Charlestown Township
Board of Supervisors Business Meeting
Minutes of May 22, 2007

The second business meeting for May was held May 22, 2007 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Paul Hogan, Charlie Philips, Michael Rodgers, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.

Mr. Kuhn called the meeting to order at 7:10 P.M.

Announcements

Mr. Kuhn announced that an executive session was held prior to tonightís meeting to discuss legal matters with the solicitor.

Citizenís Forum/Non-Agenda Items

No matters were brought forward at this time.

Approvals

Minutes of May 7, 2007 Business Meeting

Mr. Philips moved to approve the minutes of the May 7, 2007 meeting, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

Robal Associates Planned Residential Development (PRD) and Conditional Use Decision

Mr. Thompson briefly described the standards to be met for approval in order for the Board to consider the Robal matter, and stated that the Board has until June 2, 2007 to issue the formal written decision for both the Planned Residential Development (PRD) Application and Conditional Use Application.

Mr. Kuhn said the open space requirements werenít met, nor was the placement of roads within setback areas.

Mr. Thompson said other open space problems included grading within the open space, grading for roads within the open space, and the width of the open space that doesnít all meet the 150 foot wide minimum. Mr. Kuhn added there was no plan submitted for tree replacement.

Mr. Philips said that roads are considered structures, and structures arenít permitted within the 100 foot perimeter setback from the property line except as unavoidable to cross the area. Both Road A and Road C violate this requirement. He was also concerned with the proposed active recreation, consisting of a sledding hill and Frisbee golf course. The sledding hill is limited to use on days there is snow, and one of the slopes ends at the backs of proposed houses. The Frisbee golf course is near the walking path, which is an unsafe condition. Further, the Frisbee golf course is a specialized use and doesnít meet the needs of the entire community in the way ballfields and playing fields do.

Mr. Rodgers moved to deny the Planned Residential Development (PRD) Application for Robal Associates, and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Willig said the plan would need to be substantially modified to comply with the ordinance, and the corrective measures needed to make the plan work are indeterminable from what has been submitted. Mr. Kuhn called the vote and all were in favor.

Mr. Kuhn moved to deny the Conditional Use Application for Robal Associates, which canít be granted due to the non-compliance of the accompanying PRD plan. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being nothing further, called the vote. All were in favor.

Mr. Thompson said the written decision would go out by the June 2, 2007 deadline.

Authorize Advertising for Road Labor and Equipment Bids

Mr. Kuhn moved to advertise the Road Equipment with Labor bids to be opened on June 18, 2007 at 7:30 P.M. at the Great Valley Middle School, Room 154, and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Bid Award Ė Tree Work

The Secretary referenced the memorandum dated May 15, 2007 from Mr. Kohli providing a tally of the bids for the 2007-2008 tree contract, recommending that the contract be awarded to the only qualified bidder, C.M. Jones, Inc., or to re-bid the project. Mr. Willig said itís not clear if Lordís Services has all the equipment on the specifications list. Mr. Kuhn asked if an exception can be made for not bidding all equipment, and Mr. Kohli said only if there is a provision to that effect in the bid documents. Mr. Alston said C.M. Jones has always been 100% responsive when heís used them in the past. Mr. Rodgers was concerned that with the bid prices exposed, it would be difficult to re-bid at this point. Mr. Hogan said that Lordís Services appears to be more economical, although other board members said that couldnít be determined from the information provided. Mr. Philips moved to reject the bids and re-bid the tree work. Mr. Willig seconded. Mr. Kuhn called for discussion, and suggested that Mr. Kohli and Mr. Alston prepare and revise the equipment list for the bid package. Mr. Willig suggested Mr. Hogan also be involved, to which Mr. Hogan agreed. Mr. Kuhn called the vote, and all were in favor.

Recycling at the Devault Building

The Secretary indicated she spoke with a representative of the Devault Post Office, who explained that they are unable to implement a recycling program due to the strict requirements of the U.S. Postal Service for securing discarded mail that canít be met at this facility due to lack of space. This would leave only the Township Office in need of recycling services. She will contact Devault Foods to request that they provide the Devault Building with recycling services.

Woolen Mill Improvements Ė Budget Line Item

The Secretary referenced her correspondence to the Supervisors dated 5/9/07 indicating that an adjustment is needed to the budget line item for Woolen Mill improvements. The reason for this is that the 2007 improvements were initially budgeted for 2006. When the 2007 budget was prepared, it was anticipated this work would be completed in 2006. Therefore this yearís budget only included $10,000 for improvements.

In addition to the wood flooring and railing work completed earlier this year, Mr. Kuhn said that he attended a recent inspection at the Mill for the concrete flooring work presently underway. A change in scope to include concrete on the upper area will make the building more accessible to the handicapped, and Mr. Alston estimated it would add approximately $9,500 to the cost of the project. This would be the last project for 2007, as the Board agreed to postpone the return and re-placement of the temporarily removed machinery to 2008.

Mr. Kuhn moved to add $80,000 to line item #459.15 and reduce the Open Space bank account carryover by this amount. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

There was a brief discussion about fencing belonging to the Naylors that is encroaching on the Woolen Mill property. The surveyor worked off the wrong monument when preparing the survey, which the Township determined by arranging for its own survey. Mr. Kohli said the invoice for this survey hasnít been received yet.

Hucker Zoning Hearing Board Application

Mr. Thompson said a situation arose last week during the hearing for the Hucker Zoning Hearing Board application when the applicant presented revised plans that had not been previously submitted through the Township Office. The Secretary said that to prevent this from happening in the future, she added an item to the instruction sheet distributed to Zoning Hearing Board applicants to remind them they need to return to the Board of Supervisors after their initial meeting if their application is revised prior to attending the Zoning Hearing Board.

Quotation for JAMAR Technologies Ė traffic counting equipment

Mr. Alston said that traffic counting equipment is needed in order to get base data for Bodine Road before the Turnpike closes the bridge for repairs, and to use on other roads in the township as needed. He added that in addition to the JAMAR base price, heíd like to order two extra sets of tubes, for a total of approximately $3,500. Mr. Kuhn asked if PennDOT will accept the data produced from this equipment, and Mr. Alston said he will check. He said West Pikeland Township uses this equipment, but PennDOT does not.

Mr. Willig moved to approve the expenditure for traffic counting equipment as quoted by JAMAR Technologies up to $3,500.00, pending investigation into what certifications may be required of the operator and whether PennDOT accepts the data from the equipment. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Other Business

Robal Conflict of Interest Issue

Mr. Thompson said that Robal Associates brought forward a conflict of interest question and he and others at the Township solicitorís office reviewed it. They made a determination that there is no conflict of interest and provided a written opinion to the Board of Supervisors on the matter.

Recess

Mr. Philips moved to recess the meeting at 7:40 P.M. to allow the Planning Commission to begin its own meeting. The Board will reconvene following the Planning Commission meeting.

Reconvene

Mr. Kuhn reconvened the meeting at 9:30 P.M. Kevin Kuhn, Michael Rodgers, Paul Hogan, Mark Thompson P.E., Surender Kohli, P.E., Linda Csete, Secretary, were present.

Schedule Hearing

Mr. Rodgers moved to direct the Solicitor to advertise a public hearing for the Traditional Neighborhood Development (TND) Ordinance for Monday, June 18, 2007, 7:30 P.M. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Stevens Property

Mr. Kuhn reported for the Open Space Director, stating that the appraisals on the Stevensí Bodine Road property have been completed as a step in the Townshipís considering the purchase of a 13-acre conservation easement, which would save four houses from future construction. The easement appraisal came in at $186,000. Ms. Gerhard submitted a grant application for 50% of this cost to the DCNR, but there has been no word yet as to whether this grant will be awarded. Ms. Gerhard proposes making an offer to the Stevens of half this amount, or $93,000, with the understanding that if the matching grant is awarded, they will receive this other half of the appraised price.

Mr. Rodgers moved to authorize an offer of $93,000 to the Stevens for the purchase of the conservation easement with the understanding that the Township will pay them an additional $93,000 if the DCNR grant is awarded in the future. Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Jenkins Property

Mr. Allen asked for an update of the township-owned Jenkins property. The Secretary said she spoke to Mr. Diehl this afternoon and was told that the only outstanding item is DEP approval of the Planning Module, after which time the Township can approve the subdivision. Mr. Diehl will then complete the bid package so the Township can sell the four approved lots. The remaining 8 acres will be retained by the Township for a small park.

Adjournment

The meeting was adjourned at 9:35 P.M.

Respectfully submitted,


Linda M. Csete
Township Administrator
Sign-in sheet, 5/22/2007