Charlestown Township Board of Supervisors Business Meeting Minutes of November 1, 2021

The first business meeting for November was held on November 1, 2021, at the Great Valley Middle School at 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:02 p.m.

Announcements

The Township office will be closed for Veteran’s Day on November 11^th.

Citizens Forum

Beyond Meat

Mr. Lou Rubenfield summarized the Spring Oak residents’ disappointment with Beyond Meat’s odors, noise, and 73 violations to date. Mr. Thompson stated that the situation was going to the Zoning Hearing Board. After the legal “stay” on enforcements and violations during the hearing time, the Township may proceed with both.

The loud carbon and nitrogen transfers seem to be increasing since the ownership fully exchanged from Devault Food to Beyond Meat. At the hearing, the Township and Beyond Meat will present their sides using consultants and experts. Residents will be asked if they want to be made a “party” at the start of the hearing.

Ms. Lorraine Fillippo has been trying to personally negotiate the noise and odor situation since May of 2019. She has grown tired of 40-minute-long piercing sound with deliveries increasing from 2 to 4 on some days. She feels that it is destroying the community. This week she documented 3 loud misfires after 10 pm. She cannot wait for action in December and needs Township help now. She said the Beyond Meat team said Mr. Thompson should be able to openly discuss the next steps at the Township meetings and thought this was the next step to getting satisfaction.

Mr. Thompson said the Township had come to the same conclusion, and he asked Ms. Fillippo to continue documenting the noise and odors that will back up the consultant’s reports. Mr. Thompson and Mrs. Csete discussed the way residents can learn of the hearing date. One way is the website, and if the property of a resident is abutting the Beyond Meat plant, they will get an official notification by mail. Residents within 500 feet may also get official notification but will also learn about it from the Spring Oak HOA. Mr. Wright will be contacting a few residents to be sure they are updated. No reports have been forwarded to the DEP per Mr. Wright.

Stormwater from Hurricane Ida

Ms. Paula Wilson of Pickering Dam Road discussed the damage from Hurricane Ida from runoff coming from Swiss Pines and Charlestown Road. Mr. Wright has been to the location. He stated the driveway of stone was gutted badly. Bamboo from Swiss Pines and other debris filled the dam and stream in the back of her property. Mr. Hubbard has also received FEMA information from Ms. Wilson and a neighbor.

PennDOT has listed the area as a “to be repaired” intersection. She wondered if this area could be covered by the Multimodal Transportation Fund Grant (later in the agenda). PennDOT is the one responsible for the drains in the area. Mr. Wright has a meeting with PennDOT about Phoenixville Pike and will discuss this too. He also said he visited 20 properties due to Ida. Swiss Pines will also be contacted.

Approvals

Mr. Kuhn moved to approve:

1. Minutes for the October 4, 2021, Business Meeting
2. Minutes for the October 18, 2021, Budget Work Session/Business Meeting
3. The October 2021 Treasurer’s Report
4. The Operating Fund Accounts Payable Report for November 1, 2021
5. The Capital Fund - General Projects Report for November 1, 2021
6. The Capital Fund - Open Space Projects Payable Report for November 1, 2021

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

Reports

Mr. Kuhn moved to accept the October 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.

Presentation

Larisa Greway – Eagle Scout Project

Prospective Eagle Scout Candidate Larisa Greway presented her plan for hopscotch and a life-size checkerboard at Charlestown Park. She will make waterproof 9” diameter checkers and store them in an outside locked utility box. A QR code will be on the box and the code will be on the website for access. She plans on making an 8’ x 8’ board and was pleased to hear that the Township was willing to fund this project in its entirety.

Old Business

New Business

Certificate of Appropriateness – 69 Hillsover Lane, William & Jo Anna & Kara Dougherty

Mrs. Csete provided an overview on the application for demolition and an addition on a historic resource residence, as it was only a foot beyond the original footprint. Mrs. Rosemary Philips had recommended its approval following a HARB hearing on October 12^th.

Mr. Kuhn moved to approve the Certificate of Appropriateness for William, Jo Anna, and Kara Dougherty at 69 Hillsover Lane, 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 – Priyesh Malvankar of 13 Oakbrooke Ct

Mr. Priyesh Malvankar presented his application for a variance to permit a deck extension into the open space at Charlestown Meadows. He will extend the deck 9.5 feet although the setback was set at 6 feet. Mr. Wright stated he had no problem with the request.

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

Conditional Use Decision for PA Turnpike Commission

Mr. Thompson gave a brief description of the conditions for the Pa Turnpike Commission for which a hearing was held on October 4^th. The applicant requested a 30’ easement for utilities (sanitary sewer, electric, natural gas, and water). It will end at Yorktown Court in Charlestown Oaks and service the proposed new Devault Maintenance Facility. The land (parcel 35-3-102) is owned by the Charlestown Oaks HOA. The conditions are below:

1. The applicant shall comply with the record and complete all improvements listed in the Advanced GeoServices letter dated 9/13/21 and 9/29/21.
2. Aqua’s connection will not change the Charlestown Oaks water pressure (to be confirmed).
3. Steep Slope disturbance is to be mitigated in accordance with the approved plan.
4. Tree fencing is to be used.
5. Maintenance to be established for healthy grasses and plantings.

Mr. Kuhn moved to approve the written decision for the Pa Turnpike Commission to construct utilities in steep slopes, subject to approved conditions, as part of the future land development for a new Devault maintenance facility and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

NORR Proposal to Prepare Construction & Permit Documents for Office Fit-Out at 11 General Warren Blvd

Mr. Willig stated that an initial budget was requested in October to assist in producing the fit-out documents needed to begin the first phase and continue the project through to completion. The documents will be completed in phases with Mr. Dettore and Mrs. Csete overseeing their progress. There are 4 minor edits involving technical, audio-video, access to controls, and acoustical consulting, that will be added during one of the phases. Items relating to the Terms and Conditions will be struck per Mr. Thompson’s advice.

Mr. Piliero moved to approve the proposal from NORR Inc. to prepare the fit-out and permit documents for the fit-out of 11 General Warren Blvd., and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Update on Jenkins Park Planning

Mr. Dan Mount, a member of the Parks & Rec Board, gave an update on their planning efforts with consultant Ms. Stanton Murphy, of Theurkauf Design and Planning. With a portrayal of the Jenkins Park draft after months of discussions, Mr. Mount and Ms. Stanton Murphy discussed the amenities:

ADA 8-foot paved trail ≈.65 miles long	Shade structure for wet weather
Natural playground	Minimal site disturbance
Disc golf (non-regulation, 9-hole)	Pollinator garden
Picnic tables
A wooded natural classroom with log seating
20 car parking lot with extra permeable stable additions possible

• Ms. Bednar wanted an expert to consider the safety of the golf layout. Ms. Stanton Murphy said they could reduce the number of basket goals.
• Mr. Kuhn wanted to keep it from being a destination and focus more on local family usage. He thought it may help to reduce the baskets to 5 and keep them towards the back. The baskets could be pulled if the course wasn’t used.
• A disc golf course does not use Frisbees, would not require clearing the land, and requires no maintenance. Mr. Mount stated there was a course in Phoenixville, there may be one coming to East Pikeland.
• Mr. Willig asked about the slope and the steepness of the trail. Mr. Theurkauf had carefully set the trail so that grading would be minimal.
• Ms. Jeanette Grabe stated that keeping the trees was very important. Also, the demographics she reported for disc golf put males there from ages 18-30. She asked to please remove the unnatural portable restroom that would be there for the classroom. Mr. Mount said that 3 ladies had come to 3 different meetings to request disc golf at a Township park.
• Ted Winicov stated he knew Katherine Jenkins and she wanted to preserve the woods. He wanted only an unpaved trail. Everything else was going to bring traffic and not what residents want who love the Township and live nearby.
• Mr. Isaacs, a neighbor, also sent an email to Supervisors not supporting the disc golf and his comments are on file.
• Mr. Tim Pappas said the frontage was too much for the vision of the former property owner. He thought there would be a security problem due to the disc golf demographics.
• There was no conversation with local schools about the need or possible usefulness of an outdoor park classroom.
• Mr. Kuhn reminded the audience that the property was purchased to prevent a dense development and not donated to the Township by Ms. Jenkins. The Supervisors need to provide recreation for the residents but not make money doing it.

Mr. Mount will return with a version that is scaled back to just a trail and half the parking with one road as access. Supervisors may decide to include the playground.

Signal Service Contract

Mrs. Csete noted the current contract is in place until February 1^st of next year, but a 60-day notice is required to either terminate the agreement at that time or extend it for an additional year. She contacted Mr. Herb of Armour and Sons, and he said the current rate of $65.00 per hour would be increased to $70.00 per hour if the contract was extended. She confirmed with the Roadmaster, Jim Thompson who was present this evening, that he is very satisfied with Armour’s work.

Mr. Kuhn moved to extend the current contract with Armour & Sons Electric Inc., for an additional year to February 1, 2023, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution to Apply for PennDOT MTV Grant for Improvements at Phoenixville Pike/Yellow Springs/Sidley Rd Intersection

Mrs. Csete said that East Whiteland Township agreed to partner with Charlestown to submit this grant application seeking additional funding for the proposed signal improvements at Phoenixville Pike/Yellow Springs Rd/Sidley Road. Traffic Planning & Design prepared the application, which has a deadline of 11/5/21.

Mr. Kuhn moved to adopt Resolution #991-2021, authorizing the submission of the grant application, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

MS-4 Program Update

Mr. Wright updated the Board on the MS-4 program with a suggestion to design and construct an infiltration bed at the Township’s property at Phoenixville Pike and Yellow Springs Road. This would all at once make Charlestown Township compliant with MS-4 regulations.

To prevent road grit from entering the stream or coming onto the street, Mr. Wright suggested using standard grading with a stormwater basin. It would be complete with plantings and check dams with a 4-bay design. The Township will need to budget the necessary maintenance besides the one-time project cost. This would justify not moving forward with the street sweeping plan and still meet the demanding criteria set by the DEP. At the same time, it will accomplish a solution for a problem area because the infiltration bed would filter out the grit. He will return with an estimate and better pictures of the site.

Website Design & Maintenance Agreement 11/1/2021-10/31/2022

Mrs. Csete presented the proposed agreement with Mr. Allen Underkofler, who proposed no rate increase.

Mr. Piliero moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2021 to 10/31/2022, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution Re-Adopting the Emergency Operations Plan

Mr. Hubbard stated he had reviewed the existing Plan and determined that the Plan remains current and needs no amendments.

Mr. Piliero moved to adopt Resolution #992-2021, re-adopting the Emergency Operations Plan of Charlestown Township and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize Advertising for Adoption of 2022 Budget for December 6, 2021

Mr. Piliero moved to authorize the Township Manager to advertise the proposed 2022 Budget for consideration of adoption at the December 6, 2021 Board of Supervisors Meeting. The meeting is at 7:00 P.M., at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Authorize Advertisement of Intent to Appoint a CPA to Audit the 2021 Accounts

Ms. Bednar moved to authorize the Township Manager to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting, to conduct the 2021 audit. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Escrow Release #1 Devault Village at Spring Oak and Escrow Release #2 for The Meadows

The request for contingency funds for The Meadows was denied by Mr. Wright. Mr. Kuhn moved to approve Escrow Release #1 for Devault Village at Spring Oak and Escrow Release #2 for The Meadows and Mr. Piliero seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Ms. Kim Hoover-Frey was concerned about the basins filling near Whitehorse Road. Mr. Wright said that they are in a process of converting them post-construction. After the developer converts them, they will work better. The area at Whitehorse Road was impassable during Hurricane Ida. But Mr. Wright said stormwater from that area goes toward the Turnpike. He will contact her for further discussion.

Adjournment

Mr. Piliero adjourned the meeting at 8:25 p.m. The next Business Meeting is scheduled for Monday, December 6, 2021, at 7:00 p.m. at the Great Valley Middle School.