Charlestown Township
Board of Supervisors Business Meeting
Minutes of January 6, 2014

The first business meeting for January was held January 6, 2014 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors: Frank A. Piliero, Chairman, Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, Charles A. Philips and Hugh D. Willig.
Consultants: Dan Wright, P.E. and Mark P. Thompson, Esq.
Staff: Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Fire Marshal and Lisa Gardner, Recording Secretary.
Public: See attached sign-in sheet

Call to Order:

7:45 p.m.

Announcements

Mr. Kuhn sadly announced that Helen Faggioli, longtime resident and wife of the former Roadmaster, had passed away earlier today.

Citizens’ Forum

Mr. Jones asked the Board if they had any comments regarding the dog problem he reported at Charlestown Park. Mr. Jones was instructed to proceed with perfecting the wording of signage at the park regarding leashes.

Mrs. Ellen Berle said she noticed there was no opportunity to comment after tonight’s earlier Reorganization Meeting. She was curious why Mr. Kuhn voted against the Park and Recreation appointment. Mr. Kuhn said she was aware of his reason for voting no.

Approvals

December 2, 2013 Business Meeting Minutes

Mr. Philips moved to approve the minutes of the December 2, 2013 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report December 1 - 31, 2013

Mr. Philips moved to approve the December 2013 Treasurer’s Report and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report January 6, 2014 Operating Fund

Mr. Rodgers moved to approve the January 6, 2014 General Fund Accounts Payable Report and Mr. Willig seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report January 6, 2014 Liquid Fuels Fund

Mr. Philips moved to approve the January 6, 2014 Liquid Fuels Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, all were in favor.

Accounts Payable Report January 6, 2014 Open Space Fund

Mr. Kuhn moved to approve the January 6, 2014 Open Space Fund Accounts Payable Report and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote, all were in favor.

Reports

Mr. Rodgers moved to accept the December 2013 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.

Proposed Eagle Scout Project: Ian Riley, Troop 67

Ian Riley of Willistown provided an overview of his improvements project at the Brightside Farm. He will be creating maps, installing map boxes and signage, and restoring a bench. He is currently waiting for the weather to break so he can sink the posts below the freeze line. Supervisors thanked him for such a much needed choice in projects and asked him to send them pictures when complete. Mrs. Csete told Ian that they like to include these pictures on the website and in theTownship Newsletter.

Hearings

Charlestown Playhouse Conditional Use Application

Mr. Thompson introduced the Hearing to consider the Conditional Use Application for the Charlestown Playhouse. This would allow development of less than 500 square feet of steep slopes for construction of a new driveway and allow access to the student drop off area on the school’s property. The proceedings were taken by Mr. Thomas Cocoran, Court Reporter. Mr. Thompson stated the exhibits as follows.

• T-1 Public Notice
• T-2 Proof of Publication from the Daily Local News
• T-3 Review Letter dated 12/4/13 from Thomas Comitta Associates
• T-4 Revised Review Letter dated 1/6/14 from Thomas Comitta Associates
• T-5 Review Letter dated 11/14/13 from Advanced GeoServices

The Hearing was continued due to no applicant or applicant representative being present. The applicant will be notified of the Continuance, now scheduled to reopen on February 3, 2013 at 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Marshall Conditional Use Application

Mr. Thompson introduced the Hearing to consider the Application for Paul Marshall and Julie Pfeiffer-Marshall for Conditional Use Approval pursuant to Sections 27-1619 of the Charlestown Township Zoning Ordinance for adaptive re-use of a historic resource for an educational and cultural facility located on their property at 2226 Charlestown Road, Malvern, PA 19355.

The proceedings were taken by Mr. Thomas Cocoran, Court Reporter. Mr. Thompson stated the exhibits as follows.

• T-1 Public Notice
• T-2 Proof of Publication from the Daily Local News
• T-3 Letter from Lentz, Cantor & Massey, LTD. Dated 1/6/14

At the request of the Applicant, no testimony was heard this evening. The Hearing was continued to February 3, 2013 at 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Old Business

Community Day Update

Karen Schlichter, Chairperson for the 2014 Charlestown Community Run & Community Day provided an update on Community Day, scheduled for October 4, 2014. She discussed the branding of the Day, and described the first steps toward coming up with an encompassing logo that would also have the option of being able to be modified each year. To capture the identity of the day itself, the Township’s beauty, and the attention of residents, they requested approval of the Board to proceed with the initial draft of the logo portraying a leaf in front of a map of Charlestown Township. The art work and research was done by Bruno Forcine and Rich D’Ginto.

Laura Assayag, Chairperson for the 2014 Community Day, described a new website and email address dedicated to the Day. It was better linked with community websites and social networking services like Facebook. She reviewed the header design and discussed each tab’s contents.

Amy Kokas, Co-Chairperson for Sponsorship Drive for Charlestown Playhouse, reviewed the sponsorship package, and requested 3 approvals for the committee to proceed.

The Board of Supervisors felt it was a great start and well thought out plan, and told the three committee members to proceed.

New Business

Spring Oak Final Plan Including Phasing Amendment

John Mostoller and Marc Kaplan, Esq. (representing JP Orleans) were present to answer questions on the revised final plan for Spring Oak. This includes a change to the Phasing Agreement to include three construction phases rather than the original two phases.

Mr. Wright referred to the most recent review letters, indicating that all outstanding issues have been resolved. He said all stand-alone issues and NPDES permit items were satisfied. This allows them to post escrow for Phase 1. He recommended that the Board grant the requested revised final approval.

Mr. Kaplan said all permits are in place and the HOA documents are the only ones in process. Mr. Thompson told the Board there were three final issues regarding the financial security agreement he would relay to the Board.

Mr. Kaplan told the Board it was fine for the Township to exercise rights regarding default or removal from developer agreement, but not as far as a unilateral ability to revoke permits. He cited the procedural guidelines in Articles 5 & 6 of the MPC Code.

Mr. Thompson mentioned the pending issue of the dedication of the public streets at Spring Oak. Mr. Kuhn and Mr. Philips were not inclined to accept dedication. Mr. Kuhn agreed that there needed to be some sort of compromise for school buses. Mr. Allen of the Planning Commission, who was in attendance, said the Township never maintains streetlights, alleys, or sidewalks, but thought the roads would be dedicated due to buses and traffic patterns. Mr. Thompson reminded the Board they are not bound to take the roads, nor is it covered in the final approval. Mr. Kuhn mentioned searching for documentation of a previous agreement. Mr. Wright said he remembered in DRC meetings it was school busing concerns that gave him the impression that some roads would be dedicated.

Mr. Kaplan made the point that one road through the property overseen by the HOA will become a through road serving the adjacent future community, so why would they want to cover these costs? At this point Mr. Rodgers suggested tabling the issue.

Mr. Willig said that due to the phasing change, the usage patterns have changed. A discussion with the School District would be helpful. Mr. Kaplan suggested making the through road public. Mr. Philips then suggested the roads connecting the Fillippo Tract to the roads coming from Rees Road and Whitehorse Road be dedicated.

Mr. Thompson will distribute a final approval letter. Mr. Kaplan wants to resolve this by the end of January. Mr. Thompson told the Board he would include approval for the Phasing Plan and include the contingency language regarding road dedication approval.

Mr. Philips made a motion to approve the phasing plan dated 12/9/13 and final approval letter with Mr. Thompson’s amendments to the road approval document. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appoint Additional Members to Devault Rail-Trail Study

Chris Lawrence and Sue Staas, in attendance, were asked by Supervisors if they were interested in serving on the committee and they agreed. Mr. Philips moved to appoint Chris Lawrence and Sue Staas to the Visions Partnership Grant Task Force for the Devault Rail-Trail Study, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Pedestrian Sidewalk Lighting Agreement with Turnpike Commission

Mr. Thompson described an indemnification required by the PA Turnpike Commission for the new sidewalk being installed by Allan A. Meyers, Inc. It provides Turnpike immunity from any liabilities regarding the sidewalk as part of the PennDOT Route 29 Improvement Project. The sidewalk is to be maintained by the Township, but the severity of the clause made the Board and Mr. Thompson feel more research was needed before signing.

PLGIT Agreement for Desk Top Capture Program

Mr. Piliero announced that Mrs. Csete arranged for the Township to be provided with a check scanner to simplify the deposit of checks and avoid any associated bank fees. Mr. Rodgers moved to approve the Desk Top Capture Program with the Pa. Local Government Investment Trust and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

PSATS Conference April 13 to 16, 2014

Mr. Piliero announced that the PSATS Conference was from April 13th to the 16th this year. Mr. Rodgers plans to attend.

Pickering Crossing Escrow Releases #2 and #3 and Exeter Release #1

Mr. Wright said he had reviewed the details and indicated that the Escrow Release Requests #2 and #3 for Pickering Crossing were in order. The Exeter Escrow Release #1 was also in order. Mr. Kuhn moved to approve Escrow Releases #2 & #3 for Southdown Homes’ Pickering Crossing project in the amount of $135,686.05 and $144,468.00, and Exeter in the amount of $781,167.58. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Sue Staas asked how the parking lot for the Horse-Shoe Trail on Rees Road would be affected by the upcoming TND construction at Spring Oak. Kevin replied that he didn’t think that part of the property would be initially affected, since the construction was targeted to the front of the property. He said that if necessary, the Township could be in touch with Orleans.

Adjournment

Mr. Piliero adjourned the meeting at 9:50 p.m. The next meeting is scheduled for Monday, February 3, 2014, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.

Respectfully submitted,


Lisa K. Gardner
Recording Secretary
Sign-in sheet, 1/6/2014