Charlestown Township, Chester County, PA

 
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Established June 2, 1997
by citizens for citizens

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March 16, 1998

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November 5, 2007    November 19, 2007
 
CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
REGULAR MEETING
November 5, 2007
The first business meeting for November was held November 5, 2007 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Aliena Gerhard, Linda M. Csete, Township Administrator, and those on the attached list were present.
Mr. Kuhn called the meeting to order at 7:35 P.M.
Announcements
Mr. Kuhn reminded everyone to vote tomorrow on Election Day.
Citizens' Forum for Non-Agenda Items
No matters were brought forward.
Presentation
Barbara DeWilde, John Pittock and Nancy Pittock were present from the Charlestown Historical Society. John Pittock introduced himself as Vice President of the Society, and displayed the Society's 2008 Calendar, which features historic photographs from Charlestown's Past. He credited Mrs. DeWilde and Jacob Merriwether with much of the work on the calendar, and Janet Baldwin for writing the text accompanying the pictures. He said the calendar was a project the Society took on as an enjoyable means of promoting the Society and Charlestown's history.
Mr. Pittock extended the Society's thanks to both present and past supervisors for their help in preserving Charlestown's history. He thanked the Board for their involvement in preserving the Woolen Mill, naming Paul Hogan especially for his involvement, and for the preservation of the Longwood School ruins.
Mr. Pittock invited the public to the next meeting of the Society, which is November 7th, 7:30 P.M. at the Charlestown Elementary School cafeteria. The calendars will be available for sale at the meeting.
Mrs. DeWilde also extended appreciation to the Supervisors, saying they conduct meetings twice a month and give the community a lot of their time in between. She presented each of the Board members and the Secretary with the CHS calendar. She said the Society is considering a new project for the summer of 2008, which would be a picnic combined with an art show featuring Charlestown artists.
Approvals
Minutes of October 15, 2007 Meeting
Mr. Rodgers moved to approve the minutes of the October 15, 2007 meeting, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Three were in favor. Mr. Kuhn abstained because he was not at that meeting.
Minutes of October 29, 2007 Meeting
Mr. Hogan moved to approve the minutes of the October 29, 2007 meeting, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Treasurer's Report October 1 - 31, 2007
Mr. Hogan moved to approve the October Treasurer's Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Accounts Payable Report - Operating Fund Nov. 5, 2007
Mr. Willig moved to approve the Nov. 5, 2007 Operating Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.
Reports
Mr. Rodgers moved to accept the October monthly reports and Mr. Hogan seconded. Mr. Kuhn called for discussion and then the vote. All were in favor.
Old Business - None
New Business
Robert and Mary Ellen Joos Subdivision
Bob and Mary Ellen Joos presented their plans for a 3 lot subdivision of parcel #35-1-5 located along Church Road, along with associated documents and agreements for approval and signature. Mr. Kuhn said Mr. Kohli has yet to review the final plans, and the solicitor must review the accompanying documents, but both agree that the Board might consider granting approval conditioned on their reviews. Mr. Thompson said Mr. Joos has been very cooperative throughout the process and that it's standard procedure for him to review the finalized documents. Mr. Joos said some of the documents lack Mrs. Joos' signature because the forms don't indicate that the owner needs to sign. Mr. Thompson said he'll add the necessary signature lines to the documents so that change can be made.
Mr. Kuhn moved to approve the following, subject to review by the Township Solicitor and Engineer.
  • Subdivision Plans last revised 8/30/07
  • Subdivision and Land Development Agreement
  • Financial Security Agreement
  • Stormwater Management Facilities Maintenance Agreement
Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor. Mr. Kuhn thanked the Jooses for offering a conservation easement on their property to the Township. Mrs. Gerhard added that they donated the full value of the easement on over 70 acres of land, and that the easement holder is the French & Pickering Creeks Land Trust.
Zoning Hearing Board Overview - Howard
Elizabeth R. Howard, Esq. was present to provide an overview for an application to the Zoning Hearing Board requesting a variance to allow a kitchen addition on her and James Mackey's home at 4111 Pickering Dam Road. The addition will encroach on setbacks for this non-conforming lot in the Farm Residential district.
Mr. Kuhn made a motion that the Board of Supervisors take a favorable position toward the application, and Mr. Willig seconded. Mr. Kuhn called for discussion and then the vote. All were in favor.
Purchase Conservation Easement - Bullard
Mrs. Gerhard requested the Board's approval to purchase the 38.8 acre conservation easement on George Bullard's Hollow Road property for $970,000. The easement was appraised at $1.4 million, and Mr. Bullard is donating the remainder of the land's value. The property will contain a trail that links to the Horseshoe Trail, and HARB will have oversight on any additions to the existing house. Woodlands and wetlands on the property will be preserved with the North American Land Trust as easement holder. Mr. Kuhn said this property was also known as the Lindgren estate and Spring Lane Farms. Mrs. Gerhard said prior to Mr. Bullard purchasing the property, it was going to be subdivided and developed.
Mr. Kuhn moved to approve the purchase of a conservation easement on Spring Lane Farms, Hollow Road, owned by George Bullard in the amount of $970,000 to be paid as follows:
  • $368,707.50 to George Bullard, representing a payment of $370,000 less 1/2 of the appraisal fee paid to Luther Rife in the amount of $1,292.50; and
  • $600,000.00 to be wired to Stargazers Village Partnerships LP per wiring instructions from Margaret A. Joy, Esq. and in accordance with instructions in Mr. Bullard's letter dated 11/2/07, with payments to be made following settlement scheduled at the Township office on November 6, 2007 at 10:00 A.M.
Mr. Willig seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.
Resolution to Apply for DCNR Grant for Lacrosse Field Sprinkler System
The Secretary explained that the Township was able to secure a small grant in the amount of $5,000 to cover the cost of installing a sprinkler system for the Lacrosse Field currently under construction at Charlestown Park from the DCNR. It has been confirmed from the Open Space Director that the grant won't interfere with the open grant slots available for the open space acquisition program. To obtain the sprinkler grant, the Board of Supervisors must pass a resolution and sign the DCNR form entering into the grant agreement.
Mr. Kuhn moved to pass Resolution #689-2007 authorizing the execution of the grant agreement with the DCNR for the sprinkler grant, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.
Schedule Advertising and Adoption of 2008 Budget
The Board scheduled the proposed 2008 Budget for adoption at the December 3, 2007 Board of Supervisors meeting, 7:30 P.M. in Room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA and authorized the Secretary to advertise same.
Escrow Release #1 - Desfor Farms
Mr. Kuhn moved to approve escrow release #1 for Desfor Farms, to be released upon the Township's receipt of a check for $7,090.88 to cover outstanding building permit fees and engineering review fees for the project. Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Charlestown Park - Payment #2 for Lacrosse Field - Lechmanik, Inc.
Mr. Rodgers moved to approve Payment Request #2 from Lechmanik Inc. for the construction of the Lacrosse field at Charlestown Park. Mr. Hogan seconded. Mr. Kuhn called for discussion. He asked Mr. Kohli if he was satisfied with the work to date and Mr. Kohli said yes. Mr. Kuhn called the vote. All were in favor.
Accounts Payable Report - Open Space Fund Nov. 5, 2007
Mr. Rodgers moved to approve the Nov. 5, 2007 Open Space Fund Accounts Payable Report, and Mr. Hogan seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Award Road Salt Contract
The road salt bids were opened and read at the October 15, 2007 meeting and turned over to Mr. Kohli for review and recommendation. Mr. Kohli's review found the bids to be in order and recommended the contract be awarded to Oceanport Industries, the low bidder.
Mr. Rodgers moved to award the road salt contract to Oceanport Industries, and Mr. Kuhn seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.
Letter of Engagement - TND Ordinance Review
Andy Motel, Planning Commission Chairman, was present to request authorization from the Board to enter into an agreement with Fronefield Crawford, Esq. to engage his services for a legal review of the proposed Traditional Neighborhood Development ordinance.
Mr. Motel said he circulated the penultimate draft of the ordinance to the Board over the weekend with his remarks shown in red. Since then, Tom Comitta has prepared the final draft copies, which were delivered to the meeting this evening for distribution. He asked that the Supervisors read the final draft carefully before the hearing continues on November 19th.
Mr. Willig said it would be helpful during the hearing if the TND areas are shown more clearly on the large Exhibit C map, and are explained. Mr. Motel said that Area 1 consists of the Spring Oaks property, Area 2 consists of commercial and retail, Area 3 is the existing Neighborhood Commercial district, Area 4 is the Quarry and blacktop plant, and Area 5 is the Tyler Griffin tract.
Mr. Motel said the Township Solicitor recommended that the Township have outside counsel to review the ordinance wording, due to a potential conflict in his office relating to family interests in Devault. Mr. Comitta had then recommended Frone Crawford as alternate counsel. Mr. Crawford may not be able to complete his review in time for the November 19th hearing, but the ordinance can still be discussed at that time. Due to the number of changes in the ordinance since the last draft, the ordinance will need to be re-advertised, posted on the individual properties, and sent back to the County Planning Commission for review. The Secretary indicated that re-advertising will set a new timeline due to various requirements of the MPC.
Mr. Willig asked if the TND ordinance will go back to the Planning Commission, and Mr. Motel said only if there is a major change. Mr. Willig said in any event he'd like the Planning Commission to comment on Mr. Crawford's review.
Mr. Kuhn asked if the ordinance addresses how to raise funds for road improvements in the TND. Mr. Motel said the recreational fee-in-lieu requirements were mentioned, but not the road improvements. Mr. Willig added that moving utilities underground will be another large expense to address, although the requirement that they be underground is included in the ordinance. Mr. Kuhn asked if PennDOT would allow a turn back of part of Whitehorse Road to the Township. Mr. Kohli said no, they would require that the Township take ownership of the entire road up to Ashenfelter Road and would not allow a partial turn back. Mr. Kuhn asked about PennDOT's plans to resurface Whitehorse Road. Mr. Kohli said they plan to do the Route 29 improvements first. Mr. Kuhn asked if the Township could make an agreement with PennDOT that they do certain improvements first, then allow the Township to take over, and Mr. Kohli said it's a possibility. Mr. Motel added that planning commissioner Sarah Peck offered to work on the underground utility issue with PennDOT.
The Board was in consensus that Mr. Motel should proceed and sign the agreement with Mr. Crawford for the TND ordinance review.
Other Business
Brightside Farm - Manure Pit Roof
Mr. Hogan said he'd like the contractor, Michael Comasky, to locate and install a translucent plastic roof so the building can eventually be used as a greenhouse. Mr. Kuhn said he's spoken to Mr. Comasky about it and so far has been unable to locate the proper material. Mr. Kuhn added that work won't start until the Board signs off on the proposal.
Historical Signage
Mr. Hogan said he dislikes the sign example provided by Interpretive Solutions in conjunction with their proposal to design, fabricate and install nine historical markers at various locations in the Township. Mr. Kuhn said there is room for adjustment in the specs.
Adjournment
Mr. Rodgers made a motion to adjourn, and Mr. Willig seconded. The meeting was adjourned at 8:45 P.M. The next meeting is scheduled for November 16, 2007, 7:30 P.M. in Room 154 of the Great Valley Middle School.
Respectfully Submitted,
Linda Csete
Township Administrator
 

 
CHARLESTOWN TOWNSHIP
BOARD OF SUPERVISORS
REGULAR MEETING
November 19, 2007
The second business meeting for November was held November 19, 2007 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, Mark Thompson, Esq., Linda M. Csete, Township Administrator, and those on the attached list were present.
Mr. Kuhn called the meeting to order at 7:30 P.M.
Announcements - None
Citizens' Forum for Non-Agenda Items
Approvals
Minutes of November 5, 2007 Meeting
Mr. Rodgers moved to approve the minutes of the November 5, 2007 meeting, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Accounts Payable Report - Operating Fund
Mr. Philips moved to approve the Accounts Payable Report for the Operating Fund for November 19, 2007, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Old Business - None
New Business
Firefighters' Relief Fund Allocations
Taylor Gatz introduced himself as a representative of Kimberton Firefighter's Relief organization who was present to voice their concern that Charlestown changed its method of allocating the state funds this year resulting in them receiving approximately $8,000 less than last year. Mr. Alston said that the state makes its Act 205 allocation to each municipality based half on total real estate valuation and half on population. He followed this method for 2007 by breaking the real estate valuation down for the Kimberton and East Whiteland Fire Company territories in Charlestown Township. In past years, the allocation was split 50/50 and was not equitably broken out, with East Whiteland's Relief organization receiving less than they should.
Mr. Alston said these funds must be used for specific purposes by the Fire Companies and includes costs such as safety training and safety equipment for the fire fighters. Mr. Willig asked for confirmation that the two fire companies serving Charlestown have defined map boundaries, and Mr. Alston said yes. He said for the future he'd like to clarify the territories by listing each street and address range.
Mr. Kuhn said he understands Kimberton Fire Company's frustration, but asked if they agree with the methodology. Mr. Gatz said yes, their issue is that they didn't receive advance notice for 2007 and didn't anticipate the change for their 2007 budget. Mr. Kuhn apologized for the lack of communication, saying that the Board took Mr. Alston's recommendation, which they agreed made sense. Mr. Gatz asked if anything could be done. After some discussion, Mr. Kuhn said that unless the Township has a surplus at the end of 2007 beyond what was anticipated in their proposed 2008 budget, there would be nothing they could do. He asked what percentage of the total fire relief fund budget was represented by the $8,000 difference, and Mr. Gatz responded, 8%. If an additional payment was made by the Township to the Kimberton Fire Company, Mr. Alston confirmed the Fire Company could transfer that money into their fire fighters' relief fund.
Revolutionary War Cemetery Proposal
The Secretary indicated that Mr. Kohli forwarded a proposal from Chester Valley Engineers as the lower of two bidders to the Board for surveying the Revolutionary War Cemetery property in preparation for acquiring it from the Great Valley Presbyterian Church. Mr. Hogan moved to authorize signing Chester Valley Engineers' proposal for the survey and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Philips asked if there are budget funds available for this project, and the Secretary responded yes, as it would come under open space acquisition costs, for which there are sufficient funds. Mr. Philips also asked that in the future, the chairpersons of the associated board or commission, in this case the HARB, be notified when proposals come in so they have an opportunity to forward a recommendation to the Board. Mr. Kuhn called the vote, and all were in favor.
Local Services Tax Ordinance
Mr. Kuhn referred to Mr. Thompson's earlier communication with respect to updating the Township's ordinance on the Local Services Tax. The Township has had the Occupational Privilege ordinance in place since 1990, but due to numerous changes to the tax law, Mr. Thompson recommends they re-enact the ordinance under the new designation, Local Services Tax.
Mr. Thompson said if the Board decides to increase the tax, a provision must be included in the new ordinance to exempt individuals earning less than $12,000 per year, and the tax must be deducted from employees' paychecks on a pro rata basis instead of in one payment. Mr. Kuhn asked if Centax would handle this change, and Mr. Thompson said yes. The Secretary said tax collection costs would increase due to the extra work in collecting, but it would still be minimal. Mr. Kuhn asked what other municipalities in the County are charging, and Mr. Thompson said of those that do collect the tax, most charge the full $52. Mr. Kuhn asked if the funds must be used for a specific purpose, and Mr. Thompson said yes, they must be used for roads, public safety and emergency services. The Secretary indicated that since the Township budgets far more than the tax would bring in, it would be no problem to apply any increased tax to these uses. After some discussion, Mr. Hogan moved to keep the tax at $10.00 per employee for 2007, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Authorize Advertisement of Intent to Appoint a CPA to Audit the 2007 Accounts
Mr. Rodgers moved to authorize the Secretary to advertise the Board's intention to appoint a certified public accountant to conduct the 2007 audit, and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Philips asked what kind of response the Township receives from the advertisement, and the Secretary said typically there is no response. Mr. Kuhn called the vote, and all were in favor.
Emma Developers Escrow Release #6 - Final
Mr. Philips moved to approve Escrow Release #6, Final, for Emma Developers, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Hearings
Robal Curative Amendment Application
Mr. Thompson opened the hearing for the Robal Curative Amendment application, and the proceedings were recorded by Tom Corcoran, court reporter. Upon request of the applicant, the hearing was continued to December 17, 2007, 7:30 P.M. at the Great Valley Middle School, Room 154.
Traditional Neighborhood Development Ordinance
Mr. Thompson opened the hearing for the TND ordinance and the proceedings were recorded by Tom Corcoran, Court Reporter. There was no testimony this evening. The hearing was continued to December 17, 2007, 7:30 P.M. at the Great Valley Middle School, Room 154.
Adjournment
The meeting was adjourned at 8:00 P.M. The next meeting is scheduled for December 3, 7:30 P.M. in Room 154 of the Great Valley Middle School.
Respectfully Submitted,
Linda Csete
Township Secretary
 
 
 

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