Charlestown Township
Board of Supervisors Business Meeting
Minutes of November 5, 2007

The first business meeting for November was held November 5, 2007 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Aliena Gerhard, Linda M. Csete, Township Administrator, and those on the attached list were present.

Mr. Kuhn called the meeting to order at 7:35 P.M.

Announcements

Mr. Kuhn reminded everyone to vote tomorrow on Election Day.

Citizens’ Forum for Non-Agenda Items

No matters were brought forward.

Presentation

Barbara DeWilde, John Pittock and Nancy Pittock were present from the Charlestown Historical Society. John Pittock introduced himself as Vice President of the Society, and displayed the Society’s 2008 Calendar, which features historic photographs from Charlestown’s Past. He credited Mrs. DeWilde and Jacob Merriwether with much of the work on the calendar, and Janet Baldwin for writing the text accompanying the pictures. He said the calendar was a project the Society took on as an enjoyable means of promoting the Society and Charlestown’s history.

Mr. Pittock extended the Society’s thanks to both present and past supervisors for their help in preserving Charlestown’s history. He thanked the Board for their involvement in preserving the Woolen Mill, naming Paul Hogan especially for his involvement, and for the preservation of the Longwood School ruins.

Mr. Pittock invited the public to the next meeting of the Society, which is November 7th, 7:30 P.M. at the Charlestown Elementary School cafeteria. The calendars will be available for sale at the meeting.

Mrs. DeWilde also extended appreciation to the Supervisors, saying they conduct meetings twice a month and give the community a lot of their time in between. She presented each of the Board members and the Secretary with the CHS calendar. She said the Society is considering a new project for the summer of 2008, which would be a picnic combined with an art show featuring Charlestown artists.

Approvals

Minutes of October 15, 2007 Meeting

Mr. Rodgers moved to approve the minutes of the October 15, 2007 meeting, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Three were in favor. Mr. Kuhn abstained because he was not at that meeting.

Minutes of October 29, 2007 Meeting

Mr. Hogan moved to approve the minutes of the October 29, 2007 meeting, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report October 1 - 31, 2007

Mr. Hogan moved to approve the October Treasurer’s Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund Nov. 5, 2007

Mr. Willig moved to approve the Nov. 5, 2007 Operating Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.

Reports

Mr. Rodgers moved to accept the October monthly reports and Mr. Hogan seconded. Mr. Kuhn called for discussion and then the vote. All were in favor.

Old Business - None

New Business

Robert and Mary Ellen Joos Subdivision

Bob and Mary Ellen Joos presented their plans for a 3 lot subdivision of parcel #35-1-5 located along Church Road, along with associated documents and agreements for approval and signature. Mr. Kuhn said Mr. Kohli has yet to review the final plans, and the solicitor must review the accompanying documents, but both agree that the Board might consider granting approval conditioned on their reviews. Mr. Thompson said Mr. Joos has been very cooperative throughout the process and that it’s standard procedure for him to review the finalized documents. Mr. Joos said some of the documents lack Mrs. Joos’ signature because the forms don’t indicate that the owner needs to sign. Mr. Thompson said he’ll add the necessary signature lines to the documents so that change can be made.

Mr. Kuhn moved to approve the following, subject to review by the Township Solicitor and Engineer.

Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor. Mr. Kuhn thanked the Jooses for offering a conservation easement on their property to the Township. Mrs. Gerhard added that they donated the full value of the easement on over 70 acres of land, and that the easement holder is the French & Pickering Creeks Land Trust.

Zoning Hearing Board Overview – Howard

Elizabeth R. Howard, Esq. was present to provide an overview for an application to the Zoning Hearing Board requesting a variance to allow a kitchen addition on her and James Mackey’s home at 4111 Pickering Dam Road. The addition will encroach on setbacks for this non-conforming lot in the Farm Residential district.

Mr. Kuhn made a motion that the Board of Supervisors take a favorable position toward the application, and Mr. Willig seconded. Mr. Kuhn called for discussion and then the vote. All were in favor.

Purchase Conservation Easement – Bullard

Mrs. Gerhard requested the Board’s approval to purchase the 38.8 acre conservation easement on George Bullard’s Hollow Road property for $970,000. The easement was appraised at $1.4 million, and Mr. Bullard is donating the remainder of the land’s value. The property will contain a trail that links to the Horseshoe Trail, and HARB will have oversight on any additions to the existing house. Woodlands and wetlands on the property will be preserved with the North American Land Trust as easement holder. Mr. Kuhn said this property was also known as the Lindgren estate and Spring Lane Farms. Mrs. Gerhard said prior to Mr. Bullard purchasing the property, it was going to be subdivided and developed.

Mr. Kuhn moved to approve the purchase of a conservation easement on Spring Lane Farms, Hollow Road, owned by George Bullard in the amount of $970,000 to be paid as follows:

Mr. Willig seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Resolution to Apply for DCNR Grant for Lacrosse Field Sprinkler System

The Secretary explained that the Township was able to secure a small grant in the amount of $5,000 to cover the cost of installing a sprinkler system for the Lacrosse Field currently under construction at Charlestown Park from the DCNR. It has been confirmed from the Open Space Director that the grant won’t interfere with the open grant slots available for the open space acquisition program. To obtain the sprinkler grant, the Board of Supervisors must pass a resolution and sign the DCNR form entering into the grant agreement.

Mr. Kuhn moved to pass Resolution #689-2007 authorizing the execution of the grant agreement with the DCNR for the sprinkler grant, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Schedule Advertising and Adoption of 2008 Budget

The Board scheduled the proposed 2008 Budget for adoption at the December 3, 2007 Board of Supervisors meeting, 7:30 P.M. in Room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA and authorized the Secretary to advertise same.

Escrow Release #1 – Desfor Farms

Mr. Kuhn moved to approve escrow release #1 for Desfor Farms, to be released upon the Township’s receipt of a check for $7,090.88 to cover outstanding building permit fees and engineering review fees for the project. Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Charlestown Park – Payment #2 for Lacrosse Field – Lechmanik, Inc.

Mr. Rodgers moved to approve Payment Request #2 from Lechmanik Inc. for the construction of the Lacrosse field at Charlestown Park. Mr. Hogan seconded. Mr. Kuhn called for discussion. He asked Mr. Kohli if he was satisfied with the work to date and Mr. Kohli said yes. Mr. Kuhn called the vote. All were in favor.

Accounts Payable Report – Open Space Fund Nov. 5, 2007

Mr. Rodgers moved to approve the Nov. 5, 2007 Open Space Fund Accounts Payable Report, and Mr. Hogan seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Award Road Salt Contract

The road salt bids were opened and read at the October 15, 2007 meeting and turned over to Mr. Kohli for review and recommendation. Mr. Kohli’s review found the bids to be in order and recommended the contract be awarded to Oceanport Industries, the low bidder.

Mr. Rodgers moved to award the road salt contract to Oceanport Industries, and Mr. Kuhn seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Letter of Engagement – TND Ordinance Review

Andy Motel, Planning Commission Chairman, was present to request authorization from the Board to enter into an agreement with Fronefield Crawford, Esq. to engage his services for a legal review of the proposed Traditional Neighborhood Development ordinance.

Mr. Motel said he circulated the penultimate draft of the ordinance to the Board over the weekend with his remarks shown in red. Since then, Tom Comitta has prepared the final draft copies, which were delivered to the meeting this evening for distribution. He asked that the Supervisors read the final draft carefully before the hearing continues on November 19th.

Mr. Willig said it would be helpful during the hearing if the TND areas are shown more clearly on the large Exhibit C map, and are explained. Mr. Motel said that Area 1 consists of the Spring Oaks property, Area 2 consists of commercial and retail, Area 3 is the existing Neighborhood Commercial district, Area 4 is the Quarry and blacktop plant, and Area 5 is the Tyler Griffin tract.

Mr. Motel said the Township Solicitor recommended that the Township have outside counsel to review the ordinance wording, due to a potential conflict in his office relating to family interests in Devault. Mr. Comitta had then recommended Frone Crawford as alternate counsel. Mr. Crawford may not be able to complete his review in time for the November 19th hearing, but the ordinance can still be discussed at that time. Due to the number of changes in the ordinance since the last draft, the ordinance will need to be re-advertised, posted on the individual properties, and sent back to the County Planning Commission for review. The Secretary indicated that re-advertising will set a new timeline due to various requirements of the MPC.

Mr. Willig asked if the TND ordinance will go back to the Planning Commission, and Mr. Motel said only if there is a major change. Mr. Willig said in any event he’d like the Planning Commission to comment on Mr. Crawford’s review.

Mr. Kuhn asked if the ordinance addresses how to raise funds for road improvements in the TND. Mr. Motel said the recreational fee-in-lieu requirements were mentioned, but not the road improvements. Mr. Willig added that moving utilities underground will be another large expense to address, although the requirement that they be underground is included in the ordinance. Mr. Kuhn asked if PennDOT would allow a turn back of part of Whitehorse Road to the Township. Mr. Kohli said no, they would require that the Township take ownership of the entire road up to Ashenfelter Road and would not allow a partial turn back. Mr. Kuhn asked about PennDOT’s plans to resurface Whitehorse Road. Mr. Kohli said they plan to do the Route 29 improvements first. Mr. Kuhn asked if the Township could make an agreement with PennDOT that they do certain improvements first, then allow the Township to take over, and Mr. Kohli said it’s a possibility. Mr. Motel added that planning commissioner Sarah Peck offered to work on the underground utility issue with PennDOT.

The Board was in consensus that Mr. Motel should proceed and sign the agreement with Mr. Crawford for the TND ordinance review.

Other Business

Brightside Farm – Manure Pit Roof

Mr. Hogan said he’d like the contractor, Michael Comasky, to locate and install a translucent plastic roof so the building can eventually be used as a greenhouse. Mr. Kuhn said he’s spoken to Mr. Comasky about it and so far has been unable to locate the proper material. Mr. Kuhn added that work won’t start until the Board signs off on the proposal.

Historical Signage

Mr. Hogan said he dislikes the sign example provided by Interpretive Solutions in conjunction with their proposal to design, fabricate and install nine historical markers at various locations in the Township. Mr. Kuhn said there is room for adjustment in the specs.

Adjournment

Mr. Rodgers made a motion to adjourn, and Mr. Willig seconded. The meeting was adjourned at 8:45 P.M. The next meeting is scheduled for November 16, 2007, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Administrator