Charlestown Township
Board of Supervisors Business Meeting
Minutes of September 18, 2000

The third business meeting for September was held September 18, 2000 at the Great Valley Middle School, Choral Room. Irene W. Ewald, Chairman, Hugh D. Willig, Vice Chairman, Paul J. Hogan, Kevin R. Kuhn, Michael J. Rodgers, Thomas F. Oeste, Esq., Gary Bender, Esq., Surender S. Kohli, P.E., Tom Comitta, Planner, Linda M. Csete, Township Secretary and those on the attached list were present.

The meeting was called to order at 7:35 P.M.

Announcements

Mrs. Ewald announced that the Board held an executive session with Mr. Oeste on September 11, 2000 following the business meeting to discuss legal matters.

Citizens’ Forum - Non-Agenda Items

No items were brought forward.

Approval of Minutes - September 11, 2000

Mr. Rodgers moved to approve the minutes of September 11, 2000 and Mr. Kuhn/Mr. Willig seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, the vote was called and all were in favor.

Hearings

Altemose Curative Amendment

The hearing was opened and Jane Opie, Court Reporter, took the proceeds. The record was closed and the Board will render a decision within the 45-day time period allowed by the MPC.

Stoudt Conditional Use Application

The hearing was opened and Jane Opie, Court Reporter, took the proceeds. The hearing was continued to October 16, 2000 and is expected to close barring any unforeseen circumstances.

Spring Lane Farms Conditional Use Application

The hearing was opened and Jane Opie, Court Reporter, took the proceeds. The hearing was continued to October 16, 2000 per the applicant’s request.

Emma Builders Conditional Use Application

The hearing was opened and Jane Opie, Court Reporter, took the proceeds. The hearing was continued to October 16, 2000.

New Business

Gross Zoning Hearing Board Application

David and Susan Gross, 168 Sycamore Lane, presented details on their application before the Zoning Hearing Board on September 20, 2000 seeking a variance to permit an addition to their home, a non-conforming building on Sycamore Lane. They also require a variance because the proposed addition will have a square footage greater than 50% of the existing structure. Mr. Gross said the addition has been designed to complement the existing architecture and will raise the roof over an existing attic section and feature a sloped pitch. Mrs. Ewald asked if their addition is larger or smaller than that proposed in a previous application by the former property owner, which was approved with conditions. Mr. Gross responded that he wasn’t sure of the square footage comparison, but noted that the previous application proposed a full basement, where his has only a crawl space.

Discussion: Zoning Hearing Board Applications Scheduled for September 20, 2000

Mrs. Ewald noted that the Gross property has some very wet areas, which should be taken into consideration during the hearing for this application.

With regard to the Performance Automotive application, Mrs. Ewald said she wants to ensure that there will be no retailing of cars on the site. Mr. Kohli will represent this position at the hearing.

Old Business

Late Spring Developers - Conditional Use Application Decision

Mr. Oeste summarized the 9 proposed conditions of the draft decision and order for the Late Spring Developers Conditional Use Application. One of those conditions was to require a donation of $5,000.00 to the Phoenixville Pike Improvement Fund in line with those provided by other businesses constructed along that road and nearby roads since 1988.

Mr. Rodgers moved to approve the draft Decision and Order as written. Mr. Willig/Mr. Hogan seconded. Mrs. Ewald called for Discussion from the Board and then the Public. Mr. Santoro of Late Spring Developers objected to the requirement for the donation, as it should have been brought up to them prior to today. Mr. Willig agreed that the Board was remiss in not bringing the matter forward earlier, and Mr. Kuhn agreed, saying the decision to accept this condition was in the applicant’s hands. Mr. Santoro asked if the donation could be made payable at the time the Occupancy Permit is approved, and the Board agreed. Mr. Santoro further commented that he was asked to provide a traffic study for Phoenixville Pike that cost $5,600.00. He believes the study was unnecessary and pointed out that these funds could have been used for the requested donation. He said enough recent studies existed for Phoenixville Pike as to make theirs superfluous. Mrs. Ewald called for the vote on approving the Decision and Order, and all were in favor.

Document Solutions - Conditional Use Application Decision

Mr. Oeste summarized the 7 proposed conditions of the draft decision and order for the Document Solutions Conditional Use Application. Mr. Kuhn moved to approve the draft Decision and Order as written. Mr. Rodgers seconded. Mrs. Ewald called for Discussion from the Board and then the Public. Mrs. Ewald noted that the construction of this flex building in the NC-2 District will decrease the amount of available neighborhood commercial area in the Township. Mr. Kohli said that the 33% office/67% warehouse mix is permitted by conditional use in NC-2. Mrs. Ewald called the vote and all were in favor.

Pebble Pools Inc. - Francis Property - Conditional Use Application Decision

Mr. Oeste summarized the 6 proposed conditions of the draft decision and order for the Pebble Pools Conditional Use Application. Mr. Rodgers moved to approve the draft Decision and Order as written. Mr. Willig seconded. Mrs. Ewald called for Discussion from the Board and then the Public. There being none, she called the vote and all were in favor.

Review Bid Package Proposal - Charlestown Park Improvements

Mr. Hogan moved to authorize Thomas Comitta Associates to prepare the bid documents for the Charlestown Park improvements per Mr. Theurkauf’s proposal. Mr. Willig seconded. Mrs. Ewald called for Discussion from the Board and then the Public. There being none, she called the vote and all were in favor.

Mr. Hogan asked about the staking of the proposed asphalt trail, and Mr. Comitta said Ed Theurkauf and Mark Connolly would stake it out and a preconstruction bid meeting would be held on site. Mr. Hogan is concerned that the trail meet ADA 5% grade requirements. He and Mrs. Ewald asked to be contacted when the stakes are in place so they can visit the site.

The Secretary will forward a letter to the Chester County Parks and Recreation Department requesting an extension to 12/31/00 on completing this project, for which a Round Ten 50% matching grant has been approved.

Resolution #565-00

Mrs. Ewald read Resolution #565-00 in its entirety, which authorizes the use of Liquid Fuel Tax Funds for the 2000 paving project to include Blackberry Lane, Newcomen Road and the Oak Lane circle. Mr. Rodgers moved to approve Resolution #565-00. Mr. Hogan seconded. Mrs. Ewald called for Discussion from the Board and then the Public. There being none, she called the vote and all were in favor.

Resolution #566-00

Mrs. Ewald read Resolution #566-00 in its entirety, which authorizes her as Chairman to sign PennDOT’s addendum to the existing 5 year Winter Maintenance Agreement. Mr. Rodgers moved to approve Resolution #566-00. Mr. Willig seconded. Mrs. Ewald called for Discussion from the Board and then the Public. There being none, she called the vote and all were in favor.

2000-2001 Equipment Rental Bid Proposal

Mr. Rodgers explained that the bid proposal seeks bidders to supply road equipment with operators for the period of October 1, 2000 - September 30, 2000. A 9-month option to extend clause is included with the intention of cycling the contract period back to the more standard July 1st - June 30th period.

Mrs. Ewald referenced Page 5 item #4 asking whether the Board may reject any bids for conflicts of interest. Mr. Oeste said this could only be done if there was language to this effect in the existing Statement of Bidder’s Qualifications form. After some discussion, the Board directed Mr. Oeste to draft language to add to this form disqualifying bidders who are lineal descendents of the Roadmaster and further disqualifying bidders who had previously breached a contract with the Township.

Mr. Kuhn moved to direct the Secretary to advertise the bid with the amendments to the Statement of Bidder’s Qualification form as discussed and with the bid opening to take place at the October 16, 2000 meeting. Mr. Willig seconded. Mrs. Ewald called for Discussion from the Board and then the Public. There being none, she called the vote and all were in favor.

Some strategies were discussed to maximize response to the bid invitation. Mr. Kuhn mentioned the idea of contacting a neighboring township and contracting with them to provide service through their road department, but at this time the bid invitation will go forward.

New Business

Tabled until October 2, 2000

These matters were tabled until the October 2, 2000 meeting: Escrow Releases #7 & 8 for Lot 17 at The Commons @ Great Valley, and attendance of the C.C.A.T.O. Fall Convention on November 16, 2000.

Sexual Harassment Policy - Discussion

Mrs. Ewald noted that this policy also includes policy on discrimination. Mr. Kuhn said the title of the policy is Sexual and Other Harassment Policy and Guidelines. He voiced his concern that the policy has no real teeth in it for township employees with regard to harassment by one of the supervisors, as a supervisor can’t be fired for misconduct. Mr. Oeste said recourse is more in the form of a formal reprimand, and that an employee may sue a Supervisor personally for harassment. He sees the policy as more of an awareness policy, with a way to have a procedure in place should the need arise. Mr. Kuhn said that page 5 indicates that the Board of Supervisors handles any complaint. He asked if another party could be designated in the event one of the board members was involved, such as the Solicitor. Mr. Oeste answered yes.

Mrs. Ewald said the policy also focuses on discrimination based on religion, ethnicity, race, gender, sexual orientation, etc. She said she asked all Board members and employees to read the policy and sign an acknowledgement that they had done so. She said the Township’s insurance broker, Joe Merchant, is forwarding copies of information detailing this procedure as a risk management policy. Mr. Rodgers disagreed with the need for an acknowledgement and said he would not sign one.

Adjournment

The meeting was adjourned at 11:30 P.M. The next meeting will be held on October 2, 2000 at the Great Valley Middle School Choral Room.

Respectfully submitted,


Linda M. Csete, Township Secretary