Charlestown Township Board of Supervisors Business Meeting Minutes of April 5, 2021

The first business meeting for April was held on April 5, 2021, via remote dial-in/log-in via Webex due to the ongoing coronavirus situation.

Present

Call to Order:

Announcements

Mrs. Csete announced as part of the federal COVID recovery plan, Charlestown Township will receive $620,298 in two parts, the first half in June 2021 and the second half in 2022. She is waiting for instructions from the State as to procedures, auditing requirements, and exactly what the funds can be used for. In general terms, it can be used to reimburse COVID-related expenses and lost revenue due to COVID (plus specific categories of capital improvements not including roads and bridges). There may be additional funding for roads and bridges yet to come. The costs and lost revenue will include budget years 2020-2023, and all funds must be expended by 12/31/24. Charlestown Township will place these funds in a separate account until a budget plan is developed for them.

Citizens Forum

No matters were brought forward.

Approvals

Mr. Kuhn moved to approve:

1. Minutes for the March 1, 2021, Business Meeting
2. The March 2021 Treasurer’s Report
3. The Operating Fund Accounts Payable Report for April 5, 2021.
4. The State Fund Accounts Payable Report for April 5, 2021.
5. The Capital Fund - Open Space Projects Payable Report for April 5, 2021.

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

Reports

Mr. Philips reminded the audience that the Planning Commission will hear all comments regarding the building plan for Beyond Meats on April 13^th and that it will not be discussed tonight.

Report #18, the Beyond Meats update, was given by Mr. Wright. The latest report covered February and March and had eight exceedances.

1. The amount of “refer” truck noise was worse than in January. Mr. Strunk agreed to meet with his operations staff and plans on maximizing the use of their offsite refrigerated warehouse. This should greatly decrease the on-site idling.
2. All exterior lighting has been updated with deflectors and is pointing downward.
3. Mr. Philips noted the good progress in noise and lighting since the problems began.
4. Mr. Wright agreed and stated that the company seems determined to be good neighbors.
5. Mr. Rubenfield was concerned (1) because residents recently left the development due to unresolved plant issues, and (2) the possible loss of surrounding property values.
6. Mr. Rubenfield will bring his expansion concerns to the Planning Commission.
7. He is concerned about harmful odors and discussed contacting the PA DEP.
8. He stated shift change traffic, and noise vs. production levels, are both ongoing problems.
9. Mr. Nathan agreed that although January was better than it had been, the following two months were not good. He asked the Township to hold the company accountable, and wondered “how many strikes meant they were out”?
10. Mr. Philips wants to give the company time to respond to the reports. Mr. Wright agreed and referred to the procedure of citing the company.
11. Mr. Wright will be receiving Noise Reports a week before Board meetings now and also forward them to Mr. Rubenfield so they both have time to review them before the meetings.
12. Mr. Rubenfield said on March 6^th there was continuous excessive noise.
13. Mr. Wright said the report reflected short durations from refer trucks.
14. Mr. Kumar sent in a video of stormwater runoff crossing over Milton Road to Quigley Road and not being contained by the drain system. Mr. Wright said by early fall the road will be completely paved and the new curb will guide the flow to its proper destination. However, he will request a temporary berm be established.
15. Mr. Wright will visit Mr. Kumar at home again to see the lighting from Beyond Meat that is still not contained.
16. Mr. Kumar is concerned about the construction noise from the pending expanding Spring Oak development and was told to attend the Planning Commission meeting. However, the Noise Ordinance will limit construction activity to 7 a.m. to 7 p.m. Monday through Saturday, with no activity on Sunday.
17. Ms. Fillippo said she was told that they would only perform construction work outside until 4:30 p.m. and then work inside until 7 p.m. She had these complaints to add:
    1. The odors are strong, especially when it is humid, and they differ greatly from the former smells of Devault Foods. These smells saturate her home and enter even when it is closed up.
    2. Refers are parked around the entire perimeter again (she thinks is due to production increasing).
    3. Plant trash is blowing onto surrounding lawns (hairnets, gloves, etc.)
18. All of the residents that spoke thanked the Supervisors for the progress.

Mr. Kuhn moved to accept the March 2021 reports #1-18 as submitted and Ms. Bednar seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Presentation: Phoenixville Public Library

Phoenixville Public Library representative Mr. Chris Porcelli, Director of Development, visited tonight to extend a thank you to the Township Supervisors for their long-standing and generous support. COVID challenges have prevented the library from opening to a browsing level, but online programming continues to be available. Please check their website or find the link on Charlestown Township’s website for new programs and instructions on reserving materials with contactless pickup.

Hearings

Conditional Use Hearing for Derek & Jamie Finger

Mr. Thompson opened the Hearing and the proceeds were taken by Mr. Mark Hagarty, court reporter. Their single-family dwelling is located at 9 South Winds Lane (35-4-138.8) in the Farm Residential zoning district. The request is to construct a swimming pool, associated stormwater facilities, and a walkway in a part of the rear yard that partially consists of steep slopes (27-1203.2.B of the Zoning Ordinance). Mr. Thompson entered the following exhibits into the record:

Mr. Matthew McKeon Esq., and engineer Ms. Amanda Schneider, represented the Fingers, who testified to the Board for approval to construct a portion of a swimming pool in steep slopes. Mr. McKeon entered the following exhibits into the record:

Testimony was given by Dr. Jamie Finger and Amanda Schneider, P.E. The hearing was closed. Mr. Kuhn moved to approve the Conditional Use Application of Derek & Jamie Finger, and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor. A written decision will be issued within 45 days.

Conditional Use Hearing for Potter Industries

Mr. Thompson opened the hearing and the proceeds were taken by Mr. Mark Hagarty, court reporter. The property is at 3222 Phoenixville Pike in the I/O zoning district (35-4-106). They will be leasing 26,000 square feet of space. Mr. Thompson entered the following exhibits into the record:

Ms. Alyson Zarro, Esq. represented Mr. Wayne Druckenmiller, for Potters Industries, LLC requesting a recommendation for a Conditional Use for a research and development laboratory for their recycled glass business at 3222 Phoenixville Pike.

Ms. Zarro entered the following exhibits into the record:

Ms. Bednar asked if the application approval would set a precedent for future changes in Uses. Mr. Wright stated that there are similar Uses nearby. Testimony was given by Kevin Doran and Wayne Druckenmiller. The hearing was then closed.

Mr. Kuhn moved to approve the Conditional Use Application of Potter’s Industries, LLC, and Mr. Willig seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor. A written decision will be issued within 45 days.

Zoning Ordinance Amendment – Equestrian Regulations

The proceedings were taken by Mr. Mark Hegarty, court reporter. Mr. Thompson entered the following into the record:

Tom Comitta provided background on the application. Mr. Thompson asked if there were any questions from those present. No one came forward. Mr. Thompson closed the hearing.

Mr. Philips moved to adopt Ordinance #214-21 Amending Chapter 27 of the Charlestown Township Code by amending the Regulations for Equestrian Use, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Old Business

Parks & Recreation Board updates by Mr. Chris Lawrence were tabled.

New Business

Zoning Hearing Board Overview – 139 Sagewood Ct. – Aditya Puri

Mr. Aditya Puri explained his request for a variance to allow for an 8’ by 12’ extension of his deck into open space at Charlestown Meadows. Mr. Wright indicated in his letter of 3/22/21 that excess open space remains at the development to allow for the variance. He is keeping track of the open space and this request is similar to others that were approved. The Supervisors opted to take no position and sent the application on to the Zoning Hearing Board.

Mr. Philips moved to make no comment on the request and Ms. Bednar seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Minor Subdivision Plan – Frank Boyle

Mr. Boyle presented his minor subdivision plan to consolidate two parcels by extinguishing the property line between parcels #35-4-114 & 115 at the northeast corner of Yellow Springs Road and Morehall Road. The reverse subdivision is being required by the Valley Forge Sewer Authority before they will provide a public sewer connection to the existing twin home on the site. Mr. Wright has no opposition to this request, and the Planning Commission gave Mr. Boyer a favorable recommendation.

Mr. Philips moved to approve the subdivision application for SMF Properties LLC subject to the consultant’s review comments, and Ms. Bednar seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Mr. Allen noticed a driveway/access question and Mr. Wright said it would be a future expansion item, but not required for this consolidation.

Open Bids – Road Equipment & Labor 5/1/21 - 4/30/22

The following road and snow bids were to be received by the deadline at noon today and read-aloud tonight. Mr. Wright will review and make a recommendation for the next meeting.

• Charlestown Paving-$200,650
• Cedar Springs Construction-$181,600

Award Landscaping Contract for Landscaping 4/1/21-3/31/24

Mrs. Csete referred to Mr. Wright’s review letter dated 3/2/21 recommending Charlestown Landscaping for the award of the 2021-24 landscaping labor & equipment contract with its responsible lowest bid of $11,750 (16% higher than the last bid three years ago).

Mr. Willig moved to award the contract to Charlestown Landscaping, and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Ordinance Amendment – Park Rules

Mr. Thompson introduced the amendment to the Park Rules for Active and Passive Open Space. Mr. Thompson said the Ordinance had been advertised as required. He stated that the amendment proposes to add a no smoking rule to the rules for active and passive parks, defines tobacco products, and establishes tobacco-free zones.

Following the hearing, the record was closed. Mr. Philips moved to adopt Ordinance #215-2021 amending Chapter 16 of the Code of Ordinances for Park Rules, and Mr. Willig seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Ordinance Amendment – Environmental Advisory Committee members to include 2 alternate members

Mr. Thompson introduced the amendment to the EAC membership requirements. Mr. Thompson said the Ordinance had been advertised as required. He stated that the amendment proposes to add 2 alternate members to the 7-member committee.

Following the hearing, the record was closed. Mr. Willig moved to adopt Ordinance #216-2021 amending Chapter 6 of the Code of Ordinances, and Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

GreenWeaver Landscapes Proposals for 2021 Maintenance of Charlestown Mill and Devault Gateway

Members discussed the four proposals from Green Weaver Landscapes for the Devault Gateway and the Charlestown Mill as follows:

Mr. Kuhn moved to approve the Charlestown Woolen Mill Spring Clean-up at $4,800.00 and the 2021 Woolen Mill Meadow Maintenance Services at $85.00/hour. Mr. Philips seconded and called for discussion. There was none. Mr. Philips called the vote and all were in favor.

The Charlestown Meadow/Basin Mowing quoted at $2,850.00 and the 2021 Meadow Maintenance Services for Gateway at $85.00/hour will be tabled until Mr. Theurkauf can be contacted for an update. Mr. Philips was not happy with the appearance of the basin in consideration of 4 years of Township spending, in an attempt to establish a meadow in this inhospitable location.

Road Construction Project – review cost estimates and finalize list of roads for improvement

Mr. Wright stated that Township yearly paving cost estimates are usually $250,000-300,000 for approximately 22,000 square yards.

This year to resurface and widen Wells Road and to resurface the entrance of Charlestown Hunt the yardage would be on the lower side at 20,144 sq. yards.

If Supervisors wish, he can add the balance of Charlestown Hunt’s roads; Amwell Valley Drive, Battle Creek Way, and Loudoun Place. This will cost about $290,000 including the additional 9008 square yards. (This paving is not eligible for the recent COVID funds).

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

Authorize Advertisement of Bids for Tree Work – proposed bid opening date April 26^th for contract award May 3^rd

Mrs. Csete said that since no bids were received for the last meeting, she developed a new list of potential bidders for the tree work contract. Since the current contract expired on 3/31/21 and the contractor declined to extend it, the Township is presently operating without a tree contractor. Therefore, she recommends advertising as soon as possible with bids to be opened a week before the May meeting. This allows time for Mr. Wright to review bids so an award can be made at that meeting and eliminate any further delay. Mrs. Csete confirmed with Mr. Thompson that she could use the indemnification language used by Davey Tree for the package.

Mr. Philips moved to authorize the advertising of the tree equipment and labor contract for bids to be due April 26, 2021, at 12:00 noon and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Other Business

Mr. Thompson asked Supervisors to consider a motion to consolidate the 2 Seibert properties so that a future buyer could not sell off one of the properties.

Mr. Kuhn moved to approve the consolidation of the Sibert properties 35-4-34 and 35-4-33.2. Mr. Willig seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Mr. Philips stated that the Design Review Committee is becoming involved in the Spring Oak Devault Village development and wondered what official level of authority the committee possessed for actual unit design. Since the developer never settled on a final design, per Mr. Thompson, final approval is with the DRC. The Design Manual items are DRC territory but if changes are proposed that aren’t in the manual or existing Final Plan, any change requires a revised Final Plan that would be subject to review by the Planning Commission again.

Mr. Philips said the Planning Commission needs to review the wind turbine requirements in the ordinance, reading that it now requires a 2 acre minimum lot size yet allows a 65’ high wind turbine. The Board suggested a change lowering the height to 35 feet or increasing the acreage for a taller structure. Mrs. Csete will forward a request for review to the Planning Commission.

Adjournment

Mr. Philips adjourned the meeting at 9:50 p.m. The next Business Meeting is scheduled for May 3, 2021, at 7:00 p.m. via Webex.