Charlestown Township
Board of Supervisors Business Meeting
Minutes of November 5, 2018

The first business meeting for November was held November 5, 2018 at the Great Valley Middle School in the Library, 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, Jim Thompson, Roadmaster, and Lisa Gardner, Recording Secretary.

Call to Order:

7:01 p.m.

Announcements

Mr. Kuhn announced that preparations are nearing completion for the Grand Opening of the Charlestown Mill on Sunday, November 11th from noon to 4 pm. Visitors should park at the United Charlestown Methodist Church, where there will be village walking tour guides, historic displays, and live music. A shuttle bus will take visitors to the Charlestown Mill to view the newly installed interpretative panels and see a demonstration of the mill equipment. Light refreshments will be served. The shuttle will also take those interested to visit the Revolutionary War Cemetery and will continuously loop to bring people back to the Church and parking area.

Mrs. Csete stated that there was an executive session held following the October 1, 2018 Meeting to discuss legal matters.

Citizens Forum

The new Pickering Crossing HOA Board Officer, Mr. David Fent, asked what his next step would be to help residents inconvenienced by the noise of the neighboring Devault Asphalt Plant. Mr. Thompson told Mr. Fent that after a meeting (about 18 months ago) and the resulting changes that came from it, there hadn’t been any complaints. Mr. Fent’s next step is to organize the issues he wishes to bring to the Board of Supervisors and put them in writing or attend the next meeting.

Mr. Pete Goodman, of the EAC, stated that the Turnpike sound wall project would need funding. If the Township could not help this cause, did the Township recommend establishing a 501c3? The action group has not officially incorporated this cause or obtained non-profit status, but future legal bills were estimated at $100,000. A Tredyffrin citizens group obtained sound walls and this was the approximate cost of their 4-year battle. In this instance, the Township paid for the walls and the residents paid for the legal fees.

The attorney is beginning to move ahead but will need a retainer and Mr. Goodman asked for direction. The walls would be for an approximate length of 4 to 4.5 miles. 580 property holders are impacted in the area of Blackberry Lane, Deerfield, Charlestown Oaks, and Valley Hill Road. Mr. Kuhn said that since 25% of the Township’s population was impacted, that the Township should provide some sort of assistance. Supervisors requested an estimate or scope of work from the lawyer and they also increased the EAC budget for 2019 to $25,000.

Approvals

October 1, 2018 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the October 1, 2018 Business Meeting and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

October 22, 2018 Budget Work Session and Business Meeting

Mr. Philips move to approve the minutes from the October Budget Work Session and Business Meeting, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report October 1 – 31, 2018

Mr. Kuhn moved to approve the October 2018 Treasurer’s Report and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for November 5, 2018

Mr. Philips moved to approve the General Fund Accounts Payable Report for November 5, 2018 and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for Open Space Fund for November 5, 2018

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for November 5, 2018 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Kuhn mentioned the Manager’s Report. There were 10,500 people that used the Charlestown Township Park pavilions this year via reservation. Also, Mrs. Csete made a 3rd request for JP Orleans to mow the pipeline easement area at Spring Oak. Mr. Kuhn told Mr. Wright to give JP Orleans 10 days to comply, then charge them for the cost of the Township to mow it.

Mr. Kuhn moved to accept the October 2018 reports #1-14 as submitted and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Recognition

The Board recognized Mr. and Mrs. Phil and Sue Staas, longtime residents of the Township, who each volunteered in numerous ways to serve the community over the past decades. Mrs. Staas accepted the certificates and received applause from those present and best wishes for the future in their new home.

Hearing

Conditional Use Application – Donald & Elizabeth Andersen

Mr. Thompson opened the hearing for 23 Eastwick Drive (Tax parcel 35-1-16). The proceeds were taken by court reporter Mr. Mark Hagarty. Mr. Thompson entered the following exhibits into the record:

T-1 Conditional Use Application to the Township
T-2 Public Notice
T-3 Proof of Publication

No testimony was given. The hearing was continued to December 3, 2018 at 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, Pa.

Old Business

Next Steps for Considering Construction of Township Office

Mr. Bob Dettore was present to discuss the next steps toward construction of a municipal office building. The need is for ≈6500 sq. ft. Four locations have been considered, Charlestown Township Park, Brightside Farm, the Volpi property, and the Sugarman parcel. Mr. Dettore referenced a chart for the Board to be able to compare the benefits of each location, and an initial building layout.

However, Mr. Dettore stated that the Township’s feasibility project is at a stage where Supervisors need to decide if they want to build on land they own, or build and lease, etc. Mr. Dettore has assembled all the documents and research and Mrs. Csete will be distributing a packet for the Board to review. This packet should help Members decide if they want to design and build, send out requests for proposals, or lease with a type of buy out at the end.

Mr. Dettore described industrial design agencies that are used in PA to negotiate for Township’s interests, and it changes the procedure from a low bid win, to a merit basis contractor selection. In this way the Township could compile proposals that are best for what the Township wants, after the Board decides what direction they want to take. Members could hire the parties they think are best for the project.

The next steps would include deciding on a plan for moving ahead, such as sending out requests for proposals for an architect, and considering TND requirements. The Board decided to send this agenda item to the Planning Commission for their review, while the Board reviews the packet from Mr. Dettore (dated February 5, 2018).

New Business

Overview of Andersen Zoning Hearing Board Application

Ms. Wendy McLean was present to provide an overview of the Zoning Hearing Board application for Donald and Elizabeth Andersen, for their property at Lot #10 Eastwick Lane. They would like a waiver to permit four driveways on a private road. The Township ordinance prohibits more than 3 homes on a shared driveway. Ms. McLean asked for a waiver rather incurring the costs of stormwater compliance. Mr. Philips did not want to set a precedent by allowing 4 homes on a private road.

He suggested improving the road to Township standards up to the third home. Mr. Wright was not sure this was viable and will research further. Mr. Wright believed that bringing the road up to Township standards would be very expensive (pavement depths and curbing were his main concerns). The Township is not obligated to accept the road after improvements are made.

Ms. McLean asked the Board if she could proceed with the subdivision and let the new owner make the improvements to stormwater, having a “turn key project property”. Ms. McLean will postpone the Zoning Hearing to wait for feedback. There was no update available from her, regarding the stormwater/inactive pipe mentioned by Ms. McCarthy last month. Mr. Wright visited the site and found a separate pipe and localized erosion.

Overview of William Dungee Zoning Hearing Board Application

Mr. Tom Mohr, Esq. was present to provide an overview of the Zoning Hearing Board Application for William Dungee, seeking approval for continuing a non-conforming use at the former Stables Bar, 1 Charlestown Road, Phoenixville, PA. The property is under agreement with buyers wishing to establish an Italian Restaurant, and the prospective new owners do not plan any improvements. The liquor license is no longer in effect.

Mr. Philips moved to recommended a variance on the condition that there would be no expansion of the building and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being non, called the vote. All were in favor.

Devault Village at Spring Oak Final Plan

The applicant requested an extension to December 3rd, and is expected to return for the December Meeting. Mr. Allen, of the Planning Commission was in the audience, and reminded Supervisors that the DRC needed the Design Manual for review prior to any meetings.

Riparian Buffer Project along Pigeon Run at Brightside Farm

EAC member Ms. Carol Armstrong provided details of a proposed project to reforest the riparian buffer along the tributary of the Pigeon Run that runs by Brightside Farm. She is working with Ms. Vicki Laubach, Executive Director of Green Valleys Watershed Association. Ms. Laubach agreed to assist in the grant application process. Further discussion followed regarding the research and recommendation of the depth of the buffer, and the benefits of pursuing grant funds jointly with Green Valleys and the EAC. Ms. Armstrong then discussed the project with Brightside Farm Manager Alix Coleman.

Settlement Agreement

Mr. Thompson gave a brief review of the Marshall Settlement Agreement dated October 30, 2018 in which the Marshalls will pay fees and costs.

Mr. Philips moved to ratify the Marshalls Settlement Agreement dated October 30, 2018 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Website Design & Maintenance Agreement 11/1/2018-10/31/2019

Mrs. Csete presented the proposed agreement with Mr. Allen Underkofler, who requested a small increase in his hourly rate in the new contract, having maintained the prior rate for 3 years.

Mr. Piliero moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2018 to 10/31/2019 with the proposed rate increase, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Appointment to the Parks & Recreation Board (Brian Schlorff) to complete a term ending 12/31/2019

Mrs. Csete explain that Mr. Brian Schlorff would be completing the balance of Ms. Schlichter’s term. He was welcomed by the Board and the audience.

Mr. Philips moved to appoint Mr. Schlorff to the Parks and Recreation Board for Mrs. Karen Schlichter’s unexpired term ending 12/31/2019, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Resolution Re-Adopting the Emergency Operations Plan

Mrs. Csete stated that Mr. Hubbard had reviewed the existing Plan and determined that the Plan remains current and needs no amendments.

Mr. Philips moved to adopt Resolution #923-2018, re-adopting the Emergency Operations Plan of Charlestown Township and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize Advertising for Adoption of 2019 Budget for December 3, 2018

Mr. Piliero moved to authorize the Township Manager to advertise the proposed 2019 Budget for consideration of adoption at the December 3, 2018 Board of Supervisors Meeting, 7:00 P.M., in room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA. The budget is to be amended to include the $25,000 for the EAC from the General Fund approved earlier this evening. Mr. Philips 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 2018 Accounts

Mr. Philips moved to authorize the Township Manager to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting, to conduct the 2018 audit. Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Escrow Releases

Release #6 Cedar Run and Release #32 Pickering Crossing

Mr. Piliero moved to approve the Cedar Run Escrow Release #6 in the amount of $68,870.15 and the Pickering Crossing Escrow Release #32 in the amount of $75,356.03 and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Kuhn discussed a site meeting with Mr. Wright and Mr. Dan Aquilante, manager of Maplecroft Dairy. Mr. Aquilante wants to demolish the existing non-conforming building, currently used for a non-conforming use, in the FR district. There will be no building expansion since he plans to place a new building (perhaps smaller) in the original building’s footprint. He also proposes a second smaller structure for the site. Mr. Thompson will review the project.

There was a suggestion to secure the Great Valley Nature Center Buildings before winter.

There will be a short executive session after tonight’s meeting.

Adjournment

Mr. Piliero adjourned the meeting at 9:12 p.m. The next monthly Board of Supervisors Meeting is scheduled for Monday, December 3, 2018, 7:00 p.m. at the Great Valley Middle School, in Room 154, 255 N. Phoenixville Pike, in Malvern, PA 19355.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary