A beautiful part of southeastern Pennsylvania

December 1, 2003    December 15, 2003   CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING December 1, 2003 The first business meeting for December was held December 1, 2003, at the Great Valley Middle School, Room 154. Paul Hogan, Chairman, Hugh Willig, Vice Chairman, Irene W. Ewald, Mike Rodgers, Kevin R. Kuhn, Thomas Oeste, Esq., Gary Bender, Esq., Surender Kohli, P.E., Tom Comitta, Ed Theurkauf, Tom Corcoran, Court Reporter, Linda M. Csete, Township Administrator, Melanie M. Lammers, Recording Secretary, and those on the attached list were present. The meeting was called to order at 7:32 P.M. Announcements There were no announcements. Citizen's Forum - Non-Agenda Items Ms. Sue Staas spoke with regards to the Horse Shoe Trail. She requested that the Board of Supervisors sign and send a letter she wrote on their behalf to the Pennsylvania Turnpike Commission requesting that the Horse Shoe Trail be allowed in the Turnpike right of way along Pikeland Road in order to get the trail off of the road. The Board agreed to sign and send the letter. Ms. Barbara DeWilde of Valley Hill Road acknowledged that some Board members may change in the coming year and publicly thanked the Supervisors for their past service. Ms. DeWilde recognized that part of Valley Hill Road has yellow lines on it and asked what she can do to initiate having lines added to the other main Township roads. Mrs. Ewald referred her to Mr. Fred Alston, Roadmaster, so he could explain the PennDOT requirements for striping roads. Mr. Alston said there are two criteria that need to be met in order for PennDOT to stripe a road. First, the road must be a minimum width of 20 feet. Secondly, the minimum Average Daily Traffic (ADT) must be met. Mr. Alston said he is requesting an ADT study be done on various well-traveled Township roads, such as Yellow Springs and Hollow Roads. He said Charlestown Road is already slated to be striped, however, it is too late in the season to actually stripe any roads at this time. Striping will begin in the Spring. Ms. DeWilde asked what she can do to help push this effort along, and she was told it is never a bad idea to write a letter to PennDOT, with a copy going to the Township. Ms. DeWilde's last item was with regards to Township road maintenance. She indicated she was part of a 13-car accident that occurred on Yellow Springs Road last winter. She asked what the Township is doing, and what she can do to ensure the principal roads are well maintained during bad weather in such a way that this does not happen again. Mr. Kuhn noted that there will never be a guarantee a poor road condition will not recur. Mr. Willig asked Mr. Alston to review the priority of roads with regards to winter weather. Mr. Alston answered that in the past there three trucks are dispatched to the steeper roads first, namely, Union Hill Road, Yellow Springs Road, Buckwalter Road, Mary Hill Road, etc. He said this year an additional, fourth truck will be added to cover the Charlestown Hunt. He said they make their best efforts to get crews in place before things get bad, but that sometimes the lack of clearing of PennDOT-maintained roads prevents them from getting to the Township roads. Ms. DeWilde thanked Mr. Alston for his explanation and service. Approvals Minutes of November 17, 2003 Mr. Kuhn moved to approve the November 17, 2003, minutes as written, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Treasurer's Report - November 1-30, 2003 Mrs. Ewald moved to approve the November 1-30, 2003, Treasurer's report as presented, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Report - General Fund - December 1, 2003 Mrs. Ewald moved to approve the December 1, 2003, General Fund Accounts Payable report as presented, and Mr. Rodgers seconded. Mr. Hogan called for discussion. Mr. Kuhn suggested the Township be reimbursed by the Historical Society for 2 hours of legal services performed by Windle & McErlane on their behalf that was billed to the Township. Additionally, Mr. Kuhn questioned the cost of $7,800 for the removal of five trees on Sycamore Lane. Mr. Alston explained the trees were dead and posed a hazard. Mrs. Ewald said the Homeowners Association should have taken care of it. Mr. Kuhn asked Mr. Oeste if the Township is 100% responsible for the removal of dead trees. Mr. Oeste replied that the Township has the option to take down the trees if they feel there is a danger to public safety, but that they are not required to do so. Mr. Hogan said the trees were removed from the Korean Church property after the owner had been notified on numerous occasions in the past with no action taken by them. However, the Korean Church representative indicated he was willing to share in the cost of removal. Mr. Kuhn, therefore, suggested the Township send the Korean Church an invoice for the work. Mrs. Ewald suggested holding check #2245, and Mr. Kuhn said he felt this was unfair to the contractor since he was doing what he was told at the direction of the Township. Mrs. Ewald questioned why not all of the Board members were informed of the intent to remove the trees, and Mr. Rodgers agreed it should have been brought to the attention of the Board so they could have approved or disapproved it. He added that in the contract with C.M. Jones, there is a clause that allows the Township to remove a specific service and have it bid upon by others. He suggested taking advantage of that clause in the future. Mrs. Ewald moved to approve the General Fund Accounts Payable report subject to holding check #2245. Mr. Kuhn did not agree since the contractor acted at the direction of the Township. Mrs. Ewald yielded to his suggestion, and Mr. Rodgers seconded. Mr. Willig said it is necessary that the Board discuss how they want to approach tree work in the future. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Report - State Fund - December 1, 2003 Mr. Kuhn moved to approve the December 1, 2003 State Fund Accounts Payable report, and Mrs. Ewald seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Monthly Reports Zoning Commission Mr. Kohli said his report is on file. Mrs. Ewald said there is still an issue of spotlights glaring at Charlestown Oaks. Mr. Kohli said he did verify that shielding was added to the lights, and Mrs. Ewald asked if he could take another look at them. He agreed. Planning Commission The Planning Commission report is on file. Historical Commission The Historical Commission report is on file. Open Space Commission Mr. Kuhn said there was no meeting last month, therefore, there was nothing new to report. Mr. Kuhn read an excerpt from the Historical Commission report with regards to the Longwood School ruins. He asked if the Board should rescind its earlier approval to have someone use a metal detector on the property in order to search for artifacts. Mr. Hogan indicated there has been no interest by any archeological experts in searching for artifacts. He suggested they look again for an expert interested in the property, but if none is found, to let the metal detector be used. Mrs. Ewald moved to request that Mrs. Csete send a letter to Fred Glansky to let him know his artifact search project is on hold, and to send a note to the Historical Commission asking them to research the avenues that should be explored with regards to a possible archeological dig. Mr. Kuhn seconded. Mr. Hogan said he would provide the address of Mr. Glansky to Mrs. Csete. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Mr. Hogan announced that the Pennsylvania Historical Museum Commission (PHMC) is giving awards and grants of $50,000 to $100,000 for this type of work, and suggested the Township investigate. Mr. Comitta said he has been doing a lot of lectures for the PHMC and provided the contact name of Mr. Michel LeFevre with his telephone number and ask that he put them in touch with Mr. Curt Carr, head of archeology, regarding this matter. Roadmaster The Roadmaster report is on file. Fire Marshal The Fire Marshal report is on file. Parks and Recreation Committee The Parks & Recreation report is on file. Brightside Farm Committee Mr. Hogan indicated that Mr. Jacob Merriwether got two of the three bids in for the barn flooring material. Mr. Merriwether is hopeful the third bid will be received soon so he can email the information to the members of the Board and hopefully obtain an approval. Mr. Hogan said aluminum flashing is needed for the window sills, as well as corrugated siding for the west side of the calving barn. These items are planned to be purchased before the end of the year and to be installed as soon as possible thereafter. The Brightside Farm Committee report is on file. Valley Forge Sewer Authority The Valley Forge Sewer Authority report is on file. Hearings Ordinance Amendments - Article IV - Farm Residential This hearing was recorded by Court Reporter, Mr. Tom Corcoran, and was deferred to the December 15, 2003 meeting. Conditional Use Application - Outdoor Partnership This hearing was recorded by Court Reporter, Tom Corcoran. Elizabeth Witmer, Esq., attorney for Outdoor Partnership, marked the following exhibits while hearing testimony from her witness, Mr. Chuck Dobson: A3 - Chester County tax parcel map 35-3 A4 - Chester County tax parcel map 35-4 A5 - Xeroxed enlargements of map 35-3 showing those parcels outside of the 250' barrier that were notified of the proposed billboard construction A6 - All printouts that identify the notified property owners A7 - The letters that were sent to the property owners A8 - The Conditional Use Application itself A9 - Cover letter dated 7/16/03 to Mrs. Csete signed by Mr. George Asimos & counsel A9a - Billboard building application project narrative A9b - Steep slope impact report A9c - Photos supporting the applications (10 pages) A9d - Plan dated 5/27/03 from Electrical Design Services A9e - Letter to D. Curry from Electrical Design Services dated 5/5/03 A9f - Letter to C. Dobson from Electrical Design Services dated 5/8/03 A9g - Portion of map showing the affected properties A9h - Transformer Summary Outdoor Partnership, LLC. A9i - 5/27/03 Work Order #4 - Work Order Description Outdoor Partnership, Llc. A9j - Photo location plan, last revised 6/9/03, for above-mentioned work order A9k - Drawing by Outdoor Specialists, Inc. dated 4/15/03 A9l - Building plan by Genterra, last revised 6/9/03 for Outdoor Partnership, Llc. A10 - Current plan set (11 sheets), last revised 10/17/03 A11 - 11/3/99 letter regarding an original billboard application A12 - Decision #7-99 on the application referenced in A11 above A13 - Opinion issued by the Chester County Court of Common Please A14 - 3/11/03 letter to Mr. Kohli regarding the denial of a building permit application A15 - Mr. Chuck Dobson's Curriculum Vitae A16 - Steep Slope Impact report A17 - Review letter from Mr. Kohli A18 - Letter from the PA Turnpike Commission dated 10/3003 to Outdoor Partnership, LLC. A19 - 4/30/03 letter from PA Turnpike Commission to Outdoor Partnership, Llc. A20 - 1/21/03 letter from PA Turnpike Commission to Outdoor Partnership, Llc. A21 - Sheet 2 of 11 of plans, last revised 10/17/03 (graphical representation of depth of fill) A22 - Review letter by Comitta & Associates, Inc. dated 11/7/03 A23 - 4/30/03 letter to Ed Theurkauf from G. Assimos addressing the 11/7/03 Comitta & Associates letter. A24 - Project narrative and supporting calculations (supplement to previously provided construction narrative) Ms. Witmer asked that these exhibits be entered into evidence, at which time Mr. Oeste said they would reserve ruling on the admission of these exhibits into evidence pending their authentication. Ms. Witmer agreed to provide appropriate witnesses at the next hearing date in order to authenticate the documents. Gary Bender, Esq. cross-examined Mr. Dobson, and then Mr. Oeste gave the parties the ability to ask questions. The following parties asked questions: Cathy Friel, Forge Court Fred Strittmatter, Blackberry Lane Ginnie Durkan, Blackberry Lane Gerrie Schinski, Yellow Springs Road Mr. Jim Schinski, Yellow Springs Road Regina Notar, Blackberry Lane Jennifer Fensten, Blackberry Lane The hearing was continued to December 15, 2003, weather permitting. In the event of bad weather or other emergency, the hearing will be continued to the next, regularly scheduled Board meeting, January 5, 2004. At 10:36 P.M. the Board recessed for a 5-minute break. Old Business There was no old business. New Business Schedule Lillmars Conditional Use Hearing This item was scheduled for the January 5, 2004 meeting. Other Business There was no Other Business. Adjournment The meeting was adjourned at 10:40 P.M. The next meeting will be held on December 15, 2003, 7:30 P.M. at the Great Valley Middle School, Room 154. Respectfully Submitted, Melanie M. Lammers Recording Secretary     CHARLESTOWN TOWNSHIP BOARD OF SUPERVISORS REGULAR MEETING December 15, 2003 The second business meeting for December was held December 15, 2003, at the Great Valley Middle School, Room 154. Paul Hogan, Chairman, Hugh Willig, Vice Chairman, Irene W. Ewald, Mike Rodgers, Kevin R. Kuhn, Thomas Oeste, Esq., Surender Kohli, P.E, Ed Theurkauf, Tom Corcoran, Court Reporter, Linda M. Csete, Township Administrator, Melanie M. Lammers, Recording Secretary, and those on the attached list were present. The meeting was called to order at 7:35 P.M. following an Executive Session. Announcements Mrs. Ewald announced the passing of Miss Betty Stonorov and recalled fond memories of her, stating she was a tremendous figure in the Township for the past 75 years. She said her most vivid image of Miss Betty was of her World War II Jeep that children painted yellow and loved to ride in, as well as her big, straw hat. Mrs. Ewald said Miss Betty showed great leadership, love, and caring over the years and said she greatly admired her. Mr. Hogan added that Miss Betty was instrumental in changing his life, because she was the reason he went into the field of designing playgrounds. Mrs. Ewald addressed the residents of Blackberry Lane, stating that their concerns have been heard with regard to the proposed billboards. She said any lack of due process, court decisions, etc., can be explored separately by the neighbors. She added that the Board may not always be able to do what the residents would like, but assured them that their concerns had been heard. Mr. Rodgers thanked Mrs. Ewald for her service and dedication to the Township. Mr. Hogan presented her with a book of photos from himself and a framed print of the Rapp House on behalf of the Board of Supervisors, other Township committees, staff, and Township consultants. Mrs. Ewald said she was overwhelmed and thanked everyone. She said it has been a privilege serving the people of Charlestown Township. Citizen's Forum - Non-Agenda Items Mr. Bill Rhoads asked for a status of the proposed ordinance amendments regarding the commercial use of historic properties. Mr. Oeste indicated these ordinance amendments were deferred until a later date and that no action had yet been taken. Mr. Rhode is interested in hosting special events, such as wedding receptions, at his Bell and Clapper property on Route 29. Mrs. Ewald said that commercialization was a concern she raised at the last meeting, and that further discussions are needed to ensure that the proposed ordinance amendments do not open a Pandora's box. Mr. Rhoads asked if he could accommodate a wedding in the meantime, and he was instructed to check with the Zoning Officer. Mr. Kohli said in order to host such an event commercially, he would need to meet the Labor and Industry requirements. Approvals Minutes of December 1, 2003 Mr. Kuhn moved to approve the December 1, 2003 minutes, and Mrs. Ewald seconded subject to the following correction: Page 4, First sentence: Mr. Kuhn should be changed to Mrs. Ewald. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Accounts Payable Report - December 15, 2003 Mr. Rodgers moved to approve the December 15, 2003 Accounts Payable report, and Mr. Kuhn seconded. Mrs. Ewald indicated that work by Frens & Frens for the Brightside Farm Master Plan had not been requested, and suggested a new check be issued to Frens & Frens in the amount of $3446.50, a $1026.16 reduction from the original check #2311. Mr. Rodgers agreed and amended his motion. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Hearings The following hearings were reported by Court Reporter, Tom Corcoran. Ordinance Amendments: Article IV - Farm Residential Mr. Oeste said he just recently provided comments to Mr. Comitta, and in order to allow Mr. Comitta ample time to review them, continued the hearing to January 26, 2004. Conditional Use Application - Altemose Assisted Living Facility Mr. Oeste indicated he received a request from Joseph P. Ryan, Esq., asking for a continuance, therefore, this hearing was continued to January 26, 2004. Conditional Use Application - Outdoor Advertising Witnesses were heard on behalf of Outdoor Partnership, LLC in order to prove the authenticity of exhibits previously entered by Elizabeth Witmer, Esq. Additionally, Ms. Witmer entered Exhibit A26, which was a letter dated January 7, 2003, to the Pennsylvania Turnpike Commission from Outdoor Partnership, LLC asking for permission to remove trees. After cross-examinations were complete, Ms. Witmer asked for the admission of Exhibits A1-A26 into evidence. Mr. Oeste admitted them into evidence pending scrutiny at a later date, based upon their weight, etc. in given situations. Ms. Witmer rested her case. The hearing was continued to January 26, 2004. Old Business Appointment of Earned Income Tax Collector and Authorization of Appropriate Officers to enter into Collections Agreement Mr. Hogan announced that Centax was the agency recommended as the Earned Income Tax collector. He read the proposed resolution which would appoint Centax the Earned Income Tax Collection agency. Mr. Kuhn moved to approve the adoption of Resolution #614-03, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Jenkins Property Acquisition Mr. Oeste stated he received the Title Report on Friday and said there was nothing of any concern. He said he prepared a resolution for the Board to approve, indicating it would be a requirement of the title company. He noted a typo in the resolution, stating that, on the end of Page 1, the word 'easement' should be changed to 'property'. Mrs. Ewald moved to approve the adoption of Resolution #615-03, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Solda Easement Acquisition Jim McErlane, Esq. summarized the easement acquisition. He said that one remaining issue is with regard to the trail being open to the public. He said the issue of access has not been worked out. Mrs. Ewald said it is necessary for the trail to be made public, and Mr. Kuhn disagreed, stating public access is not needed in his opinion. Mr. Willig asked if the right-of-way were moved, would the trail move correspondingly, and Mr. McErlane said it would. Mrs. Ewald said she cannot support this unless the trail is made public. Mr. Rodgers moved to approve the adoption of Resolution #616-03, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. Four were in favor, and one was opposed. New Business Accessory Structure in Side Yard Abutting Street - Terry Wochok Mr. Terry Wochok requested permission to construct a gazebo on a corner lot in the side yard facing a street. Mrs. Ewald moved to approve the gazebo construction, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Resolution to Accept Dedication of Whitehorse Meadows Lane Mr. Oeste indicated this was not ready, and therefore, it was tabled to a future date. Charlestown Woolen Mill Bid Results Mr. Kohli reviewed the bids, indicating they ranged from $249,600 to $529,000. He said the document requires the bid be awarded within 60 days. Mr. Kohli said there is no work to be done now, and suggested tabling the awarding of the bid to the January 26, 2004 meeting. Mr. Kuhn asked Mr. Kohli what he thought of the Township's approach to this process, and Mr. Kohli responded they are simply having a tough time getting the right bidders. Mrs. Ewald suggested pursuing Berks County Barn Builders. Mr. Kuhn asked if the scope of work should be cut back to only the stone work for the next few years. Mrs. Ewald moved to table this topic to the January 26, 2004 meeting, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Request to use Basketball Courts Mr. Nicholas Jones of Phoenixville, requested permission to use the new basketball courts for a non-profit organization, The Cory Erving Foundation. Mr. Hogan asked Mrs. Csete to refer him to the Parks and Recreation Board and said he needs to submit a proposal to them for review. Tax Levy Resolution Mrs. Csete read the proposed Tax Levy resolution. Mr. Rodgers moved to approve the adoption of Resolution #617-03, and Mr. Kuhn seconded. Mr. Hogan called for discussion. Mr. Willig felt it important to mention that the mils decreased from 1.0% to 0.75%. Mr. Hogan called the vote, and all were in favor. 2004 Budget Resolution After a brief discussion regarding some points of the proposed budget, Mrs. Ewald moved to approve the adoption of the budget via Resolution #618-03, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor. Schedule Joint Session with the Planning Commission to discuss future of Devault Area planning Mr. Mike Allen said the Planning Commission would like to hold a meeting with the Board of Supervisors to discuss the path forward for the Devault area. McDevitt Property Mr. Kuhn said he met with Bill Anderson, Andy Motel, and Wade McDevitt. It is Mr. McDevitt's desire to turn his property into four farmettes and would like the Township to help with the cost of a riding center on the property. Mr. Kuhn said he told Mr. McDevitt to give a presentation to the Planning Commission and Board of Supervisors. Mr. Kuhn asked if it would be best to hold a special meeting between the Planning Commission and Board of Supervisors to discuss this topic as well as the Devault Area, and the Robal Associates sketch proposal. It was decided a special meeting would be held on Wednesday, February 11, 2004, 7:30 P.M. at the Great Valley Middle School to discuss these three topics. Schedule Joint Session with the Planning Commission to discuss Robal Associates sketch proposal This matter was scheduled for Wednesday, February 11, 2004, 7:30 P.M. at the Great Valley Middle School. Schedule Reorganization Meeting The Reorganization Meeting was scheduled for January 5, 2004 at 7:30 P.M. in Room 154 of the Great Valley Middle School. Other Business There was no Other Business. Adjournment The meeting was adjourned at 9:54 P.M. Respectfully Submitted, Melanie M. Lammers Recording Secretary

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