Charlestown Township
Board of Supervisors Business Meeting
Minutes of March 3, 2008

A business meeting was held March 3, 2008 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Charlie Philips, Vice Chairman, Michael Rodgers, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Tom Comitta, Linda Csete, Township Administrator, and those on the attached list were present.

Mr. Kuhn called the meeting to order at 7:34 P.M.

Announcements

Mr. Kuhn announced that the Board held an executive session prior to the meeting to discuss legal and real estate matters.

Citizens’ Forum for Non-Agenda Items

No matters were brought forward.

Approvals

Minutes of February 4, 2008 Meeting

Mr. Rodgers moved to approve the minutes of the February 4, 2008 meeting, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report February 1- 29, 2008

Mr. Hogan moved to approve the February 2008 Treasurer’s Report and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund March 3, 2008

Mr. Rodgers moved to approve the March 3, 2008 Operating Fund Accounts Payable Report and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote and all were in favor.

Accounts Payable Report – Open Space Fund March 3, 2008

Mr. Rodgers moved to approve the March 3, 2008 Open Space Fund Accounts Payable Report with the exception of check #1385, which will be held for clarification, and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.

Accounts Payable Report –State Fund March 3, 2008

Mr. Rodgers moved to approve the March 3, 2008 State Fund Accounts Payable Report and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.

Reports

Mr. Hogan moved to accept the February monthly reports and Mr. Willig seconded. Mr. Kuhn called for discussion.

Mr. Philips asked if the Township took care of some state roads during the recent winter storm and whether there was a reimbursement due from PennDOT. Mr. Alston said that due to several accident reports, he did send a truck out to salt a portion of both Pikeland Road and Yellow Springs Road, but since the Township has an agility agreement with PennDOT, the two parties simply work out an exchange of services when one helps the other out. Mr. Kuhn asked what portion of anti-skid materials are mixed in with road salt. Mr. Alston said it’s generally close to 50/50. This year the Township has used 200 tons of each material. Last year they used 300 tons, and in 2006, 500 tons.

Mr. Kuhn asked if there was any cost benefit to using 100% salt. Mr. Alston said salt doesn’t provide any traction benefit, and would be more expensive than a mix. Mr. Kuhn said that the anti-skid leads to the need for street sweeping, which is an additional cost. Mr. Alston said that the street sweeping would be needed regardless because of leaves.

Mr. Kuhn asked for verification that Schuylkill Township had been approached in the past to see if they would provide winter maintenance on Tinkerhill Road in exchange for a similar stretch of another road. Mr. Alston said he had offered an exchange of Ashenfelter Road in the past but Schuylkill had declined. Mr. Kuhn offered for the Board to approach the Schuylkill supervisors to ask if they would reconsider, as it makes logistical sense for both townships.

Mr. Alston explained that he will be attending a meeting at the East Whiteland Fire Company tomorrow night. The Fire Company is seeking donations from various sources to raise $60,000 in order to pay for a feasibility study to determine future growth and expansion needs. Mr. Alston asked if the Board would consider a donation of $2,000 toward the study. The Administrator indicated that there are funds available in the fire protection budget to cover this amount. Mr. Philips moved to authorize that Mr. Alston pledge the amount of $2,000 toward the feasibility study on behalf of the Township, and Mr. Kuhn seconded. Mr. Kuhn called for discussion. He asked when the study would be completed, and Mr. Alston said within 120 days. Mr. Kuhn asked what the service area was for the fire company, and Mr. Alston said they service all of East Whiteland Township, about 2/3 of Charlestown Township, and a small portion of West Whiteland Township. He added that Charlestown comprises about 10% of their calls. There being no further discussion, Mr. Kuhn called the vote, and all were in favor.

Mr. Kuhn called the vote to accept the monthly reports, and all were in favor.

Hearings

Robal Associates

Mr. Thompson opened the hearing for Robal Associates and the proceedings were taken by Tom Corcoran, court reporter. Testimony was heard by Wayne Grafton, witness for the applicant. The hearing was continued to May 5, 2008, 7:30 P.M. at the Great Valley Middle School, Room 154.

Traditional Neighborhood Development (TND) Ordinance

Mr. Thompson opened the hearing and the proceedings were taken by Tom Corcoran, Court Reporter.

Mr. Thompson entered the following exhibits into the record:

B-1 Copies of letters dated February 1, 2008 to all property owners within the area proposed to be rezoned.
B-2 Certificates of mailing for the letters dated February 1, 2008 to all property owners
B-3 Copy of letter dated February 15, 2008 by Mark Thompson, Esq. to Daily Local News enclosing Public Notice of and the full text of the proposed Ordinance and requesting publication.
B-4 Copy of the letter from Mark Thompson, Esq. to the Chester County Planning Commission, enclosing Act 247 Notice and the proposed ordinance.
B-5 Proof of Publication from the Daily Local News
B-6 Copy of Public Notice
B-7 Copy of letter dated February 15, 2008 by Mark Thompson, Esq. to the Chester County Law Library enclosing copy of proposed ordinance
B-8 Verification of Posting by Mark Cabot dated February 28, 2008.
B-9 Copy of the Proposed Ordinance with Exhibits A, B, C, D, D-1, E and F
B-10 Copy of Proposed Zoning Map
B-11 Copy of review letter dated February 28, 2008 from the Chester County Planning Commission to L. Csete, Secretary.
B-12 Copy of the letter from Mark Thompson, Esq. to the Township Planning Commission enclosing the proposed ordinance.
B-13 Copy of Perry Morgan’s PowerPoint presentation.

A presentation was made by the following individuals on the proposed TND zoning:

The presentation was followed by questions from the audience. The following individuals came forward:

Sarah Peck, Michael Churchill, Andy Motel and Mike Allen, all members of the Planning Commission, also made comments in addition to participating with the Supervisors and planners in responding to residents’ questions.

There being no more questions or comments, the hearing was closed. Mr. Kuhn made a motion to leave the record open for one month to receive written comments, with the expectation that the vote would be taken at the next Supervisors’ meeting on April 7th. Mr. Willig seconded. Mr. Kuhn called for discussion. Mr. Philips said he wanted to vote now rather than wait a month. There being no other discussion, Mr. Kuhn called the vote. Four were in favor; Mr. Philips was opposed.

Old Business

Historical Signage

The Administrator said she needs input from the Board on how to proceed with the historical signage. The Proposal received from Peter Dajevskis, upon recommendation from Dale Frens, was provided to the Township back in November. The total cost is $11,191 and ranges from design work and sign fabrication to the final installation. Rosemary Philips had provided images for the 9 signs to be installed at various historical sites. The last time this was discussed with the Board, there were a few comments, but no clear direction given on how to proceed. She requested some assistance in the form of a subcommittee, possibly with a member of the Board and the HARB to meet with the consultant and herself to work out details. Mr. Philips offered to assist along with HARB co-chairman Rosemary Philips.

New Business

Pulte Homes – request for Temporary Holding Tank Permit for Lot 32

Patti Taylor from Pulte Homes was present to request permission to install a temporary holding tank on Lot 32 of the Deerfield Subdivision. This is needed because County Health Department regulations don’t permit the installation of drip tubing until spring, and the settlement for the home is scheduled at the end of March. Ms. Taylor explained that the County Health Department is willing to issue the permit provided the Township supports the application.

Mr. Thompson said he circulated a draft pump & haul agreement to the supervisors earlier today. Mr. Kuhn asked Ms. Taylor if Pulte will have other homes in the subdivision in this predicament, and Ms. Taylor said they don’t anticipate it. Mr. Kuhn asked about water control problems causing icing on Valley Hill Road, and Ms. Taylor said she wasn’t aware of it. Mr. Kuhn asked if Pulte is required to re-pave Valley Hill Road as part of their approval, and Mr. Alston said they must re-pave between Green Lane Road and Yellow Springs Road on Valley Hill.

Mr. Kuhn moved to authorize Mr. Thompson to negotiate a pump and haul agreement with Pulte Homes to allow a temporary holding tank permit for Lot 32 at Deerfield, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Schedule Hearing for Amendment to Zoning Ordinance – Net Lot Area Definition

Mr. Kuhn said that the Planning Commission recommended an amendment to the zoning ordinance with regard to the definition of “Net Lot Area” at their meeting on February 26th. The amendment would remove conservation easements as areas that are excluded from net lot area calculations.

Mr. Philips moved to direct the solicitor to prepare a draft ordinance amendment to the Net Lot Area definition, and to schedule the hearing for April 7, 2008, 7:30 P.M. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern PA. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Wind Energy

The Administrator referred to her memo to the Board on the Township’s support of clean energy. She drafted a resolution to this effect as well as a newsletter article that could be included in the spring edition. She referenced a spreadsheet she prepared dated 2/5/08 that shows the additional monthly cost to the Township if they obtained varying percentages of their electric from wind power, ranging from an additional $26.80 for 25% wind energy to $133.99 for 100% wind energy. The matter was tabled to April 7th for further discussion.

Open Charlestown Park Mowing RFQ’s

Six were received in response to the Township’s request for proposals for mowing at Charlestown Park for the 2008 season. Results were read aloud and turned over to the Administrator for compilation. The Board requested that she contact the bidders and request that they add a per-mow price not to be exceeded to their bids. The bids will be reviewed at the April 7th meeting.

New Garden Pool Open Space Loan

Mr. Kuhn explained that the variable interest rate for the $2.1M bond issued in 2000 has spiked and the time has come to replace it with a fixed rate loan. The Administrator explained that over the history of the loan, the Township has saved approximately $57,000 since the variable rate averaged 2.87% over this time period. She spoke to Mike Wolf at Boenning and Scattergood, who has been communicating with the Solicitor’s office on this issue. Mr. Wolf recommends applying for a fixed rate loan that has no prepayment penalties and can be obtained at a rate in the 4.6 – 5% range. He can work with the Township on this process, which requires public advertising and the passage of an ordinance to incur new debt. This would save the Township approximately $3,800 per month in interest.

Mr. Philips moved to authorize the Administrator and Solicitor to proceed with the loan application process, including advertising of the ordinance and scheduling a hearing date. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor

Use Agreement for Woolen Mill

Mr. Kuhn said the Board requested a draft use agreement for the Woolen Mill from the Solicitor, in response to a request from a Township resident to rent the Mill building for a wedding reception this summer. Mr. Thompson said he circulated a draft agreement to the Board earlier today. This matter will be discussed further at the April 7th meeting after the Board has had an opportunity to review the draft.

Chester County Association Spring Convention March 13, 2008

The Administrator stated that the County Township Officials Spring convention will be held on March 13, 2008 at the Inn at Chester Springs in Lionville, and asked if any of the Supervisors are planning to attend so she can send in the registration. Mr. Philips and Mr. Rodgers indicated they will attend.

Other Business

Phoenixville Regional Planning Commission Update

Mr. Willig reported that Phoenixville Borough plans to vote on the Implementation Agreement later this month; after which time all PRPC members will be ready to proceed. He also reported that a developer has approached the PRPC with an interest in obtaining transferred development rights to apply to a project for a 14 story building on Bridge Street in the Borough. Development rights could possibly be obtained from the other members of the PRPC.

Mr. Willig said the PA Land Trust organization is hosting a seminar on establishing a successful TDR program on April 4th.

Valley Forge Sewer Authority

Mr. Rodgers reported that the VFSA expansion has been delayed about six months due to DEP issues, and is now expected to start in July of this year.

Adjournment

The meeting was adjourned at 10:57 P.M. The next business meeting is scheduled for April 7, 2008, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Administrator