Charlestown Township
Board of Supervisors Business Meeting
Minutes of July 12, 2004

The first business meeting for July was held July 12, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, Surender Kohli, P.E., Guy A. Donatelli, Esq., 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 7:34 P.M.

Announcements

There were no announcements.

Citizen’s Forum/Non-Agenda Items

There were no Citizen’s Forum/Non-Agenda items discussed.

Presentations

Joe Clemens – Kise, Straw & Kolodner – Regional Comprehensive Plan

Mr. Joe Clemens of Kise, Straw & Kolodner provided a project plan for the Phoenixville Regional Area Comprehensive plan. He said the scope of work was developed by the regional planning committee in conjunction with Allen Heist Consulting, and that Kise, Straw & Kolodner was hired to have an outside view of the region. He said his firm is well known throughout the region. He said they have done some work here, but are not entrenched in any particular municipality. He stated their consultant team brings a lot of experience to this project.

Mr. Clemens handed out the Individual Municipal Meetings memo dated July 1, 2004, and then began discussing the issues of concern at the municipal level. He said the purpose of tonight’s meeting is to conduct a brainstorming session in order to gather input from the Board of Supervisors as to their concerns. Following are the issues/questions raised by the Board of Supervisors.

Transportation

The Planning Commission members present had nothing more to add on this topic.

Housing Issues

Open Space & Environment

Community Facilities/Recreation

Municipal Services & Financing

Historic Preservation

Intergovernmental Cooperation

In the interest of time, the Energy and Land Use category was not discussed, and Mr. Clemens moved on to discussing regional issues. The regional issues brought up by the Board members are as follows:

Mr. Clemens said he appreciated the feedback. He said the next step will be to go through the background analysis and reports and will make a master list of issues from which to generate a public survey. He said if anyone comes up with other ideas later, they should filter them through Mr. Kuhn or send them directly to him via email to jclemens@kskI.com. He said additional meetings to discuss the issues will be scheduled later, and when the public web site is uploaded in September, this information will be made available. Mr. Kuhn added that the regional planning meetings take place on the last Wednesday of the month at the Schuylkill municipal building at 7:30 P.M.

Steve Woodward – Scope of Work & Budget Presentation - Jenkins Subdivision

Mr. Woodward gave an overview of the proposed subdivision and indicated the site is generally wooded. He said the real issue is how to go about developing while preserving what is currently there. He said he recommends the development of five lots and a small park plus some passive recreation.

Mr. Woodward outlined the scope of work and budget per his July 12, 2004 letter. He said the next steps would be to get a survey completed, compile the survey data including any environmental constraints, and do some initial planning. He said he would then have an idea where the lots would be and how they would be accessed. After that, he said the soils and percolation testing would be done. He said this is the largest single component at a cost of $12,000 per lot. He said this is twice the normal cost due to the unknown of how much land will need to be cleared in order to get in there to do the testing. He said next would be the engineering, which he said is the simplest part. After that, drawings would be prepared depicting the stormwater management, etc. He pointed out that the boundary survey, due to the denseness of the vegetation, was expected to take three days, as opposed to one day. He said this is the approach and budgetary breakdown of the project and asked if anyone had any questions.

Mr. Kuhn said there was a resident that questioned whether the private lane, Shamrock Lane, provided access to the Jenkins property. Mr. Woodward said this question must be clarified.

Mr. Kuhn said he believes less is better as far as the number of homes. He believes they would get ¾ of the money back out of it and, at the same time, would be doing a good thing. He asked where the rest of the Board stands on the issue. Mr. Rodgers said he would like to see three houses total, not four. Mr. Willig said he would like to see how the access looks before making a decision. He asked if the Township is under any restraints to bid this project, and Mrs. Csete said they were not, because it falls under Professional Consulting. Mr. Donatelli concurred. Mr. Philips said he would like to see less lots. Mr. Kuhn would not like to see 8,000 square foot homes, but is more interested in screening them from the road than in controlling their size.

Mr. Philips asked the Board how they should involve the Planning Commission in the process. Mr. Kuhn said it will go to them for a standard review. Mr. Woodward said the Board should keep an open mind to the possibility of relaxing their own ordinances in order to get what they want.

Mr. Willig moved to approve the scope of work and budget for the Jenkins subdivision, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Approval

Minutes of June 21, 2004

Mr. Rodgers moved to approve the June 21, 2004 minutes as written, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report June 1-30, 2004

Mr. Rodgers moved to approve the June 1-30, 2004 Treasurer’s report, and Mr. Hogan seconded. Mr. Kuhn called for discussion. Mr. Philips questioned what trees were removed in the invoice from CM Jones and Mr. Alston provided the details. Mr. Kuhn called the vote, and all were in favor.

Accounts Payable Reports June 16, 23, 30, and July 7, 12, 2004 – Open Space Improvement Fund

Mr. Rodgers moved to approve the June 16, 23, 30, and July 7 and 12, 2004 Accounts Payable, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

June Payroll Report – July 2, 2004 – General Fund

Mr. Rodgers moved to approve the June Payroll Report, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – July 12, 2004 – General Fund

Mr. Philips questioned some expenditures related to the Community Garden, and said there is a need to understand what the Township is paying for with regards to the project. Mr. Merriwether said if the Board wants a budget in advance, it would take a full day of his time and it still would not be accurate. He said it is not worth it to him to put his labor into it to try to get a total in advance of making small purchases. Additionally, members of his committee have spent much of their own money for things needed for various projects. Mr. Philips said these types of things could be estimated. He said an alternative was to charge more for the Community Garden plots. Mr. Merriwether said to expect a few hundred dollars more worth of expenses to come through for adding a rabbit fence. He added that to get pre-approval for such expenses is ridiculous. Mr. Kuhn agreed these items were needed to maintain the garden, and said if Mr. Philips were to go through the receipts submitted, he would see a very thrifty mentality. Mr. Philips voiced his concern that these types of items are not covered in a budget line item, but Mrs. Csete indicated they are included under Brightside Farm Improvements.

Mr. Rodgers said his problem with the Community Garden is that it is being paid for with resident tax dollars. Mr. Kuhn said the Community Garden is a regional asset, and that certain assets are not necessarily going to be profitable. Mr. Merriwether said the garden was expanded this year due to demand and that no one was turned away. Mr. Willig said he believes this is the one thing that is working in the Township to bring people together.

Mr. Rodgers moved to approve the July 12, 2004 Accounts Payable report, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

Zoning Officer

Mr. Kohli said he is still looking into the zoning violation complaints at Charlestown Meadows. He said Toll Brothers said they would police it themselves. Mr. Alston was asked to issue citations if necessary. Mr. Kuhn asked if the Longwood School has been transferred yet. Mr. Donatelli said he would check on the status and notify Mrs. Csete via email. Mr. Kuhn asked Mr. Donatelli to obtain the status of Shamrock Lane along the Jenkins Property as well.

Planning Commission

The Planning Commission report is on file.

Historical Commission

The Historical Commission report is on file.

Open Space Commission

The Open Space Commission is planning a Fall Tour on September 26, 2004.

Roadmaster

The Roadmaster report is on file. Mr. Alston reported that #2 oil was spilled onto Yellow Springs Road causing slippery conditions. He said the area was sanded, but with the rain, it was impossible to see where the spill was.

Mr. Hogan said a dead deer has been outside of the cooperative farm on Charlestown Road. Mrs. Csete said the deer is on a State road and does not believe that PennDOT will come to remove it at this point.

Mr. Philips asked about mowing. Mr. Alston said mowing would be starting very quickly on Hollow and Charlestown Roads. Mr. Kuhn said Mr. Alston told him the State roads have been returned to PennDOT for mowing, since they are charged just $30 per mile to mow them. Mr. Willig asked if any mowing is going to be done on the other side of Yellow Springs Road, and Mr. Alston said it would be done along with Hollow, Valley Hill, and Church Roads. He added that Church Road is on the list to be paved this year.

Mr. Willig asked about the drainage on Bodine Road from last year. Mr. Alston said he is still working on it with Mr. Kohli.

Mr. Kuhn asked if he got anything together on the guide rail for Township Line Road. Mr. Alston said he is meeting with some people later this week to get a final resolution. He said PennDOT does not feel telephone poles should be used, as they become an obstruction rather than a guide that ‘gives.’

Mr. Philips thanked Mr. Alston for his preliminary 5-year plan. A resident asked Mr. Alston if anything is being done about the water run-off problem on Coldstream Lane. He said PennDOT is putting rip-rap in and then it will be up to the Township to further route the water into the ditch that is there.

Mr. Kuhn asked there is any resolution on the Mill regarding water run-off, and Mr. Alston responded there is not. He said PennDOT suggested improving the drainage around the foundation and routing it, behind the guide rail, to the stream.

Mr. Alston told Mr. Hogan the trees on Route 29 he was concerned with are outside of PennDOT’s right-of-way, and therefore, they will not do anything about them. Mr. Hogan said he was certain they are in the right-of-way, and Mr. Alston said he must have been looking at wrong trees. They will meet tomorrow at 4:00 P.M. to discuss.

Fire Marshal/EOC

The Fire Marshal/EOC report is on file.

Parks & Recreation Board

Mr. Hogan reported the new swing set seats are installed at the playground.

Brightside Farm Committee

The Brightside Farm Committee report is on file.

Valley Forge Sewer Authority

Mr. Rodgers announced that both sides reached an agreement last week, said the Union ratified it, and indicated the Board was supposed to ratify the contract that night.

Mr. Philips moved to approve the monthly report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Old Business

Brightside Farm Lease

Mr. Merriwether said the basis for their recommendations was that in December the rent was already raised 275% and the Township has done nothing since then to improve the property. The only improvements since then are those done by the Binghams themselves. He also said he does not think the amount of rent that can be charged across the street should be a measuring stick for this rent. He said the Binghams are not simply tenants, but caretakers. He added that, at no time, was the Committee tasked with making this house a competitive rental property. He said they were charged with finding someone who would work to improve it and live in it as is. He said those are the main reasons he believes the rent should stay the same.

Mr. Philips said his objection was in having the Township pay for six tanks of heating oil. He said he had asked for a compromise, and said he did not appreciate the fact that no compromise was attempted. Mr. Kuhn said he had asked the Committee to review their reasons again, and if they came to the same conclusions, to come back and convince the Board of why they want to keep the current agreement in place. He said he believes that is what they did.

Mr. Kuhn said one concern he has is in finding out what the oil usage was based on degree days and then cap it. He would like to see a financial cap on the oil. He said the Township needs to somehow qualify that the house is being maintained. He also said that revenues generated from the rent should be put back into the maintenance and upkeep of the house. He feels the Binghams may have gotten a good deal for a year or two, but that they also had to put up with a lot just to live there. After some discussion, Mr. Merriwether said he had no problem with instituting a cap on the oil and then having them pay for the oil starting with next year. He added that there appears to be no insulation under the floor and behind some walls. He said that, along with some window work, might help to reduce the amount of future oil consumption.

Mr. Kuhn encouraged using West Chester Insulation (contact: Tom Hobson), stating they are very competitively priced. Mr. Philips said the Committee should also begin looking at the process of getting the Township off out of paying for the oil for next year. Mrs. Csete suggested keeping the oil contract in the Township’s name and bill the Bingham’s for anything in excess of $1000.

New Business

Brightside Farm - Plumbing and Gutter Estimates

The Brightside Farm Committee provided an estimate of $1,075 to replace the water tank located in dairy. Mr. Kuhn asked for the size of the tank, and Mr. Merriwether said it is a 1000-gallon, steel tank. Mr. Rodgers suggested they look into getting a fiberglass tank, and Mr. Philips suggested they have the water tested for acid at some future point. Mr. Philips moved to approve the plumbing work, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Merriwether said the gutters need to be replaced. He said poor gutters caused a lot of water to enter the basement last winter. He said they would also like to build a berm down the left side of the house to help eliminate water in the basement. He said the gutters are 5.5” round, aluminum gutters with one section being 6.5”. He said he had trouble getting anyone to bid on it due to height and structural requirements.

Mr. Hanscom said he had difficulty getting others to bid on this project due to its difficulty, so the farm committee is agreeable to paying the deposit once the materials are delivered on-site, even though the Township doesn’t usually pay costs up front. Mr. Philips moved to approve the gutter work, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Old Business

Ratify Change Order #3 for Woolen Mill

Mr. Rodgers moved to approve the trusses, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Refrigerator Removal

Mr. Kuhn discussed an issue that came up with regard to a refrigerator disposal. Mr. Kuhn asked Mrs. Csete to notify the resident that he needs to pay half the invoice; otherwise, the Township will go after him for the entire cost of the removal. Additionally, Mr. Kuhn said he needs to have a sign permit for a sign he has posted on a stop sign. Mr. Alston said it was not legal to post any signs on stop signs.

Award Road Bids

Mr. Rodgers moved to approve road bids for both Glasgow, Inc. and Melchiorre Construction Company per the Kohli and Associates, Inc. letter dated June 22, 2004, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

Parks & Recreation Board Issues

  1. Lighting – Soccer Field

    Suzanne Riley, Chairman of the Parks & Rec Board, and Mark Connolly, member, explained the need for lighting on the soccer fields, and said she would like to know if the Board is interested in pursuing a dialogue with the soccer club in order to get better lighting there. She added that the soccer club has already upgraded the electric. Mr. Kuhn asked if goal is to have less off-site impact than currently, and Mr. Connolly said yes. Mr. Kuhn said there is a substantial amount of active recreation in that area, so it makes sense to do this, but must also be sensitive to the neighbors.

    There was some discussion regarding hours of operation. Mr. Kuhn said he was fine with a 10:00-11:00 P.M. stop-usage hour, but wants the ability to step in and change the hours if the light and sound spillage does not stay within the park. Mr. Willig said he believes 9:00 P.M. should be the cut-off on weeknights.

    Mr. Connolly said it is possible to extend the field, and the photometric design will contain this field extension. Mr. Kohli pointed out that a glow from the lights would always be visible. Mr. Kuhn asked if the lights could remain below the tree tops, and Ms. Riley said yes. Mr. Kohli mentioned that this would also be a zoning issue if the lights are over 35 ft high.

  2. Ms. Riley asked if the Board should send a letter to the college asking them to fix the lighting on “F” street. Mr. Kuhn asked Mrs. Csete to take care of doing this.
  3. Trail preservation – Ms. Riley said she would like the Board to consider adopting similar language as contained in East Pikeland Township’s Subdivision Ordinance, so trail issues are not handled on a case by case basis. Mr. Kuhn said he would like the Township solicitor to look at it. Mr. Philips said it should also go to the Planning Commission for review. Mr. Kuhn said he wants to know if there is a better way to define the existence of a trail. Mr. Philips suggested defining ‘existing trail.’ Mr. Kuhn asked Mrs. Csete to pass it along to the Planning Commission and Township solicitor for review.
  4. Nature Trail Maintenance – Ms. Riley asked Mr. Hogan to email her the information he mentioned, as she had not yet seen it.
  5. Playground maintenance – There was some discussion about mulching. Also, Ms. Riley said the Parks & Recreation Board would like to send out RFPs to get the entryway and pavilions matching up with the rest of the park. Mrs. Csete asked if electric is desirable, and Mr. Connolly said there needs to be a conceptual review of the master plan to try to determine what the needs/wants are.

Bond Interest Rate for Obligation Note Series 2000

The Bond Interest Rate, currently a variable rate, was determined to be acceptable as is.

August 18-21, 2004 – PA Local Government Secretaries Conference

Mr. Kuhn moved to approve Mrs. Csete’s attendance at the August 18-21, 2004 PA Local Government Secretaries Conference, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

PA Uniform Construction Code – Resolution to Set Administrative Fees

Mr. Kuhn, as well as other Board members, voiced their confusion over this subject. Mr. Kohli explained the purpose of the resolution. Mr. Kuhn asked if there is a timeline in the ordinance. Mr. Kohli said the Board must name an electrical underwriter at the time they apply for the building permit. Mr. Kuhn asked what will be registered with the Township, and Mr. Kohli indicated that all contractors in the following trades must be registered: HVAC, plumber, general contractor, safety, electrician. Mr. Philips moved to adopt Resolution #628-04 to set administrative fees per the PA Uniform Construction Code, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Authorize Advertising for Ordinance to Amend the Official Map

Mr. Kuhn said the Kling property and the Auchincloss properties should be added to the Official Map. Mr. Philips agreed. Mr. Rodgers asked about the Burgoon property, and Mr. Kuhn agreed it should be discussed. Mr. Allen said it would be looked at during the August Planning Commission meeting.

Mr. Rodgers moved to advertise the Official Map hearing for September 20, 2004, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. It was decided the Official Map would be sent to the County Planning Commission and the Township Planning Commission for review concurrently.

Authorize Advertising for Amendment to Zoning Ordinance Article XI – typographical error

Mr. Willig moved to advertise the Amendment to Zoning Ordinance Article XI, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Devault Foods – Schedule Conditional Use Hearing

Mr. Philips moved to schedule the Devault Foods Conditional Use Hearing for August 16, 2004, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Whitehorse Meadows Lane – Deed of Dedication

Mr. Kohli said he wrote a letter back in October 3, 2003 regarding the maintenance bond. Mr. Donatelli said spoke with Mr. Oeste and that Mr. Oeste was fine with it, but wanted to make sure the 18-month letter of credit was in place. Mr. Kuhn tabled the issue until such time as the requirements are met.

Ashwood Escrow Release #3

Mr. Kohli said everything is in order. Mr. Kuhn said the Township should have had them build a retaining wall. Mr. Kohli said once trees are planted, the area would not be visible. Mr. Philips moved to approve the Escrow Release #3 in the amount of $97,920.00 and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Charlestown Meadows Escrow Release #1

Mr. Philips moved to approve the Charlestown Meadows Escrow Release #1 in the amount of $715,050.38, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Emma Builders & Contractors Escrow Release #5

Mr. Philips moved to approve the Emma Builders & Contractors Escrow Release #5 in the amount of $94,156.67, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Other Business

Mr. Kuhn said he was informed that the official federal aviation map shows an Ultralight Airport on the Altemose property. Mr. Kuhn asked legal counsel if this is something the Township should be concerned about, and Mr. Donatelli said he would look into it.

There was a brief discussion regarding Sycamore Woods.

Adjournment

The meeting was adjourned at 11:32 P.M. The next meeting will be held July 20, 2004, at 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Melanie Lammers
Recording Secretary