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A beautiful part of southeastern Pennsylvania Fans of the World Series Champion Philadelphia Phillies July 7, 2008   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING July 7, 2008 A business meeting was held July 7, 2008 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Michael Rodgers, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender Kohli, P.E., Linda Csete, Township Administrator were present along with those on the attached list. Mr. Kuhn called the meeting to order at 7:38 P.M. Announcements Mr. Willig expressed his appreciation for all who came to his family's aid after their recent house fire. He said they were treated with nothing but generosity, warmth and respect by the first responders, Township residents, school community, the community at large, insurance adjusters and neighbors. He thanked everyone on behalf of his family. Citizens' Forum for Non-Agenda Items No matters were brought forward. Approvals Minutes of June 2, 2008 Meeting Mr. Rodgers moved to approve the minutes of the June 2, 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 June 1- 30, 2008 Mr. Rodgers moved to approve the June 2008 Treasurer's Report and Mr. Hogan seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor. Accounts Payable - Operating Fund Mr. Rodgers moved to approve the July 7, 2008 Operating Fund Accounts Payable Report and Mr. Hogan seconded. Mr. Kuhn called for discussion. Mr. Rodgers asked for details on the VISA bills, which were provided by the Treasurer. Mr. Kuhn asked about the Jenkins school tax bills. The Treasurer responded that the bills are for the three parcels comprising the Jenkins property, and that the property can't achieve tax exempt status until it's put into public use. There being no further questions, Mr. Kuhn called the vote. All were in favor. Accounts Payable - Open Space Fund Mr. Willig moved to approve the July 7, 2008 Open Space Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Reports Mr. Rodgers moved to accept the June monthly reports and Mr. Hogan seconded. Mr. Kuhn called for discussion. Phoenixville Regional Planning Commission Mr. Willig indicated that the Regional Commission is waiting for a response from Charlestown on its ranking of a set of recommendations put forward by the planning consultant for implementation of objectives relating to the consistency review. He'll inquire as to what they need from the Township. Open Space Director Mrs. Gerhard announced that the Sicklers have offered to donate an easement on their Mine Road property adjacent to the Fillippos, which is already eased. She asked which conservancy the Supervisors would prefer to use. Mr. Kuhn said he'd prefer the North American Land Trust, but wants to see better price points from them. Mr. Willig said she should speak with both NALT and the French & Pickering Creeks Conservation Trust. Mrs. Gerhard said that NALT is the conservator of the Fillippo property, so it makes sense to use them for the Sicklers' tract. The F & P can be used for the Brightside Farm. Grant funding may be available to cover the costs from the PA Land Trust Alliance. There was some discussion on placing the township-owned Pickering Preserve parcels under easement. Mr. Kuhn suggested keeping costs down by placing them under easement directly through the County without a conservator since there are no tax consequences and no formal monitoring is needed. Mrs. Gerhard said she'll look into it. There being no further discussion on the reports, Mr. Kuhn called the vote. All were in favor. Old Business - None Hearings Ordinance Authorizing the Imposition of an Additional Earned Income Tax Mr. Thompson opened the hearing and the proceedings were taken by Tom Corcoran, Court Reporter. Mr. Thompson entered the following exhibits into the record: T-1 Proof of Publication from the Daily Local News T-2 Copy of Public Notice T-3 Copy of letter dated 6/12/08 by Mark Thompson, Esq. to the Chester County Law Library enclosing copy of proposed ordinance T-4 Copy of the Proposed Ordinance Mr. Kuhn asked if there were any comments from the audience. Sue Staas asked about the cost of tax collection, which Mr. Kuhn indicated is low. The Secretary will email specific cost information to her. There being no further comments, the hearing was closed. Mr. Rogers moved to adopt Ordinance #147-2008 and Mr. Hogan seconded. Mr. Kuhn called the vote. All were in favor. Ordinance Amending Articles 2, 4, 15 and 16 of the Zoning 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: T-1 Copy of letter dated 6/20/08 by Mark Thompson, Esq. to Daily Local News enclosing Public Notice of and the full text of the proposed Ordinance and requesting publication. T-2 Copy of Public Notice T-3 Proof of Publication from the Daily Local News T-4 Copy of letter dated 6/20/08 by Mark Thompson, Esq. to the Chester County Law Library enclosing copy of proposed ordinance T-5 Copy of letter dated 6/6/08 from Mark Thompson, Esq. to the Chester County Planning Commission T-6 Copy of Act 247 County Referral dated 6/6/08 T-7 Copy of review letter dated 7/3/08 from the Chester County Planning Commission T-8 Copy of the Planning Commission minutes dated 3/11/08 recommending adoption T-9 Copy of the Proposed Ordinance Mr. Allen provided an explanation of the proposed definition. Mr. Kuhn asked if there were any comments from the audience and no one came forward. The hearing was closed. The ordinance was not adopted and was sent back to the Planning Commission for further review, including consideration of the following: Clarification of the minimum open space percentage to be set aside with historic resources; Clarification of the minimum open space percentage to be set aside with historic resources; Whether a net out provision is needed for livestock per acre with restrictions from sensitive areas such as streams; Whether a provision on odor is advisable; Whether animal categories should be created; Whether a maximum structure size should be imposed. Ordinance to Adopt Rules for Passive and Active Township Parks and Open Space Mr. Thompson opened the hearing and the proceedings were taken by Tom Corcoran, Court Reporter. Mr. Thompson entered the following exhibits into the record: T-1 Copy of letter dated 6/27/08 from Mark Thompson, Esq. to Daily Local News enclosing Public Notice of and the full text of the proposed Ordinance and requesting publication. T-3 Proof of Publication from the Daily Local News T-2 Copy of Public Notice T-4 Copy of letter dated 6/27/08 by Mark Thompson, Esq. to the Chester County Law Library enclosing copy of proposed ordinance T-5 Copy of the Proposed Ordinance Mr. Kuhn asked if there were any comments from the audience and Mrs. Staas was heard. Mr. Kuhn suggested a provision prior to the listing of rules to indicate "without prior written approval by the Board of Supervisors" for both passive and active recreation. There being no further comments, the hearing was closed. Mr. Rodgers moved to adopt Ordinance #148-2008 with the changes discussed, and Mr. Hogan seconded. There being no other discussion, Mr. Kuhn called the vote. All were in favor. New Business Review of Financial Report January 1 - June 30, 2008 Mr. Kuhn began a review based on the report prepared by the Treasurer comparing budget to actual figures in each budget category for the first half of the year. He noted that the recycling grant award from the DEP was much higher than anticipated and suggested this be mentioned in the next newsletter. Other items discussed included: Improvements to the Woolen Mill - may be reimbursed from the Open Space Fund to the General Fund if needed; Building Permit Inspection Fees - fees have exceeded the budget to date due to the newer UCC requirements. Mr. Kohli will review the Township fee schedule and make recommendations to bring permit fees in line with inspection costs; Planning Consultant - fees through June 2008 are almost as high as the entire 2008 budget. Street Cleaning - costs have exceeded the budget to date. Mr. Alston said several storms this spring are largely to blame. Open Space Grants - no grants have been received to date. Mrs. Gerhard will provide an update to the Board. Charlestown Park Improvements - the budget for the new lacrosse field was exceeded partially due to the failure to carryover the unused budget from 2007. Road Paving - No paving has been done to date. Mr. Alston said he is waiting to see how recent court rulings might affect costs by requiring that the prevailing wage be paid for all road construction work. He said that Yellow Springs Road, part of Rees Road, Pickering Road and the Pickering Spur are on the schedule, in that order of priority. He expects to complete all paving work by the end of August before school starts. Brightside Farm Lease Mr. Kuhn stated that Tony and Marsha Wirtel, current tenants of the Brightside farmhouse, have requested that the existing month-to-month lease be converted into a two-year term in order to provide them with some assurance they may continue to reside in the house for a set period so as to make it worthwhile for them to move forward with some small improvements they've wanted to make, including the installation of a pellet stove. Mr. Kuhn said the Wirtels have been good tenants and the Township has received no complaints about them. Mr. Alston said they've done a lot of work in the house, including painting and renovating a bathroom. After some discussion, the Board directed the Solicitor to prepare a two-year lease beginning August 1, 2008 and ending July 31, 2010 at a rental amount of $1,200 per month with the option to extend the lease at the same rate for a third year, with ninety days notice to be provided from either party in the event the lease is to be terminated. The Board agreed that the tenants could submit invoices for reimbursement for approved projects they undertake provided the work is inspected by the Township. All improvements are to remain property of the Township. Lighting Standards in the TND District Design Review Committee Member Michael Allen presented information on lighting designs and costs after meeting with Spring City Lighting earlier today. The Township will be responsible for the difference in cost between PennDOT's lighting standards and any upgraded design. They discussed traffic light upgrades for PennDOT's route 29 improvement project. Mr. Allen said Perry Morgan suggested cost savings by painting some of the standard traffic poles black in lower priority areas, such as at Morehall Road and Yellow Springs Road. The standards at Morehall Road and Whitehorse Road, as well as at Phoenixville Pike and Route 29, should have the upgraded pole standards. Mr. Allen said the lighting supplier will be providing a cost per intersection for the proposed upgrades. There are 22 light standards, but some are redundant and will be eliminated. Mr. Kuhn asked who will pay for the cost of the upgrades, and Mr. Allen said the developer, but in some cases the poles will be installed before a developer is involved. Mr. Kuhn asked, in those instances, can they be back charged? Rank Recommendations from the Phoenixville Regional Plan - Tabled. Drafting of Ordinance to Amend TND Ordinance: Exhibits C,D,E, & Regulations Summary Chart Mr. Allen described the proposed amendments to the Zoning Ordinance to update the Zoning Map, Exhibits C, D and E of Article XXII, Traditional Neighborhood Development, and to add the Regulations Summary Chart as an Exhibit. The amendments include: Zoning Map Changes: to exclude the Alleva and Smurthwaite parcels previously included in the TND, and to add the smaller parcel of the Tyler Griffin tract; Exhibit C: Development Strategy Plan: change to correlate to the amended zoning map; Exhibit D: Development Strategy Plan Detail: to include a change in the design for the Whitehorse Road boulevard; Exhibit E: Aerial Photograph: to correlate to the amended Exhibit D; Exhibit F: Addition of a Summary sheet of TND District Regulations Mr. Thompson said he met briefly with Tom Comitta to review these changes. Mr. Allen suggested holding off on these amendments for the time being, as more revisions are likely to follow as a result of continued DRC meetings with the Spring Oaks applicants. Update on the Design Review Committee Meetings with Dewey Homes Mr. Allen presented a site plan showing the latest layout for the proposed mixed housing development at Spring Oaks. He said that the applicant plans to re-use the barn and relocate other structures on the farm. The Historical Commission would like to save the house, although they need to make specific recommendations for its re-use. The farm building area would be the recreation area for the development. The existing pool will be removed and a new pool constructed for the community. Mr. Allen showed the layout of single houses, twins and townhouses, and indicated that some of the orientations of houses along Rees Road and toward the southeastern end of the site will most likely be adjusted. Mr. Kuhn asked about mailboxes, and Mr. Allen said there will probably be several areas where mailboxes are grouped. Eric Schrock from Dewey Homes is speaking to the Malvern Postmaster about this. Mr. Kuhn asked if Dewey Homes might be amenable to making their home designs available to Tom Fillippo, who owns the adjacent TND residential tract so that the plans can be consistent with one another in the future. Mr. Allen said they would probably be willing to do so, since it would be to their benefit to coordinate the two neighborhoods. Mr. Allen said the applicant anticipates a 2-3 year build out in two phases. Mr. Kuhn asked if the DRC has been satisfied with the progress on this application so far, and Mr. Allen said yes. Review Proposals for Codification of Ordinances Mr. Kuhn said that Mrs. Csete and Mr. Allen met with representatives of the two firms that provide codification services in Pennsylvania, Keystate Publishers and General Code. Mr. Allen said he had a good first impression from General Code. Mrs. Csete said the two firms were similarly matched in terms of services provided and with regard to recommendations from those firms who have used their services. A proposal has been received from Keystate Publishers but not from General Code to date. Drafting of Ordinance to Require Septic System Pumping - tabled Resolution to Appoint Central Tax Bureau of PA as Collector of the Open Space Tax Imposed on Earned Income Mr. Kuhn moved to approve Resolution #698-2008 appointing the Central Tax Bureau of PA as collector of the Open Space Tax imposed on Earned Income. Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Resolution to Acquire Charlestown Cemetery Property Mr. Thompson asked if the Township wishes to secure title insurance for the property, and whether they want to have a phase I environmental impact assessment report prepared. The Board determined that the EIA report is unnecessary, per the recommendation of the township engineer. They also determined that they were willing to take possession of the property from the church by quit claim deed as the chances of someone claiming ownership are extremely low. Mr. Kuhn moved to approve Resolution #699-2008 to acquire the Charlestown cemetery property from the Presbyterian Congregation Church. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. Desfor Farms Escrow Release #4 Mr. Kuhn asked about outstanding compliance issues. Mr. Kohli said the mulch pile has been moved per the County Conservation District's instructions, and they appear to be keeping the horses away from the creek. There was some discussion on the positioning of the footpath that must be constructed per the conditional use decision, and on a path now being created through the wetlands that is unauthorized. Mr. Kuhn asked the Secretary to research the minutes for information on where the footpath is to be positioned, after which Mr. Thompson will send a letter to the Desfors. Mr. Willig moved to approve escrow release #4 for Desfor Farms for $14,866.60 and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor. Other Business Taggart Mr. Thompson will circulate a draft letter to the Board for approval before sending it to Mr. Taggart regarding his building problems at Charlestown Hunt. Charlestown Meadows - Deck Extensions in the Open Space Mr. Kuhn said the Zoning Hearing Board has asked for input from the Supervisors on the sixty-plus property owners at Charlestown Meadows who wish to build extensions on their decks but need to encroach on the open space to do so. The board discussed whether the final approved plan for Charlestown Meadows could be amended, but determined it could not be amended to accomplish this goal and still maintain the minimum required open space acreage. The Board decided that the individual property owners would have to appeal to the Zoning Hearing Board as the Whiteheads did recently. The Board decided to take a position in opposition of all applications for deck extensions in the open space. Adjournment The meeting was adjourned at 10:45 P.M. The next business meeting is scheduled for August 4, 2008, 7:30 P.M. in Room 154 of the Great Valley Middle School. Respectfully Submitted, Linda Csete Township Secretary     Home      Site Overview      Contact Us Please report any problems with this site by clicking here. Site development, maintenance and funding by Township resident Jacob D. Merriwether. Hosting by PLH Worldgroup Communications, Inc.