Charlestown Township
Board of Supervisors Business Meeting
Minutes of September 12, 2005

The first business meeting for September was held September 12, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman (present for executive session only), Paul Hogan, Charlie Philips, Hugh Willig, James E. McErlane, Esq., Surender Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.

The meeting was called to order at 7:40 P.M.

Announcements

Mr. Kuhn announced that an executive session took place prior to the meeting to discuss legal and personnel matters.

Mr. Kuhn announced that closing took place on September 8th to purchase the Stonorov easement for $3.1 million.

Citizen’s Forum/Non-Agenda Items

No matters were brought forward at this time.

Approvals

Minutes of August 1, 2005

Mr. Willig moved to approve the August 1, 2005 minutes and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none called the vote. All were in favor.

Treasurer’s Report – August 1 - 31, 2005

Mr. Philips moved to approve the August 1 - 31, 2005 Treasurer's report, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – September 1, 2005 Operating Fund - Payroll

Mr. Willig moved to approve the Sept. 1, 2005 Operating Fund Accounts Payable report for payroll, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – September 12, 2005 - Operating Fund

Mr. Willig moved to approve the September 12, 2005 Operating Fund Accounts Payable report, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – August 30, 2005 and September 12, 2005 - Open Space Fund

Mr. Willig moved to approve the August 30, 2005 and September 12, 2005 Open Space Fund Accounts Payable reports, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

Mr. Philips moved to accept the monthly reports as submitted, and Mr. Willig seconded. Mr. Kuhn called for discussion.

Mr. Allen invited the Board to the September 27th Planning Commission meeting, where Nanci Sarcinello of Thomas Comitta Associates will demonstrate the GIS-based build out analysis that was produced using the County’s data base and input from Planning Commission member June Gorman, Linda Csete, and Nanci Sarcinello. It allows the viewer to look at any property and determine how many houses could be placed on it after taking into consideration various constraints that are netted out of the equation. He noted that there is still some room for interpretation; it is not an exact computation. Various layers of constraints can be added or removed, and updating the final product can be an ongoing and relatively simple process. The tool should prove very useful to the Open Space Commission, Planning Commission and other committees. The demonstration will use the Thompson holdings as its subject.

Mr. Kuhn called the vote. All were in favor.

Old Business

UCC Board of Appeals – Recommendations on Appointments

Mr. Willig requested that this item be tabled.

New Business

Overview – Zoning Hearing Board Application for Pulte Homes, Deerfield Subdivision

Andrew Cappelli, Production Manager for Pulte Homes, and Jay Newboldt of Pulte Homes were present to provide an overview of their zoning hearing board application, which seeks a variance from the 6 foot maximum fence height in order to install an 8 foot fence on their property along the Pennsylvania Turnpike to serve as a visual and safety buffer. Mr. Cappelli said it would not provide much sound buffering, perhaps a lowering of 5 decibels, which is insignificant. He displayed a sketch of the Deerfield site showing the location of the proposed fencing, which meanders through the woods and some areas of open land. It would be about 2,700 feet long.

Mr. Cappelli described the proposed fencing as solid fencing constructed of pressure treated lumber in a “dog-eared” style. He indicated two small parcels owned by the Turnpike Commission, and one by an unknown owner, that cut into the proposed fence configuration. He said they’d like to get permission from the Turnpike Commission to place the fence in front of their 2 parcels to create a smoother line, but there is no way to contact the other parcel owner as the title search trail ends in the 1700’s. Mr. Kohli is concerned that children could go around the fence in the area of these parcels unless they were boxed in by the fence.

Mr. Kohli asked if they would be crossing the pipeline area toward the western side of the site, and Mr. Cappelli answered no, they would have to stop before they reached this area.

Mr. Willig asked who will maintain the fencing, and Mr. Cappelli responded that the Homeowners Association will be responsible. The HOA document will have to be amended to reflect this change. Mr. Alston said he thought the fence was a great idea for safety reasons, and asked if both sides of the fence will be maintained. Mr. Cappelli responded yes.

Mr. Philips asked why they needed the higher 8 foot fence. Mr. Cappelli responded that it will better shield the view of turnpike vehicles from the homes. Mr. Willig asked for the elevation difference, and Mr. Cappelli said the turnpike is higher in some spots; other areas have varying contours.

Russell Hanscom asked if the fence would be located between the turnpike and the trees. Mr. Cappelli said that the exact path isn’t laid out yet, but they will prefer to do this when possible. Mr. Kohli said they have to keep the fence out of the turnpike’s right of way.

Mr. Kuhn asked if Pulte Homes would work with the township to coordinate trails in the area since the Brightside Farm is across from the site and some cooperation would be welcome. Mr. Cappelli said Pulte wants to be a good neighbor and suggested this be discussed with Bill Dion.

Concluding the discussion, the Board determined it would take no position toward the zoning hearing board application provided that there be no clearing of trees, the fence be installed by hand operated auger, and that if the fence is defaced, it will be cleaned up promptly by the homeowners’ association.

Request for Public Water, Simon Barnes, 305 Buckwalter Road

Mr. Kuhn referenced a letter received on September 9th at the township office by Simon Barnes, who requested permission for Aqua Pennsylvania to connect to the public water system in order to provide a back up source of water for his property at 305 Buckwalter Road. The letter stated that the 200 year old spring house has failed numerous times in the past 2 years, and this is particularly an issue because he has some livestock on the property.

Mr. Philips moved to deny the request to extend the Aqua PA public water franchise into the Farm Residential Zoning District, which, according to the Zoning Ordinance is to be served by on-site water and sewer. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Desfor Farms-Equestrian Riding Facility

Mr. Kuhn recused himself from this matter. Mr. McErlane provided a draft decision for the Desfor Farms Conditional Use application for an educational equestrian operation on Merlin Road. Referencing the hearing on July 18, 2005, he stated that the agreed upon issue is the educational use of the property, not the physical location of the building, which will be subject to the Subdivision & Land Development Ordinance and Zoning Ordinance at the time of land development application review. He cited the Burgoon v. Charlestown Twp. Decision that determined a for-profit equestrian center constitutes an educational use. He stated the Board has seven days in which to hand down a written decision, which will include conditions relating to the record as defined during the hearings in June and July of this year.

Mr. Willig moved to grant the conditional use for the educational use proposed by Michael & Carolyn Desfor while reserving the right to define conditions in the written decision that will be handed down at the September 19th meeting. Mr. Philips seconded. Mr. Kuhn called the vote. Three were in favor; Mr. Kuhn did not vote.

Great Valley Pet Hotel

Mr. Kuhn recused himself from this matter. Mr. McErlane provided a draft decision for the Great Valley Pet Hotel Conditional Use application for a commercial kennel with some construction in areas of steep slope on Phoenixville Pike. He stated that the applicant has met the standards of conditional use for construction in steep slopes, and noted that the single access driveway shared by this applicant and adjacent Bradco Corp. was predetermined by a prior Board’s action. Two of the conditions of the draft decision were the requirement for a sprinkler system and the proviso that the apartment be used for an employee of the kennel operation only. Mr. Philips moved to approve the Draft Decision and Mr. Willig seconded. Mr. Kuhn called for discussion. Mr. Allen asked if there were any conditions relating to noise control. Mr. McErlane responded that condition #1 indicates that “all of the Applicants’ requested uses and proposed improvements are subject to compliance with all terms and provisions of the Zoning Ordinance…” which covers the issue of noise. Mr. Kuhn called the vote. Three were in favor; Mr. Kuhn did not vote.

Bid Award – Parging Exterior of the Charlestown Woolen Mill

The bid results were as follows:

Schneider Restorations Inc. $58,600.00
Watts Restoration Inc. $89,440.00
Mangan Masonry Restoration Inc. $18,890.00
Steinbauten Inc. $21,130.00

Mr. Kuhn read aloud Dale Frens’ email dated September 8, 2005 qualifying the lowest bidder for both this project and the Longwood School project and recommending those two firms be awarded the contracts.

Mr. Philips moved to award the Woolen Mill contract in the amount of $18,890.00 to the responsible low bidder, Mangan Masonry Restoration Inc., and Mr. Willig seconded. Mr. Kuhn called for discussion. Mr. Hogan stated that he is opposed to any parging of the stone. Ms. Coleman asked who determines which stones are parged. Mr. Kuhn said this will be determined by Mr. Frens and the mason, with the intention of mimicking the parging at the Blacksmith Shop. Mr. Kohli noted there is a sample of the proposed parging at the site. Mr. Kuhn called the vote. Four were in favor, and Mr. Hogan was opposed.

Bid Award – Longwood School

The bid results were as follows:

Schneider Restorations Inc. $48,700.00, unit price #1 = $100.00/sq. ft.
Mangan Masonry Restoration Inc. $21,540.00, unit price #1: $24.00/sq. ft.
Steinbauten Inc. $10,780.00, no unit price provided.

Mr. Willig moved to award the Longwood School contract in the amount of $10,780.00 to the responsible low bidder, Steinbauten Inc., and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Brightside Farmhouse

Mr. Kuhn reported that Mr. Hogan and Brightside Farm Committee Chairman Alix Coleman inspected the farm house on September 2, 2005, following the departure of the lessors following the conclusion of their lease. Some items to be addressed are:

  1. Repair needed for the back door off the porch;
  2. Replacement of the ceiling light in the master bedroom due to faulty wiring;
  3. Installing a door leading to the third floor stairs to save energy;
  4. Repair/Upgrade of the bathroom facility

Mr. Alston will follow up on these items, and the Secretary was asked to contact the oil supply company to arrange for fuel delivery, oil burner maintenance, and to ask whether the third floor pipes can be drained in order to shut off heat to that area and save energy over the winter months.

Two alternatives for seeking a new tenant were discussed: providing transitional or temporary housing to a Hurricane Katrina evacuee, and seeking a tenant through advertisement in the newspaper.

Mr. Hogan said he will call the City of Philadelphia agency in charge of placement of evacuees to ask if a rural-based family can be found who would like to stay at the farmhouse. He will gather information and report back to the Board at the September 19th meeting. Ms. Coleman offered to contact the County to see what agencies are available to assist with social work, career counseling, and exit strategy. If this alternative isn’t feasible, the Secretary was asked to place an ad in the local papers seeking a tenant. A realtor will be consulted to confirm whether the proposed monthly rent of $1,000.00 is a reasonable figure. Ms. Coleman recommended that the tenants have some caretaker responsibilities outlined in the lease, as they will be representing the Township when they meet people on the open space surrounding the farmhouse. Mr. Kuhn asked if she would draw up a short list of requirements for the caretaker role. The matter will be discussed further at the September 19th meeting.

Investment of Bond Proceeds

The Treasurer referenced a memo distributed earlier to the Supervisors which outlined investment options for the approximately $9,000,000 in bond proceeds received by the township on September 9, 2005. They were wired to a PLGIT account until a decision could be made on how to realize the highest yield on the funds before they are expended on future open space purchases. The Treasurer’s recommendation was to invest the funds through bond counsel Mike Wolf at Boenning Scattergood, who can place them in laddered Treasury Bills and equivalents. Mr. Kuhn moved to authorize the Treasurer to place the funds with Boenning-Scattergood to be invested in treasury obligations, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Proposed Official Map Amendments

The Board reviewed a draft map dated 9/12/05 produced by Thomas Comitta Associates following recommendations of the Open Space Commission for additional properties to be added for open space reservation. Mr. Kuhn asked what the time frame is to hold a hearing to consider the ordinance amending the Official Map. The Secretary responded that the County Planning Commission and abutting townships must be given 45 days for review of the proposed map before the hearing can be held, which brings us near November 1st.

Mr. Philips moved to authorize advertisement of the ordinance hearing for November 7, 2005, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Schedule Conditional Use Hearing for the Apostolic Christian Church

The conditional use hearing for the Apostolic Christian Church was scheduled for Monday, October 3, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.

Schedule Bid Opening Date for Road Salt

The bid opening date for road salt bids was scheduled for Monday, October 3, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.

Schedule Budget Work Session

The 2006 budget work session was scheduled for Monday, October 3, 2005, 7:30 P.M. at the Great Valley Middle School, Room 154.

Other Business

Deerfield

Mr. Philips commented on the removal of the hedgerow at the Deerfield subdivision. Mr. Kohli responded that the plans showed this work and also required that it be replaced.

Charlestown Oaks Tot Lot

Mr. Kohli referenced a letter from the Charlestown Oaks Homeowners Association that requests a change to the approved plan for the tot lot so that different equipment could be installed and more buffering provided. The Supervisors indicated they have no objection as long as the equipment complies with ASTM Standard 1487 (American Society of Testing Materials.)

Road Work

Mr. Alston requested approval to move forward with resurfacing Yellow Springs Road and Buckwalter Road, and to provide a new inlet and cross pipe for Buckwalter Road. These projects were included in his Five Year Plan, although Yellow Springs Road was listed for 2004. Prices are not to exceed $95,000 for Buckwalter Road and $25,000 for Yellow Springs Road. Mr. Kuhn asked if this sum was budgeted. Mrs. Csete responded that it does exceed the budgeted amount, but the Board could choose to appropriate additional funds since the operating fund balance is much higher than expected due to high real estate transfer taxes received this year. Mr. Kuhn asked Mr. Alston to confirm the costs, and with that proviso the Board authorized him to proceed.

Trails

Mr. Hogan requested that Mr. Alston arrange for weed whacking of the Pickering Preserve and Charlestown Park trails.

Charlestown Meadows Lot #1

Mr. Kohli sought approval from the Board to allow a 2 foot encroachment into the open space at Charlestown Meadows to correct a design flaw by Toll Brothers when constructing the deck for the house on Lot #1, Sagebrook Drive. The deck was positioned so that the railing bisects the sliding door exiting onto it. He said this was a unique situation and is not expected to lead to additional similar requests. The Solicitor advised the Board that this encroachment is minor and such an exception can be made. The Board agreed to allow the change in order to correct the situation for the homeowners.

Adjournment

The meeting was adjourned at 9:17 P.M. The next meeting is scheduled for September 19, 2005, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Secretary