Charlestown Township Board of Supervisors Business Meeting Minutes of February 7, 2022

The first business meeting for February was held on February 7, 2022, at the Great Valley Middle School, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Call to Order:

7:00 p.m.

Announcements

The Board held an executive session following the January 3^rd meeting to discuss legal matters.

The newest edition of the newsletter is available tonight along with the 2021 Annual Report.

Mr. Kuhn announce that the Mill was visited by the Friends of Strode’s Mill. They were given a tour to see the improvements made to this historical asset.

Citizens Forum

Mr. Rubenfield asked for an update on Beyond Meat. Mr. Wright stated that there was a preconstruction meeting with IMC Construction Company and the nitrogen tank manufacturer. The improvements project is on schedule. All permits have been issued including the foundation permit with an estimated start the first week of March. The nitrogen tanks are expected to be installed on March 31.

This month, 16 weekdays saw noise exceedances, mostly because of nitrogen deliveries. Although the deliveries are increasing, the tanks will soon be relocated to the rear. The blankets and barriers for the roof noise, plus the noise from the refer trucks, are all taken care of in the details of construction for March and April. Mr. Wright says that the Township will continue to push for more odor filtering but it is on the Beyond Meat daily maintenance list.

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 January 3, 2022 Organizational Meeting
2. Minutes for the January 3, 2022 Business Meeting
3. The January 2022 Treasurer’s Report
4. The Operating Fund Accounts Payable Report for February 7, 2022
5. The Liquid Fuels Fund Accounts Payable Report for February 7, 2022
6. The Capital Fund - Open Space Projects Payable Report for February 7, 2022

Reports

Mr. Kuhn moved to accept the January 2022 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.

Old Business

Presentation on the Devault Trail

Mr. John Meisel of TMAAC, and Mr. Tim Phelps from the DVRPC, updated the Supervisors on 3 areas of the ongoing feasibility study for the proposed Devault Trail (below). The Trail would be constructed along the rail line currently owned by Norfolk Southern. June 2022 will be when the group’s recommendation is finalized for the 3 points below.

1. Acquisition–could be through County, state, and federal grants, goal to find who would be the recommended entity?
2. Ownership–probably will be a combination of multi-municipal and County with one newly formed non-profit taking a leading role. (Municipalities are East Whiteland, Schuylkill, Phoenixville, and Charlestown)
3. Maintenance, management, and policing of the proposed Devault Trail.

They are exploring all options by looking at surrounding areas and trails and pulling in possible ideas and resources, to find a good fit. Tonight, they provided a checklist for Charlestown Township’s commitment for:

• Maintenance (Daily/Weekly) –trash, recycling, storm debris, kiosk, restrooms, vandalism repair, snow removal, etc.
• Maintenance (Monthly/Yearly) –mowing, tree trimming, trail repair, markers, signage, fences, bollards, and bridges.
• Public safety and emergency response.
• Long-term needs such as invasive species management, wildlife habitat, and stormwater.

Many grants are being reviewed that can apply to the mission to reduce congestion and improve air quality. The TCDI grant for the Trail was submitted by Charlestown, which makes it a forerunner in the project. The Township will receive a list of Trail entities and what roles they take. Federal and other grant opportunity lists will be coming.

Norfolk Southern wants to deal with a sole entity. Natural Lands Trust may be a good fit to negotiate the land deal but PennDOT will probably be a part of it, as they have worked with this railroad in many projects. Norfolk Southern leverages for railroad right of ways once they know what entity they are told is in the negotiating position.

Mr. Meisel told Supervisors that the County is on the steering committee and is not looking to take the lead in the purchase. They have their trails to manage and are not looking for more. They are not saying no, they are just partnering in many different projects, Devault Trail is only one of them.

Ms. Bednar mentioned that the Trail, although residing in Charlestown Township, will serve many other township’s residents. The reps discussed usage, placement, and where it branches off or connects to the Chester Valley Trail. Looking at this and trying to consider an amount of financial input or budget isn’t something easily done without a cost estimate. So, the reps said they would provide some figures from the Warner Spur and the Chester County Trail. Montgomery County and Heritage Greenway own part of the CCT, and where this all fits in is yet to be decided. Lastly, Chester County could take a lead role and then assess the townships.

Next Mr. Meisel and Mr. Phelps will recommend what group should lead the project or what entity needs to be formed. Then construction estimates, finding funding, and arriving at an amount, will be the new set of goals

Hearing

Zoning Ordinance Amendment – Conditional Use

This item was taken off the agenda and the hearing will be scheduled for March 7^th.

Recycling Ordinance

Mr. Thompson said the amendments to the Recycling Ordinance are to update the previous regulations on leaf waste and recycling requirements following a review by the DEP. These technical modifications will be passed on to haulers by Mrs. Csete after tonight’s approval and then again at the beginning of the year. Mr. Thompson closed the hearing.

Mr. Philips moved to adopt Ordinance #221-22 amending Recycling Ordinance. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

Jenkins Park Master Site Plan

Parks and Rec Chair Mr. Dan Mount said the Parks and Recreation Board recommends moving forward into the next phase of Jenkins Park, which is the creation of the master site development plan. Based on the concept plan, and further guided by meetings with stakeholders, the master site plan would dictate the design of the park and provide the details necessary for the park’s eventual construction. The estimated cost of the plan creation is $25,000.

One option is to engage again with Theurkauf Design & Planning. Having completed the park’s concept, they expressed interest in working on the master site development plan. For this option, a detailed proposal would be obtained for approval.

Another option would be the creation of a plan through a PA DCNR grant. The grant will require obtaining a consultant via RFP, although it is possible to request a waiver on the RFP requirement. It also requires the formal creation of a study committee and completion of work items dictated in the grant’s scope. The grant requires a 50% match, which can consist of both cash and in-house professional costs. In addition, a local project coordinator will need to be designated, and they will need to engage with the Bureau of Recreation and Conservation. This must be initiated before any other work is done and there is no idea of the award timing.

Ms. Csete indicated that the Recreational Fee-in-Lieu funds could also be used for the creation of the plan, and there are sufficient funds to cover the cost of the site plan development.

Mr. Philips moved to proceed with using Theurkauf Design & Planning to obtain a master site plan for Jenkins Park. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Update on Devault Basin Beatification Project

Mr. Philips discussed a meeting at the Township office on January 14^th with himself, Ms. Bednar, Ms. Sally Willig, Mrs. Csete, and Ms. Jessie Buckner of RES. The project will be along Route 29 and the Turnpike. It will increase the ecological functionality of the basin and improve the beauty of the gateway. The next meeting is at the Great Valley Middle School on March 1^st at 7 p.m.

Ms. Buckner gathered the information for the Basin Beautification Project. She is compiling a plant list, costs, and asked for ideas to be brought to a design charrette meeting on March 1^st. Here they can develop a vision of the site leading to concept development. Shrubs will be added to the list that provide good water retention and shade, plus they are intentionally including plants that are salt-tolerant due to highway runoff. She discussed the schedule as a 3-year plan that also includes watering. Site preparation will begin in June.

New Business

Norr Contract for Office Fit-Out – Change Orders #1 & #2

Mr. Dettore explained three items included in Norr Inc.’s proposal for two change orders to their contract for the office fit-out project. The items were recommended by him after discussions with the architect. Changes include ductwork improvements and IT and AD infrastructure. Mr. Dettore explained the design time and reasoning behind bringing the $44,200 under the Norr contract. The location will also serve as the Emergency Operations location for the Township. The Township may purchase equipment thru COSTARS. Technology support will be offered by Diversified per Mr. Dettore.

Change Order #1 - $8,000

1. Additional work to prepare the MEP drawings (Mechanical, Electrical, and Plumbing)
2. Additional work to design the roof hatch access

Change Order #2 - $44,200

3. Incorporating the Diversified Proposal for $40,180 as part of the existing contract plus a 10% management fee of $4,020.

Mr. Kuhn moved to approve Change orders #1 & #2 to the Norr Contract for the office fit-out at 11 General Warren Blvd., and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Zoning Hearing Board Overview – Bill Davison, 3250 Phoenixville Pike

Mr. Davison discussed a proposed 6,000 sq. ft. flex building at 3250 Phoenixville Pike, parcel 35-4-98.1, which is now permitted in the NC-1 district as a Conditional Use since a zoning amendment was adopted last month. The parcel is .79 acres and was part of the approved subdivision plan for the Commons @ Great Valley as a non-conforming lot. It was originally combined with an adjacent .80 parcel now separately owned by the Township. A spur of train track separates his parcel from his second parcel and is proposed for a trail.

Mr. Davison explained that his Zoning Hearing Application seeks relief from the front and rear setbacks since he needs 60 feet for each and has 55 and 20 feet respectively. He also needs additional relief for the non-conforming lot size.

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

SMF Properties – Land Development Plan for Apartment in TND-3

Supervisors heard background (and received sketches) for Mr. and Mrs. Frank and Kim Boyle’s preliminary/final land development plan. They proposed the construction of a residential apartment with a 1,248 sq. ft. commercial space and 4 parking spaces at 1034 Yellow Springs Road (south of the PA Turnpike).

Tonight’s discussion follows from the January Planning Commission meeting where the Boyles were advised about the difficulty with access and the requirement for sidewalks for TND3’s. After that, they met with the Design Review Committee on January 14^th to discuss options.

• Mr. Wright believes there could be grant money for this project.
• Mr. Richardson, TPD, will contact PennDOT regarding crosswalk ideas.
• Mr. Boyle agrees to install a sidewalk in front of the improved parcel.
• Future conditions will be arranged by a deed restriction so that the sidewalk on the eastern vacant property is confirmed as a second phase.
• Mr. Boyle will get an estimate for both sidewalks and then the Township will know how much the second future sidewalk will cost.
• Mr. Allen asked that TPD be consulted to review the sketches and suggestions.

Mr. Philips moved to approve the SMF Properties land development plan dated October 21, 2021, subject to the consultants’ review comments, construction of a section of sidewalk at the corner of Morehall and Yellow Springs Roads on Parcel #35-4-115, and placement of deed restrictions on parcels #35-4-115 and 35-4-116 requiring sidewalk installation along the entire frontage of both properties upon development of parcel #35-4-116 or sale of either parcel, with language to be determined by the Solicitor. He further moved that an easement is to be placed on both parcels for any areas outside of the existing right-of-way necessary for sidewalk maintenance. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorization – Letter to purchase Conservation Easement - Willig and Andersen Properties

Mr. Willig recused himself for these matters.

Mr. Philips moved to authorize Mr. Kuhn to send a letter to Mr. and Ms. Hugh and Sarah Willig offering to acquire an easement on their property and to authorize Mr. Kuhn to send a letter to Mr. and Ms. William and Elizabeth Andersen offering to acquire an easement on their properties. Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. Four were in favor; Mr. Willig did not vote.

Proposal to Conduct Manager Search

Mr. Philips said he, Mr. Kuhn, and Mr. Piliero met with Mr. David Woglom of the Layfayette College Meyner Center, on Feb. 2^nd along with Mrs. Csete, to discuss his services in searching for a new manager. The current manager Mrs. Csete plans to retire later this year. Mrs. Csete has stated her interest in staying on part-time as Township Treasurer after the transition. Mr. Woglom forwarded a proposal for his services with a not-to-exceed cost of $6,500.00 plus travel expenses.

Mr. Kuhn moved to accept the proposal from Mr. David Woglom and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appoint Alternate Zoning Hearing Board Member

Mr. Philips moved to appoint Mr. George Powers to the Zoning Hearing Board as an Alternate for a 3-Year Term expiring 12/31/2024 via Resolution #1006-2022. Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appoint Alternate Planning Commission Member

Mr. Philips moved to appoint Mr. Daniel Ghosh to the Planning Commission as an Alternate for the completion of the vacant 4-Year Term expiring 12/31/2022 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Annual Earth Day Clean-Up Event

Ms. Csete said she consulted with the EAC and Parks & Recreation Board and they are proposing April 9^th for the Township’s Earth Day event with April 23^rd as a rain date. The program would include roadside litter clean-up, trail maintenance, and special projects in the parks and open space.

Escrow Release #4 Devault Village at Spring Oak

Mr. Wright said the original escrow release request was reduced by $18,000 due to tree protection fencing and a compost silt sock trap not yet installed. Mr. Piliero moved to approve escrow release #4 for Devault Village at Spring Oak for $143,520. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

There will be an executive session after tonight’s meeting.

Adjournment

Mr. Piliero adjourned the meeting at 8:30 p.m. The next Business Meeting is scheduled for Monday, March 7, 2022, at 7:00 p.m. at the Great Valley Middle School.