CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS MINUTES Charlestown Township Municipal Building 11 General Warren Blvd., Suite 1, Malvern, PA Monday, November 6, 2023

Present

Call to Order:

7:00 p.m.

Announcements

There was an executive session before tonight’s meeting regarding legal matters.

Residents at tonight’s meeting are welcome to take home a green light bulb to show support for Operation Green Light in November. The Chester County Department of Veterans Affairs provided bulbs to show support for the veterans.

Recognition for Thomas Comitta

Mr. Piliero read aloud the inscription of a plaque that recognized Thomas Comitta for 50 years of playing a major role in the land planning and preservation of the rural character and preservation of heritage in Charlestown Township. He in turn returned the compliments by mentioning everyone he has worked with past and present on the Boards and Committees. With a like-minded Board, Mr. Comitta stated that the Township became a “green wedge” between Route 23 and Route 30 and a township that other municipalities look to for direction.

The Board of Supervisors of Charlestown Township formally recognized Mr. Thomas J. Comitta, who has served for fifty years as the Township’s Planner. Mr. Kuhn moved to adopt Resolution #1038-2023 recognizing Mr. Comitta’s contributions to the Township and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Citizens Forum

Mr. Rubenfield mentioned the need for the return of painted lines on Route 29. Mr. Thompson, the Roadmaster, will look into it. It is a state road, and PennDOT was seen working near there today.

Ms. Green asked about the lack of a warning for a temporary road closure for Howell Road. The Roadmaster said that a scheduled pipe repair became a much larger project than first estimated.

Mr. Churchill, representing the Charlestown Township Planning Commission, also stated that Mr. Comitta was an invaluable help and he is thankful for Mr. Comitta’s 50 years of service.

Approvals

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

1. Minutes for the October 2, 2023, Business Meeting
2. October 2023 Treasurer’s Report
3. Accounts Payable Report - All Funds for November 6, 2023

Reports

Mr. Kuhn moved to accept the October 2023 reports #1-16 as submitted, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Hearing

Resolution to Acquire Conservation Easement

Mr. McErlane began an informal discussion about the Nesspor conservation easement. Mr. Philips moved to adopt Resolution #1039-2023 approving the acquisition of the Nesspor conservation easement and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business –

none

New Business

Zoning Hearing Board Overview – Floyd Hertzfeld

Mr. Matthew Korenoski Esq. presented a summary of the Zoning Hearing Board application for Mr. Floyd Hertzfeld, 1133 Valley Hill Road. The application is to appeal an enforcement notice (dated September 18, 2023) for Ace Disposal Services operating at this address. This company is operating in the FR district but it is an unpermitted Use in this district. Mr. Hertzfeld appealed on October 18, 2023. He has been in business since the 1970s.

The zoning officer sent an enforcement notice after a complaint by a township resident. The Supervisors have the authority to rescind the enforcement notice per Mr. McErlane.

Mr. Korenoski elaborated the points below hoping the Board would rescind the notice.

1. An appeal that was denied by the zoning officer in the summer of 1970 regarding office space.
2. A letter from the Chester County Health Department indicating that both the Township and County knew about the business.
3. Historical grounds (the Township allowed it to operate for 50 years after a denial regarding office space).
4. Lack of communication from the Township (and County).
5. An absence of threat to the health, safety, and welfare of the neighbors (some in attendance).

Mr. Kuhn said the Township was obligated to send the letter since there was a formal complaint and it was now up to the Zoning Hearing Board to decide. Mr. Philips was not in favor of rescinding the notice or allowing Ace Disposal Services to continue to operate at the Valley Hill Road address. The rest of the Supervisors took a neutral position.

Mr. McErlane will research the ~1950 ordinance that Ace Disposal Services is operating under and report back to the Board. The business has ~300 portable toilets and 7 trucks. However, due to its surroundings, many did not know the business existed.

Mr. Kuhn moved for the Board to take a neutral position on the Zoning Board application and Mr. Willig seconded. Mr. Piliero called for discussion. The Board voted reflecting a position of four neutral and one opposed. Mr. Philips was opposed.

Appointment of Code Enforcement Officer and Assistant Zoning Officer

Mr. Kuhn moved to appoint Mr. Mark Koenig to the positions of Code Enforcement Officer and Assistant Zoning Officer, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Brandywine Valley SPCA Contract 2024-2028

Mr. Heleniak stated that the existing 5-year contract with the Brandywine Valley SPCA expires at the end of 2023 and a new contract has been proposed and reviewed.

Mr. Philips moved to execute the animal control services contract with the Brandywine Valley SPCA for 5 years, 2024 through 2028. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Armour & Sons Signal Service Contract Expires 2/1/24 – 60-day notice to terminate or option to extend 1 year

Mr. Heleniak noted the current contract is in place until February 1^st of next year, but a 60-day notice is required to either terminate the agreement at that time or extend it for an additional year. He confirmed with the Roadmaster, Mr. Jim Thompson, that he is satisfied with Armour.

Mr. Kuhn moved to extend the current contract with Armour & Sons Electric Inc., for an additional year to February 1, 2025, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Website Design & Maintenance Agreement 11/1/2023-10/31/2024

Mr. Heleniak presented the proposed agreement with Mr. Allen Underkofler, who proposed a $1 per hour rate increase over the previous year.

Mr. Kuhn moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/2023 to 10/31/2024 at the rate of $75.00 per hour, and Ms. Bednar seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution for Re-Adopting the Emergency Operations Plan

Mr. Heleniak stated Mr. Koenig confirmed that the current Emergency Operations Plan is compliant with regulations.

Mr. Philips moved to adopt Resolution #1040-2023, 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.

Resolution to Dispose of Records in Accordance with Record Retention Policy – #15

Mrs. Csete stated she went through the general files to identify administrative records that are no longer relevant. The files are pending destruction as policy directs.

Mr. Kuhn moved to adopt Resolution #1041-2023, to follow the record retention policy for non-essential administrative correspondence from 2015-2021. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Authorize the Advertising for the Adoption of the 2024 Budget on December 4, 2023

Mrs. Csete gave a brief overview of the method to arrive at the next year’s budget.

Mr. Philips moved to authorize the Township Treasurer to advertise the proposed 2024

Budget for consideration of adoption at the December 4, 2023, Board of Supervisors Meeting. The meeting is at 7:00 P.M., at the Township Office, 11 General Warren Blvd., 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 2023 Accounts

Mr. Kuhn moved to authorize the Township Treasurer to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting, to conduct the 2023 audit. Ms. Bednar seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business – None

Adjournment

There being no other business, Mr. Piliero adjourned the meeting at 8 p.m. The next Business Meeting is scheduled for Monday, December 4, 2023, at 7 p.m., at 11 General Warren Blvd., Suite 1, Malvern, PA.