Charlestown Township, Chester County, PA

 
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April 1, 2002    April 15, 2002    April 22, 2002
 
CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
REGULAR MEETING
April 1, 2002
The first business meeting for April was held April 1, 2002 at the Great Valley Middle School, Room 154. Hugh D. Willig, Chairman, Paul J. Hogan, Vice Chairman, Irene W. Ewald, Kevin R. Kuhn, Michael Rodgers, Thomas F. Oeste, Esq., Linda M. Csete, Township Administrator and those on the attached list were present.
The meeting was called to order at 7:35 P.M.
Announcements
There were no announcements.
Citizens' Forum - Non-Agenda Items
Charlie Philips asked what step to take with a neighbor who is target shooting or possibly shooting at deer on his property next door. Mr. Oeste said there are no township regulations above the state regulations, and that Mr. Philips should contact the State Game Commission or State Police for assistance.
Presentation
Recognition for Harry Nagel
Mr. Willig recognized Harry Nagel, who retired from the Zoning Hearing Board at the end of 2001 after serving for more than twenty years. The Board presented a plaque to Mr. Nagel in appreciation of his stable influence and good decision making through the years on the Township's behalf. Mrs. Ewald also thanked Anneliese Nagel, recognizing the sacrifices made by the spouses and family members of Township volunteers. Mr. Nagel said he tried to do his best for the Township and that it has been a privilege to serve.
Approvals
Minutes of 3/18/02
Mr. Kuhn moved to approve the minutes of 3/18/02 and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.
Treasurer's Report March 1 - 31, 2002
Mrs. Ewald moved to approve the Treasurer's Report for March 1 -31, 2002 and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.
Accounts Payable Report for 4/1/02
Mr. Rodgers moved to approve the Accounts Payable Report for 3/4/02 and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.
Hearing
Spring Oaks Business Park Conditional Use Application
Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was closed and the Board will render a decision within 45 days.
Reports
Zoning Officer
The Zoning Officer stated that the Building Permit report for March is on file. He reported that he and Mr. Rodgers met with the DEP with regard to the sewage disposal maintenance management program the Township must put into place before receiving a letter of approval on its Act 537 Plan. The Program document drafted by Thomas Comitta has been revised in accordance with the issues discussed at the meeting. Mr. Willig asked if the approval would be retroactive, and Mr. Kohli answered yes.
Planning Commission
Charlie Philips reported that the Scipione subdivision application was discussed at the March 26th Planning Commission meeting, and that numerous suggestions were made as a follow up to a recent site visit. The applicant agreed to work with the Dixon applicant to align the roads into the two subdivisions to improve safety. They will also try to move one lot away from the Three Ponds subdivision toward the Dixon tract. Mr. Philips said the next meeting of the Planning Commission is the joint meeting with the Board of Supervisors on April 23rd.
Historical Commission
Mr. Philips reported that the Historical Commission/HARB discussed plans to stabilize the Baughman Mill, and also made a recommendation that the Brightside visioning process have a more structured format than that of the past, with Tom Comitta leading it. Mrs. Ewald said the first meeting scheduled for April 22, 2002 would primarily consist of two guest speakers, one from the County Parks & Rec Department to review any restrictions of the pending acquisition grant, and Tim O'Neil from Lamb, Windle and McErlane's office to review any restrictions imposed by the bond issue used to purchase the property.
Roadmaster
The Roadmaster was not present and there was no report on file. Mr. Hogan noted that PennDOT has been working at the corner of Hollow and Charlestown Road to cut back the bank. Mr. Kuhn said it will be a big improvement.
Fire Marshal/EOC
Mr. Alston read his March report. There were two automatic fire alarms, one odor investigation, three open burnings and four vehicle accidents. He reminded the public that the county remains under a drought emergency and everyone should follow the water conservation measures outlined by the county and state. The burning ban remains in effect.
Mr. Alston said the new Fire & Hazardous Materials Ordinance is being well received in the community and the office is receiving both hazardous materials registration and automatic fire alarm registration forms from residents and businesses.
Mrs. Ewald asked if Mr. Alston has attended any training being sponsored by the Department of Justice on Terrorism. Mr. Alston answered yes, and added that the EOC has tapes for additional training in this area. He also attended training at the Limerick Nuclear Power Plant.
Parks and Recreation Board
Mr. Hogan reported that Mark Connolly is putting together a bid package for the basketball court project and will be here later in the evening to address it. The Parks & Rec Commission would like to alter the plan developed by Thomas Comitta Associates to eliminate the stormwater basin below the basketball court by working out an alternative plan with Mr. Kohli to allow the runoff to flow into the parking lot to the storm drain to be discharged into the stream. They also want to improve on a few basketball court standards, such as cushioning of the steel post.
Mr. Hogan said the Valley Forge Christian College is removing the fencing along Charlestown Road and the Parks & Rec Board has discussed doing the same along Coldstream Road. However, there is less of a buffer along Coldstream and more of a concern that cars will get in. They discussed replacing some of the chain link fencing with post and rail fencing, with other areas to remain open.
Brightside Farm Committee
Mr. Hogan said Mark Cabot has cleaned out about a fourth of the bank barn at the Brightside Farm for a total of approximately 25 hours. They estimate another 75 hours to complete the job, a cost of $1,500.00 to the Township. He added that Mr. Cabot has been using his brother's truck, and suggested the Board compensate him $25.00 per day for it. The Board agreed that Mr. Cabot may bill for the use of the truck and that he should continue with the barn work. Mr. Kuhn said he recalled that Newell Burdick was to trade 80 hours of work for the seed he's put down at the farm and he could be called upon for this work as well. Mr. Hogan noted that the water heater purchased for the farmhouse has yet to be installed.
Valley Forge Sewer Authority
Tom Babacz reported that the January and February minutes of the VFSA were approved at the March meeting, and that the operation is in compliance with all permits at this time. The Board continues to focus on finances and the personnel unionization issue, for which a vote is scheduled on April 27th. A settlement was made with the former accounting firm, and the new firm, Reisel & Co. is auditing the 2001 books at present. He said this firm specializes in working with small authorities. Mr. Kuhn asked for the status of the East Pikeland Township proposed expansion, and Mr. Babacz responded that the VFSA did a study that indicates the expansion is financially feasible. Recovery time would be dependent on the rate of construction, and could be as long as 18 years.
Old Business
Deerfield - Request for Modifications to Settlement Plan Stipulations
Chuck Dobson and Bob Smiley of Genterra Corp. presented requests outlined in Mr. Dobson's letter dated March 7, 2002 to the Township for approval of modifications to the Settlement Plan for Deerfield approved by the Board in December 2001. The Settlement Stipulation was agreed to by both parties but has not yet been signed.
Mr. Dobson displayed a sketch "Plan of Subdivision of Deerfield - Overall Site Plan" dated 3/22/02. Mr. Dobson said the engineering and sewage testing for the project is nearing completion, and one unit has been lost from the agreed upon number of 39 for a total of 38 new dwelling units. To maintain the 38 units, Genterra asks for the following modifications to the Settlement Plan:
  1. Allow a slight encroachment of the Lot 26 dwelling unit and the placement of the primary and backup septic systems in the 275 foot buffer along the Turnpike. Or, as an alternative, reduce the front yard setback in order to move the house up.
  2. Reduce the 50 foot access strip to the Benjamin Thomas parcel to 20 feet, to allow for adjustment of the adjacent lots to reduce the impact on the Turnpike buffer.
  3. Allow the placement of a primary and backup drip irrigation system in the open space along Yellow Spring Road near Lots #12 & 13 for Lot #12.
  4. Allow the placement of a backup drip irrigation system in the open space area behind Lot #37.
Mrs. Ewald asked if the Township has the Chester County Health Department data. Mr. Dobson responded that Genterra is waiting to finalize the Planning Module in order to conform it to the Stipulation. The data will be provided with the Planning Module. Mr. Dobson said the proposed modifications area acceptable to the CCHD. Mrs. Ewald said Mr. Kohli needs time to review the County data and see why they took the position of approving the modifications. Mr. Oeste reminded the applicant that the first priority was to place each primary system on the lot it serves, and failure to do so would result in the loss of the lot. He asked if the cross-easement clause has been utilized, and Mr. Dobson said no.
On Item #1, Mr. Kuhn said he'd prefer to keep the drip irrigation system for Lot 26 on that lot, preferring to relax the front yard setback. Mrs. Ewald asked if the Turnpike would be willing to provide an easement for septic for this lot. Mr. Dobson said no, although it's possible they would swap land. Mrs. Ewald asked if they would sell land, and Mr. Dobson said that in their initial discussions with the Turnpike Commission, the answer was no. Mr. Smiley said that with a land swap, the system would still infringe on the woods.
Mr. Kohli asked if all other systems are in-ground, and Mr. Smiley said either in-ground or drip irrigation. Mr. Rodgers suggested a sand mound system for Lot #26.
On Item #3, Mr. Willig said he needs more information.
Mr. Willig said he wants the original stipulation signed as a baseline agreement, and any agreement on these proposed modifications can be made as an addendum.
Mr. Oeste said Genterra Corp. filed plans last week and he made it clear to the applicant that these are not being accepted as a Final Plan. The Court has never signed the original Order. Mr. Smiley said they won't try to subvert the time clock.
Mr. Dobson said he would like to meet with Mr. Kohli to review the engineering issues of the proposed modifications.
Round 10 Charlestown Park Improvements - Basketball Courts
Mark Connolly, Chairman of the Parks and Recreation Board, reviewed the draft bid package for the construction of two basketball courts at Charlestown Park. He said time is running short due to the grant deadline of June 30, 2002. He'd like to proceed with the construction of the courts and develop the permanent stormwater system and buffering plan between the parking lot and the road at a later time. Mr. Kohli said he received the plan this afternoon from Thomas Comitta Associates, which shows the stormwater management basin adjacent to the courts. He believes this is a poor location. Mr. Kohli said a temporary system could be developed that would detain water to discharge via sheet flow over the parking lot into the existing drainage pipe in order to proceed with the court construction. A permanent alternate to the basin shown on the TCA plan would be developed at a later time. He'll speak with TCA about the temporary stormwater plan discussed this evening, as the plan will need to be revised.
With regard to the buffering, Mr. Hogan proposed a picket fence to be constructed between the parking lot and the road.
The draft bid package will be amended to change the $5 million umbrella insurance requirement to $2 million, which is standard for other Township contracts. The Board agreed, and suggested this cost be listed as a line item in the bid.
Mr. Connolly said the VFCC has offered 13,000 square feet of fill for the project, a value of approximately $2,000. Mr. Kohli questioned the practicality of the offer, but suggested it be included in the bid package indicating that the township has a right to supply the fill as an option.
Mr. Willig asked Mr. Oeste to review the AIA contract that is part of the bid package to ensure it is suitable for this project.
Mr. Connolly will make the necessary changes to the bid document and Thomas Comitta Associates will provide a revised plan indicating the change to the placement of the retention basin.
Stormwater Management for the Valley Forge Christian College and Charlestown Park
In conjunction with the Christian College's land development application currently before the Planning Commission for review of proposed dormitories, Mr. Kohli said the VFCC needs direction from the Supervisors on stormwater management. The VFCC would like to work out a joint stormwater management plan where runoff from the Park and the new college facilities would be constructed as one facility in the Township's open space at the Park. They propose to restore the two ponds on the Township Park property, with the upper pond developed as a wetland that would drain into the lower pond. The alternative would be for each entity to construct its own detention basin facilities.
Mr. Willig moved that the Board of Supervisors will work cooperatively on a joint stormwater management effort with the Valley Forge Christian College, and will request that the VFCC provide both a wet pond and dry detention alternative. Mr. Rodgers seconded and all were in favor.
New Business
Keystone Grant Application - Baughman Mill
Mr. Kuhn reported that a Keystone Grant may be available for stabilization of the Baughman Mill. The application deadline is May 1st. As much as $100,000 is available as a 50% match. Dale Frens said the project would require employment of the prevailing wage rate, which will add to the cost. Mr. Frens estimates a cost of $1,000 for him to prepare the application. Mr. Willig said the scope of work should be revisited before costing out the grant. Mrs. Ewald asked who will be directing Mr. Frens, and Mr. Kohli suggested that the HARB do so. The Board agreed that the HARB should take the lead, particularly since Mr. Kohli and Mr. Frens are part of the group and this body is best suited to providing recommendations to the Supervisors. Mrs. Ewald suggested that costs be broken out for the three sections of the mill.
Prior to any work on the mill, the Board must proceed with the subdivision of a one acre parcel surrounding it. The plan must be submitted to the French & Pickering Creeks Trust and to the County Planning Commission. Mr. Kohli will prepare the subdivision plan.
Mr. Kuhn moved to direct Gary Bender, Esq. to engage a surveyor to prepare the delineation of the subdivision, with potential surveyors to be recommended by Mr. Kohli. Further, the survey and subdivision are to be completed in sufficient time to allow for a target date of May 15th for settlement on the property with the Bartschi Foundation. Mrs. Ewald seconded and all were in favor.
Adjournment
The Board adjourned into executive session to discuss legal matters at 9:25 P.M. The next meeting will be held on April 15, 2002, 7:30 P.M. at the Great Valley Middle School, Room 154.
Respectfully Submitted,
Linda M. Csete, Township Secretary
 

 
CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
REGULAR MEETING
April 15, 2002
The second business meeting for April was held April 15, 2002 at the Great Valley Middle School, Room 154. Hugh D. Willig, Chairman, Paul J. Hogan, Vice Chairman, Irene W. Ewald, Kevin R. Kuhn, Thomas F. Oeste, Esq., Linda M. Csete, Township Administrator and those on the attached list were present.
The meeting was called to order at 7:35 P.M.
Announcements
Mr. Hogan distributed pictures of the Pickering Trail, which he said needs to be made more accessible. He reported that Mark Cabot is one third of the way through the clean up of the barn at Pyle Farm, a painstaking process.
Mrs. Ewald wished to remember local photographer Eugene Baldwin, husband of Historical Commission member Janet Baldwin, who passed away last week. He was well known for his photographs of the Pickering Hunt Club activities.
Mrs. Ewald asked Mr. Philips if the primary election date had been rescheduled yet, and he responded that he has no update. Citizens' Forum - Non-Agenda Items
Bob Harbison asked the Board to consider a "right hand road has right of way" type of sign to post on Charlestown Road heading south toward the intersection with Pikeland Road. Pikeland Road's stop sign includes a "right turn keep moving" sign that causes confusion at that intersection and may one day cause an accident. Mr. Kuhn suggested that the Township request a survey from PennDOT for a 3-way stop at this intersection, since both roads are state roads.
Approval
Minutes of 4/1/02
Mr. Kuhn moved to approve the minutes of 4/1/02 and Mr. Hogan seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.
Hearings
Altemose Conditional Use Application
Jane Opie, Court Reporter, took the proceeds. The hearing was opened and continued to May 6, 2002 at the request of Mr. Bender, who was unable to attend this evening.
Pomanti Conditional Use Application
Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was continued to May 6, 2002 to allow time for the submission of an abbreviated EIA statement and for proper notification of neighboring property owners. S.G. Souder Conditional Use Application
Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was continued to May 20, 2002 to allow time for the submission of a revision to the plan and an abbreviated EIA statement.
Aliano Conditional Use Application
Jane Opie, Court Reporter, took the proceeds. The hearing was opened and testimony given. The hearing was continued to May 20, 2002 to allow Mr. Kohli time to review the documents submitted and issue a review letter.
Old Business
Baughman Mill - Revised Scope of Work
Mr. Kuhn provided an overview of the revised scope of work being completed by Dale Frens, which will now include some of the Phase 3 portion of the Mill and amounts to approximately $217,000.
There was some discussion on stabilizing the mill as necessary prior to receiving any grant funds, which would not take place until the fall. Mr. Hogan suggested asking builders to provide timber from any oak trees they take down that could be used for beams. This would be done on a voluntary basis.
With regard to the subdivision needed for the Township to receive the transfer of property surrounding the mill from Swiss Pines, Mr. Kohli said the survey work is in process and that he is waiting for information on the road right of way from PennDOT. Instead of a full property survey, he'll be able to work from two corners of the property to delineate what is required. The Planning Commission and County Planning Commission will review the plan when it becomes available.
Tree Removal at the Ice Dam Bridge - Route 29
Mr. Hogan said he and Mr. Kohli met with the Engineer on PennDOT's Ice Dam Bridge project to discuss the possibility of PennDOT handling the tree removal needed from the Dam. Mr. Hogan felt optimistic that something can be worked out while PennDOT has their heavy equipment close by for the bridge reconstruction work. He will pursue this further.
Great Valley School District - Request for Approval to Re-Size Water Pipes from 8 to 12 inches
Mr. Kohli reported that PSW Co. has turned down his request for data to back up the need for an increased size for the water pipe that will service the Charlestown Elementary School. They said their policy is to install 12" pipe on new projects. They offered to provide the Township with a letter assuring that they will use this new pipe only to service the school property. Mr. Oeste said this would be acceptable. Mr. Willig said he still wants to see the pipe size justified by engineering calculation. Mrs. Ewald suggested she be afforded time to contact a local representative from PSW on this issue, and the Board agreed.
Great Valley School District Public Improvement Construction Agreement - Charlestown Elementary School Addition & Renovations
Mr. Oeste provided a Public Improvement Construction Agreement for the Board's consideration for the construction of an addition and renovations to the Charlestown Elementary School. In lieu of the standard Escrow Agreement, this agreement would accept a pledge of taxing powers from the School District as security for the improvements being constructed. Mrs. Ewald said she would like some assurance that the School District would reimburse the Township in a reasonable time period for the cost of inspections during the construction process. After some discussion, it was determined that Net 30 days would be acceptable. Mr. Kuhn moved to approve the Public Improvement Construction Agreement with a revision to include a statement that all invoices for the cost of inspection submitted to the School District by the Township would be paid within 30 days of receipt. Mr. Hogan seconded. Mr. Willig called for further discussion, and there being none, called the vote. All were in favor.
Memorandum of Agreement for off-site Spring Oaks Improvements
Mr. Oeste gave a summary of the Memorandum Agreement, which would allow for the completion of a series of road improvements referred to as "Charlestown Highway Improvements" to be undertaken by Trammell Crow in place of J. Loew Associates. This includes widening and signalization improvement at the intersections of Charlestown Road, Phoenixville Pike and Route 29, Whitehorse Road and Route 29, Yellow Springs Road and Route 29, and signalization and reopening of Warner Lane between Route 29 and Phoenixville Pike. The escrow fund for these improvements would be held by East Whiteland Township as part of the financial security agreement between Trammell Crow and East Whiteland Township. He said that in effect, J. Loew Associates proposes to hire Trammell-Crow as its subcontractor to complete the improvements required of J. Loew for final plan approval of Spring Oaks. The Trammell-Crow project, Atwater, is underway and cannot obtain any U & O approvals until the improvements are made, hence their interest in accelerating this project.
Mr. Kohli said the traffic improvement plans have been approved by PennDOT, and were upgraded to take the Atwater development into account. This was shown in yellow on the traffic improvement plan Mr. Kohli displayed for the Board. PennDOT has issued the permits for these improvements. Mr. Kohli noted that state road improvements do not require the posting of escrow.
Mrs. Ewald said Tredyffrin Township met with PennDOT and obtained approval for a "no right turn" sign coming out of Atwater onto Yellow Springs Road, in order to keep traffic out of Tredyffrin and divert it towards Route 29. She said Charlestown should arrange for its own traffic study to determine the impacts on the Township.
Mr. Kuhn asked if Trammell-Crow must obtain any approval from Charlestown before proceeding with the improvements. Mr. Oeste, responded no, with the possible exception of Warner Lane, which is a Township Road. It is in question, however, since these improvements were approved at the time of preliminary plan approval for Spring Oaks. Mr. Kohli said he stopped tree clearing work last week on Warner Lane until this matter is clarified.
Mrs. Ewald said she wants Trammel-Crow to come to the Charlestown Township Board of Supervisors and make a presentation of the traffic improvements. Mr. Willig agreed, and requested that Mr. Kohli make this request of Trammel-Crow, suggesting that their traffic design people and decision makers be present.
New Business
Open Bids for Round 10 Charlestown Park Improvements - Basketball Courts
The Board members opened four bids for the Basketball Courts to be constructed at Charlestown Park and read the following results:
The table of bids is available as a small Acrobat PDF file.
Click here to download the file.
Mr. Connolly will review the bids and make a recommendation to the Board as to the lowest responsible bidder.
Camp Cadet
Mr. Kuhn moved to donate $500.00 to the State Police Camp Cadet program. If records indicate this amount was $600.00 in past years, the Treasurer will increase this amount to $600.00. Mrs. Ewald/Mr. Hogan seconded. Mr. Willig called for further discussion, and there being none, called the vote. All were in favor.
Charlestown Oaks Phase II Escrow Release #1
Mrs. Ewald moved to approve Charlestown Oaks Phase II Escrow Release #1 in the amount of $448,020.00, and Mr. Willig seconded. All were in favor.
Adjournment
Mr. Willig adjourned the meeting at 12:20 A.M. The next meeting will be held on April 22, 2002, 7:30 P.M. at the Great Valley Middle School, Room 154.
Respectfully Submitted,
Linda M. Csete, Township Secretary
 
 
CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
VISIONING MEETING
April 22, 2002
The Board of Supervisors held a special meeting to discuss future plans for the Brightside Farm. The meeting was held at the Great Valley Middle School, Room 154. Hugh D. Willig, Chairman, Paul J. Hogan, Vice Chairman, Irene W. Ewald, Kevin R. Kuhn, Michael J. Rodgers, James E. McErlane, Esq., Ed Theurkauf, Linda M. Csete, Township Administrator and those on the attached list were present.
The meeting was called to order at 7:36 P.M.
Introduction
Mr. Willig explained that the purpose of tonight's meeting is to become more focused in the visioning process for the Brightside Farm. He provided background on the two adjacent parcels on Yellow Springs Road, the first a 20.6 acre parcel purchased in 1996 and the second a 55 acre parcel purchased in 2000. The structures are all located on the 55 acre parcel known as the Brightside Farm, where members of the Pyle family continued to live until mid-2001.
Mr. Willig explained that Thomas Comitta Associates has been engaged to act as facilitator during the visioning process. He then turned the meeting over to Mr. Theurkauf, who introduced Dale Frens as the first speaker.
Structures Inventory
The Township's Historical Architectural Consultant, Dale Frens, distributed a report entitled Highlights of the Conditions Assessment for Brightside Farm, which will be incorporated as part of the minutes in its entirety. He presented data from this report including architectural highlights of the farm, general periods of development of the buildings, general building conservation issues and potential adaptive re-uses of the structures. Mr. Frens encouraged the development of oral histories of the farm through interviews of family and neighbors. He noted that as the farm modernized, it expanded yet didn't demolish the historic core, which remains intact. Preservation of the minor outbuildings is important in the understanding of how the farm functioned economically. Rehabilitation of the structures should observe the Secretary of the Interior's Standards for Rehabilitation in order to keep the farm eligible for the National Register. Very little emergency repair is needed at this time except for some tree removal and the installation of triple track storm windows on the farmhouse before summer. Mr. Frens has also detailed short term and long term repairs needed on the structures.
County Parkland and Open Space Acquisition Grant
Bill Gladden, Open Space Coordinator for the Chester County Parks & Recreation department (CCPC), provided a brief overview of the CCPC grant program which began in 1989 and has provided funding for parks, open space, agricultural preservation, northern tier agricultural preservation, planning and acquisition throughout Chester County. To date, the County has been able to fund all projects with merit.
Charlestown Township applied for an acquisition grant under Round 13 for the 55 acre Brightside Farm. Mr. Gladden said Round 13 was the most heavily subscribed grant round, with over $10 million requested. The County granted Charlestown Township $450,000 toward the acquisition of the Brightside Farm. This was the entire amount requested, and was awarded based on a scoring system that the Farm scored highly on, primarily due to the adjacency of the 20.6 open space parcel, since linkages of open space are a top priority. However, at present the 20.6 acre parcel is not permanently protected. This will be required in order to obtain the Round 13 grant on the adjacent 55 acres. Mr. Gladden referenced the Declaration of Covenants, Conditions, and Restrictions document that must be executed and recorded at the Recorder of Deeds office prior to the Township receiving the grant funding. A copy of this document will be incorporated into the minutes in its entirety. The text will also be posted on the Citizens' website shortly. The maximum valuation for grant determination purposes is $31,000/acre, which includes a 50% match from the Township and totals $900,000. Since structures are not eligible for grant funding, and since the Township paid in excess of $900,000 for the Brightside Farm, the property must be delineated into two parcels, with one 29 acre tract (29 acres x $31,000 = $900,000) to be placed under the Declaration of Covenants. The remaining 26 acres will contain the structures and will have no county restrictions imposed on them, although a conservation easement is recommended. An easement of this nature would be more flexible in allowing a variety of future uses.
Mr. Gladden referenced the Declaration of Covenants Article III on restrictions, noting that the land must be available to all county residents and have the potential for broad public use. Restrictions include:
  1. That the property must be used for public park, recreational and natural resources conservation only;
  2. If #1 is deemed inappropriate, it must then be used for passive recreation or open space;
  3. The terms are perpetual, and no additional restrictions may be imposed without the County's consent;
  4. The municipality shall manage and develop the property in a manner that preserves the integrity of natural resources.
Mr. Gladden opened the floor to questions.
  1. Bob Jones asked if the 29 acres to be under covenant can be transferred to another parcel. Mr. Gladden said yes, if the parcel is adjacent and allows for a similar or greater potential use.
  2. Bob Elmer asked if the 29 acres must be contiguous with the 20.6 acre parcel, and Mr. Gladded said ideally, yes. Mr. Elmer asked if fees can be charged for programs, and Mr. Gladden said in most cases, yes, giving examples of a fundraiser for the park or a community day picnic. Mr. Elmer asked about a partnership with the Great Valley Nature Center and whether they could use the land in exchange for the charging of fees for their expertise and educators. Mr. Gladden said this would probably be acceptable. He explained that there are many gray areas that would have to be evaluated on a case by case basis.
  3. Phil Staas asked if the 29 acres must be improved beyond passive farm fields, and Mr. Gladden said there can be as little as a walking trail, but he stressed that the County expects some public use of the space. Mr. Staas stated his concern over more expensive public improvements such as a playground, and Mr. Gladden said this is not required.
  4. A man who did not identify himself asked if provisions for parking are required, and Mr. Gladden said no, although it is permitted, along with uses such as ball fields, trails, or a tot lot.
  5. Louse Cantrell-Kehoe expressed an interest in developing a horse ring for the Pickering Pony Club, which requires membership to join. The club is open to all individuals ages 6-21. Mr. Gladden said he would have to look into whether this use would be permitted.
  6. Vincent Kling asked if the property could be maintained as farmland, perhaps 50-60% of it, and Mr. Gladden said it isn't the intention of the CCPC for grant-acquired land to be used for this purpose. Mr. Kling stated his concern that users of the park would have to drive there, that there is no good walk-in residential area close by with the exception of the proposed Deerfield subdivision across the street. Mr. Gladden agreed that the Visioning committee should take this into account.
  7. A woman who did not identify herself asked if it is an underlying principle of the grant program that the public is able to use the land with no fees required. Mr. Gladden said somewhat; there can be no exclusive use claimed by an organization or league. A fee tied to an activity to cover costs is acceptable. He said many Townships audit the books of these groups to determine that they are operating on a non-profit basis.
  8. Ben Bingham asked if the Township is considering use of part of the property as a self-sustaining farm, how a walkway could be installed without disruption to crops and animals. Mr. Gladden said this could be explored, but suggested that any commercial hub must remain outside county restricted land.
  9. Mr. Jones asked if the restrictions could be withdrawn in the future if the money was repaid, and Mr. Gladden said no, it is a permanent covenant on the land.
  10. Mrs. Staas asked about maintenance issues, and whether the Pony Club could be charged rent for their use of the property. Mr. Gladden said probably, yes, or an exchange of maintenance for some scheduled exclusive use could be worked out.
  11. Debbie Kuhn asked if a community garden arrangement, where people could till 20x20 foot tracts for personal gardening, could be done. Mr. Gladden responded no.
  12. Alix Coleman asked who makes the decision on what can and cannot be done on the restricted portion of the property, and Mr. Gladden said the County makes the determination upon advice from their Solicitor.
  13. A woman who did not identify herself asked, isn't parking required? Mr. Gladden answered no.
  14. Rick Reis asked if there are guidelines on what percentage of exclusive use is permitted, and Mr. Gladden said the schedule for activities is managed at the municipal level, but the County will monitor the concessionaire agreements.
Bond Issue - Restrictions
Mr. Theurkauf introduced Jim McErlane, Esq., Township Solicitor, who provided an outline of the restrictions placed on the 55 acre Brightside Farm parcel due to the use of federal bond funding to make the original purchase. For example, the farm cannot be leased for profit. However, a farm manager could be engaged on a short-term (I year) contract basis to manage the farm and access to this area could be limited. Any improvements would be made by the Township, and not the farmer. The existing agriculturally used areas and buildings are not required to have public access.
The floor was opened to questions:
  1. Mark Connolly asked if concessionaire agreements, such as the two in place at Charlestown Park for the Phoenixville Area Soccer Club (PASC) and Phoenixville Marion Youth Club (PMYC), which automatically renew for a 7-year period, could be utilized. These two organizations provide the programming for sports events and league play and maintain the facilities. They have exclusive use of certain storage facilities and a snack bar. Mr. McErlane said this can be done as long as the groups are non-profit.
  2. Ben Bingham asked if a cooperative Community Supported Agriculture program (CSA) would be acceptable if run by the Township with an annually contracted hired manager, and Mr. McErlane answered yes.
  3. Bob Jones asked if the restrictions apply to the land after the bond issue is paid off, and Mr. McErlane said no. The Treasurer noted that the bond issue will be paid off in 2029.
  4. Mr. Connolly asked, if a non-profit organization was chartered and transacted the management of the entire farm, providing public programs, would that be acceptable. Mr. McErlane said yes, assuming the use was reasonable.
  5. Mrs. Staas asked if the CSA made a profit but put it back into improvements to the farm, would that be acceptable, and Mr. McErlane said yes.
  6. Paul Hogan, Supervisor, asked about a military vehicle organization using one of the structures to provide an educational and historical function. Mr. McErlane said if non-profit, this would be acceptable.
  7. Phil Staas asked if the County grant funding of $450,000 could be used to pay down the bond issue so the bond funds could be used elsewhere. Mr. McErlane said that this could be done in the short term only, otherwise arbitrage comes into play, meaning that it's not legal to take the federal funding and hold it indefinitely in order to earn interest on it. The funds would have to be used to acquire additional open space within a short period of time.
Potential Program Elements
Mr. Theurkauf said information presented tonight on both county and federal restrictions provided a useful overview that will enable the Township to revisit potential programs and establish priorities. Discussion followed.
  1. A woman who did not identify herself asked if the Township plans to send out a survey to Township residents asking what uses they'd like to see at the park. Mr. Theurkauf said that the intention was to conduct a public visioning process of perhaps four additional sessions in order to achieve the broadest reception. The next step would be to develop a land use plan.
  2. Bob Jones asked if the land use plan is part of the present proposal with Thomas Comitta Associates, and Mr. Theurkauf answered no.
  3. Jacob Merriwether asked how the 29 acres of the 55 acre Brightside Farm would be delineated for restriction under the county regulations. Mr. Theurkauf said he'll provide recommendations to be reviewed and discussed.
  4. Mrs. Staas asked if the 29 restricted acres must be all together or can be a combination of separate pieces, and Mr. Gladden said they can be delineated in any way.
  5. Jim Scharnberg suggested that the delineation be made dependent on the natural footprint of the property. Mr. Theurkauf agreed that the physical and visual attributes of the property would be taken into consideration.
  6. Joanna Reed asked how the farm would be maintained while this visioning process is underway, stating her concern that farmland deteriorates rapidly without maintenance. Mr. Theurkauf explained that the Township has an area farmer managing the fields and that they have not been left fallow. Mr. Elmer added that the Brightside Farm Committee looked at each field, its past history, and made determinations on how to best maintain and preserve them. The Chester County Soil Conservation group came in and gave advice also. Winter rye was planted last fall, and spring oats have now been planted this year.
  7. Mike Rodgers, Supervisor asked for clarification that the same County restrictions must be imposed on the 20.6 acre adjacent parcel in order to be eligible for the Round 10 grant, and Mr. Gladden said yes, they must be restricted. Mr. Theurkauf said this means 49 acres out of the total 75 will be under County restrictions. Mr. Elmer asked if all 49 acres can be incorporated on the Brightside Farm parcel, and Mr. Gladden said the County would consider such a delineation and make recommendations.
  8. Dale Frens suggested that prolonging the Visioning process will not be constructive, as people will lose continuity.
  9. A man who did not identify himself said a framework and timeline should be established and published for the general public, and Mr. Theurkauf agreed. The man asked who would take charge of the process, and Mr. Theurkauf responded, the Supervisors. A person with a specific proposed use for one of the structures would go to Dale Frens to determine which building might be suitable.
  10. A woman who did not identify herself suggested that residents bring ideas to the next meetings, and indicated her interest in historical, cultural, art and science uses. Mr. Theurkauf said it would be advisable to think of the uses as they interrelate to one another.
  11. Kevin Kuhn, Supervisor, said a mechanism for reviewing proposals against the 2 stringent levels of restrictions is needed, so time is not wasted on ideas that cannot be utilized. Mr. McErlane suggested that he and Mr. Gladden can review outlines of concepts.
  12. A woman who did not identify herself recommended that people come out and walk the mowed trail to look over the property. Mr. Elmer invited the public to come on Sunday, April 28th to help clean up the area in celebration of Earth Week, and take time to walk the trails at this time. Mr. Hogan added that anyone with a pick up truck would be especially welcome.
  13. Mrs. Kuhn asked for the location of the trail and parking area. Mr. Hogan showed it on the site plan. Alix Coleman asked how wide the trail is, and Mr. Hogan responded 6 feet.
  14. Mrs. Kuhn stated her concern for the costs associated with various uses, and Mr. Theurkauf said fiscal needs will be outlined and included as part of each proposal in order to determine which programs are conceptually viable.
Mr. Willig said the Board will schedule the next meeting near the same time in May, and then additional meetings will follow every 4-6 weeks.
Adjournment
Mrs. Ewald moved to adjourn the meeting at 9:48 P.M. The next business meeting will be held on May 6, 2002, 7:30 P.M. at the Great Valley Middle School, Room 154. Future Brightside Farm meetings will be scheduled over the next few months.
Respectfully Submitted,
Linda M. Csete, Township Secretary
 

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