Charlestown Township Board of Supervisors Business Meeting Minutes of January 22, 2007

The second business meeting for January was held January 22, 2007 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig (arrived during Altemose hearing), Mark Thompson, Esq., Surender S. Kohli, P.E., Gary Bender, Esq., Linda M. Csete, Township Administrator, and those on the attached list were present.

The meeting was called to order at 7:39 P.M.

Announcements

Mr. Kuhn announced that the Township was reimbursed $3,000.00 from the French & Pickering Creeks Trust representing an easement monitoring fee for the Piliero property. This easement was subsequently placed with the North American Land Trust.

The Secretary announced that the Chester County Planning Commission is asking county residents to participate in an on-line survey to provide them with input for Landscapes2, and distributed cards containing the website link to those in attendance.

Citizen’s Forum/Non-Agenda Items

No matters were brought forward at this time.

Approvals

Minutes of January 2, 2007 Reorganization Meeting

Mr. Hogan moved to approve the minutes of the January 2, 2007 Reorganization meeting, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Four were in favor.

Minutes of January 2, 2007 Business Meeting

Mr. Rodgers moved to approve the minutes of the January 2, 2007 Business meeting, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Four were in favor.

Hearings:

Leon and Carol Altemose Curative Amendment Application

Mr. Thompson opened the hearing for the Leon and Carol Altemose Curative Amendment application, and the proceedings were recorded by Tom Corcoran, court reporter.

The following items were entered into the record by the Applicant:

• A-7  Susan Brecht, Brecht Associates, Qualifications
• A-8  “Today’s Continuum of Care - Senior Living Continuum Expanded”

The following witness testified for the Applicant:

• Susan Brecht

The following individual was made a party to the proceedings:

• G. Michael Main

The hearing was continued to February 20, 2007, 7:30 P.M. at the Great Valley Middle School.

Robal Associates Curative Amendment Application

Mr. Thompson opened the hearing for the Robal Associates Curative Amendment application, and the proceedings were recorded by Tom Corcoran, court reporter. The applicant was not in attendance, so there was no testimony. The hearing was continued to February 20, 2007, 7:30 P.M. at the Great Valley Middle School.

Sound Barrier/Noise Ordinance

Mr. Kuhn announced that the hearing on the Noise Ordinance would be postponed to allow more time for legal review.

Old Business

Resolution to Accept Road Dedication in Charlestown Oaks – Brandywine Road and Yorktown Road

Mr. Kohli indicated that everything was in order for the Board to consider accepting road dedication. Mr. Rodgers moved to adopt the Resolution to accept road dedication of Brandywine Road and Yorktown Road in the Charlestown Oaks development. Michael Braunfeld and Barbara Rufe of the Charlestown Oaks Homeowners Association were in attendance. Mr. Braunfeld said they have an outstanding issue with the Lennar Corporation, where Lennar was to reimburse the Association for approximately $30,000 of road maintenance and repair on these two roads over the past three years. They’ve been billed for about half the amount but there has been no response. Mr. Rodgers’ motion died for lack of a second.

Mr. Kuhn said the HOA would like to work out an arrangement with the Township to coordinate winter maintenance efforts once the roads are accepted. The HOA brings in a contractor for the HOA-owned roads, and there is inefficiency with having the township contractor come in for the two main roads. He asked if there would be any issue with the HOA contractor subcontracting with the Township contractor to clear all the roads. Mr. Thompson said that would be no problem. Mr. Kuhn said another option would be for the HOA to take ownership of the two roads offered for dedication.

New Business

Stonorov Conditional Use Decision

Mr. Thompson summarized the draft decision for the Stonorov conditional use application, which Mr. Kohli had reviewed and found acceptable. Mr. Rodgers moved to approve the decision, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Real Estate Transfer Tax Ordinance

Mr. Rodgers moved to authorize Mr. Thompson to advertise the hearing for an ordinance to bring the township into compliance with Act 140 for February 20, 2007, 7:30 P.M., or the next hearing date that will meet advertising requirements, at the Great Valley Middle School. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Jenkins Property – Hunting

Mr. Kuhn said a question arose over the weekend as to whether the tenants at the Jenkins property are permitted to hunt there. Police were called by neighbors when they saw Mr. Friel bow hunting on the property. Mr. Rodgers said there had also been reports of shotgun fire. None of the board members were opposed to bow hunting on the property, but after more discussion, they determined it would be more prudent to keep with general township policy that does not permit hunting on Township-owned property. Otherwise the Township would need to determine which hunters were using the property and obtain insurance information from them. Another consideration is that the area is slated to be a future township park, and it would be better not to have hunters accustomed to using the property prior to the transition. Also, it’s anticipated that the tenants will not be renting the house for more than a few more months, so they would be gone before the next hunting season begins. The current season is over January 31, 2007, rendering the question moot. Mr. Kuhn asked the Secretary to contact the tenants and inform them that hunting will not be permitted for the remainder of the hunting season on the Jenkins parcels.

Stationery

The Secretary distributed proofs of stationery, envelopes and business cards with the Township logo for comments, and the supervisors indicated changes they wanted to make. The Board asked to review the final proof when it’s ready prior to going to print. Mr. Philips asked for the status of other signage, and the Secretary said she hadn’t made much progress with the exception of the gateway signs, which the graphic designer was working on. Mr. Philips suggested she contact the Historical Commission for language for the various historic sites in the township as the first step in obtaining historical marker signage.

Brightside Farm

Mr. Philips said the Township should move forward with placing an easement on the unrestricted portions of the Brightside Farm. Mr. Kuhn said they need to consider what restrictions are desired, and said they should include restriction from further subdivision. He said he wouldn’t preclude the sale of the portion containing the farmhouse and outbuildings. Mr. Philips said he would not be in favor of façade easements but would restrict the locations of any future structures. Mr. Kuhn said he’ll contact Mrs. Gerhard and ask for her recommendations, including the possibility of obtaining additional county funds if the easement was created.

Revolutionary War Cemetery

Mr. Hogan said he visited the cemetery with mason Fred Pier to look at the repairs needed to the wall. Mr. Kuhn said Mr. Pier’s cost estimate for repairs sounded very reasonable. There was some concern that Mr. Pier may not have noted the extent of the structural repair needed to the wall when making his estimate. Mr. Kuhn said Mr. Pier should be informed the estimate will be kept on file until the question of the Township acquiring the property is resolved.

Mr. Hogan said he spoke to Joe Stokes from the Sons of the American Revolution, and he offered to bring volunteers to the cemetery to do a general clean up.

Mr. Kuhn asked who is investigating the title to the cemetery property, and Mr. Philips said Jane Dorchester and Mrs. Philips are working on it.

Mr. Philips recalled that years ago, the Township Solicitor recommended against acquiring the cemetery property, and Mr. Thompson offered to check with Mr. McErlane to see what the reason was. Mr. Thompson confirmed that regardless of whether the Township or a Church owns the property, PennDOT can’t condemn additional ground for road widening if graves are to be disturbed. Mr. Kuhn noted that a conservation easement should be placed on the property if the Township does acquire it.

Adjournment

The meeting was adjourned at 9:36 P.M. The Supervisors held an executive session following the meeting to discuss legal matters. The next meeting is scheduled for February 5, 2007, 7:30 P.M. in Room 154 of the Great Valley Middle School.