The first business meeting for August was held August 4, 2003, at the Great Valley Middle School, Room 154. Paul Hogan, Chairman, Hugh Willig, Vice Chairman, Irene W. Ewald, Mike Rodgers, Kevin R. Kuhn, Thomas Oeste, Esq., Surender Kohli, P.E., Tom Comitta, Ed Theurkauf, Jane Opie, 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 7:34 P.M.
Mr. Hogan announced an Executive Session was held prior to the meeting to discuss a potential franchise agreement with Comcast.
Mr. Hogan announced that he is finished with his chemotherapy, and it was successful. He said it will take approximately two months until he is back to full strength.
Mr. Bill Sauerteig said he has become annoyed with the trash on Charlestown Road. Mrs. Ewald said she was contacted by a Scout Master who is interested in having two Boy Scout troops work together to solve this problem. To date the rain has kept them from doing this project, and because that section of the road the boys are working on must be closed to traffic while they work, the work will not commence until sometime in September.
Mr. Hogan announced the Township has received a grant for the Brightside Farm in the amount of $450,000.
Mr. Kuhn moved to approve the July 21, 2003, minutes as written, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the July 31, 2003, minutes as written, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to approve the July 1-31, 2003, Treasurer’s report as presented, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to approve the August 4, 2003, Accounts Payable report as presented, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and Mrs. Ewald asked that it be noted she objects to check number 1958 to be paid to Allen G. Heist Consulting Services. When asked by Mr. Hogan what her objection is, she said she continues to disagree with spending taxpayer’s money for the purpose of regional consulting. Mr. Hogan called for discussion, and there being none, called the vote. Four were in favor, and Mrs. Ewald was opposed.
Mr. Kohli reported that a resident was using a building on his property as an antique shop and asked the resident to cease this activity until he has requested and received permission from the Board to continue.
The Planning Commission report is on file.
Mrs. Csete indicated the Historical Commission did not meet in July. Mr. Kuhn asked if anyone knew the status of the Mill restoration project, and Mrs. Mary Ellen Joos indicated the Commission was awaiting approvals and expected them by the next meeting, which is held on the third Tuesday of the month. Mrs. Ewald said the work should be completed before bad weather sets in.
Mr. Kuhn said there was nothing new to report.
The Roadmaster report is on file.
The Fire Marshal report is on file.
Mr. Hogan announced the work on the basketball court is nearly complete, and there is just some fine grading yet to be done. He said there is a mound of dirt on which the contractor will be putting straw to prevent erosion.
Mr. Hogan said Mr. Cabot was widening the Pickering Trail to eight feet. He said Marge Crawford is happy with the work, therefore, so is he. Mr. Willig questioned why the trail needed to be eight feet wide, as it causes damage to more foliage than need be. Mr. Hogan answered that the trail is widened to eight feet in order to minimize the number of times the clearing must be done. Mrs. Ewald questioned why trees were cleared from across the Pickering Preserve Trail, and Mr. Hogan responded that it was in order to make the trail more passable.
Mr. Hogan indicated it would have cost the Township $4,000 to repair the wall by the barn, but that Mark Cabot has done the work for less than $1,000. Mrs. Ewald agreed that Mr. Cabot has done a beautiful job.
Mr. Rodgers indicated that the Valley Forge Sewer Authority received a letter from East Pikeland Township regarding a sewer project in that Township between Rt. 724 & Rt. 23. Mr. Rodgers said he responded that the work will be done at the developer’s expense.
This hearing was court reported by Ms. Jane Opie. Mr. Oeste closed the hearing, and a decision is due within 45 days.
Mr. Oeste outlined the exhibits to this Zoning Ordinance Amendment hearing as follows:
|•||B-1||Letter dated May 9, 2003 from L. Csete to the Daily Local News requesting publication of notice.|
|•||B-2||Letter dated May 9, 2003 from L. Csete to the Chester County Law Library enclosing a copy of the proposed ordinance.|
|•||B-3||Copy of the text of the Public Notice.|
|•||B-4||Proof of Publication from the Daily Local News that the legal ad appeared on 5/19/03 and 5/26/03.|
|•||B-5||Memo dated June 3, 2003 from Thomas Comitta Associates|
|•||B-6||Letter dated March 27, 2003 from the Chester County Planning Commission.|
|•||B-7||Letter dated April 25, 2003 from the Chester County Planning Commission.|
|•||B-8||June 3, 2003 draft of the Ordinance|
|•||B-9||Highlighted version of all outstanding ordinance amendments prepared by Thomas Comitta Associates.|
|•||B-10||Copy of the text of the Public Notice for the Home Occupation Ordinance.|
|•||B-11||Letter dated July 18, 2003 from L. Csete to the Chester County Law Library enclosing a copy of the proposed ordinance.|
|•||B-12||Proof of Publication from the Daily Local News that the legal ad appeared on 7/28/03.|
|•||B-13||Letter dated May 14, 2003 from the Chester County Planning Commission|
|•||B-14||Amended text of the Home Occupation Ordinance.|
Mr. Comitta gave an overview of the ordinance amendment for historic resources protection. He explained that the Board of Supervisors could not previously act on this ordinance because of a recent state-mandated ‘no impact home-based business’ requirement. This required a redefinition of Home Occupations to accompany the Historic Resources Protection Ordinance, since home occupation is referenced in it. It was agreed that the hearing for both ordinances would be handled jointly.
Some residents questioned what was being discussed, so Mr. Comitta defined the proposed ordinance changes. He explained that the General Assembly of Pennsylvania requires that all townships must provide for a ‘no impact home-based business’ and that these changes are in order to comply with that requirement. Some residents were concerned that the Historic Resources Protection ordinance would allow businesses on residential roads, so Mr. Comitta explained that this ordinance would make approximately 1/3 of the historical sites eligible for this type of use, and he defined what types of low-impact businesses could reside there. Mr. Kuhn made it clear that all of these businesses would be allowed only through the Conditional Use process.
Mrs. Ewald suggested posting the ordinance drafts on the web site so residents will know what is being discussed. Mr. Kuhn’s concern was that these drafts are lengthy documents that change several times and could cause confusion among the residents. He said the best way residents can impact various topics is to attend the meetings. Mr. Rodgers added that many of these ordinance revisions begin with the Planning Commission and suggested residents also attend the Planning Commission meetings.
Mr. Oeste asked if there were any other questions regarding the ordinance amendments, and Mrs. Ewald responded, “They’re terrible!” Mr. Oeste closed the hearing.
Mr. Kuhn moved to table the vote on the amendments to a future meeting, and Mr. Hogan seconded. Mr. Hogan called for discussion, and Mrs. Ewald asked why the hearing was not being taken by the Court Reporter. Mr. Oeste replied that a Court Reporter is not required for Ordinances. Mr. Hogan called the vote. Four were in favor and Mrs. Ewald did not vote.
Mr. Comitta passed out a few handouts regarding other ordinance amendments, stating that he believes all changes will be able to be approved, as they are mostly house-keeping items. He said, over the next month, it would be a good idea to decide if these are ready to schedule for a certain hearing date. He said the County requires time to provide their review, therefore, October is the earliest a hearing can take place.
At 9:45 P.M., Mr. Hogan called for a five-minute recess. Mrs. Ewald left the meeting at the break. Upon return, Mr. Kuhn moved to continue the ordinance amendment hearings to October 20, 2003, and Mr. Rodgers seconded. Mr. Hogan called the vote, and all (4) were in favor.
Mr. Kuhn indicated that a portion of 401 is to be closed for two months to allow the sewer installation work for Charlestown Meadows. At the request of Mr. Alston, he recommended nothing be done with regard to traffic control devices on Union Hill Road until that work has been completed, as it will affect traffic patterns. He added that a PennDOT traffic study must be done, and to be accurate, it should not be done before October when school is in full session. It was decided the traffic study should be conducted in October.
Dr. Stewart said closing the road during certain hours affects the local residents, and that his neighbors are adamant about not having the road closed. He added that the problem is with controlling the speed, and that closing the road will not help to correct the speed issue.
Mr. Kuhn said he will look for suggestions from PennDOT based on the results of their traffic study, and moved to table this issue until this study is complete. Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
After an overview of the amendment, Mr. Rodgers moved to approve Ordinance #107-03 to add “Limited Auto Repair Shop” to Conditional Uses permitted in the LI-1 District, and Mr. Hogan seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Oeste read the six conditions of compliance of the Decision and Order. Mr. Rodgers moved to approve the Decision, and Mr. Kuhn seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
This item was removed from the agenda at the request of the Kalogris’ attorney, Ms. Susan Boswell, and will appear on the September 15, 2003, agenda.
Mr. Chuck Dobson indicated he met with the Township Engineer and Township Planner with regard to the Deerfield Final Plan. He said the meeting was very productive, making previously ‘gray’ issues, black and white. He said he resubmitted a plan and received comments back from Mr. Kohli and Mr. Comitta.
During the review of the outstanding items noted on Mr. Kohli’s letter dated July 24, 2003, there was some confusion over condition #17 in which septic systems were required to be within lot lines. At 10:26 P.M., after some discussion, Mr. Hogan called for an Executive Session. The meeting was reconvened at 10:45 P.M. At that time, the custodial staff indicated the building would soon need to be locked down, therefore the rest of this discussion was tabled to the August 18, 2003, meeting.
Mr. Oeste indicated he is in agreement with the draft changes to the Spring Lane Stipulation and would provide an executive summary to the Board prior to the next meeting. This item was tabled to the August 18, 2003, meeting.
Somerset Lane - Deed of Dedication
Mr. Kuhn moved to approve Resolution #611-03 accepting the Deed of Dedication for Somerset Lane, and Mr. Rodgers seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Kohli and Mr. Comitta indicated that, before leaving the meeting, Mrs. Ewald asked that they bring up the issue of the Valley Forge Christian College road alignment. Mr. Kuhn moved to have no further action or discussion on this topic until a written proposal is supplied to the Township by the Valley Forge Christian College, and Mr. Hogan seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to appoint Ms. Ginny Durkan as alternate to the Zoning Hearing Board, and Mr. Hogan seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to authorize Glenn Diehl, Esq., to negotiate the Comcast Franchise Agreement, and Mr. Hogan seconded. Mr. Hogan called for discussion, and there being none, called the vote. All were in favor.
Mr. Hogan moved to adjourn the meeting, and Mr. Rodgers seconded. The meeting was adjourned at 11:00 P.M. The next meeting will be held on August 18, 2003, 7:30 P.M. at the Great Valley Middle School, Room 154.