CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS MINUTES Great Valley Middle School, Room 154 255 North Phoenixville Pike, Malvern, PA Tuesday, November 7, 2022

Present

Call to Order:

7:03 p.m.

Announcements

There was an executive session before to tonight’s meeting to discuss legal matters.

Citizens Forum

Mr. Lou Rubenfield reported bad odor from the Beyond Meat facility again this month. The cooking process smell can be detected from Spring Oak and farther away on Whitehorse Road. Some cooking lines have been removed and some filters have been put in, but the odor still remains. Mr. Wright will revisit the subject at the next meeting even though engineers at the plant have dismissed the ozone process suggestion made by the Township. The Supervisors would like Mr. Wright to research other alternatives.

Ms. Sharon Richardson, Charlestown resident of Hedgerow Lane, and member of the EAC, read a statement aloud she prepared for the Board tonight regarding a neighbor with a collection of debris in the yard. She described the collection of dead cars, etc., that began in the back of the house and had increased towards the front yard. She claims neighbors can see it from Bodine Road. She mentioned past actions by Mr. Wright, rodents, health and safety violations, fire risk, and a deadline of today, to remediate the problem. She was very disappointed in the way the Township handled the situation.

The Supervisors provided pictures of the results of today’s cleanup and confirmed they will continue to monitor the property until the job is complete. The Board and Mr. Wright agreed that the resident, in attendance tonight, had removed the majority of the eyesore and the balance would soon be gone. The resident, also present, said she planned on continuing until finished, but had several personal issues and the pandemic to get through after Mr. Wright’s initial phone calls and letters.

Ms. Green asked what the typical timeline for a project like this was and what would be the final effort by the Township if nothing would have been done. Mr. Wright stated residents are given 60 days to mitigate, with a significant reduction expected in 30 days. This is the typical time allowed to remediate a property in this condition. A judge sets a fine that can be up to $1,000 a day. Mr. Steinberg, a neighbor on the lane, offered his assistance. He is concerned about his border because his view hadn’t improved much today and rodents are a problem. He said residents want to sell their homes on the lane and feel their properties are being devalued. Mrs. Richardson felt it was due to the Township’s lack of persistence and follow-through. Although the resident under scrutiny understood everyone’s concern, she did not accept help and maintained that she would continue to move forward.

Approvals

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

1. Minutes for the October 3, 2022, Business Meeting
2. Minutes of the Oct. 18, 2022, Budget Work Session and Business Meeting
3. October 2022 Treasurer’s Report
4. Accounts Payable Report - All Funds for November 7, 2022

Reports

Mr. Kuhn moved to accept the November 2022 reports #1-16 as submitted and Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Hearings

Conditional Use Hearing for Seven Stars Pharmaceuticals LLC

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing for Seven Stars Pharmaceuticals LLC at parcel #35-5-106, 3222 Phoenixville Pike located in the Industrial/Office district. The business, which plans to grow from 2 employees to ≈12, is seeking Conditional Use approval for laboratory use. No one in attendance requested party status.

The following Township exhibits were entered into the record:

	T-1	The Conditional Use Application
	T-2	Public Notice of the Hearing
	T-3	Proof of Publication of Public Notice
	T-4	Thomas Comitta and Associates, Inc. review letter dated Oct. 4, 2022

Mr. Thompson closed the hearing but the record will be left open. This Conditional Use will be reconsidered at the December 5^th Board of Supervisors Meeting. The location is to be determined.

Zoning Ordinance Amendment – Conditional Use Procedures

The proceeds were taken by Mr. Mark Hegarty, court reporter. Mr. Thompson opened the hearing to consider amendments to the Conditional Use procedures in Section 27-1809 of the Zoning Ordinance. The proposed added language is to reinstate what was inadvertently removed from the Ordinance in the last ordinance amendment.

The following Township exhibits were entered into the record:

	T-1	Draft Ordinance
	T-2	Public Notice
	T-3	Proof of Publication of Public Notice
	T-4	Act 247 Chester County referral letter dated Oct. 7, 2022
	T-5	The Chester County Planning Commission review letter dated Nov. 2, 2022.

Mr. Thompson closed the hearing.

Mr. Kuhn moved to adopt Ordinance #221-2022 amending the Conditional Use procedures listed in Section 27-1809 of the Zoning Ordinance. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Subdivision & Land Development Ordinance Amendment – Tree Protection Ordinance

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing to consider additional tree protection regulations for the SLDO.

The following Township exhibits were entered into the record:

	T-1	Draft Ordinance
	T-2	Public Notice
	T-3	Proof of Publication of Public Notice
	T-4	Act 247 Chester County referral letter dated Oct. 7, 2022
	T-5	Chester County Planning Commission Nov. 3rd review letter.

Mr. Willig asked about the need to review the fee schedule annually and Mr. Comitta stated that Mr. Goodman will be providing the Board with the annual figures.

Mr. Thompson closed the hearing.

Mr. Kuhn moved to adopt Ordinance #222-2022 amending the Subdivision & Land Development Ordinance to include additional tree protection regulations. Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Old Business

Office Fit-Out

Mr. Heleniak provided an update on the office fit-out. Moving days are Nov. 21^st and 22^nd, and the office will re-open on the 23^rd. The December meeting will be at the new location, 11 General Warren Blvd., in Malvern.

New Business

Conditional Use Decision – Francis Reed Wills

Mr. Thompson gave a brief description of the conditions for the Francis Reed Wills Conditional Use hearing held on October 3, 2022. They requested approval for a patio in steep slopes.

Mr. Willig moved to approve the written decision for Francis Reed Wills, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Conditional Use Decision – Greene-Marks

Mr. Thompson gave a brief description of the conditions for the Greene-Marks application requesting approval for construction in steep slopes, for which a hearing was held on October 3, 2022. These conditions were given for the construction of a driveway in steep slopes. Conditions included:

• Compliance with Chester County Conservation District requirements
• Completion of all improvements listed in the Advanced GeoServices review letter of 5/16/22
• Submission of stormwater management information and calculations to the Township Engineer documenting the extent of disturbance for the construction of the driveway
• Mitigation and minimization of disturbance to steep slopes

The hearing took place before the arrival of a Chester County review letter. It is not part of this Conditional Use decision for a driveway in steep slope. The Applicant must comply with the CCCD and the review letter will be used in subsequent reviews as the project progresses. This letter pertains more to the subdivision, not the driveway that precludes the development.

Discussion followed regarding:

• Impervious surface percentages that will increase with driveway construction and this being considered in swale construction and land development stages.
• If the driveway was not in steep slope a Conditional Use would not be needed.
• The Applicant has complied with the Planning Commission and placed the driveway where the PC suggested.
• The Board has determined there is no better place for the driveway and mitigation is satisfactory.
• Any further progress will require stormwater management.

Mr. Kuhn moved to approve the written decision for Greene-Marks, and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Armour & Sons Signal Service Contract Expires 2/1/22 – 60-day notice to terminate or option to extend 1 year

Mr. Heleniak 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. He confirmed with the Roadmaster, Mr. Jim Thompson, that he is satisfied with Armour.

Mr. Kuhn moved to extend the current contract with Armour & Sons Electric Inc., for an additional year to February 1, 2024, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Website Design & Maintenance Agreement 11/1/2022-10/31/2023

Mr. Heleniak presented the proposed agreement with Mr. Allen Underkofler, who proposed a $5.00 per hour rate increase over the previous year.

Mr. Piliero moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2022 to 10/31/2023 at the rate of $75.00/hour, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Letter of Intent to DCED Governor’s Center for Local Government Services to Request Technical Assistance for Regional Fire & Emergency Services

Mr. Heleniak described a proposed study initiated by East Whiteland, that provides recommendations for better coordination of fire and emergency services. This may also involve Tredyffrin and Easttown Townships, and Malvern Borough. The Board asked Mr. Heleniak to investigate the possibility of including Kimberton in this study too.

Mr. Kuhn moved to approve signing a letter of intent to the DCED to request technical assistance for the study of Charlestown’s regional fire & emergency services. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution to Adopt Initiatives to be Recognized as a PA “Bird Town

Mr. Goodman spoke about submitting an application to the Pennsylvania Audubon Council to recognize Charlestown Township as a Bird Town Pennsylvania community. A resolution by the Board is a requirement. This item was then tabled for more review.

Resolution adopting Act 57 – Earned Income Tax Waiver of Penalties for First-Year Residents

Mr. Kuhn moved to adopt Resolution #1015-2022 to waive additional charges for real estate taxes for first-year residents as described in Act 57 of 2022 amending the Local Tax Collection Law. Ms. Bednar 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. Heleniak stated Mr. Hubbard confirmed that the current plan still complies after he reviewed the existing Emergency Operations Plan.

Mr. Kuhn moved to adopt Resolution #1016-2022, re-adopting the Emergency Operations Plan of Charlestown Township and Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution to Dispose of Records per Record Retention Policy – #13

Mr. Piliero moved to adopt Resolution #1017-2022, to follow its record retention policy with the disposition of non-essential administrative correspondence from 2020 to 2021 along with 2014 financial records. Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize Advertising for Adoption of the 2023 Budget for December 5, 2022

Mr. Kuhn moved to authorize the Township Treasurer to advertise the proposed 2023 Budget for consideration of adoption at the December 5, 2022 Board of Supervisors Meeting. The meeting is at 7:00 P.M., at the new Township Office, 11 General Warren Blvd., Malvern, PA. Mr. Willig 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 2022 Accounts

Mr. Piliero moved to authorize the Township Treasurer to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting, to conduct the 2022 audit. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Devault Village at Spring Oak Escrow Release #13

Mr. Kuhn moved to approve Escrow Release, #13, for Devault Village at Spring Oak for $202,272.50, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Adjournment

There being no other business, Mr. Piliero adjourned the meeting at 8:30 p.m. The next Business Meeting is scheduled for Monday, December 5, 2022, at 7 p.m., at 11 General Warren Blvd., Malvern, PA.