Charlestown Township Board of Supervisors Business Meeting Minutes of December 6, 2021

The first business meeting for December was held on December 6, 2021, at the Great Valley Middle School, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:00 p.m.

Announcements

The Board of Supervisors held an executive session on Nov. 23^rd at 11 a.m. to discuss legal matters.

Mrs. Csete stated that the Township was awarded a $699,307 grant from the DCED’s multi-modal transportation fund for improvements to the intersection of Phoenixville Pike and Yellow Springs Road/Sidley Road. This multi-year process will start with the design phase.

Citizens Forum

Mr. Rubenfield thanked the Township consultants for helping the Spring Oak residents and moving forward in the Beyond Meat discussions. The Zoning Hearing agreement points were discussed tonight:

• The trailer management plan will include movement within the parking lot but trailers are not permitted to park (to begin this week).
• Sound buffering blankets will be installed for the rooftop to reduce noise.
• The nitrogen area will be moved to the back of the plant before March 15, 2022.
• All improvements, along with the associated contractors and schedules will be provided in a report monitored by the Township.

Approvals

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

1. Minutes for the November 1, 2021, Business Meeting
2. The November 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for December 6, 2021
4. The Capital Fund - Open Space Projects Payable Report for December 6, 2021

Reports

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

Mr. Philips asked Mr. Wright to remind the owners of the Llewellyn Manor House at Swiss Pines about their obligation to avoid demolition due to neglect. Discussion followed regarding the conditions of the roof and floor and the need for a schedule of repairs. Mr. Wright will send a letter to open discussion and hopefully receive a tentative timeline.

Old Business

Cost Estimate for Infiltration Basin at Township’s Phoenixville Pike Property

Mr. Wright estimated the one-time construction cost of an infiltration basin at the Township’s Phoenixville Pike property at $80,000-$90,000. There is a 4-year window to demonstrate compliance. The basin will be approximately 60’ x 45’. Mrs. Csete is fairly certain that the COVID relief funds received by the Township will be available for this, but the Township CPA will confirm. Parameters for these funds are not entirely clear to PA townships yet and most seem to be adopting a “wait and see” stance on expenditures using these funds.

Mr. Philips moved to approve the design of the infiltration basin in 2022 with a targeted completion date in 2023. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, call the vote. All were in favor.

New Business

Settlement & Release Agreement – U.S. Surety Co.

After a brief history of the construction difficulties at Charlestown Park, Mr. Thompson said that $25,000 was not paid by the Township and retained for restroom repairs.

Mr. Kuhn moved to approve the execution of the settlement and release agreement with the U.S. Surety Co. to close out the 2015 Charlestown Park Improvement Project, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Revised Design Manual and Architectural Drawings for Devault Village at Spring Oak

Mr. Allen provided an update on the revisions to the Devault Village at Spring Oak Design Manual, which will be ready for consideration at the January meeting. He and Ms. Quigley discussed approval of all elevation styles and models. Then, the issues below were discussed for resale of the units (not the initial sale by JPOrleans).

1. Impervious coverage balance-site plans with the amount of impervious area or building area with allowances for patios, etc. will be provided to buyers prior to sale. This will help buyers understand the parameters for additions using impervious footage.
2. There was further discussion regarding plans relative to grading, patios, decks, using pervious materials, and new twins starting with decks vs patios.
3. Ms. McLean is preparing the documents.
4. Mr. Wright is keeping the records for the impervious coverage.
5. JPOrleans is notifying the initial buyers of the restrictions.
6. Mr. Allen will follow up with small concerns found by the Planning Commission in the Design Manual. The Parks and Recreation Board also has a question he will research later for Pickering Crossing.

Mr. Philips moved to approve the revised architectural drawings for Devault Village at Spring Oak, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Sign for the Riparian Buffer at Brightside

EAC Vice-Chair Ms. Armstrong requested approval to proceed with the design and installation of a sign at Brightside Farm beside the riparian buffer. The sign is required for PA Conservation District grants such as the one that funded the second tree plantings at Brightside Farm. It acknowledges the funding source similar to the one posted after Phase 1 in 2019.

Ms. Armstrong presented this to Parks & Rec on 11/18/21. They recommended the sign be consistent in structure with the other township park interpretive signs. The placement was also confirmed. The EAC (with conservation partners) will create the content and layout. The Parks & Rec Board will review it before sending it to the Supervisors. However, it was agreed that the sign may be made of stronger weather-resistant material, since some of the southern facing signs in the Township are not weathering well. This was confirmed by Mr. Kuhn. Mrs. Csete will provide the vendor information to Ms. Armstrong.

Mr. Philips moved to authorize the EAC to proceed with the design and placement of the sign, and Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Open Space Monitoring Program

Mr. Wright and Mr. Theurkauf discussed enforcement and correction problems from the findings in Mr. Theurkauf’s biannual open space monitoring reports. HOA’s vary in their responsiveness. Some try to make improvements, but some have done nothing for 4 years.

• Mr. Theurkauf said not all basins are monitored. But he does visit some smaller private basins. Inlets are often jammed with debris and leaves.
• He will scale back the number of basins he visits and Mr. Wright agrees since the HOA’s are obligated by the County to provide engineer reports.
• Mr. Kuhn said that 2 basins along Rees Road are not operating properly.
• Mr. Wright can send enforcement letters if Mr. Theurkauf sees no improvement on basins reported in poor condition year after year. The letter will include deadlines for the HOA’s.
• Mr. Wright mentioned the Township helping homeowners not incur huge expenses. He will create a list of individual basins on lots.
• Mr. Wright and Mr. Theurkauf will coordinate on future procedure and present their plan at the next meeting on Jan. 3^rd.

Resolution to Designate Agent for FEMA Financial Assistance – Hurricane Ida

Mr. Kuhn moved to approve Resolution #994-2021 designating Mrs. Csete as the Agent to make an application for FEMA financial assistance following Hurricane Ida, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Adopt Hazard Mitigation Plan

Mr. Hubbard explained the proposed hazard mitigation plan.

Mr. Philips moved to approve Resolution #995-2021 adopting the Hazard Mitigation Plan and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolutions for Tax Levy 2022 and Adoption of the 2022 Budget

Mrs. Csete gave an overview of the Tax Levy Resolution. Supervisors noted the proposed real estate millage (.75 for the last 17 years), Local Services Tax, Real Estate Transfer Tax, and Earned Income Tax for 2022, will all remain the same as in 2021. In addition, input has been received from the Township boards, commissions, and committees, therefore, the 2022 budget was also proposed.

Mr. Kuhn moved to approve Resolution #996-2021 setting the taxes for 2022, and Resolution #997-2021 adopting the Budget for 2022 as drafted on 10/18/21. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorize Advertising for Zoning Ordinance Amendment to allow Laboratory Use and Flex Use in the NC Zoning Districts

Mr. Thompson suggested a hearing to consider proposed Zoning Ordinance amendments to allow Laboratory Use for Scientific Research and Development in the NC-2 District, and Flex Use, in the NC-1 Zoning District.

Mr. Piliero moved to approve the advertising for Zoning Ordinance Amendments to allow Laboratory Use in the MC-2 district and Flex Use in the NC-1 Zoning district. The hearings will be held at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Philips seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Schedule and Authorize Advertisement for Reorganization Meeting

Mr. Kuhn moved to approve advertising of the Reorganizational Meeting to be held on January 3, 2022, at 7:00 p.m. at the Great Valley Middle School, Room 154, 255 Phoenixville Pike, Malvern, PA. Ms. Bednar seconded. Mr. Piliero call for discussion and there being none called the vote. All were in favor.

Escrow Releases

Mr. Philips moved to approve the following escrow releases on the recommendation of Mr. Wright:

1. Cedar Run #10 for $59,589.78
2. Devault Village at Spring Oak #2 for $172,571.60
3. Spring Oak Phase II #7 for $147,284.40. The is a reduced amount due to only 2 of the 4 basins being converted. Also, this does not include the “tot lot”.

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

Other Business

Adjournment

Mr. Piliero adjourned the meeting at 8:05 p.m. The next Business Meeting is scheduled for Monday, January 3, 2022, at 7:00 p.m. at the Great Valley Middle School.