Charlestown Township
Board of Supervisors Business Meeting
Minutes of July 7, 2003

The first business meeting for July was held July 7, 2003, at the Great Valley Middle School, Room 154. Paul J. Hogan, Chairman, Hugh D. Willig, Vice Chairman, Irene W. Ewald, Mike Rodgers, Kevin R. Kuhn, Thomas Oeste, Esq., Surender Kohli, P.E., Tom Comitta, Ed Theurkauf, Mark Hagerty, Court Reporter, Melanie M. Lammers, Recording Secretary, and those on the attached list were present.

The meeting was called to order at 7:30 P.M.

Announcements

Mr. Rodgers announced he met with Representative Gerlach, regarding federal grants for local governments. He said he would turn the information over to Mrs. Csete so she can follow up.

Citizen’s Forum - Non-Agenda Items

There were no Citizen’s Forum/Non-agenda items.

Approvals

Minutes of June 16, 2003

Mr. Kuhn moved to approve the June 16, 2003, minutes pending the following change:

Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Minutes of June 23, 2003

Mr. Kuhn moved to approve the June 23, 2003, minutes as written, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report

Mr. Willig moved to approve the June 1-30, 2003, Treasurer’s report as presented, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report

Mr. Kuhn moved to approve the July 7, 2003, Accounts Payable report, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and Mrs. Ewald restated her objection to check #1883 in the amount of $544.17, to Allen G. Heist Consulting Services.

Mr. Willig noticed there were several residents receiving fairly sizable tax refunds and was curious as to why. Mr. Kuhn indicated that Mrs. Csete had told him some residents had been double-billed. Mrs. Bird cleared up the confusion by informing the Board that those families had been billed a second time due to mortgage refinancing. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Monthly Reports

Zoning Commission

The Zoning Commission report is on file. There were no questions regarding the report.

Planning Commission

The Planning Commission report is on file. There were no questions regarding the report.

Historical Commission

The Historical Commission report is on file. There were no questions regarding the report.

Open Space Commission

The Open Space Commission report is on file. There were no questions regarding the report.

Roadmaster

The Roadmaster report is on file. There were no questions regarding the report.

Fire Marshal/EOC

The Fire Marshal report is on file. There were no questions regarding the report.

Parks and Recreation Committee

Mr. Hogan announced the blacktop work on the basketball court had been completed. He said the next phase is to hang the backboards and nets.

Mr. Hogan said Mrs. Marge Crawford did a good job on the Pickering Preserve Trail, noting it was rerouted a few dozen feet to the left, and one can now walk right up to the bridge without impediment. He said it is much more accessible now. He said Mr. Cabot also cut out an area along Pickering Dam Road so one can access the trail a lot easier. He said Mr. Cabot removed a section of the fence, and it is much more accessible now.

Brightside Farm Committee

Mr. Hogan announced that Mr. Cabot removed a big stump growing out of a wall and is rebuilding that portion of the wall. He said Mr. Cabot is doing such a great job on the wall, that he may re-point the entire wall. Mr. Hogan offered photographs of Mr. Cabot’s work.

Mrs. Ewald announced the Community Gardens are up and running and encouraged everyone to take a look at them. She said a noteworthy feature is the trough built by Mr. Hogan, and also said water is now available from the new well. She labeled this project as “tremendously successful.”

Valley Forge Sewer Authority

Mr. Rodgers indicated the minutes of the last meeting were not yet approved.

General

Mr. Hogan announced that he would like to move ahead on the utility poles currently stashed on Township Line Road. He would like to see them installed with proper spacing in order to be ready for the steel guards when they are available. Mr. Kohli indicated the steel guards are ready; the Township just has to arrange the pick-up of them from PennDOT. He said he would call PennDOT tomorrow to arrange a time.

Hearings

Official Map Ordinance

Mr. Oeste indicated the Township is not ready to move forward with this hearing, therefore, it was continue to September 8, 2003, in room 154 of the Great Valley Middle School.

McCarthy Conditional Use Application

After some testimony, which was court reported by Mr. Mark Hagerty, this hearing was continued to August 4, 2003, in room 154 of the Great Valley Middle School.

Altemose Conditional Use Application

These proceedings were court reported by Mr. Mark Hagerty. After direct examination and preliminary cross-examination of witness, Mr. Thomas J. Comitta, the hearing was continued to September 8, 2003, in room 154 of the Great Valley Middle School.

While the Court Reporter gathered the proceedings and refilled his machine, the Board moved on to other business.

Old Business

Award Contracts for Road Equipment & Labor, Bituminous Materials and Stone Materials, and Tree Work

Mrs. Ewald moved to approve the contracts for Road Equipment & Labor, Bituminous Materials and Stone Materials, and Tree Work, and Mr. Hogan seconded. Mr. Hogan called for discussion, and after Mrs. Ewald named the awarded vendors/suppliers per Mr. Kohli’s recommendation letter dated July 3, 2003, Mr. Hogan called the vote. All were in favor.

Maher Conditional Use Decision

Mr. Oeste indicated approval of this Conditional Use Application was based on six requirements that he read and that have been met. Mr. Kuhn moved to approve the Conditional Use, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

New Business

Resolution Accepting Deeds of Dedication for Roads in the Charlestown Hunt Subdivision

Mr. Kohli indicated he would like to review the package in its entirety and take another look in the field since this begun long ago. Mrs. Ewald moved to table this item, and Mr. Willig seconded, adding that the residents and Homeowners Association have some concerns regarding the roads. Mr. Kohli added that a traffic study was done and speed limit signs were posted. A complaint has been received regarding the placement of a speed limit sign in someone’s yard, and he would like to take a look. Additionally, Mr. Kohli mentioned traffic signals and asked the Board if he should ask Realen to post monies in an account. Mr. Ewald responded that monies do need to be secured, especially for Buckwalter Road. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Request for Extension to Cellucci Land Development Approval

Mr. Hogan indicated people are complaining about the trash and debris. Mrs. Ewald moved to make the approval contingent upon the property being cleaned up within 15 days, being maintained at least two times per month, and following all currently enforced ordinances, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Pole Attachment Agreements with PECO and Verizon - Route 401 and Valley Hill Road

Mrs. Ewald moved to approve the pole attachment agreements with PECO and Verizon, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Resolution to Authorize Roadmaster to Enter Agility Agreement with PennDOT

Mr. Oeste indicated he had a few comments. Mr. Kuhn moved to approve the Resolution subject to Mr. Oeste’s comments. Mr. Oeste indicated the agreement references Attachment B that contains checkboxes to be marked. He noted that none of the checkboxes had been marked. Mr. Alston said it was not required. He said it was based on a bartering system and no money was exchanged. Mr. Oeste was satisfied.

Mr. Oeste said this is a 5-year contract and asked if that is what the Board wants. Mr. Alston replied that there is a 30-day escape clause as well as an annual review of the contract. Additionally, he noted that if there were any problems, the Township could simply stop doing work for PennDOT. Mr. Rodgers seconded the motion. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Hearings (cont’d.)

Zoning Ordinance Amendments to Add “Limited Auto Repair Shop” to Conditional Uses permitted in the Limited Industrial (LI-1) District

See the following hearing entitled, “Conditional Use Application - Performance Automotive”.

Conditional Use Application - Performance Automotive

Sean O’Neill, Esq., requested the above two hearings be dealt with simultaneously, and Mr. Oeste agreed. This hearing was court reported by Mr. Mark Hagerty. Mr. Oeste indicated a decision would be rendered on August 4, 2003, in Room 154 of the Great Valley Middle School.

Old Business (cont’d.)

Deerfield Preliminary Plan Decision

Mr. Oeste asked what Mr. Chuck Dobson and Robert Orlow, Esq. hoped to accomplish at this meeting, given so many outstanding issues. Mr. Dobson indicated he would like approval of the preliminary plan, subject to the issues being resolved.

Mr. Oeste voiced his concerns. He expected that a meeting would take place between Genterra and Mr. Kohli to attempt to resolve these 40+ issues, and that the preliminary plan would then be resubmitted. Mr. Dobson answered that several meetings had taken place with Mr. Kohli prior to the submittal of the plan, and said he was under the impression that was sufficient, and that the remaining issues would be resolved in the field. Mr. Kohli agreed they had met prior to the plan submittal to give necessary clarifications to the designer, but that everything still to be addressed on the preliminary plan was outlined in his review letter. He expected they would then meet again to discuss the items in detail, and added that that meeting never took place.

Mr. Dobson indicated they would still have that meeting, but said the project is very old. He said he has deadlines approaching and needs to move forward. He said nothing in Mr. Kohli’s review letter will cause changes to the design, and indicated he needs to move forward with obtaining other approvals. Mr. Kohli said he assumed Genterra must have had to submit this plan to other agencies, and Mr. Dobson agreed they had. Mr. Kohli then stated that nothing the Township is doing is stopping those approvals.

Mr. Oeste said he is concerned that complying with these conditions may alter the plan somehow, and said Genterra is asking the Board to approve something they have not yet seen. He added that if a decision is required at this time, the Board would have no choice but to deny. Mr. Dobson said it would be foolish to deny at this point, and Mr. Oeste reiterated it would also be foolish of the Board to approve something they have not seen.

Mr. Orlow asked when a decision could be made, and Mr. Dobson added that he does not want to hold up approvals due on items he considers to be housekeeping items.

Mr. Kohli said the Stipulation stated that within 10 days, they were to have a meeting and the plans were to be resubmitted, with approval being contingent upon those items being resolved, other than those items out of Genterra’s control, such as PECO and PennDOT requirements. Mr. Kuhn indicated he also expected a revised plan to come back with the storm water management issues addressed.

Mr. Orlow asked that a timeframe be pinned down within which Genterra could meet with Mr. Kohli. Mr. Kohli indicated he was ready to meet at any time.

Mr. Theurkauf asked Mr. Dobson if he foresees any difficulties with any issues he raised. Mr. Dobson responded he did not. Mr. Theurkauf indicated some of his issues may require grading changes or changes to the position of homes. It was decided that a meeting would take place between Genterra, Mr. Kohli, Mr. Comitta, and Mr. Theurkauf to iron out all issues that can be addressed.

Mr. Dobson said the Stipulation indicated Genterra should pursue a waiver for the installation of sidewalks on just one side of the road and asked for the Board’s feelings on that topic. Mr. Kohli corrected Mr. Dobson, stating the Stipulation indicates there are to be sidewalks on both sides of the road, but that the Board can grant a waiver, if they so choose, to allow sidewalks on just one side of the road. Mr. Theurkauf said he feels having sidewalks on just one side of the road is acceptable due to the low density planned. Mr. Kuhn agreed, and moved to approve that sidewalks be installed on just one side of the road, that side to be determined by the developer. Mr. Hogan seconded and called for discussion. There being no discussion, Mr. Hogan called the vote. All were in favor. The remaining issues associated with this topic were tabled to a future meeting, pending the meeting with Mr. Kohli, etc. and the submittal of a revised preliminary plan.

New Business (cont’d.)

Schedule Ordinance Amendment Hearing - Major/Minor Home Occupations

Mr. Rodgers moved to schedule the Major/Minor Home Occupations Ordinance Amendment Hearing on August 4, 2003, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Agreement with County of Schuylkill - Speed Display Trailer

Mr. Oeste indicated he was not familiar with this item, therefore, Mr. Kuhn moved to table this issue to a future meeting, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Mrs. Bird said she would provide a copy of the Agreement to Mr. Oeste.

Other Business

Mr. Kuhn indicated there is a Zoning Hearing Board meeting coming up and there are now only two members who are Township residents, and no alternates. He indicated he talked to Mr. Joe Fay, and Mr. Fay will ask his wife if she is interested in becoming a member. Mr. Kuhn asked Mr. Oeste if the meeting could be held, and Mr. Oeste said it could, and that the applicant could agree to accept that there were only two resident members present.

Adjournment

Mr. Hogan moved to adjourn the meeting, and Mr. Rodgers seconded. The meeting was adjourned at 11:09 P.M. The next meeting will be held on July 21, 2003, 7:30 P.M. at the Great Valley Middle School, Room 154.

Respectfully submitted,


Melanie M. Lammers
Recording Secretary