A beautiful part of southeastern Pennsylvania

January 2, 2007(R)    January 2, 2007    January 22, 2007   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REORGANIZATION MEETING January 2, 2007 The Reorganization Meeting was held at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Charlie Philips, Mark Thompson, Esq., Linda M. Csete, Township Administrator, Assistant Secretary Jan Bird and Public Works Superintendent Fred Alston. The meeting was called to order at 7:32 P.M. Citizen's Forum/Non-Agenda Items There were no Citizens' Forum/Non-Agenda items discussed. Nominations Chairman, Board of Supervisors Mr. Thompson opened the floor to nominations. Mr. Rodgers/Mr. Hogan nominated Mr. Kuhn for the position of Chairman of the Board of Supervisors. Mr. Phillips seconded. Mr. Thompson called for discussion, and there being none, called the vote. All were in favor. Mr. Thompson turned the meeting over to the Chairman. Vice Chairman, Board of Supervisors Mr. Kuhn opened the floor to nominations. Mr. Hogan nominated Mr. Willig for Vice Chairman of the Board of Supervisors. There was no second. Mr. Kuhn nominated Mr. Rodgers for Vice Chairman and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Appointments for 2007 Annual Appointments The following appointments/re-appointments were made: Township Administrator - Linda M. Csete Township Secretary/Treasurer - Linda M. Csete Assistant Township Secretary - Jan C. Bird Open Space Director - Aliena J. Gerhard Legal Counsel - Firm - Lamb & McErlane, P.C. Lead Counsel- Jim McErlane, Esq. Special Counsel - Gary Bender, Esq. Township Engineer - Surender S. Kohli of Kohli & Associates Zoning Officer - Surender S. Kohli of Kohli & Associates Building Inspector - Surender S. Kohli of Kohli & Associates Fire Marshal - Fred Alston Public Works Superintendent - Fred Alston Public Works Assistant - Mark Cabot Auditor - Todd & Sons, CPA - Emory Todd Land Planner - Thomas J. Comitta Associates Historical Architectural Consultant - Dale Frens of Frens & Frens LLC Brightside Farm Manager - Alix Coleman Collector of Local Enabling Act Taxes - Central Tax Agency Animal Control Officer - Mark Cabot Mr. Rodgers moved to appoint the above-mentioned parties, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Appointments to Boards, Commissions and Committees Planning Commission Mr. Philips moved to re-appoint Wendy Leland Planning Commission for a four year term to expire 12/31/10, subject to her willingness to serve, and Mr. Rodgers seconded. Mr. Kuhn called for discussion and then the vote. All were in favor. Historical Commission/H.A.R.B. Mr. Rodgers moved to re-appoint Wendy Leland and Surender Kohli, Zoning Officer to the Historical Commission/H.A.R.B. for five year terms to expire 12/31/11, and Mr. Philips seconded. Mr. Kuhn called for discussion and then the vote. All were in favor. Mr. Philips recommended that the Board consider making the Brightside Farm Manager a member of the HARB, due to the historic nature of the farm. Mr. Willig said he felt it might be better to have her attend HARB meetings but it may not be necessary for her to be a HARB member. Mr. Kuhn suggested that the monthly farm reports be copied to the HARB. Parks & Recreation Board Mr. Philips moved to re-appoint Jim Quay to the Parks & Recreation Board for a five-year term ending 12/31/11, and Mr. Hogan seconded. Mr. Kuhn called for discussion and then the vote. All were in favor. Vacancy Board Mr. Rodgers moved to re-appoint Russ Hanscom to the Vacancy Board, term to expire 12/31/07, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Zoning Hearing Board Mr. Rodgers moved to re-appoint John Martin to the Zoning Hearing Board, for a three year term to expire 12/31/09, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Open Space Commission There was some discussion on the membership of the Open Space Commission and what size commission is needed since there is now a Township staff member focusing on open space. Mr. Kuhn suggested that the appointments be tabled to give the Open Space Commission an opportunity to make a recommendation on them and on the number of seats they wish to retain on the Commission. Any change in the number would have to be made by ordinance. Establish Rates of Pay for 2007 Mr. Philips moved to establish the rates of pay for 2007 per the draft schedule, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Establish Mileage Rate for 2007 Mr. Philips moved to establish $0.485 as the mileage rate for 2007 and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Establish Employee/Employer Match for Employee Benefits Mr. Philips moved to approve the 0/100% employee/employer match for the employee pension plan, and 100%/0% for all remaining benefits including health insurance. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Establish Holiday Schedule for 2007 Mr. Kuhn moved to approve the draft 2007 Holiday Schedule, which includes 11 paid holidays, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Annual Resolutions Mr. Rodgers moved to approve Resolution #673-2007 to set depositories for the Township accounts, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Mr. Philips moved to approve Resolution #674-07 specifying that the earned income taxes received during 2007 will be deposited in the Open Space fund to be expended on Open Space acquisitions and improvements only. Mr. Kuhn seconded. Mr. Kuhn called for discussion. He clarified with the Solicitor that by passing this resolution on an annual basis, the earned income tax received for the year and carried over to the next year are locked in for open space purposes. Mr. Thompson confirmed. Mr. Kuhn called the vote, and all were in favor. Mr. Kuhn moved to approve Resolution #675-2007 for the credit card authorizations, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Mr. Philips moved to approve Resolution #676-2007, naming the providers for Fire Protection, Ambulance and Police, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Scheduling Mr. Hogan moved to approve the scheduling of the 2007 Board of Supervisors meetings to take place at 7:30 P.M. on the first and third Monday of the month, in Room 154 of the Great Valley Middle School, with the following exceptions due to holidays: January 22, 2007 instead of January 17, 2007 (Martin Luther King Day) February 26, 2007 instead of February 19, 2007 (President's Day) September 10, 2007 instead of September 3, 2007 (Labor Day) There was no second. Mr. Rodgers moved to approve the scheduling of the 2007 Board of Supervisors meetings to take place at 7:30 P.M. on the first and third Monday of the month, in Room 154 of the Great Valley Middle School, with the following exceptions due to holidays: January 22, 2007 instead of January 15, 2007 (Martin Luther King Day) February 20, 2007 instead of February 19, 2007 (President's Day) September 4, 2007 instead of September 3, 2007 (Labor Day) Mr. Philips seconded the motion. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Adjournment Mr. Philips moved to adjourn the Reorganization Meeting, and Mr. Rodgers seconded. The meeting was adjourned at 8:00 P.M. Respectfully Submitted, Linda Csete Township Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING January 2, 2007 The first business meeting for January was held January 2, 2007 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Charlie Philips, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Linda M. Csete, Township Administrator, Jan Bird, Assistant Secretary and Fred Alston, Public Works Superintendent were present. The meeting was called to order at 8:00 P.M. Announcements Mr. Kuhn announced for Mr. and Mrs. Gerhard that William James Gerhard arrived on December 26, 2006, 6 pounds, 11 ounces. Mr. Kuhn said Mrs. Gerhard will be on maternity leave for three months but will dedicate some time to township business, primarily to work on grants for the township's open space program. Citizen's Forum/Non-Agenda Items No matters were brought forward. Approvals Minutes of December 18, 2006 Mr. Hogan moved to approve the December 18, 2006 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor. Treasurer's Report - December 1 - 31, 2006 Mr. Philips moved to approve the December 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 January 2, 2007 Mr. Hogan moved to approve the January 2, 2007 Operating Fund Accounts Payable report and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor. Accounts Payable Report - Open Space Fund January 2, 2007 Mr. Rodgers moved to approve the January 2, 2007 Open Space Fund Accounts Payable report, and Mr. Philips 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. Kuhn seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor. Old Business Jenkins Subdivision Mr. Philips asked for the status of the Jenkins subdivision. Mr. Kuhn said that Mr. Kohli recently transmitted a review letter on the revised plan, and he expected the lots to be ready to advertise this spring. He asked the Secretary to contact Mr. Diehl to request the draft bid document for review. New Business Delinquent Real Estate Tax Ordinance Mr. Kuhn tabled this hearing until January 22, 2007 to allow sufficient time for drafting of the ordinance and for legal advertising. Transportation Management Association of Chester County - Bus Stop for the "Beeline" at the Decision One Building The Administrator referenced a letter dated 12/15/06 from the Transportation Management Association of Chester County, in which they indicate they are starting a bus route funded by PennDOT to relieve congestion on Route 202. The "Beeline" bus will run from Coatesville to Great Valley, and the Association selected an area outside of the former Decision One location as a bus stop in Charlestown and has requested comments from the Board. She said Mr. Kohli related to her his comments, that since the road is a state road, the TMACC only needs approval from PennDOT, and, that the TMACC should be informed that they must take responsibility for maintenance of any bus stop shelter structure. The Board had no other issues with the bus stop location. Revolutionary War Cemetery Mr. Hogan reported that he has been looking into the ownership of the Revolutionary War Cemetery, which was confirmed to be the Great Valley Presbyterian Church by their Sexton. Mr. Hogan told him how Charlestown Township has been taking care of the property, recently removing a dead tree by crane that was in peril of falling and crushing headstones. Mr. Hogan communicated that the Township may be interested in acquiring the cemetery from the church and they seemed open to that possibility. Board members recalled research done on this question several years ago and Mr. Philips suggested speaking with Mr. McErlane to recall why the Township decided against acquiring this property many years ago. Mr. Philips believed it involved road widening issues; that PennDOT can't widen Charlestown Road if the property is held under private ownership as opposed to being township owned. He said it is believed there are graves under the existing parking area at the cemetery. Mr. Philips recalled that Mr. McErlane recommended it remain under private ownership with the Township assisting with maintenance work and costs. Mr. Thompson referenced the Second Class Township Code, which indicates that the township is authorized to clean up an abandoned or neglected cemetery and the owner can be asked to reimburse costs. Mr. Kuhn asked about capital improvements, or corrections of safety hazards, as a stone wall on the property is in need of repair presently. Mr. Thompson indicated the Code is silent on this, but it is acceptable to work something out on costs as an appropriation to a non-profit organization. He will research the question of whether township ownership affects PennDOT's ability to widen the road. Mr. Hogan asked for authorization to get an estimate on repairing the wall, and the Board members agreed he could move forward. Mr. Kuhn asked the Secretary to check with the township's insurance agent on the question of liability if the township takes ownership of the property. Mr. Philips said Jane Dorchester provided research on the cemetery some years ago, and noted that it is in the Historic District and the HARB should provide recommendations before anything is done. Mr. Kuhn asked the Secretary to request that the HARB do a general investigation of the situation and provide the Board with a recommendation. Mr. Willig said there is some issue with the Playschool across the street, which utilizes the cemetery driveway as a turnaround when picking up/dropping off students. Bell & Clapper Conditional Use Decision Mr. Thompson summarized the draft Decision and Order for the Bell & Clapper conditional use application, and indicated he spoke with Mr. Kohli, who had reviewed it and found it acceptable. Mr. Rodgers moved to approve the Decision and Order, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor. Stonorov Conditional Use Decision Mr. Kuhn tabled this matter to January 22, 2007. S.P.C.A. Contract for 2007 Mr. Philips moved to approve the 2007 S.P.C.A. Animal Control Contract, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Other Business Green Valleys Association Mr. Kuhn referred to a letter dated 12/15/06 from the Green Valleys Association requesting support in the amount of $1,000 for the 2007 "Envirofest" on May 5th. The Township had supported this event last year, which promotes efforts to educate and advocate for a clean and healthy environment. The Secretary indicated the Township's participation can be credited toward their NPDES education and outreach requirements under Act 167. Mr. Philips moved to approve a contribution of $1,000 to Green Valleys Association, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Environmental Advisory Council Mr. Kuhn said that Mrs. Gerhard and Mrs. Staas attended a meeting of local Environmental Advisory Councils (EACs) hosted by Tredyffrin Township late last year, and the question arose as to whether Charlestown wanted to form its own EAC. He obtained a copy of the Schuylkill Township Ordinance forming their EAC, and read aloud portions that outline the functions of the group. After some discussion, the Board determined they cover these functions through the existing township boards, commissions, and consultants, and the general consensus was that an EAC is not needed at this time. Frank Piliero - Easement Mr. Kuhn explained that the Board previously voted to place the Piliero Easement with the French & Pickering Creeks Trust, and to pay them the associated monitoring fee. Last week it was learned that the French & Pickering could no longer meet the December 31, 2006 deadline. The Open Space Director determined that the North American Lands Trust could achieve the same ends within the deadline period, and Mr. Kuhn made arrangements on December 28th to execute the necessary documents with the NALT. A letter will be sent to the French & Pickering Creeks Trust requesting a refund of the processing fees paid to them for preparing this easement. Boy Scouts Projects Mr. Hogan said he was working with scouts on two Eagle projects. One is a smaller bridge for Charlestown Park with an estimated cost of $500 for lumber, and a larger bridge for the Brightside Farm with an estimated cost of $1,000. The bridges will be assembled in Mr. Hogan's barn, with adult supervision when power tools are used. Mr. Kuhn said Mr. Kohli should review the plans and issue a building permit. Mr. Willig said Ms. Coleman would like to be informed of the location for the bridge at Brightside Farm. Mr. Kuhn scheduled a site visit for the Farm for January 6th at 8:00 A.M. Adjournment Mr. Philips moved to adjourn the meeting and Mr. Kuhn seconded. All were in favor. The meeting was adjourned at 8:55 P.M. The next meeting is scheduled for January 22 2007, 7:30 P.M. in Room 154 of the Great Valley Middle School. Respectfully Submitted, Linda Csete Township Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING 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 facade 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. Respectfully Submitted, Linda Csete Township Secretary

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