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

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

The meeting was called to order at 7:42 P.M.

Announcements

Mrs. Ewald announced that an executive session was held on December 11, 2000 to review outstanding issues with consultants with regard to Charlestown Oaks.

Mr. Kuhn announced that he and Mr. Rodgers attended an information-gathering meeting in West Pikeland Township to discuss open space committees.

Mr. Hogan announced that he and Mrs. Ewald visited the Springton Manor Farm and the 4-H Club on Route 322, both in Glenmoore to look into options for the Pyle Farm. They discussed the possibility of a satellite operation at the Pyle Farm with Pat Taus of the 4-H Club.

Mr. Hogan said he and Josh Lord of Lord’s Tree Service examined the downed tree at the Revolutionary War Cemetery. Removing it is problematic due to the proximity of gravestones, some of which will have to be moved temporarily. Also, a truck can’t be brought into the area. It was determined that the work will be done by the end of the year. Mr. Kuhn suggested that Mr. Hogan speak with Janet Baldwin before moving any gravestones.

Citizens’ Forum - Non-Agenda Items

No issues were brought forward at this time.

Approval of Minutes

Mrs. Ewald moved to approve the December 4, 2000 minutes with one correction in the 3rd paragraph, last line, under Announcements to read, Mrs. Ewald said instead of He said Mr. Kuhn 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.

Accounts Payable December 18, 2000

Mrs. Ewald moved to approve the Accounts Payable Report for December 18, 2000 and Mr. Rodgers seconded. Mrs. Ewald called for discussion from the Board and then the public. She asked Mr. Rodgers if the work was done well on Blackberry Lane and Newcomen Road, noting a small overage in the invoice amount over the original bid. Mr. Rodgers said the work was satisfactory and the invoice was in order. Mrs. Ewald called the vote and all were in favor.

Old Business

Bid Opening - Traffic Signal at Route 401 and Valley Hill Road

The following four bids were opened and read aloud:

Armour & Sons Electric, Inc. $71,754.00
Miller Bros. Div. Of Wampole-Miller Inc. $78,085.80
Henckels & McCoy Inc. $60,544.90
Lenni Electric Corporation $68,153.25

Mr. Kuhn moved to award the bid to Henckels & McCoy subject to Mr. Kohli’s review, and Mrs. Ewald seconded. She called for discussion from the Board and then the public. There being none, she called the vote and all were in favor.

Myers - Request for Building Permit Issuance

The proceeds were taken by a court reporter. Mrs. Ewald moved to approve the issuance of the building permit to the Myers subject to five conditions as outlined on Mr. Oeste’s memo dated 12/18/00 to the Board of Supervisors. Mr. Hogan seconded, and Mrs. Ewald called for discussion. Mr. Willig asked if the Myers agreed to the conditions, and Mr. Myers responded yes. Mrs. Ewald called for the vote. Four were in favor, and Mr. Rodgers was opposed. The motion carried.

Daniel K. Stoudt - Conditional Use Decision

Mr. Oeste referred to a letter dated December 15, 2000 from Mr. Stoudt’s attorney to the Board, which accepted the 12 conditions of the Conditional Use Decision with a request that condition 7 be modified so that the Township Solicitor determine the acceptable form and substance of the license in the event the Applicant cannot reach an agreement with the Pickering Hunt Club on the language. After some discussion, the Board further amended the condition so that the Board, with its Solicitor, will determine the acceptable form. Mrs. Ewald moved to approve the modification as stated, and Mr. Rodgers seconded. Mrs. Ewald called for discussion from the Board and then the public. There being none, she then called the vote and all were in favor.

Charlestown Oaks - Minor Plan Revision

Frank Iacobucci Jr., Louis J. Colegreco, Esq. and Frank Iacobucci Sr. were present to discuss the final revised plan for Charlestown Oaks. Mr. Iacobucci (Jr.) stated that he agrees to donate $200,000 to the Township, for parks improvement or whatever the Township deems needed, in lieu of planting 850 additional trees on the Charlestown Oaks site as depicted in the currently approved plan.

Mrs. Ewald said the Board held an executive session with its consultants on December 11th to review the proposed revised plan and the intrusions depicted into very steep slopes. She said that she was satisfied with the consultants’ responses.

Mr. Willig asked about the letter received today from the Department of Conservation & Natural Resources, which indicates they have not completed their review. He said the DEP should have waited for the DCNR’s recommendation before going forward and issuing the permit, which is now in place.

Mrs. Ewald asked if Mr. Kohli has been satisfied with the sensitivity applied in the field during construction thus far at Charlestown Oaks, and Mr. Kohli responded yes.

Mr. Hogan stated his interest in working with the architect on plans for the playground areas and equipment. Mr. Iacobucci invited him to the Homeowners’ Association meeting scheduled for January 16, 2001 at 7:00 P.M. at the sales office, where an architectural committee will be formed.

Joy McDonald asked if the water basin above her property is used for recharge. Mr. Kohli answered that it is, in part. She asked if it has a vinyl liner, and Mr. Kohli answered no. Mrs. McDonald said her driveway washed out again after the rains on December 16-17th. Mr. Iacobucci offered to meet with her to examine the situation.

Mrs. Ewald moved to approve the Revised Final Plan for Charlestown Oaks subject to the review comments from Mr. Kohli and Mr. Comitta, the DEP permit requirements, and the receipt of a $200,000 unrestricted contribution to the Township to be posted at the time of financial security posting. Mr. Rodgers seconded, and Mrs. Ewald called for comments. Mr. Kuhn said he’d like to see the contribution earmarked for open space improvements. Mrs. McDonald asked who owns the open space in this development, and Mrs. Ewald responded that the Homeowners’ Association does. Mrs. Ewald called the vote and all were in favor.

New Business

Schedule Conditional Use Hearing - Saddlebrook

The conditional use hearing for the Saddlebrook application was scheduled for January 2, 2001.

Appointment of Independent Auditor for Fiscal Year 2000

Mrs. Ewald read aloud proposed Resolution #568-00, appointing Emory Todd, CPA to undertake the audit for Fiscal Year 2000. She moved to approve Resolution #568-00 and Mr. Kuhn seconded. She called for discussion from the Board and then the public. There being none, she called the vote and all were in favor.

Tax Levy Resolution

Mrs. Ewald read aloud proposed Resolution #569-00, setting the real estate tax rate for 2001 at .52 mills. She moved to approve Resolution #569-00 and Mr. Kuhn seconded. She called for discussion from the Board and then the public. There being none, she called the vote and all were in favor.

Budget 2001

Mrs. Ewald read aloud proposed Resolution #570-00, adopting the proposed budget for 2001. She moved to approve Resolution #570-00 and Mr. Willig seconded. She called for discussion from the Board and then the public. There being none, she called the vote and all were in favor.

Other Business

Round X Park Facilities Grant - Charlestown Park Addendum to Extend Deadline

Mrs. Ewald said the Board received a confirmation from the County Parks and Recreation Department that an extension to the upcoming deadline to 12/31/01 for the Round X Parks Facilities Grant will be accepted upon execution of a contract addendum. The Board executed the addendum to the original agreement.

Resolution to Adopt Pension Plan

Mrs. Ewald read aloud proposed Resolution #571-00, providing a pension plan for full-time Township employees, vesting after seven years of service. She noted that grant money is available from the state, which covers a portion of the cost of the pension after the Township funds it for three years. Mr. Kuhn moved to approve Resolution #571-00 and 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.

Schedule Executive Session

An Executive Session to discuss personnel matters was scheduled for 12/27/00 at 8:00 P.M. at the Township office.

Animal Control and Park Maintenance

Mr. Hogan said that Mark Cabot is interested in the position of animal control officer and in handling park and open space maintenance. Mr. Hogan proposed that some of the maintenance duties would include posting of signs, removing litter and dumping of materials from the roadsides, clearing small branches from roadways, and maintaining playground equipment. The Secretary will obtain sample job descriptions for this position. Mr. Kuhn suggested that the Roadmaster supervise this position when it relates to roadwork.

Planning Issues - Discussion

Mr. Philips said that the Turnpike Commission has contacted him again asking for data on future development proposed for Charlestown. Mr. Theurkauf said this has already been provided to them and was presented to the Planning Commission as well.

Mr. Philips advised the Board that the applicant for the Deerfield subdivision has submitted a by-right plan, requiring no conditional uses, and has indicated no interest in working with the Planning Commission to enhance the plan design.

Mr. Kuhn asked if the proposed ordinance to extend the Open Space Option to 25+ acre properties contiguous to eligible properties should be scheduled for a hearing and advertisement.

Mrs. Ewald said she doesn’t want to open this option up and suggests doing it only for the Dixon property. She said she sees a downside to the option, providing the example of Tyrone Farms subdivision as an extreme example of what can happen if a subdivision is created that cannot sustain on-site water and septic, causing the need to bring in public utilities. She is also concerned with the relationship among adjacent properties and how the houses may not blend in with the landscape.

Mr. Kuhn countered that many subdivisions now constructed likewise don’t blend in with the landscape. Newer county regulations requiring a 100-foot distance between on site well and septic systems would lessen the chance of a major failure. He wants the developers to have the tools to design more desirable plans.

Mr. Theurkauf stated that since the open space option would be permitted only by conditional use, the Board would have a great deal of leeway exercising the option.

Mr. Oeste said that the Board could control the use of the option by including criteria that wouldn’t apply to all FR properties. Mr. Philips noted that was the reasoning behind requiring that the additional properties under consideration be adjacent to properties now eligible under the option. In this way, open space and trails can be blended together.

Mrs. Ewald said she is concerned that the Township is moving too fast to open up this option before the results of any plans can be seen. Until obstacles are encountered in an open space plan, it’s difficult to predict the outcome of large-scale availability of the option.

Mr. Kuhn said he doesn’t see the downside to the option, but only sees the benefit of giving developers the tools to do better planning.

Mr. Kohli said the proposed ordinance only adds about 10 properties to the eligible list, which could be tightened further if the Board chose to do so. Mrs. Ewald suggested that Mr. Oeste and Mr. Theurkauf look for ways to do this. Mr. Philips said the Planning Commission is capable of working with the open space option ordinance as proposed and sees it as a charter they need to have available to them. He said the Planning Commission encourages the Board to go forward and advertise the proposed ordinance. Mr. Kuhn said he’s agreeable to having Mr. Oeste and Mr. Theurkauf review the proposed ordinance for further restrictions. Mr. Oeste said the County Planning Commission will need 30 days for its review before a hearing can take place.

Mr. Kohli said the Planning Commission has been reviewing a change to the net-out provisions of the zoning ordinance to include a net-out of a percentage of steep slopes, similar to the 75% net-out of floodplains. There was further discussion on this issue, which was considered favorably by the Board.

Adjournment

The meeting was adjourned at 10:05 P.M. The Reorganization Meeting and first Business Meeting of 2001 will be held on Tuesday, January 2, 7:30 P.M. at the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete, Township Secretary