Charlestown Township
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The first business meeting for July was held July 10, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, James McErlane, Esq., Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:41 P.M.
Mr. Kuhn announced that an executive session was held at 6:30 this evening in Room 154 of the Great Valley Middle School to discuss a township logo and legal matters.
Mr. Philips announced that the Jenkins tract was determined not to be a habitat for small whorled pogonia, which is an endangered plant. He noted that after doing some research, this plant has only been found in one county in Pennsylvania, Centre County.
The Supervisors presented a certificate of appreciation to Joe O’Brien, who served the Township as supervisor from 1976-1981 and as a member of the zoning hearing board from 2003-2006. Mr. Kuhn particularly noted Mr. O’Brien’s part in pioneering the Township’s efforts to preserve open space through the 1976 acquisition of Charlestown Park and the early 1980’s purchase of the lands of the Pickering Preserve. Mr. and Mrs. O’Brien will be moving out of the Township shortly.
Former township supervisor and present Zoning Hearing Board member John Martin served with Mr. O’Brien on both boards. He recalled the difficult issues that were taking place when Mr. O’Brien joined the supervisors, including volatile zoning challenges, roads in disrepair, well water problems due to the Warner Quarry shutdown, and numerous other issues. He added that Mr. O’Brien also served as Roadmaster.
Township Solicitor Jim McErlane described Mr. O’Brien as a “great healer” who came onto the Board at a very divisive time for the Township and took the lead in bringing people together.
Mr. O’Brien complimented the present board for doing a great job, noting the harmonious relationship amongst the various boards and commissions under their leadership. He also recalled all the help he received when he first came on the Board from the township secretary at that time, Peggy Chiccino.
No matters were brought forward at this time.
Mr. Rodgers moved to approve the June 19, 2006 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion. He said that the vote to take a neutral position for the Ungvary zoning hearing board application should be corrected to indicate that Mr. Philips and Mr. Rodgers were in favor, and Mr. Kuhn and Mr. Hogan were opposed. There being no further discussion, he called the vote, and all were in favor.
Mr. Hogan moved to approve the June Treasurer’s Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Mr. Philips moved to approve the July 1 and July 10, 2006 Operating Fund Accounts Payable reports and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none called the vote, and all were in favor.
Mr. Rodgers moved to approve the July 10, 2006 Open Space Fund Accounts Payable report, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote, and all were in favor.
Mr. Rodgers moved to accept the monthly reports as submitted, and Mr. Hogan seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.
Mr. McErlane opened the hearing for the Robert Joos conditional use application and the proceedings were recorded by Tim Kurek, court reporter. No testimony was given. The hearing was continued to August 7, 2006, 7:30 P.M.
Mr. McErlane opened the hearing for the Allan A. Myers curative amendment application and the proceedings were recorded by Tim Kurek, court reporter. No testimony was given. The hearing was continued to August 7, 2006, 7:30 P.M.
Mr. McErlane opened the hearing for the Daly conditional use application and the proceedings were recorded by Tim Kurek, court reporter.
The following witness gave testimony:
The following exhibits were entered into the record for the Applicant:
| • | A-1 | Copy of the Deed listing the old UPI # |
| • | A-2 | Conditional Use Application |
| • | A-3 | Conditional Use Plan |
| • | A-4 | Thomas Comitta Associates review memorandum dated 6/5/06 |
| • | A-5 | Kohli & Associates review letter dated 6/7/06 |
| • | A-6 | Supporting Documentation for the Application, including Color Photos and Conditional Use Narrative |
The following exhibits were entered into the record for the Township:
| • | T-1 | Public Notice |
| • | T-2 | Proof of Publication in the Daily Local News |
The hearing was closed. Mr. Rodgers moved to approve the conditional use application for Frank & Tina Daly subject to the consultants’ review comments, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none called the vote. Four were in favor, and Mr. Hogan abstained.
Ordinance to Extend Agreement with Phoenixville Regional Planning Commission
Mr. McErlane opened the hearing for the ordinance to extend the agreement with the PRPC, and the proceedings were recorded by Tim Kurek, court reporter.
The following exhibits were entered into the record for the Township:
| • | T-1 | Proof of Publication in the Daily Local News |
| • | T-2 | Public Notice |
The hearing was closed. Mr. Willig moved to approve Ordinance #133-2006, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Following upon the recommendations in Mr. Kohli’s letter dated 6/28/06, Mr. Rodgers moved to award the July 1, 2006 – June 30, 2007 Road Labor & Equipment Contract to Melchiorre Construction Co., the Bituminous Materials Contract to Independence Construction Materials, and the Stone Materials Contract to Glasgow Inc. Mr. Philips seconded. Mr. Kuhn called for discussion.
Mr. Alston asked the Supervisors to table the award of the bituminous materials contract until he has time to investigate his reservations on the quality of materials from the low bidder.
Mr. Rodgers amended his motion to award the July 1, 2006 – June 30, 2007 Road Labor & Equipment Contract to Melchiorre Construction Co., the Stone Materials Contract to Glasgow Inc., and to table the award for bituminous materials to August 7, 2006. Mr. Philips seconded. Mr. Kuhn called the vote, and all were in favor.
Tom Ludgate, Ludgate Engineering, and Mark Hodgeman of Springs Development presented a lot line change plan dated 6/29/06 for two lots on Pikeland Road. They are asking for final approval this evening.
Mr. Hogan moved to approve the minor subdivision plan subject to the consultant’s review comments, including a plan revision to include the conditional use approval on the plans, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to pass Resolution #664-2006 amending the Sewage Facilities Plan for Charlestown Township to include the Ashford Subdivision, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote, and all were in favor.
The Board reviewed the conditions of the conditional use decision approving the application for Bala Investments and Mr. Kuhn confirmed that Mr. Kohli’s suggested changes from his email this afternoon have been incorporated. Mr. Philips confirmed that Best Management Practices and maintenance of the conservation area were covered. Mr. McErlane said they are covered under condition #3 and under the broad scope of condition #1. Mr. Kuhn moved to approve the conditional use application, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none called the vote, and all were in favor.
The Administrator referred to a memo and insurance quote provided by Ken Moyer of the Simkiss Agency for malpractice insurance coverage for Ms. Gerhard, who may handle legal issues for the township relative to her position as Open Space Director. Due to the relatively high cost of the coverage, Ms. Gerhard offered to research alternatives.
Mr. Rodgers moved to adopt Resolution #665-2006 authorizing the Open Space Director to execute the grant application to Chester County for the Pigeon Run Greenway Phase I project and to execute the Declaration of Covenants, Conditions & Restrictions for these properties. Mr. Willig seconded. All were in favor.
This matter was tabled until the August 7th meeting.
The Conditional Use Hearing for John and Marie Giuliani was scheduled to open on August 7, 2006, 7:30 P.M. at the Great Valley Middle School, 254 N. Phoenixville Pike, Malvern, Pa.
The Secretary was asked to contact the applicant to see if they would agree to move the next hearing from August 21st to August 8th.
Mr. Philips said there is no easement on the 22 acre portion of the Brightside Farm which contains the farmhouse and accessory buildings, and one should be placed on this acreage to prohibit future subdivision. Mr. Kuhn asked if he felt it should also preclude the sale of the property, and Mr. Philips said no. Mr. Rodgers suggested separating out the farmhouse area with about 12 acres, leaving an additional 10 acres to the open space portion of the property.
Ms. Gerhard said she confirmed with the county that other than the standard Declaration of Covenants, Easements and Restrictions, there is no deed restriction on the open space portion of the Brightside Farm. She added that she believes grant monies may be available for the construction of trails, placement of an easement, and rehabilitation of the farmhouse and structure. Bids may be required on the rehabilitation work in order to apply for funding. Mr. Philips suggested she start with Dale Frens’ survey of the buildings that is on file at the township office.
Ms. Gerhard said she is also looking into the possibility of a native plant sanctuary at the Farm, and added that Alix Coleman is interested in the same on her property. Another option for the Farm is a rain garden, although Mr. Philips was concerned about the maintenance of these uses. Ms. Gerhard said there are volunteer organizations that focus on maintaining these types of gardens.
Mr. Philips said the Board authorized an assessment of the buildings at Spring Oaks by Dale Frens and asked for the status. After some discussion, it was unclear whether the applicant can be required to provide this assessment. Mr. Philips will draft a letter to J. Loew and Associates on this issue.
Mr. Philips referenced Mr. Frens’ meeting minutes of 6/15/06 which provided recommendations for the interior of the Woolen Mill. Mr. Willig said the next step is a response to Mr. Frens from the Board.
Mr. Martin asked if there are grants available through the Township for maintenance of the Stinson Markey house and outbuildings. The property is owned by the Charlestown Historical Society, which has been struggling to maintain it. Mr. Philips asked why the Society doesn’t consider placing a restrictive easement on the property and selling it. Mr. Martin said one of the CHS members would have a strong objection to this. Mr. O’Brien said he would also object, stating that the Township should contribute to the maintenance of this historic house. He recalled how much Stinson Markley and his wife contributed to the community, and said that promises were made to Mr. Markley by previous boards that should be honored.
Mr. Philips said the Board’s policy is not to donate funds to private institutions, even non-profit ones such as the Historical Society or Nature Center. Mr. McErlane said that legally, the Township has no obligation to preserve the property but it does have the authority to appropriate funds for this purpose if the Board wishes to do so. In this case, the CHS is a non-profit organization furthering the Township’s historical and open space preservation interests. Mr. Kuhn said they will look into the possibility of obtaining grants and possibly consider a match.
Mr. Rodgers said a stop sign has been erected at Foster Road at the intersection with Bodine Road, but there are none on Bodine. He said they are needed there as well as at Bodine Road and Rosewood Lane. The Secretary will check with the Roadmaster on these issues.
Mr. Kuhn referenced a notice from the CCATO offering National Incident Management System (NIMS) training and said either the date or day of the week listed is incorrect. The Secretary will confirm the date. Mr. Kuhn also asked the Secretary to find out if the township presently receives any funding that would be withheld by FEMA if the board did not receive the training.
Mr. Kuhn asked Mr. McErlane to provide the Board with an update on the negotiations with Verizon with regard to the proposed franchise agreement and he will report back.
Mr. Kuhn referenced the Steinbauten, Inc. 6/25/06 proposal to revise the doorway to the Longwood School Ruins. Mr. Hogan said Dale Frens and Rosemary Philips marked the area for the doorway. Mr. Rodgers moved to accept the proposal for the doorway revision, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The meeting was adjourned at 9:11 P.M. The next meeting is scheduled for August 7, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.