Charlestown Township
Board of Supervisors Business Meeting
Minutes of April 21, 2003

The second business meeting for February was held April 21, 2003, at the Great Valley Middle School, Room 154. Paul J. Hogan, Chairman, Hugh D. Willig, Vice-Chairman, Irene W. Ewald, Michael J. Rodgers, Kevin R. Kuhn, Thomas Oeste, Esq., Surender S. 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 7:29 P.M.

Announcements

Mrs. Ewald acknowledged the passing of Dr. John Foster and Mr. Richard McDevitt. John Foster was a member of the Planning Commission, a local physician, and a farmer who raised organic Charleroi beef cattle. His work on the Planning Commission was always with a focus on the preservation and respect of the land and also on the natural features in Charlestown Township. She said she thinks his most exciting contribution on the Planning Commission was in regards to Bridge 178, known locally as Miss Betty’s Bridge. This historic iron trust bridge, which crosses the Pickering Creek at Pickering Road, was scheduled to be demolished after being closed for twelve years. Dr. Foster was able to successfully assist in having it rehabilitated and it is now fully functional. Mrs. Ewald remembered John and extended her sympathies to his family.

Mrs. Ewald said Mr. McDevitt had served as a President Judge of the Judicial Review Board in the state of Pennsylvania, was in charge of the Devon Horse Show for many, many years, and was head of the American Horseman’s Association. She said he was a local gentleman farmer with a very sizable farm on Conestoga Road. She added he was a delightful gentleman who will also be sorely missed.

Mr. Hogan announced he had his second round of chemotherapy last week. He said the treatment is going well, and the tumor on his tonsil has been reduced. Mr. Hogan said if anyone has any questions about him or his treatment to feel free to ask.

Presentation - Theresa Thornton Johnson

Ms. Johnson spoke about the wonderful history of the Longwood School (see attached) and announced she wishes for the site to be preserved. She would like to see the ruins stabilized and a complete restoration to take place.

Mrs. Ewald moved to approve the signing of the Agreement of Sale for the Longwood School, and Mr. Willig seconded. Mr. Hogan called the vote and all were in favor.

Mrs. Ewald announced that Mrs. Wallace is donating the school and property to the Township for no monetary consideration, and said the Township owes her thanks for her generous donation.

Mr. Hogan asked Mr. Theurkauf to take pictures of the Board, along with Ms. Thornton Johnson, in order to begin documenting the transfer and subsequent processes surrounding the Longwood School. Mrs. Ewald called this a special occasion and asked Mr. Theurkauf to take pictures of everyone in attendance. Mr. Hogan added that he is very happy with this situation and would like orange fencing placed around the School in order to keep people from further damaging it. The only question regarding this project is which committee to assign it to. It is yet to be determined whether it will fall under the Parks & Recreation Board or the Historical Commission.

Mrs. Ewald asked that Mrs. Csete prepare a Certificate of Appreciation for Mrs. Wallace, owner of B.E. Wallace, and a former, high-level, State department official.

Citizen’s Forum - Non-Agenda Items

Devault Village

Ms. Vanessa Weisman, resident of Sawgrass Lane, expressed her concerns over the Devault Village concept plan. She said she would like to know the status of the project, who is on the project’s subcommittee, and whether or not the subcommittee meetings are open to the public. Mr. Allen, Planning Commission Chairman, responded. He indicated the information on this project is very preliminary and there is a long way to go before anything would even be considered. He said the purpose of the subcommittee is so a few members of the Planning Commission can meet with their consultants simply to understand the information that is being presented by the developer. He added that this option would be to have the Township possibly coordinate the development of that entire area, rather than the other option, which would be to allow it to be developed exactly as it is currently zoned. He said this concept has been discussed in the Planning Commission meetings for many, many months, and recommended that anyone interested should attend the meetings. Ms. Weisman indicated she would like to attend the subcommittee meetings. Mr. Allen said that was not possible at this time, but that there were discussions to involve some members of the public in future if the concept moves forward.

Mrs. Eleanor Morris, former Director of the French & Pickering Creeks Trust, which has been involved in preserving historic and rural character within the Township, said it was great to hear Ms. Thornton Johnson’s speech. She said, however, she was appalled to hear of the Devault Village project. Mr. Willig reiterated that this is only a concept, and that no formal application had been made.

School Bus Safety Concerns

Mrs. Suree Moskowitz, a Charlestown resident, voiced her concerns over a bus traffic issue on Union Hill Road. She said vehicles are passing school buses that are stopped for boarding with their flashing lights on, which is an extreme danger to the children. She asked the Township to do something about it.

Mr. Gil Mariano asked where the speed hump project stands, which would slow and discourage traffic on Union Hill Road. Mr. Kuhn explained there was a petition submitted to the Township that was overwhelmingly against it, which has caused the Board to reconsider. Mr. Mariano asked if it would be wise for those in favor of the speed humps to sign a petition as well, and Mr. Kuhn said yes.

Dr. Moskowitz indicated the traffic passing the school buses is a serious problem. Mrs. Ewald said she has spoken to the State Police, and the State Police indicated they have no log of complaints made by the bus driver. She said the bus driver must report each and every incident to the State Police. Mr. Churchill added that there is a large fine for this type of traffic violation, and that anyone seeing this happen should try to get the license plate number of the offender and call the police. Mrs. Ewald suggested the Board send a letter to the School District to remind them to ask the bus drivers to notify the police each time these incidents occur.

Turnpike Sound Barriers

Resident, Ms. Ginny Durkin, wants to form a committee to promote the installation of sound barriers along the Turnpike. Mrs. Ewald and Mr. Hogan indicated they believe that sound barriers do not work. Mr. Hogan said sound barriers only reduce the noise level by approximately five percent, and that sound bounces back to the drivers, causing other problems. He added that before promoting such a thing, he would want proof it works. Ms. Durkin said she has this information. Mrs. Ewald suggested she send a copy of it to Mrs. Csete for distribution to the Board. Mr. Hogan told Ms. Durkin that if she wants to form a committee, the Board would be happy to hear their findings.

Utilities vs. Loss of Trees

Mr. Saul Kun said he was concerned about the cutting back of trees to make way for utilities in the Devault area. He asked the Board to form a committee to stop the destruction of trees. Mrs. Ewald suggested the PECO liaison be invited to the next meeting in order to hear the concerns of the public. Mr. Hogan asked Mrs. Csete to extend the invitation.

Approvals

Minutes of April 7, 2003

Mr. Kuhn moved to approve the April 7, 2003 minutes as written, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Hearings

Performance Auto

This hearing was court reported by Tom Corcoran. Mr. Oeste opened and continued this hearing to May 19, 2003, in Room #154 of the Great Valley Middle School, 7:30 P.M.

Outdoor Advertising Conditional Use Application

This hearing was court reported by Tom Corcoran. Mr. Oeste opened and continued this hearing to May 19, 2003, in Room #154 of the Great Valley Middle School, 7:30 P.M.

Sean & Jill Maher - Conditional Use Application

This hearing was court reported by Tom Corcoran. The details of this hearing can be found on file in the Township office. This hearing was continued to May 19, 2003, in Room #154 of the Great Valley Middle School, 7:30 P.M.

Mr. Hogan requested a five-minute recess at 8:51 P.M. The meeting reconvened at 9:01 P.M.

Altemose Conditional Use Application

This hearing was court reported by Tom Corcoran. The details of this hearing can be found on file in the Township office. This hearing was continued to May 19, 2003, in Room #154 of the Great Valley Middle School.

Old Business

Highlands at Charlestown

John C. Snyder, Esq., said he had come before the Board to talk about the location of the trail, which was a condition of their preliminary subdivision plan approval. Mr. Chip Vaughan, NVS Custom Homes, indicated he met with Mrs. Kathy Scipione in order to determine if, and where on her property, the trail could be located. Mr. Vaughan showed a drawing and pictures to depict where the trail would impact Mrs. Scipione’s property. Mrs. Scipione was not in favor of having this trail on her property, as she is concerned about her privacy and security. Mr. Snyder and Mr. Theurkauf agreed there was no other location well suited for this trail within the property.

Mr. Kuhn asked Mr. Theurkauf if he had any comments. Mr. Theurkauf indicated Mr. Vaughan’s description of the location was accurate and pointed out that, in his letter to Mrs. Scipione, he offered the solution of fencing and large plantings to hide the area currently visible from the house. Mr. Snyder indicated the problem with adding fencing was it would segregate one part of Mrs. Scipione’s yard from another. Mrs. Ewald asked how much fencing would be needed, and Mr. Theurkauf indicated approximately 200-300 feet of fencing would be required.

John Randolph, Esq., legal counsel for Mrs. Scipione, outlined Mrs. Scipione’s concerns. First, the proposed trail would be just 350 feet from her house, causing a privacy issue, and secondly, she would assume potential liabilities if someone should get hurt on her property. He indicated she is not interested in entertaining the idea of having a trail running through her property. He pointed out that constructing fences would decrease her property value, and that after speaking to her homeowners insurance company, they indicated she would likely face increased rates. Her final concern is of safety, and stated she is not comfortable with strangers entering her property. Mr. Snyder also pointed out that there are four stream crossings which would give people access to her property off the proposed trail by walking along the streams. This would increase both safety concerns and potential liabilities.

Mr. Kuhn asked if there would be any desire on the part of Mrs. Scipione to donate that portion of her property to the Township as an easement, which he felt would then put the liability issue in the hands of the Township. Mr. Randolph disagreed, and said she would still be liable. Mr. Oeste indicated there are ways to overcome the liability issues. Mr. Randolph said that a good reputation is necessary in her line of work, and that even the threat of a lawsuit could jeopardize her reputation. Mr. Snyder asked if they could take a few minutes to talk. During this time, the following New and Old Business items were discussed.

New Business

Declaration of Covenants, Conditions and Restrictions for Brightside Farm Parcel 35-3-58

Mr. Oeste recommended removing the term ‘ex-parte’ from the Declaration. Mr. Kuhn moved to approve the Declaration subject to Mr. Oeste’s recommended amendment, and Mrs. Ewald seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Declaration of Covenants, Conditions and Restrictions for Parcel #35-3-59

Mr. Oeste recommended removing the term ‘ex-parte’ from the Declaration. Mr. Kuhn moved to approve the Declaration subject to Mr. Oeste’s recommended amendment, and Mrs. Ewald seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Letter to PennDOT - Traffic Study Request for Bodine & Foster Roads

Mr. Rodgers moved to direct the Secretary to send a letter to PennDOT to request a 3 way stop sign study for the intersection of Bodine and Foster Roads, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Credit Card Resolution and Application for Visa

Mr. Kuhn moved to approve Resolution #606-03, and Mr. Rodgers seconded. Mrs. Csete will complete the credit limit information on the application in accordance with the Resolution. She recommended the assigned names on account be reviewed and reassigned annually. Mr. Kuhn agreed and said he would like to see both the names and account number changed annually. Mr. Hogan called for additional discussion, and there being none, called the vote. All were in favor.

Old Business (cont’d.)

Earned Income Tax

Mr. Kuhn moved to approve the letter to residents regarding a proposed Earned Income Tax, and Mr. Rodgers seconded. Mr. Hogan called for discussion. Mrs. Ewald added that she would like the letter to go out with her dissent. Mr. Hogan asked for her reasons, and she stated she does not agree with the presentation and tone of the letter. She felt it was telling the residents the tax would be imposed, rather than asking them for their opinions on the subject.

Mrs. Ewald indicated she is fine with sending out a letter of dissent. The Board was not in agreement with this, as they do not want to confuse the public with a letter in favor of the tax, coupled with a letter against the tax.

Highlands at Charlestown (cont’d.)

The representatives for the Scipione subdivision returned at 10:27 P.M. Mr. Randolph explained that Mrs. Scipione is not willing to make the dedication of a portion of her land to the Township. Mr. Willig said he believes the privacy issue is very valid, but not the liability issue.

Mr. Kuhn asked if there’s a possibility to have the trail along the road in the road right of way. Mr. Theurkauf responded it would be possible, but not conducive to equestrian use. He said there are places with limited sight distance, where the trail would turn off the property and come out onto Pikeland Road.

Mr. Snyder asked that, since they have done what was asked of them, that the trail condition be removed. Mr. Kuhn said he begrudgingly agreed. Mr. Oeste said the Board will need to decide how to proceed with the trail. Mr. Willig asked if anyone had any other solutions, and Mrs. Ewald suggested the trail go through Mr. Vaughan’s property. Mr. Vaughan did not believe it was a good site for a trail, and Mr. Theurkauf agreed. Mrs. Ewald asked Mr. Theurkauf to call some people who ride horses to ask them for input.

Mr. Kuhn asked if Mr. Vaughan was open to going along lot #9, and he said he was. Mr. Kuhn said it was then up to the Township to follow up on that possibility. Mr. Snyder said they are willing to put a 10-foot easement there, and Mr. Vaughan said he would be happy to talk to the affected homeowner. Mr. Hogan expressed his appreciation.

Mr. Snyder requested the resolution be modified to change the location of the trail to the northern boundary of lot #9. Mr. Kuhn moved to do so, and Mr. Willig seconded. Mr. Hogan called the vote and all were in favor.

New Business (cont’d.)

Mission Statement - Brightside Farm

After Mr. Jacob Merriwether spoke on the highlights of the Brightside Farm Committee’s proposed Mission Statement, Mr. Willig said he sees it in two parts: a recommendation for generic, clean-up/maintenance work, and long-term use requirements.

Mr. Merriwether said the Committee picked up where the Visioning Committee left off, planning the site to have a multi-use concept. He said they did not address the concept of keeping it as a working farm with trails and a picnic grove, but said that is also a possibility. Mr. Willig said he would like to see it remain quiet as a farm, but would like public opinion on the matter.

After some discussion, Mr. Merriwether said he was looking for the Board to approve expenses related to improvements outlined in the Mission Statement. Ms. Alix Coleman added they are not looking to spend a lot of money on major changes, but simply to spend enough to make the buildings safe and usable. Mr. Willig agreed this should be done. Mr. Kuhn suggested meeting with Tim O’Neill, Esq., since he knows what can and can’t be done on the land in accordance with the Bond Issue. He added that this is the most focused plan he has seen since the purchase of the farm.

Mr. Merriwether asked how the Committee should proceed. He said there was to be a flow test the following week to see if the well is viable. If so, they may be able to have a community garden. Mr. Willig suggested they make a list of projects they want to do. The Board agreed with approving expenses for making the bank barn safe and usable.

To summarize, Mr. Merriwether said they would proceed with the structural renovations, a community garden, and discussions around the possibility of a picnic grove with a few picnic tables. Mr. Kuhn said he is in agreement with all items, except for the picnic grove. He has issues with making permanent enhancements to the picnic grove area, which he sees as a security issue since it is hidden from the road. Mr. Hogan asked that Mr. Merriwether get a quote for digging a well in order to hand-pump water for use at the grove. Ms. Coleman said they would first look into having a community garden, and secondly work on the structural renovations. Mrs. Ewald reiterated that the Committee has done an excellent job.

Mr. Kuhn moved to put the Brightside Farm in the Agricultural Security District, and Mrs. Ewald seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.

Old Business (cont’d.)

Earned Income Tax

Discussions on this topic resumed. Mr. Willig asked if there was a disagreement among Board members in levying this tax, and Mrs. Ewald said yes. When Mr. Kuhn asked what the reasoning was for Mrs. Ewald’s disagreement, she indicated she did not want to pay the tax. Mr. Hogan asked Mrs. Ewald if she was against the Earned Income Tax, and she responded she did not know. After much discussion, Mr. Hogan called the vote. Four were in favor and one was opposed.

Adjournment

Mr. Rodgers moved to adjourn the meeting, and Mr. Willig seconded. The meeting was adjourned at 11:58 P.M. The next meeting will be held on May 5, 2003, 7:30 P.M. at the Great Valley Middle School, Room 154.

Respectfully submitted,


Melanie M. Lammers
Recording Secretary