CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS MINUTES Great Valley Middle School, Room 154 255 North Phoenixville Pike, Malvern, PA Monday, April 4, 2022

Present

Call to Order:

7:00 p.m.

Announcements

1. TMAAC will hold a Zoom Meeting on April 28^th at 7:00 p.m. to provide an update on the Devault-Rail Trail Study. Pre-registration is required. A link has been posted to the Township website and Facebook page.
2. The Board of Supervisors held an executive session on March 7^th following the business meeting.
3. The Township’s annual Earth Day clean up is this Saturday, please feel free to call or visit the Township Office for more information if you’d like to join us.
4. Ms. Jill Green, of 4221 Howell Road, discussed stormwater damage resulting from logging behind her at 4219 Howell Road. Equipment showed up on 4219 in November of 2020 and residents expected a home to be built on the steep slope lot. Then there was a change in ownership that took place after the significant logging project was finished in January of 2021. The 9 acres are now a stormwater problem for her and she claims she has $57,000 worth of damage. She is in the process of installing an arena for riding horses but cannot continue until this is resolved.

   She continued that stormwater had already been a problem for 3 nearby properties including hers. She contacted the County and they told her that due to the size of the lot it did not require a logging permit, however other sources told her that this is incorrect since it is on a steep slope. She contacted the Chester County Conservation District, the Penn State Extension, and the Brandywine Conservancy, among others. The lot also should have been returned to a vegetative state. Subsequently, new owners filed a subdivision plan. Review of this plan was removed from the April 12, 2022 planning commission agenda for further revisions and conditional use application.

   Per Mr. Wright, the owner that removed the trees was obligated to get a logging permit, install an access drive, and apply for a NPDES permit but he has since sold the property. Mr. Thompson stated that the Conservation District was to monitor the permit, yet the Conservation District said it was too small for a permit (under 10 acres). They said it was the Township’s responsibility to monitor. The Penn State Forestry Initiative rep said it needed a permit since it was on a steep slope.

   Although the property, if improved, will fall under the new stricter County guidelines for stormwater management, the property cannot or may not be improved fast enough for Ms. Green. The Board asked the consultants what could be done.

   1. The Ordinance for Tree Protection on tonight’s agenda will address this type of issue in the future if approved.
   2. Mr. Wright suggested using the enormous amount of mounded material left behind to channel the water in a better direction as a temporary measure. He’ll contact the present owners’ engineer.
   3. Mr. Thompson ruled out the Township stabilizing the lot at the cost of the owner as it is private property.
   4. Mr. Thompson will see if the County Conservation District should have issued an NPDES permit and determine who has enforcement responsibility including the township, possibly through its stormwater management ordinance.
   5. Mr. Piliero wants consultants to return with the history, and remedies to at least stabilize the situation.
   6. The Board requested Ms. Green to obtain the written opinion of Mr. Michael Dunn, the rep she spoke to at the Brandywine Conservancy.
   7. Mr. Kuhn asked that Mr. Thompson make Ms. Green’s complaint a top priority.

Citizens Forum

The March report for Beyond Meat’s exceedances was received by Mr. Rubenfield and he was unhappy with the amount of noise from the tanks. The reefer trucks are not supposed to still be nearby, but they continue to be a problem. Mr. Wright will look into the complaint about the noise lasting all night for Ms. Bednar. He reminded the Board, that the agreement between Beyond Meat and the Township mentioned greatly reducing the reefer noise, but not removing it 100%.

Mr. Wright is talking with management at Beyond Meat about the March report and the expectation to have better report results for this year. But improvements continue, including decommissioning the gas tanks by this Monday. There is a sound wall for the rooftop being reviewed by the Beyond Meat engineering. Plus, Mr. Wright has also submitted an engineering writeup about the ozone technology and Beyond Meat’s engineering is reviewing this too. He will check back in two weeks if he doesn’t hear from them. He believes these have a lot of potential and will be beneficial to the neighbors.

The new call line contact is Mr. John Nelson, the vice-president of manufacturing.

Approvals

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

1. Minutes for the March 7, 2022, Business Meeting
2. March 2022 Treasurer’s Report
3. Operating Fund Accounts Payable Report for April 4, 2022
4. Liquid Fuels Fund Accounts Payable Report for April 4, 2022
5. Capital Fund-General Projects Report for April 4, 2022
6. Capital Fund-Open space Projects Payable Report for April 4, 2022

Reports

Mr. Hubbard is investigating the multiple false alarms in the monthly reports for 2022.

Mr. Philips moved to accept the March 2022 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.

Old Business

Mr. Philips asked the Roadmaster to relocate some debris found near the basin improvement project.

New Business

PA Turnpike Commission -Settlement Agreement

Mr. Thompson said he and counsel for the Turnpike Commission have come to terms on a proposed settlement agreement for the Turnpike’s challenge of the Conditional Use decision. The decision was issued in March 2022 by the Supervisors for the construction of the Devault Maintenance Facility.

Mr. Philips discussed the language regarding the change in water pressure. Mr. Kuhn and other Members wanted more research and Aqua America’s review. Mr. Thompson and Mr. Wright felt the data presented showed an insignificant change in water pressure.

Below is the excerpt of the settlement drafted that was discussed:

From page 3: Further, the Applicant agrees to cooperate with the water utility to investigate any potential future issue related to water pressure to the residential water users in the Charlestown Oaks development caused by the Applicant’s use of water from the utility system and shall engage and cooperate with the water utility to correct any identified water pressure issue for residential water users in the Charlestown Oaks development provided that the same shall not interfere with Applicant’s operation of the Applicant’s proposed development.

Mr. Philips moved to approve and execute the settlement agreement with the PA Turnpike Commission subject to Mr. Wright’s investigation and Aqua America’s review, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Apply for DCED Funds for Sidewalk Improvements at Yellow Springs and Morehall Roads.

Mrs. Csete said that Traffic Planning & Design assisted the Township in applying for a Statewide Local Share Assessment Grant of $178,025.00 from the Commonwealth Financing Authority. The funds will be used for sidewalk installation, pedestrian signal upgrades, and crosswalk improvements at the Morehall Road (SR 29) and the Yellow Springs Road intersection. The application requires a resolution from the Board requesting the funding and authorizing her to execute agreements on the Township’s behalf.

Mr. Philips moved to adopt resolution #1007-2022 requesting the funding and authorizing Linda Csete to execute the associated documents and agreements, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Open Bids for Road Equipment & Labor Contract 5/1/22 – 4/30/23

The sole road and snow bid was received by the deadline at noon today and read aloud tonight. Mr. Wright will review it for a recommendation at the next meeting on May 2^nd.

• Cedar Springs Construction $217,5000

Review Cost Estimate for 2022 Road Project and Authorize Advertising

Mr. Wright distributed this year’s Road Project data for resurfacing Blackberry Lane, Sidley Hill Road, Warner Lane, and Ridgewood Road except for the cul-de-sac. The Board discussed Warner Lane’s unique characteristics and Mr. Wright felt it could be completed to their satisfaction up to but not including the bollard and island area approaching Morehall Road. Mr. Wright will reach out to Traffic Planning and Design to request that they coordinate with PennDOT on designing a raised island to replace the bollards to improve the function and appearance of the road.

Mr. Philips moved to authorize the advertising of the larger scope road project as proposed, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Schedule Hearing to Adopt Ordinance for Tree Protection

Mrs. Csete explained the Planning Commission’s Tree Protection Ordinance and the possible placement on the June agenda. Mr. Thompson stated that the draft will be reviewed by the Chester County Planning Commission first. Mr. Philips will be submitting minor edits.

Mr. Piliero moved to authorize the advertising of a hearing to consider the adoption of the Tree Protection Ordinance, and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Escrow Release #6 – Devault Village at Spring Oak and Escrow Release #35- Pickering Crossing

Mr. Piliero moved to approve escrow release #6 for Devault Village at Spring Oak and escrow release #35 for Pickering Crossing. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Other Business

Mr. Wright was asked to check into the shoulder problem caused by construction vehicles on Rees Road.

Mr. Kuhn agreed to contact Bob Dettore to get a status on the project even if it meant getting a contractor schedules a year or two out to get them locked in. The Roadmaster will treat some ash trees in the cemetery.

There will be executive session after tonight’s meeting.

Adjournment

Mr. Piliero adjourned the meeting at 8 p.m. The next Business Meeting is scheduled for Monday, May 2, 2022, at 7 p.m., at the Great Valley Middle School.