CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS MINUTES
Great Valley Middle School, Room 154
255 North Phoenixville Pike, Malvern, PA
Tuesday, July 5, 2022

Present

Supervisors:
Frank A. Piliero, Chairman, Charles A. Philips, Vice Chairman, Kevin R. Kuhn, Susan T. Bednar, and Hugh D. Willig.
Consultants:
Mark P. Thompson, Esq., Robert Dettore, and Daniel T. Wright, P.E.
Staff:
Chris Heleniak, Manager, Linda Csete, Treasurer, Tim Hubbard, Public Safety & Property Coordinator, Beth Martin, Asst. Township Secretary, and Lisa Gardner, Recording Secretary. Jim Thompson, Roadmaster, and Michael Allen, Staff Planner, were absent.

Call to Order:

7:00 p.m.

Announcements

  1. Mr. Kuhn said there was a meeting to review the I.T. proposal for the new office.
  2. Mr. Philips said Mrs. Fran Rodgers will be leaving the Township after more than 45 years of residency. She served on the Historical Society and H.A.R.B. and recently donated an easement to increase the open space in Charlestown Township.
  3. The Board welcomed new Township Manager Chris Heleniak.
  4. The Malarky Brothers concert has been postponed due to rain, until Tuesday, August 2nd. It will begin at 6:30, lasting for 2 hours. This was the initial concert of the three free summer concerts.

Citizens Forum

Mr. Lou Rubinfield of Spring Oak said the noise from Beyond Meat is improving but the odor is not. Mr. Wright met with Beyond Meat management and they had not reviewed the ozone suggestion. Mr. Wright obtained a promise for a review before the next Board meeting. The noisiest of the roof equipment has been decommissioned and removed as of June 27th. The company continues to work toward responding to the consultant letters and they are moving forward with the expansion plans and obtaining appropriate approvals.

Approvals

Mr. Kuhn moved to approve the reports listed below. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

  1. Minutes for the June 6, 2022, Business Meeting
  2. July 2022 Treasurer’s Report
  3. Accounts Payable Report - All Funds for July 5, 2022

Reports

Mr. Philips moved to accept the June 2022 reports #1-17 as submitted and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Presentations:

Hearings

Greene-Marks Conditional Use Hearing

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing for Mr. Christopher Marks and Ms. Kathy Greene’s property at 4219 Howell Road, parcel #35-5-22, located in the FR district. Mr. Marks and Ms. Greene seek approval for construction of a driveway in steep slopes for their proposed 3-lot subdivision. There are now 6 exhibits for the Township. The hearing was continued to August 1, 2022.

T-1 The Conditional Use Application
T-2 Public Notice
T-3 Proof of Publication of Public Notice
T-4 Review Letter by Advanced GeoServices dated 5/24/22
T-5 Letter from Applicant’s Attorney Greg Adelman extending the time to hold the hearing and make the decision to 8/1/22.
T-6 Applicant’s Letter received 7/5/22 requesting a continuance to 8/1/22

Malvern General Warren Owner LLC Conditional Use Application

The proceeds were taken by Mr. Mark Hagerty, court reporter. Mr. Thompson opened the hearing for Malvern General Warren Owner LLC, parcel #35-4-107.5 at 31 General Warren Blvd. located in the NC-2 district. The applicant seeks approval for laboratory use in the LI-2 District. The following exhibits were noted for the record. No testimony was given this evening and the hearing was continued to August 1, 2022.

T-1 The Conditional Use Application
T-2 Public Notice
T-3 Proof of Publication of Public Notice
T-4 Review Letter by Advanced GeoServices dated 5-24-22
T-5 Letter dated 6/28/22, from Applicant’s Attorney Gina Gerber extending the time to hold the hearing and make the decision to 8/1/22.

Old Business –

None

New Business

Philips – Lot Consolidation Application and Subsequent Subdivision Application

Mr. Philips recused himself from the discussion. He described his dual applications for a lot consolidation and subsequent subdivision of two properties located on Hollow Road. The combined acreage is 8.1 acres, with parcel A being 2.6. He explained that when the property was originally subdivided in 1987, a note on the plan required that his two lots be consolidated into one parcel; however, the actual consolidation had not taken place and is required before he can convey parcel A. Following recordation of the consolidation, he proposes to re-subdivide the parcel into two separate parcels again, allowing Parcel A to be sold to a neighbor. Parcel A is restricted from any future development or construction.

This will be a “no proposed improvements” change. The minor subdivision plan is in two parts to be recorded at the same time in the proper order. The first is to consolidate the two properties and the second is to subdivide them into the same parcels that currently exist. This will satisfy the note on the original plans and allow Lot A to be sold at a later date. The current deeds will remain the same with the same property boundaries as they have been for 30 years.

This, and the waivers, have been reviewed and recommended by Mr. Wright. Mr. Philips stated that if the new owner would want to remove the deed restrictions, all contiguous landowners and the Board would have to agree. But, in this instance, there is no impact, only the ownership is changing.

Ms. Jill Greene questioned the nature of waivers the Board was approving and Mr. Wright explained that the requirements being waived are generally intended for subdivisions in which there is development, but that in this case, no development is being proposed

Mr. Kuhn moved to approve the lot consolidation and subdivision plans for Mr. and Mrs. Charles and Rosemary Philips’ parcels #35-4-45.3 and 35-4-45.54. Mrs. Bednar seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Office Fit-Out: Furniture, I.T., Network Infrastructure, and Floor Plan Changes.

Mr. Dettore presented the contract for the Office Fit out to include the package for furniture, I.T., and network infrastructure. In addition, the Norr Project Change Notice #3 was discussed since the layout has been modified adding footage to the Main Meeting Room and reducing the size of the Emergency Operations Center. The next step is to discuss the AV equipment and coordinate with the I.T. provider for the transition.

Mr. Kuhn moved to authorize the Landlord to execute the contracts and approve the change order #3 request from Norr for a $25,000 increase due to additional services from layout changes. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Notice to Terminate Office Lease 11/30/22

Mr. Heleniak noted that the current lease for the township office at 4030 Whitehorse Road expires on 11/30/22. The lease requires that notice of intent to terminate be provided four months in advance, which would be by July 30th. Since the move-in date for the new office is on target for October 23rd, he recommended that notice be given to the current landlord, Mr. Tom Fillippo. Mr. Fillippo has agreed to rent on a month-by-month basis if needed.

Mr. Philips moved to authorize the Manager to inform the current landlord, Mr. Thomas Fillippo, that the township would not be renewing its lease after November 30, 2022, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Schedule Ordinance Hearing -Conditional Use Procedures

The Board scheduled a hearing for an amendment to the Procedures for Conditional Use for August 1, 2022 at 7:00 p.m. at the Great Valley Middle School.

Financial Resolutions

Two resolutions were presented by Mrs. Csete for the new Township Manager. First, to add Mr. Heleniak to the signature list for the bank and to enable him to make credit card purchases.

Mr. Philips moved to authorize (a) Amending the Depositories and Signatories for Check Signing and (b) Amending the Credit Card Policy. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor

Devault Village at Spring Oak Escrow Release #9

Mr. Piliero moved to approve Escrow Release #9 for Devault Village at Spring Oak for $64,550.00, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Miscellaneous Items

Mrs. Bednar was informed that the Spring Oak complaint about construction vehicle access has been resolved by Mr. Wright.

Ms. Armstrong was informed that the beautification project at the Gateway Basin is on schedule. The next step is for more invasive removal in early August.

Adjournment

There being no other business, Mr. Piliero adjourned the meeting at 7:40 p.m. The next Business Meeting is scheduled for Monday, August 1, 2022, at 7 p.m., at the Great Valley Middle School.

Respectfully submitted,


Lisa Gardner
Sign-in sheet, 7/5/2022