Charlestown Township
Board of Supervisors Business Meeting
Minutes of May 2, 2005

The first business meeting for May was held May 2, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Hugh Willig, Charles Philips, Paul Hogan, James E. McErlane, Esq., Surender Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.

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

Announcements

Mr. Kuhn announced that an executive session was held on April 25, 2005 to discuss legal matters, and a joint executive session with the Planning Commission was held April 30, 2005 to discuss legal matters.

Mr. Kuhn welcomed Mr. Hogan back after recent time off to recover from surgery.

Citizen’s Forum/Non-Agenda Items - None

Approval

Minutes of April 4, 2005

Mr. Rodgers moved to approve the April 4, 2005 minutes, and Mr. Willig seconded. Mr. Kuhn called for discussion, and Mr. Philips asked if we’ve received the bid specs for the Mill or the specs for the Longwood School project. Mrs. Csete responded no, and will contact Dale Frens for an update. Mr. Kuhn called the vote and all were in favor.

Minutes of April 18, 2005

Mr. Hogan moved to approve the April 18, 2005 minutes, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report – April 1-30, 2005

Mr. Rodgers moved to approve the April 1 - 30, 2005 Treasurer's report, and Mr. Willig seconded. Mr. Kuhn called for discussion, and Mr. Philips asked for clarification on one column of the spreadsheet. Mr. Kuhn then called the vote. All were in favor.

Accounts Payable Report – May 2, 2005 - Operating Fund

Mr. Rodgers moved to approve the May 2, 2005 Operating Fund Accounts Payable report, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – May 2, 2005 - Open Space Fund

Mr. Hogan moved to approve the May 2, 2005 Open Space Fund Accounts Payable report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

Mr. Philips moved to accept the monthly reports as submitted, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

Overview – Zoning Hearing Board Application for Gerald & Dorothy Moses for construction of an addition in the side yard setback

Mrs. Csete provided a brief explanation of the zoning hearing board application that requests a variance to permit construction of an addition within the side yard setback. Mr. & Mrs. Moses had recently obtained a variance for their project but after surveying the property line, realized they needed additional relief. After some discussion, the Board decided to take no position on the application.

Presentations

Phoenixville Regional Planning Commission – Kise, Straw & Kolodner

Jody Coulter from Kise, Straw and Kolodner, the consultant for the Phoenixville Regional Planning Commission (PRPC) presented the survey results from the member municipalities conducted last fall, and explained how they were used to help develop the draft regional Comprehensive Plan.

Ms. Coulter explained that the PRPC is in the midst of an 18 month schedule to develop a regional comprehensive plan for the member municipalities including Charlestown, Schuylkill, Phoenixville, East Pikeland, West Vincent and East Vincent. A copy of the Power Point presentation is attached as an addendum to the minutes.

A question and answer period followed the presentation as follows:

Mr. Allen: The rate of return for the surveys was high (26.1%), but was it evenly distributed among the six municipalities? Ms. Coulter responded the survey response rate was very similar among the six.

Mr. Kuhn: There may be a change from previous information provided for Charlestown’s Devault area, with the possibility that additional density won’t be sought as previously anticipated. If so, how much capacity does Phoenixville Borough have? Ms. Coulter said it’s limited and mainly consists of infill.

Mr. Reis: How current are the build out analysis figures? Ms. Coulter responded that they are current, with new census data incorporated since the 2000 census.

Mrs. Reis: Does this plan include any tactics for alleviating traffic congestion? Ms. Coulter said not directly; but the group can pursue funding for corridor studies that can be the basis for future traffic planning.

Mrs. Reis: Was the turnpike slip ramp taken into account? Ms. Coulter said it is included in alternate analyses.

Mr. Philips: Regional fair share issues haven’t been tested in courts. If the PRPC develops and implements a regional comprehensive plan, does it provide any protection to the individual municipalities? Ms. Coulter cited one challenge already underway. In the event of a challenge, the group would defend it jointly.

Mr. Willig: East Whiteland Township is adjacent, but not part of the PRPC group. How will rapid growth there affect the regional comprehensive plan? Ms. Coulter said that contiguous municipalities’ comprehensive plans and zoning ordinance will be referenced in the regional plan as required by the state.

2004 Audit Report – Emory Todd, CPA

Emory Todd, CPA, independent auditor for the Township, began by addressing previous allegations by the elected Board of Auditors Chairman Philip Staas that his firm had insufficient experience in municipal auditing. He referenced numerous education and re-certification processes his firm undertakes on a continuing basis, and distributed a letter from Robert C. Bezgin, CPA, an expert in governmental auditing, who performed the most recent Peer Review on Mr. Todd’s firm. The letter states that Mr. Todd’s practice was in total compliance of the quality control standards established by the AICPA.

Mr. Todd presented financial highlights from the 2004 Audit Report, noting that 2004 was a dramatic year. Total revenue was approximately $1.8 million with expenses of $1.5 million. There was a $300,000 increase in township assets, going from $2.5 to $2.8 million. This was a large increase in fixed assets accompanied by a considerable decrease in cash and investments, which ended the year at approximately $300,000. These changes were due to the improvements to the Woolen Mill of approximately $500,000, the $850,000 Jenkins property acquisition and the $450,000 Solda conservation easement acquisition. He noted that the Township plans to recoup most, if not all the funds from the Jenkins acquisition by retaining a portion of the property for a future park and subdividing and selling off three parcels of the remaining acreage. Now that an Earned Income Tax has been instituted to fund open space acquisitions and other projects, cash and investments will increase to a more desirable level, ultimately to approximately $1 million.

Mr. Todd noted two major changes occurring in 2004: GASB 34 (Government Accounting Standards Board) required that all assets be capitalized by 2004, and this has now been accomplished by retroactively capitalizing all property and equipment. Secondly, the general fund has been separated into three funds: operations, open space, and property & equipment.

Mr. Todd stated that the Township is very fiscally sound and that fiscal management by the Treasurer and the Board of Supervisors has been excellent.

Mr. Kuhn asked for suggestions for improvements. Mr. Todd recommended regaining the balance between acquisitions and cash/investments. 2005 should be used to replenish the coffers to some extent.

Mr. Staas asked if the management letter had been prepared. Mr. Todd said he had copies of it with him and would provide it to the township where it will be available for public review.

Mr. Staas noted the decrease in cash and investments and asked if the Township was in jeopardy of becoming asset rich and cash poor. Mr. Todd responded no, that the EIT taxes will start to kick in during 2005, and that, along with proceeds from the future Jenkins property sale, would replenish the accounts to a desirable level.

Mr. Staas asked at what point should the Township worry about cash flow to avoid the necessity of borrowing to operate? Mr. Todd said there is no fixed percentage. The Township knows its operating costs, as a considerable proportion of them are fixed. Discretionary costs can be adjusted as necessary. Operations can be managed within the cash flow restrictions as set out in the annual budget. Mr. Willig noted that a township always has the option of regulating this through their ability to set tax rates. Mr. Kuhn said the Township may incur more debt this year as interest rates are still very low, but creeping upwards. It may be the best opportunity to leverage funds to maximize open space preservation efforts. He pointed out that the Township is not using any of the Earned Income Tax money for operations; it has strictly been directed toward open space projects, and the board will make certain it is sufficient to cover the costs of these programs.

Old Business

UCC Board of Appeals

Mr. Kuhn noted that this five member board must still be formed, which requires that potential candidates step forward. He requested that a notice inviting interested residents to apply for the position be placed in the upcoming newsletter.

New Business - Continued

Overview – Zoning Hearing Board Application for Kathy Warren/John Davey for construction of an addition within 100 feet of a stream

The applicants were present to provide a brief explanation of the zoning hearing board application that requests a variance to permit construction of a kitchen and family room addition within the 100 foot minimum setback from a stream. After some discussion, the Board decided to take no position on the application. Mr. Kohli indicated that the wetlands delineation should be added to the plan prior to appearing before the Zoning Hearing Board.

Robal Zoning Appeal

Mr. Philips moved to ratify the Board’s decision to file an appeal with the Court of Common Pleas in response to Robal Assoc., Inc. v. Zoning Hearing Board of Charlestown Township, et al., No. 04-07919 prior to the April 30, 2005 deadline, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Jenkins House Lease – rental term ends 5/31/05

Mrs. Csete said the lease agreement with Robert J. Friel and Nichole A. Palmer for the Jenkins house at 2127 Valley Hill Road, Malvern, Pa. has a rental term ending 5/31/05. If no notice is given to the tenants, the lease will continue on a month to month basis. Mr. Rodgers moved to continue the lease on a month to month basis, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Resolution to Designate the National Incident Management System as the Basis for all Incident Management in Charlestown Township - #649-05

Mr. Alston explained that the County Department of Emergency Services has requested that all municipalities consider the adoption of this resolution, which designates the National Incident Management System as the standard for incident management, and further that a letter be sent to all emergency response organizations directing them to train, exercise and use the Incident Command System (ICS) in their response operations. This has actually been the standard in Chester County for many years but would now be formalized. These actions will protect the county’s eligibility for continued federal preparedness assistance grants.

Mr. Rodgers moved to approve Resolution #650-05, which designates that the National Incident Management System (NIMS) is designated as the Township’s standard for incident management, and to send the recommended letter to all emergency response organizations serving Charlestown Township. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Schedule Conditional Use Hearing for Bradco Supply Corp

The Conditional Use Hearing for Bradco Supply Corp. was scheduled for Monday, June 6, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.

Schedule Conditional Use Hearing for Desfor Farms

The Conditional Use Hearing for Desfor Farms was scheduled for Monday, June 6, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.

Authorize Advertisement of Labor, Equipment and Material Bids for 7/1/05 – 6/30/06

Mr. Alston reviewed minor changes made to the bid documents from last year. Mr. Philips moved to authorize advertisement for Road Labor & Equipment and Road Materials bids with a bid opening date of Monday, June 6, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154, subject to a brief review by Mr. Kohli. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Authorize Printing of Spring Newsletter

The Board approved the draft of the spring newsletter with the addition of the notice for the Uniform Construction Code appeals board and addition of a picture for Margy Crawford’s article on the Horseshoe Trail.

Other Business

Budget Review

Mr. Philips had a few questions on the budget review, which includes revenues and expenditures through April 30th. Mrs. Csete responded with the following information:

  1. The costs for the Jenkins property of $2,728 include real estate taxes.
  2. Costs in a few of the road work categories, such as sweeping, appear high because they are performed disproportionately toward the beginning of the year.
  3. The Woolen Mill costs appear high because they include the final 10% payment to CRJ Construction for last year’s project. This represented the retainage to be paid following final inspection.

Open Space Commission

Mrs. Staas distributed a report that summarized Vince Pompo, Esq.’s presentation before the open space commission earlier this month. The Commission recommends that the Supervisors and Planning Commission arrange for a repeat presentation as the information on open space preservation strategies was extremely valuable. Mr. Pompo provided details on how East Bradford Township built strong support from their residents and more particularly, among large landowners, and succeeded in passing two referendums to raise EIT taxes for open space preservation. She complimented the Charlestown supervisors for their courage in achieving as much as they have to date on open space efforts.

Mrs. Staas’ report also made a recommendation from the Commission that the Supervisors expand the list of properties shown on the current Official Map. Mr. Kuhn and the rest of the board members in turn requested that the Open Space Commission take charge of developing a list of properties they recommend be included. Mrs. Staas said they’d be happy to do so and would like to coordinate their efforts with the Planning Commission.

Bond Issue

Mr. Kuhn reported that Eddie Scott offered to speak with one of his contacts who may be interested in refinancing the Township’s existing bond note and incorporating additional funding for future acquisition. Mr. Kuhn said a determination must be made as to the amount of borrowing the township can support with earned income tax revenue. Mr. McErlane responded that combining the existing note with a new one is a generally desirable strategy as it cuts down on costs considerably. Another option is providing bonds that can be purchased directly from the township. Mr. Kuhn asked if the restrictions are similar if the township sells the bonds itself, and Mr. McErlane responded yes, the federal rules are the same. Mr. McErlane said setting up a new arrangement can be done relatively quickly, in about two months’ time.

Project Inspections

Mr. Philips said he spoke to representatives from other townships who have appointed individuals assigned to specifically monitor activities at one land development project or another. There was a brief discussion on this practice.

Adjournment

Mr. Philips moved to adjourn the meeting, and Mr. Hogan seconded. The meeting was adjourned at 9:23 P.M. There will be no meeting on May 16, 2005. The next Board of Supervisors meeting will be held at 7:30 P.M. on June 6, 2005, in room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Secretary