. Kuhn moved to accept the insurance proposal from Hudson Insurance Company for the period of June 11, 2021 - June 11, 2022, and Ms. Bednar seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Escrow Release #1 Meadows

Mr. Kuhn moved to approve Escrow Release #1 for the Meadows subdivision and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Other Business

Devault Basin Meadow Management

Mr. Philips said he spoke with experts at Longwood Gardens, who suggested that the Township consult with people who understand urban renewal, so he arranged to meet with Kevin Fryberger of the Brandywine Conservancy tomorrow to discuss the best way to manage the meadow areas in Devault and inquire as to any fees for their services. He invited Environmental Advisory Committee chair Pete Goodman to join him.

Mr. Kuhn announced that the fledgling kestrels at Brightside Farm would be banded at 1 pm tomorrow and they’ll be seeking names for the birds from the public.

Adjournment

Mr. Philips announced there would be an executive session following the meeting to discuss legal matters. He moved to adjourn the meeting and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor. Mr. Philips adjourned the meeting at 7:53 p.m. The next Business Meeting is scheduled for July 6th, 2021, at 7:00 p.m. with the location to be posted on the website after determining if meetings can resume at the Great Valley Middle School.