Charlestown Township
Board of Supervisors Business Meeting
Minutes of January 6, 2020

The first business meeting for January was held on January 6, 2020, at the Great Valley Middle School Choral Room, 255 N. Phoenixville Pike, in Malvern, PA.

Present

Supervisors:
Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Susan T. Bednar, Kevin R. Kuhn, and Hugh D. Willig.
Consultants:
Mark P. Thompson, Esq. and Daniel T. Wright, P.E.
Staff:
Linda Csete, Manager, Marie Stone, Assistant Township Secretary, and Lisa Gardner, Recording Secretary. Jim Thompson, Roadmaster, and Tim Hubbard, Public Safety & Property Coordinator were absent.

Call to Order:

7:08 p.m.

Announcements

Mrs. Csete announced that there was an executive session following the 12/19/19 meeting to discuss legal matters.

Citizens Forum

No matters were brought forward.

Approvals

Mr. Philips moved to approve:

  1. the minutes for the December 19, 2019, Business Meeting
  2. the December 2019 Treasurer’s Report
  3. the Operating Fund Accounts Payable Report for January 6, 2020
  4. the Operating Fund Accounts Payable Year-End Payroll Report for December 31, 2019
  5. the State Fund Accounts Payable Report for January 6, 2020
  6. the Capital Fund - Open Space Projects Payable Report for January 6, 2020

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

Reports

Mr. Kuhn moved to accept the December 2019 reports #1-14 as submitted and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Hearing

Russell Becker Conditional Use Hearing

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing for 2130 Conestoga Road (tax parcel 35-7-10.2) located in the FR district. The following exhibits were noted for the record:

T-1 Public Notice
T-2 The Conditional Use Application
T-3 Proof of Publication of Public Notice
A-1 5 USPS Certified Mail Receipt Notices
A-2 Square footage diagram
A-3 Review Letter by Advanced GeoServices
A-4 Site Plan

Following testimony, the hearing was closed. A written decision will be provided within 45 days.

Mr. Kuhn moved to approve the Conditional Use pending compliance with the DEP and the 50% accessory structure requirement and Mr. Philips seconded. Mr. Piliero called for discussion and there being none called the vote. All were in favor.

Old Business

Devault Lane Intersection and Truck Traffic Issues

Mr. Wright distributed 3 maps for Devault Lane and discussed improvements being made by the Devault Foods plant.

Barricade Plan-The lane’s entrance is 110 feet wide and attractive for trucks looking to use as a turnaround. The Roadmaster received a price of ≈ $10,000 to install 10-11 orange jersey barriers. These would be used to “choke down” the Devault Lane entrance and possibly make it a one-way road from the plant to Whitehorse Road. A Do Not Enter sign could also be posted. Workers would be less prone to speed to the plant parking lot. Mr. Kuhn suggested leaving the road as 2 way but post a No Trucks sign. Then if that doesn’t work the barriers could be the next step.

The Intersection Plan-The intersection could also be reconfigured. One resident may need to reconfigure their driveway. Talks are continuing. A survey and road opening permit would be needed.

Signage-the addition of reflective signs on Devault Foods property would prevent truckers from missing the entrance. Mr. Wright will obtain a cost estimate from H.A. Weigand and iSign (iSign quote is ≈$1500). A sign for Fillippo Way will also assist truckers using a GPS. If the sign needs to be lighted, it will be done at a later date

Mr. Wright will obtain cost estimates for his suggestions. The Township will bill Devault Foods.

Mr. Wright stated that Devault Foods obtained a new nitrogen supplier and deliveries will be before 7 p.m. The problem is usually after-hours when there is less supervision. Mr. Wright will initiate the violation procedures. Chief Koenig, of the East Whiteland Volunteer Fire Association, suggested a lockout tagout procedure for Devault nitrogen deliveries.

Filters will be placed in the facilities’ exhaust system to reduce the odors. Mr. Willig wondered if this could be monitored through the permit process and Mrs. Bednar requested a timeline for enforcement. Mr. Wright stated the nuisance ordinance will be enforced.

Mr. Philips asked about a tank incident causing a non-toxic spill last fall, and Mr. Wright said they are expanding the capacity and he will continue following up on this.

Mr. Wright also discussed the loud refrigerated trucks that are parking near Spring Oak, and also at the front gate. The plant’s yard is crowded, and he is continuing to work with the facilities management. Mrs. Bednar requested a map of the property.

Mr. Philips also requested deadlines (as opposed to the earlier mentioned timelines) for the above-mentioned issues and steps towards reconciliation.

New Business

Request to Expand Occupancy at “The Gentleman’s Cut” in General Warren Village

Mr. Robert Wilson, Esq. introduced himself and Mr. Arnold Rhodes, owner of the new barbershop Gentleman’s Cut. He gave an overview of the operations that were approved by the Barbers Examiners Board (April 2019) for Mr. Rhodes’ shop. Mr. Merklinger had visited the shop on December 27th and informed him that his seating arrangement accommodated 22 people and this was not permitted without obtaining further approval. The current occupancy was 14-15. Mr. Thompson stated it was an interpretation issue and Mr. Piliero will contact Mr. Merklinger.

Design Review Committee Matters

Mr. Allen requested clarification on how to assign a chairperson for the DRC and how to define the approval process transition from the DRC to each development’s Homeowners’ Association as a project is underway.

Mr. Allen stated that there were 3 people on the DRC, Mr. Philips (Board Member), Mr. Richter (Planning Commission Member), and Mr. Comitta (a paid contractor). Further facts:

  1. Mr. Mallach often subs for Mr. Comitta
  2. Mr. Frens and Mr. Wright are also present at DRC meetings
  3. There needed to be a Chairperson
  4. Mr. Richter could be the appointed Chair or there needs to be an additional person as Chair
  5. Voting was discussed
  6. The Board asked Mr. Allen to be the administrator
  7. Mr. Allen will select one person to be his contact for each project, to be John Jaros for Devault Village at Spring Oak.

The Board clarified when the Township DRC can step away from development responsibilities. During construction the DRC will be active, then become inactive when the roads are dedicated. Lastly, Mr. Allen reminded the Board that the Township is linking Devault Lane in the TND.

Award Contract – Cemetery Wall Repairs

Mr. Philips moved to reject all bids for the Revolutionary War Cemetery Wall Restoration project and Mrs. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Discuss Future Township Office Building

Mr. Kuhn stated that the Planning Commission is going to review the project. First Mr. Dettore will come to a PC meeting to give them a review and then provide them with the Park report done during the initial Park improvement stages. They will provide an opinion of their vision, Township needs, and have been told to consider it as a possible voting venue. The Board will also entertain the PC’s recommendation for architects or whatever suggestions the Commission feels are pertinent. Mr. Westhafer has suggested forming a sub-committee. Mr. Westhafer, Mrs. Csete, and Mr. Willig have expressed interest. Mr. Westhafer also believes a land swap with Mr. Fillippo for land closer to Spring Oak could be beneficial.

PSATS Conference May 3 – 6, 2019

Mrs. Csete asked if any of the Supervisors would like to be registered to attend the conference. Mrs. Bednar confirmed that she would like to be registered this year. Mrs. Bednar will be the voting delegate representing Charlestown at the conference.

Other Business

There has been no further correspondence from the Mine Road project applicant.

Adjournment

Mr. Piliero adjourned the meeting at 8:25 p.m. The next Board of Supervisors Meeting is scheduled for Monday, February 3, 2020, 7:00 p.m. at the Great Valley Middle School, Room #154, 255 N. Phoenixville Pike, Malvern, PA.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary