Charlestown Township
Board of Supervisors Business Meeting
Minutes of August 2, 2004

The first business meeting for August was held August 2, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, 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 7:31 P.M.

Announcements

An Executive Session was held on July 12, 2004 to discuss legal matters.

Citizenís Forum/Non-Agenda Items

There were no Citizenís Forum/Non-Agenda items discussed.

Approval

Minutes of July 12, 2004

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

Minutes of July 19, 2004

Mr. Hogan moved to approve the July 19, 2004 minutes, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurerís Report July 1-31, 2004

Mr. Hogan moved to approve the July 1-31, 2004 Treasurerís Report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and Mr. Philips questioned check #1086 to Atwater. Mr. Alston explained the check was a reimbursement for generator inlets on the traffic control boxes that had already been received.

Mr. Philips questioned the road occupancy permits for Verizon. Mrs. Csete indicated the permits are for Verizon to install fiber optic cable. Mr. Kohli said a number of the requested permits are for private roads. He said many would need to be returned, as the Township should not be issuing permits for privately owned roads.

Mr. Philips asked why there are so many tax refunds. Mrs. Csete said the tax collector provided her with the list, and said the majority are probably due to all the refinancing people have done that may have resulted in double payments.

Mr. Philips asked for the reason for four PECO bills for the Brightside Farm. Mrs. Csete said there are two meters at the farm, and due to the timing of payment, two months worth of charges were paid at one time. Mr. Kuhn asked if there is a municipal discount given if all charges are lumped together, and Mrs. Csete did not think so.

Mr. Kuhn called the vote, and all were in favor.

Ratify Transfer of Funds from General Fund to Open Space Improvement Fund

Mr. Philips moved to approve the transfer of $20,000 earlier today from the General Fund to the Open Space Improvement Fund, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Reports July 14, 21, 28, August 2, August 4 Ė Open Space Improvement Fund

Mr. Willig moved to approve the above-mentioned Accounts Payable reports, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report August 2, 2004 - General Fund

Mr. Philips moved to approve the August 2, 2004 General Fund Accounts Payable report, and Mr. Willig seconded. Mr. Kuhn called for discussion. Mr. Kuhn questioned the Lamb McErlane invoice for the Historical Society, stating he thought this work was to be done gratis. Mrs. Csete said the Historical Society already reimbursed the Board. Mr. Kuhn called the vote, and all were in favor.

Reports

Mr. Kuhn asked if there were any comments on the submitted reports, and there were none. Mr. Willig moved to approve the reports, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Old Business

There were no Old Business items discussed.

New Business

George & Jody Powers Ė Overview of Zoning Hearing Board Application

Mr. Kohli explained the Powers previously had approval to install two sections of 8-foot high fencing along with trees along their property line. Due to difficulty in planting the trees where they had originally intended, they instead put up a continuous fence which, at that height is a violation of the Zoning Ordinance. A neighbor lodged a complaint, so Mr. Kohli told them they needed to go before the Zoning Hearing Board to request a variance. The hearing is scheduled for August 5, 2004. this Thursday. They have come before the Board in hopes of obtaining a positive recommendation. Mr. Kohli said he has no objection to the shadow box fence. Mr. Kuhn said he drove by the property and also has no objection to the fence. The rest of the Board agreed. Mr. Kohli explained the Zoning Hearing process and said he will pass the Board's comments on to the Zoning Hearing Board.

On another subject, Mr. Mark Connolly said there is a new, 6-foot, chain-link fence being constructed on Charlestown Road. He wondered if it requires a variance. Mr. Kohli said it does not as long as it is 6 feet or less in height and not within the right-of-way.

Subdivision & Land Development Agreement - NVS Custom Homes for Highlands at Charlestown (Scipione)

Mrs. Csete said plans are ready for signature, Homeowners documents have been received, and she has received a check for the Recreational Fee in Lieu in the amount of $22,500.00.

Mr. Hogan moved to approve the Subdivision and Land Development Agreement, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Subdivision Agreement (Tri-Party) Ė NVS Custom Homes for Highlands at Charlestown (Scipione)

Mrs. Csete said everything is in order. Mr. Philips moved to approve the Subdivision Tri-Party Agreement, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Addendum to Subdivision Escrow Agreement - NVS Custom Homes for Highlands at Charlestown (Scipione)

Mr. Hogan moved to approve the Addendum to Subdivision Escrow Agreement, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Resolution to Execute 5-year Snow & Ice Agreement with PennDOT

Mr. Alston requested this be tabled until he has a chance to review the road conditions further. Mr. Kuhn asked if there is a downside to getting out of this arrangement altogether, and Mr. Alston said he does not see too many downsides. Mr. Kuhn asked how long the Board has to make a decision on this, and Mr. Alston said the agreement indicates they have until September 15, 2004 to decline the agreement. Mr. Kuhn asked when the current contract expires, and Mrs. Csete responded November 15, 2004.

Mr. Philips moved to table this issue until the road conditions can be reviewed, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Resolution to Expend Liquid Fuel Funds - Township Line and Yellow Springs Road

Mr. Hogan moved to adopt Resolution #629-04 to Expend Liquid Fuel Funds, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Charlestown Oaks - Sal Lapio Escrow Release #11

Mr. Kuhn asked about recently reported water problems, and Mr. Kohli said it is an ongoing water run-off problem from a downhill cul-de-sac resident in East Whiteland Township. He said the problem must be worked out with Sal Lapio Inc. Mr. Kohli said everything was in order with the escrow release. Mr. Hogan moved to approve the Sal Lapio Escrow Release #11, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Other Business

Jenkins Property - Water Issue

Mr. Kuhn mentioned an ongoing problem at the Jenkins house. They have a fine clay coming through their well which is causing them to change water filters daily. He said Thomas Keyes, well specialist, has seen this problem on other properties on Valley Hill Road. One remedy that Keyes was attempting was to put in double holding tanks with one spilling into the other, but they both filled solid in one day. Mr. Kuhn guessed it is a 42 gallon tank. He said the tenants are patient, but frustrated. He said he talked to Keyes on Friday and they did not have an idea of what to try next.

Mr. Philips recommended looking into centrifugal filters, stating he previously had this same problem, but it was corrected by using this type of filter. He said he has not had a problem in three years since he had it installed. Mr. Willig and Mr. Alston will email Mr. Kuhn contact information for other contractors who may be able to help.

Water Extraction Ordinance

Mr. Philips said approximately two years ago the Planning Commission was investigating water extraction regulations to possibly incorporate into the zoning ordinance, and wondered where this stood. Mr. Motel said it was his recollection the Township did not have the ability to legislate this on a local level. Mr. Philips said he thought the Township could not stop it, but could designate areas within the Township where it could be done. Mr. Kuhn asked Mr. Donatelli to look into it.

Power Generation Ordinance

Mr. Philips asked if the Board should begin to think about an ordinance regarding power generation. Mr. Kuhn asked counsel to look into whether this is something the Board should be concerned with.

Brightside Farm Lease

Mr. Philips said the Brightside Farm Committee did not come back to the Board with a finalized farm lease, which includes the $1,000 maximum on oil. There was also some discussion regarding what should be done when the tenants are away on vacation. It was decided they should have someone available to walk the land when they are away, as per their lease requirements.

There was some confusion as to whether Ms. Coleman and Mr. Merriwether were co-chairing the Committee. Mr. Hogan said Ms. Coleman is the sole Chairperson of the Committee.

Mr. Hogan indicated the tenants have damaged some borrowed tools, including a ladder that belonged to Ms. Coleman. Mr. Hogan moved to bill the tenants $375.00 for the cost of the ladder. Mr. Kuhn said he would like to get more information from the Farm Committee first. Mr. Philips agreed that if the tenants are damaging items, they should pay for them.

Mr. Willig said the Board should require a recommendation back from the Farm Committee on the lease. Mr. Kuhn said he would draft an email to Ms. Coleman asking for it, and would circulate it to the Board members first. Mr. Willig said Mr. Merriwether should also be told that all communications should go through Ms. Coleman.

Robal

Mr. Connolly initiated a short discussion regarding the Robal Associates PRD application, for which the hearing continues on August 16, 2004.

Adjournment

Mr. Philips moved to adjourn the meeting, and Mr. Willig seconded. Mr. Kuhn called the vote, and all were in favor. The meeting was adjourned at 8:21 P.M. The next meeting will be held August 16, 2004, at 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Melanie Lammers
Recording Secretary