CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS MINUTES
Charlestown Township Municipal Building
11 General Warren Blvd., Suite 1, Malvern, PA
Monday, February 3, 2025

Present

Supervisors:
Kevin R. Kuhn, Chairman, Charles A. Philips, Maddy Carlson, Louis P. Rubinfield, and Hugh D. Willig.
Consultants:
Mark P. Thompson, Esq., and Daniel T. Wright P.E.
Staff:
Chris Heleniak, Manager, Mike Allen, Township Planner, and Linda Csete, Treasurer

Call to Order:

7:00 p.m.

Announcements

There were no announcements.

Citizens Forum

Cordelia Kane requested a truck study on a section of Charlestown Road where her house is located. Mr. Heleniak said PennDOT would also evaluate speeds and determine if any changes are warranted. If so, the Township would need to pass an ordinance with the new restrictions.

Mr. Philips moved to approve the request for a truck study, and Mr. Rubinfield seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Approvals

Mr. Philips moved to approve the minutes for the January 6, 2025 Reorganization Meeting and Business Meeting and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Willig moved to approve the January 2025 Treasurer’s Report and Mr. Rubinfield seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips moved to approve the February 3, 2025 Accounts Payable, and Mr. Rubinfield seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

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

Mr. Kuhn asked about the charges from the Swiss Pines account for electric repairs and oil delivery. Mr. Heleniak said the oil delivery is for the Llewellen mansion, and the electric repairs were for one of the Swiss Lane houses needed as part of the update to the HVAC system.

Organization Matters

Resignation of Board of Supervisors Member

Mr. Kuhn announced that Frank Piliero has resigned from the Board of Supervisors due to a requirement that supervisors reside in the Township, and he had recently moved. He said Mr. Piliero had served as Supervisor for over 12 years and had been instrumental in recommending the long term rental of the new Township office as opposed to buying. He also provided good guidance on financial and insurance matters. Mr. Philips moved to accept the resignation of Township Supervisor Frank Piliero and Mr. Willig seconded with regret. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Appointment of Supervisor

Mr. Kuhn said that approximately eight months ago, an exhaustive search for a new supervisor was undertaken following a vacancy, and at that time Mr. Rubinfield was selected. Madeleine Carlson was also interviewed and was likewise a very strong candidate with whom the Board was extremely impressed. He introduced Ms. Carlson, who is an attorney, registered nurse and most recently worked in the pharmaceutical field. She has served at both the Chester County Veterans Affairs office and the Center for Aging.

Mr. Philips moved to appoint Madeleine Carlson as Township Supervisor for the unexpired term ending 2027 and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Acting as Notary, Mrs. Csete swore in Ms. Carlson as she took her Oath of Office, and she was welcomed to the Board. Mr. Philips added that the Carlsons restored a historic barn on their property and said it is great to have someone on the Board with this level of interest in historic preservation.

Old Business

JPOrleans Request for Dedication of Improvements at Spring Oak

Mr. Wright said he received a request from JP Orleans for dedication of Spring Oak and the release of escrow funds for Phases I through III. He referred to his letter dated 1/8/25 outlining the required site inspection process and his subsequent letter dated 1/30/25 with the results of that inspection and a recommendation on the appropriate escrow release amounts as follows:

Phase I Release #14 $345,033.84
Phase II Release #10 $13,500.00
Phase III Release #10 $395,824.10

Mr. Wright said over $500,000.00 has been held back, plus the 10% contingency on each phase, until all punch list items are addressed. Mr. Philips asked if this amount will be sufficient to cover all remaining items, and Mr. Wright said yes, and the developer is incentivized to receive the balance and contingency.

Mr. Philips moved to approve the escrow release amounts for Spring Oak, Phases I through III as recommended by the engineer, and Ms. Carlson seconded. Mr. Kuhn called for discussion. Spring Oak board member Mr. Bayo Ayoade asked if Mr. Wright and Mr. Heleniak received his deficiency report, and Mr. Wright confirmed, saying the information was helpful and taken into consideration.

Following discussion, Mr. Kuhn called the vote and all were in favor.

Christopher and Meg Zaro Conditional Use Decision and Order

Mr. Thompson said a conditional use hearing was held on December 2, 2024 after which the Supervisors voted to approve the application subject to Mr. Wright’s review comments. A written decision has now been prepared.

Mr. Willig moved to approve the Zaro Conditional Use Decision and Order as prepared by the solicitor, and Ms. Carlson seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

Appointment of Environmental Advisory Committee Member

Upon recommendation by the EAC, Mr. Philips moved to appoint Faith Talnack to the Environmental Advisory Committee for an unexpired term ending 12/31/27, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Bodine Properties LLC Minor Subdivision Application

Jack Robinson, P.E. of JMR Engineering LLC presented the minor subdivision plan for a two lot subdivision of the 4 acre property at 2081 Bodine Road. The parcel currently has two homes on it, one of which will be removed. The parcel will be subdivided into two lots with a new home to be constructed on the upper flag lot which will be considerably larger than the older home was. He said the plan legitimizes what was already there.

Mr. Philips asked for the access location to the two lots, and Mr. Robinson showed it on the display screen. He said they received variance relief in order to keep the driveway further from the

neighboring property as a courtesy, and to save trees. Mr. Philips asked if there would be additional screening, and Mr. Robinson said replacement trees will be planted primarily on the north side.

Mr. Wright said they worked through a number of stormwater management issues and the result will be much improved from existing conditions. He said Mr. Comitta was satisfied with the tree replacement plan, and Mr. Wright supports the waiver request to allow a portion of the stormwater management to be above ground. It will be a combination basin, most of which is below ground with the surface portion being screened and far from the street with vegetation surrounding it. He said he thinks this is an appropriate design that works well with the topography.

Mr. Willig moved to approve the Minor Subdivision plan for Bodine Properties subject to the consultants’ review letters, and Ms. Carlson seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Willig moved to approve the waiver request from the stormwater management requirement that the system be entirely underground, and Ms. Carlson seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Hearing to consider Single Use Plastics Ordinance

Mr. Thompson opened the hearing to consider an amendment to Chapter 13, Licenses, Permits and General Business Regulations to add a new Part 2 to promote the use of reusable bags and prohibit various single-use plastics. Mr. Thompson indicated the ordinance was properly advertised.

Mr. Thompson said the ordinance will prohibit single use plastic bags and single use paper bags by retail establishments along with plastic utensils. Mr. Heleniak said the first violation can take the form of a written warning with no fine. Mr. Rubinfield asked why the fines are structured to build on the first fine and be reset every twelve months. The general consensus was that the fines aren’t meant to be punitive but to encourage compliance. Mr. Kuhn asked if the retail establishments will receive notice of the new ordinance, and Mr. Heleniak said yes, noting that the ordinance won’t take effect for six months. As Manager, he will be responsible for enforcement.

Mr. Philips moved to adopt Ordinance #225-2025 amending Chapter 13 of the Charlestown Township Code for Licenses, Permits and General Business Regulations, and Mr. Willig seconded. Mr. Kuhn called for discussion. Ms. Jill Green asked the ordinance applies to businesses such as the dental and optical establishments as well, and Mr. Heleniak said yes. Mr. Greg Nesspor was opposed to the ordinance, respectfully disagreeing with the idea that it is necessary for only six establishments in the Township. Ms. Green asked if the Township has a fine for littering, and Mr. Heleniak said no. There being no further discussion, Mr. Kuhn called the vote and all were in favor.

Swiss Pines Survey Proposal

Mr. Heleniak said that as part of the development of a Preliminary Master Plan for Swiss Pines, a survey is needed. He said Mr. Wright obtained quotes from four engineering firms, with E.B.

Walsh & Associates being the lowest at $61,800.00. The survey would include existing features, utilities, rights of way, easements, roads and driveways, and streams and ponds. Wetland boundaries are not included and there would be an additional charge if added to the scope.

Mr. Willig asked if the data would be GIS compatible and Mr. Wright said yes. Mr. Nesspor said the proposed cost is very reasonable, and board members agreed, with Mr. Heleniak stating the highest quote was for $97,000.

Mr. Richter asked if a tree inventory is included, and Mr. Heleniak said no, this would probably be done as part of the Final Plan by an arborist. Mr. Wright noted that the survey will show tree lines and trees outside of those lines.

Mr. Philips moved to accept the E.B. Walsh proposal to survey the Swiss Pines property and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Set Tax Collector Compensation

Mr. Heleniak said that since the Township uses an appointed tax collector, the elected tax collector has no duties and a salary was set prior to the last election at $500.00 per year. The position and setting of a salary are still required by state law. The Board discussed reducing the amount. Mr. Philips moved to adopt Resolution #1071-2025 setting the Tax Collector’s Compensation for the elected term 2026-2029 at $100.00 annually, and Ms. Carlson seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Authorization to Seek Bids for the Phoenixville Pike/Yellow Springs Road/Sidley Road Intersection Improvement Project

Mr. Heleniak said the intersection is entirely in East Whiteland Township, but Charlestown Township is a co-permittee due to the original construction of the signal being required for the Charlestown Oaks development. A grant to cover most of the cost of the improvements was obtained in Charlestown’s name.

Mr. Kuhn moved to authorize advertising for bids for the Phoenixville Pike/Yellow Springs Road/Sidley Road intersection, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Heleniak said the award for the contract would take place in April, and construction will commence after school ends in the spring and conclude prior to school start. Turning lanes will be part of the improvements. The cost will be covered by the grant of $700,000 plus a $150,000 contribution each by East Whiteland and Charlestown Townships.

Mr. Philips asked for the schedule for improvements to begin on the Route 401 and Valley Hill Road intersection. Mr. Heleniak said there was a year’s delay to obtain historical clearances, and the project is now expected to move forward in 2027. The state is covering the entire cost with no match required by the Township. Mr. Kuhn added that there will be turning lanes, additional stormwater management controls, and road widening of Rt. 401.

Other Business

Mr. Philips asked why the Brightside Trail and Charlestown Park Trail aren’t plowed in the winter. Mr. Heleniak said that once winter maintenance is undertaken on a trail, the Township is obligated to keep it clear and salted at all times or incur liability exposure. For this reason, most municipalities don’t provide winter maintenance for them. He noted the Chester Valley Trail is owned by the County, which is why that one is maintained.

Mr. Willig asked if more deer crossing signs could be installed along Charlestown Road north of Swiss Pines to Pickering Dam Road, and Mr. Heleniak said he’ll discuss it with the Roadmaster.

Adjournment

There being no additional business, Mr. Kuhn adjourned the meeting at 7:56 p.m. The next business meeting is scheduled for Monday, March 3, 2025, at 7 p.m., at 11 General Warren Blvd., Suite 1, Malvern, PA.

Respectfully submitted,


Linda M. Csete
Township Treasurer/Admin
Sign-in sheet, 2/3/2025