Charlestown Township
Board of Supervisors Business Meeting
Minutes of November 4, 2019

The first business meeting for November was held on November 4, 2019, at the Great Valley Middle School Cafeteria, 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., Thomas J. Comitta, and Daniel T. Wright, P.E.
Staff:
Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Public Safety & Property Coordinator, Marie Stone, Assistant Township Secretary, and Lisa Gardner, Recording Secretary.

Call to Order:

7:00 p.m.

Announcements

None.

Citizens Forum

Mr. Namit Jain and Ms. Joyce Rehorst, from Spring Oak, asked for help from the Supervisors. Mr. Jain stated that JP Orleans will not pave the roads throughout the development until the development is complete, although they did make improvements to the road in front of the model homes.

Mr. Wright stated he met with the paving contractor for JP Orleans and basic repairs of all the potholed and other rough areas will be completed within the next day or two.

The paving material will be quality material and inspected by Advanced GeoServices. The binder course is currently breaking up, but usually, the other layers are not applied until the construction trucks stop using the roads. In Mr. Jain’s case, he lives on a 4-home cul-de-sac and he says the road could be paved. The Supervisors warned Mr. Jain and Ms. Rehorst that if the roads are paved now, the Township would be asked to sign off on them as complete, and the HOA could incur the cost to repair new roads that have years of construction traffic yet to happen. Mr. Jain said a 5-year completion estimate is too far away for some residents to wait for better roads.

Mr. Rubinfield stated some road surfaces are not draining and water will start freezing, causing further damage. Mr. Wright said that attention will be made and all problems will be taken care of to the Township’s satisfaction by day end on November 6th.

Lastly, ATV’s are entering the development and Mr. Jain wants a fence that JP Orleans told the HOA the Township denied. The Supervisors indicated no application was made to the township requesting a fence. The Township consultants will verify that there was no fence on the Final Plan, but JP Orleans is free to request approval to build a fence like the one near Whitehorse Road.

Approvals

October 7, 2019, Business Meeting Minutes

Mr. Kuhn moved to approve the minutes for the October 7, 2019, Business Meeting, the October 21, 2019, Budget Meeting, the October 2019 Treasurer’s Report, the Operating Fund Accounts Payable Report, and the Capital Fund - Open Space Payable Report, for November 4, 2019. Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

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

Hearings

Zoning Ordinance Amendments Related to Conditional Use

Mr. Thompson opened the hearing to consider the adoption of Zoning Ordinance Amendments related to Conditional Use. The proceeds were taken by court reporter Ms. Nancy Sage Sciaretta. Mr. Thompson entered the following exhibits into the record:

T-1 The draft Ordinance
T-2 The Chester County Planning Commission Review Letter
T-3 The Phoenixville Regional Planning Commission Review Letter
T-4 The Public Notice
T-5 The Proof of Publication
T-6 The Executive Summary of the Conditional Uses, Existing and/or considered for revision over years 2017-2019, to be changed by collective decision described by Mr. Thomas Comitta.

Following testimony from Mr. Comitta, the hearing was closed. Mr. Philips moved to adopt Ordinance # 210-2019 amending the Zoning Ordinance relating to Conditional Use, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Resolution approving Purchase of Conservation Easement for Seibert Property

Mr. Thompson opened the hearing to authorize the acquisition of the two parcels owned by Thomas and Marjorie Seibert. Mr. Kuhn stated the two parcels will be recombined as one property.

Mr. Kuhn moved to adopt Resolution #949-2019 approving the purchase of a conservation easement on the Seibert property at 2125 Pikeland Road, consisting of parcel #35-4-33.02 (13.2 acres) and 35-4-34 (6.5 acres) for $440,000, and Mr. Piliero seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business

Brightside Farm Riparian Buffer Project

Ms. Carol Armstrong presented plans for the Environmental Advisory Committee’s proposed project to improve the riparian buffer along a tributary of the Pigeon Run Creek at Brightside Farm Park. The project includes a 1.1-acre area (marked in green within compost socks) on the handout entitled Augmenting and Reforesting the Riparian Buffer at Brightside Farm Park.Ms. Laubach has obtained funding by partnering with:

It will be a demonstration site for increasing bird habitat and will include edible species such as plums and berries near the community garden. Deer protection cages will be necessary. Mr. Austin Unruh of Berry and Crow will be in charge of the actual tasks and involved with those groups listed above plus a state forester, and Ms. Cori Trice of the Chester County Conservation District.

There will be no cost to the Township per Ms. Armstrong and Ms. Laubach. Mr. Philips was not in agreement that there would be no cost, especially due to ongoing watering needs and removal of invasives. Other points of discussion:

  1. It will be the Township’s responsibility to keep the new plantings alive.
  2. Ms. Laubach said that after three years, the trees should outcompete the invasives.
  3. No chemicals will be involved.
  4. No native species will be removed to make room for new plants.
  5. The French & Pickering easement and County restrictions are recognized.
  6. The initial planting should be in the fall of 2019.
  7. It will not need “tending” but will be self-sustaining.
  8. Deer and invasive species are the largest concerns.
  9. 300 trees and shrubs will be planted. The DCNR suggested plants on its website.

Mr. Kuhn suggested Mr. Ed Theurkauf be involved in future progress. The EAC is to prepare the following for the next Board Meeting in December:

  1. A list of plantings
  2. A landscape map
  3. The referenced DCNR link should be sent to Supervisors
  4. A list of any future expenses that may be incurred by the Township

Alix Coleman will meet with Ms. Armstrong and Ms. Laubach to discuss specific questions not address tonight.

New Business

Healing Center Proposal

This item was removed from the agenda.

Appoint Subcommittee for Charlestown Historical Society Dissolution

Mr. John Martin, President of the Charlestown Historical Society, asked Supervisors if the Township wanted the assets from the Charlestown Historical Society. Mr. Philips asked why the assets aren’t being offered to the County. Mr. Martin felt that the assets were the Township’s.

Mrs. Philips stated that the artifacts are not researchable or have low research value; they are not desired by the Historical Commission. Plus, the preparation of the items would be one for a professional. Mr. Kuhn felt the Historical Commission may want to review the archives to see what might be worthy of sending to the County.

Mr. Piliero asked if there was an inventory. Ms. Kline said that much of the inventory is in the attic and not easily accessible for the aging members. Mr. Piliero said first there needed to be an inventory list of items and assets created by a subcommittee, then the subcommittee will tackle the decision of what to do with them. Members suggested tonight were:

  1. Ann Kline, a member of the Charlestown Historical Society
  2. Rosemary Philips, a member of the Charlestown Historical Commission
  3. A Board Member yet to be determined
  4. John Martin, President of the Charlestown Historical Society

Additional names will be considered before the committee is formed.

Finalize Township Office Lease

Mr. Piliero said the 3-year office lease agreement for the Township Office on the 2nd floor of the Devault Building has been agreed upon in principle with Mr. Tom Fillippo. However, he has given it to Mr. Thompson to review. Items yet to be considered are access, security, and the amount of time for a notice of termination. Mr. Thompson will return with a final draft for the December Board Meeting.

CCATO Convention 11/21/19

Mrs. Csete asked who would like to register for the County convention on November 21st.

Mr. Philips, Mr. Kuhn, and Mr. Thompson said they will attend.

Website Design & Maintenance Agreement 11/1/2019-10/31/2020

Mrs. Csete presented the proposed agreement with Mr. Allen Underkofler, who requested a small increase in his hourly rate in the new contract.

Mr. Piliero moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2019 to 10/31/2020 with the proposed rate increase, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Bunten- Stewart Minor Subdivision Plan

Mr. Neal Camens, P.E. of Chester Valley Engineers presented the plan for a lot line change between two parcels on Union Hill Road. One is owned by Ms. Amy Bunten and the other by her mother, Ms. Gail Stewart at 2061 and 2045 Union Hill Road respectively. The change will allow Ms. Bunten to continue raising alpacas on her land in the future event that the other parcel is sold.

The subdivision is proposed to take place in 2 stages to decrease Mrs. Stewart’s lot to just over 10 acres so it still satisfies Act 319 requirements (going from 18 to 14.9 acres). Ms. Bunten will obtain acreage in 2 phases (3.5 increasing to 6.6 acres), one in 2019 and one in 2020. There is a total of 21.5 acres involved. This will only need an administrative agenda spot for the second change next year. Mr. Wright said he will not need to provide a second review letter, everything is lined up for the second phase.

Mr. Philips moved to approve the Minor Subdivision Plan for Amy Bunten, last revised 9/17/19 subject to the comments on Mr. Wright’s review letter dated 9/30/19, and including all waivers. Mr. Willig 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. Hubbard stated he had reviewed the existing Plan and determined that the Plan remains current and needs no amendments.

Mr. Kuhn moved to adopt Resolution #950-2019, 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.

Schedule Conditional Use Hearing for Mine Road Partners LP

Mr. Philips moved to authorize the Solicitor to schedule the Conditional Use Hearing for Mine Road Partners LP for December 2, 2019, at 7:00 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize Treasurer to Open PLGIT Prime Account for Excess Funds

Mr. Piliero moved to authorize the Township Manager to open a new PRIME account with the PA Local Government Investment Trust to transfer idle funds from the Open Space Capital Improvement Fund, to obtain a higher interest rate, 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 2020 Budget for December 2, 2019

Mr. Piliero moved to authorize the Township Manager to advertise the proposed 2020 Budget for consideration of adoption at the December 2, 2019 Board of Supervisors Meeting, 7:00 P.M., in room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA. Mr. Kuhn 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 2019 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 2019 audit. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

There is a brief executive session after tonight’s meeting per Mr. Philips.

Adjournment

Mr. Piliero adjourned the meeting at 8:45 p.m. The next Board of Supervisors Meeting is scheduled for Monday, December 2, 2019, 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