Charlestown Township Board of Supervisors Business Meeting Minutes of December 7, 2009

The first business meeting for December was held December 7, 2009 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, Pa 19355, Room 154.

Present

Call to Order:

7:30 P.M.

Presentation –

Ray Ott

The Board of Supervisors presented long time resident Ray H. Ott with its Outstanding Citizen Award. Mr. Philips said that Ray Ott has been the longest serving public servant in Charlestown Township with over 50 years of public service. Beginning in the 1950’s, Ray was a member of the committee to create the Township’s first Planning Commission, on which he served as a member for 40 years. He also was instrumental in the development of the Township’s first Comprehensive Plan, which set the early road map and direction for the Township’s future growth. The plan set the stage for Charlestown to preserve the beauty and character its citizens enjoy today. The ordinances that were derived from this plan are still the foundation for how the Township manages development, open space preservation, and historical resource preservation.

Mr. Philips went on to say that Mr. Ott was also the first zoning officer for the Township and he was part of the first committee to put plans in place to preserve Charlestown’s historic resources. He is a charter member of the Charlestown Historical Society and is now completing 14 years as a member of the Historic Commission, which has helped set up the Township as a county leader in the preservation of historic resources.

Rosie Silva from Rep. Duane Milne’s office presented a handsome citation from the Pennsylvania House of Representatives paying tribute to Mr. Ott’s exemplary record of service and contributions to his community.

Past Planning Commission Chairman and current member Michael Churchill saluted Mr. Ott’s vision and great quality of citizenship.

Mr. Philips introduced Mr. Ott’s son, Ray H. Ott Jr. and his daughter-in-law, Judge Paula Francisco Ott. He congratulated Judge Ott for her recent election to the Pennsylvania Superior Court.

Announcements

Mr. Kuhn announced that last week the Township acquired an open space easement on the 21 acre Bernhard property.

Mr. Philips recognized outgoing Supervisor Paul Hogan, who has served on the Board for the past 10 years. The Board members thanked Mr. Hogan for his service.

Citizens’ Forum for Non-Agenda Items -

No matters were brought forward.

Approvals

Minutes of Business Meeting Nov. 2, 2009

Mr. Kuhn moved to approve the minutes of the business meeting held Nov. 2, 2009, and Mr. Hogan seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report Nov. 1- 30, 2009

Mr. Hogan moved to approve the November 2009 Treasurer’s Report and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund December 7, 2009

Mr. Kuhn moved to approve the December 7, 2009 Operating Fund Accounts Payable Report and Mr. Hogan seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Accounts Payable Report – Open Space Fund December 7, 2009

Mr. Hogan moved to approve the December 7, 2009 Open Space Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Accounts Payable Report – Operating Fund December 31, 2009

Mrs. Csete explained that the payroll for December 31, 2009 is typically prepared ahead of time with the checks held until the end of the year so the payroll for the year coincides with the budgeted figures. Mr. Rodgers moved to approve the December 31, 2009 Operating Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Reports

Mr. Hogan moved to accept the November monthly reports and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Hearings

Global Signal Acquisition II, LLC Conditional Use Application

Mr. Thompson opened the conditional use hearing for Global Signal Acquisition II, LLC requesting approval to co-locate a communications antenna on the top 10 feet on the existing monopole on the property located at 1 Devault Lane, Devault PA. The proceedings were recorded by Tom Corcoran, Court Reporter. The following items were entered into the record.

	T-1	Conditional Use Application
	T-2	Letter dated 11/23/09 from M. Thompson, Esq. to the Daily Local news requesting publication of hearing notice
	T-3	Public Notice
	T-4	Proof of Publication
	T-5	Affidavit dated 12/3/09 enclosing proof of property owner notification

Nick Talvacchia, Esq. solicited testimony from Todd Bettenhausen on the application.

Mr. Thompson asked if there were any questions from the public and there being no further questions, the hearing was closed.

Mr. Kuhn moved to approve the conditional use application for Global Signal Acquisition II, LLC and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor. A written decision will be issued within 45 days.

Mr. Thompson asked how the decision will affect the tri-party agreement with the County, and Mr. Bettenhausen said the new agreement will be between Global Signal and Chester County only.

Aquilante Conditional Use Application

Mr. Thompson opened the hearing for the Aquilante Conditional Use Application and the proceeds were recorded by Tom Corcoran, Court Reporter. Property manager Dan Aquilante and trainer Dominique Damico were present.

Mr. Thompson said the record had been left open to allow for the required property owner notifications to be sent by the applicant.

The following exhibits were entered into the record:

	T-5	Proof of property owner notification
	T-6	Site Plan

Mr. Thompson closed the hearing.

Mr. Kuhn moved to approve the conditional use application of Dan Aquilante, and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor. A written decision will be provided to the applicant within 45 days.

Liquor License – Former Pogey’s Restaurant

Mr. Thompson opened the hearing to consider the inter-municipal transfer of Pennsylvania liquor license #R-19586 from West Goshen Township to Charlestown Restaurant, Inc. The proceedings were recorded by Tom Corcoran, Court Reporter. The following items were entered into the record.

	T-1	Public Notice
	T-2	Proof of Publication in the Daily Local News

Testimony was heard from the following individual:

• Frank Boyle

Mr. Thompson asked if there were any questions from the public and there being none, the hearing was closed.

Mr. Kuhn moved to adopt Ordinance #157-2009 approving the application for liquor license transfer for Charlestown Restaurant, Inc. and Mr. Willig seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Spring Oak Conditional Use Application

Mr. Thompson opened the conditional use hearing for DL Charlestown LP and the proceedings were recorded by Tom Corcoran, Court Reporter. The following items were entered into the record.

	T-1	Conditional Use Application
	T-2	Public Notice
	T-3	Proof of Publication in the Daily Local News

Testimony was heard from the following individuals:

• Eric Schrock, Dewey Homes
• Jason Engelhart, Langan Engineering.
• Douglas Olsen, Barton Partners

The following exhibits were entered into the record on behalf of the Applicant:

	A-1	Packet containing:
	01.02	Aerial Site Plan dated 10/5/09
	G-1	Conditional Use Plan - Groundwater dated 11/10/09
	G-2	Revised Conditional Use Plan - Groundwater dated 12/4/09
	03.01	Slopes Delineation Plan dated 10/5/09
	S-1	Conditional Use Plan - Steep Slopes dated 11/5/09
	S-2	Revised Conditional Use Plan - Steep Slopes dated 11/10/09

A-2

Proof of property owner notification

Mr. Thompson asked if there were any questions from the public and the following person spoke:

• Kim Simmons

The hearing was then closed. Mr. Thompson stated that the Board has 45 days in which to issue a written decision.

Ordinance to Amend Zoning Ordinance Section 1614, Agricultural Use Regulations

Mr. Thompson opened the hearing to consider an ordinance amending Zoning Ordinance, Article XVI, and Section 1614 to amend the agricultural use regulations concerning the number of animals permitted on a lot. The proceedings were recorded by Tom Corcoran, Court Reporter. The following items were entered into the record.

	T-1	Act 247 Referral form to the Chester County Planning Commission
	T-2	Letter to the Daily Local News from Mark Thompson, Esq. requesting publication of the legal notice for the hearing and copy of the Public Notice
	T-3	Draft Ordinance
	T-4	Review letter dated 11/20/09 from the Chester County Planning Commission

Testimony was heard from the following individual:

• Planning Commission Chairman Andy Motel

Mr. Thompson asked if there were any questions from the public and the following individual came forward:

• Richard Hevner

The hearing was closed. Ben Thompson expressed concerns about standardizing the measurement of one horse per pasture acre when there are differences in the needs of quarter horses, thoroughbreds and ponies that make it hard to apply a requirement uniformly. He agreed with Mr. Hevner’s earlier comment on the record that adopting this ordinance could be a slippery slope leading to further restrictions on agricultural uses.

Ms. Coleman said the degradation of the soil is the main issue and that more pasture management education is needed. Mr. Motel said enforcement will remain a problem in some cases.

The Board did not vote on the proposed ordinance. They determined that a subcommittee consisting of no more than five property owners should be appointed to work with the Planning Commission to re-draft the ordinance in time for the Board’s March meeting.

Phoenixville Regional Planning Commission Consistency Review Report

Mr. Thompson opened the hearing to consider adoption of the final Consistency Review Report and the amendments to the Regional Comprehensive Plan. Mr. Willig provided an update of the plan, noting that the amendments were generally consistent with Charlestown’s ordinances and wouldn’t create any need to amend them.

Mr. Thompson asked if there were any questions from the public and there being none, the hearing was closed.

Mr. Kuhn moved to pass Resolution #723-2009 adopting the Amendments to the Phoenixville Regional Comprehensive Plan as set forth in the Consistency Review Report, and Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Old Business

Schedule Meeting with Keystate Publishers to review ordinance codification

The Secretary was directed to contact Ken Rotz of Keystate Publishers and set up a meeting to review the codification of the township ordinances within the next few weeks. Mike Rodgers, Charlie Philips, Mike Allen, Mark Thompson, Tom Comitta and Linda Csete will attend.

New Business

Authorization to Expend Liquid Fuel Funds

The Township Administrator said that authorization is required prior to expending any funds from the Liquid Fuels Account. The project to undertake curb, cross pipe, inlet & U-drain repairs in Hollow Run Farms, including Dickson Drive, Tranquility Drive and Theresa Drive had been previously authorized by the Board and the work is now completed.

Mr. Kuhn moved to authorize the expenditure from the Liquid Fuel Tax Fund for the above mentioned project, and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Accounts Payable Report Dec. 7, 2009 Liquid Fuels Fund

Mr. Rodgers moved to approve the December 7, 2009 Liquid Fuel Tax Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Tax Levy Resolution for 2010

The Administrator noted that the real estate millage, per capita tax, real estate transfer tax and earned income tax for 2010 remain the same as in 2009. The Local Services Tax has increased from $10.00 per person employed within the Township to $52.00 per person following passage of an Ordinance #156-2009 on 11/2/09. Mr. Rodgers moved to approve Resolution #724-2009 setting the taxes for 2010, and Mr. Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Budget Resolution to Adopt 2010 Budget

The Administrator said the Board reviewed the proposed budget materials at a meeting on October 30, 2009. Because time has passed since the draft budget was proposed, better information is now available on forecasted ending balances in the various funds. She proposed adjustments to the carryover figures to the various funds to align with these figures.

Mr. Rodgers moved to approve Resolution #725-2009 adopting the Budget for 2010 with the adjusted carryover figures provided this evening, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Saul Ewing – Overview of Sketch Plan for Zantzinger re-subdivision of 5 lots into 3 lots

Megan King, Esq., Bill LaPointe and Richard Schmidt were present to provide an overview of the sketch plan to re-subdivide the Zantzinger property. She explained that the property was subdivided last year to reduce one of the lots in size so it would be just under 2 acres. Because the property is under Act 319, only a conveyance of less than two acres can be done per year without tax implications. Now, for 2010, the Zantzinger estate would like to add a small piece to the second lot to square it up, and then split it into two pieces. They would then combine one piece to the Schmidt parcel and the other to the LaPointe parcel.

Mr. Motel said he understands the rationale, but was concerned that this would make the LaPointe property large enough to re-subdivide in the future. Ms. King said the LaPointe house is situated so that a subdivision is less likely. A flag lot would have to be created, and any new house would be located in front of the existing one.

Several alternatives to creating a subdividable lot for the LaPointes were made. Mr. Kuhn suggested a deed restriction. Mr. LaPointe said instead of dividing the parcel into two and joining parts with his and the Schmidt parcels, it could be jointly held by all and kept separate. A third alternative would be to convey slightly less land so it there could be no additional subdivision.

The sketch plan will be reviewed at the Planning Commission meeting on December 8^th.

Horseshoe Trail Conservancy – Request for 2010 Support

Ingrid Cantarella-Fox, President of the Horse-Shoe Trail Conservancy and Kitty Rapalyea were present to request a $1,000 donation to help the Conservancy print the new edition of the Hose-Shoe Trail Guide due out next April. Mr. Philips asked if the Conservancy was making the same request of the neighboring townships, and Ms. Canterella-Fox said yes.

Mr. Kuhn moved to approve a $1,000 donation in 2010 for the Horse-Shoe Trail Conservancy, and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Resolution to Adopt Open Space Rating System

Aliena Gerhard referred to a draft checklist to rate potential properties for open space easement acquisition provided by Mark Thompson. Mr. Thompson said it’s a generic document that can be tailored to the Township’s needs. He said the Open Space Act doesn’t spell out specific requirements for it. Mr. Kuhn moved to adopt Resolution #726-2009 adopting the Open Space Rating List, and Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Mr. Kuhn suggested that Ms. Gerhard use the checklist for those parcels under consideration now, and that the Open Space Commission review the list and propose future amendments if needed.

Schedule and Authorize Advertisement for Reorganization Meeting – (Jan. 4, 2010)

The Administrator explained that the reorganization meeting is mandated by the State to be held on the first Monday of the New Year, unless that date is a holiday. This coming year, Monday, January 4^th is the mandated reorganization date. Mr. Philips moved to direct the Administrator to advertise the Reorganization meeting and first business meeting for 2010 for Monday, January 4, 2009, 7:30 P.M. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA. Mr. Rodgers seconded, and all were in favor.

Andy Motel – Zoning Hearing Board overview and waiver request to permit accessory structure in the front yard

Mr. Motel was present to provide information on his plan for improvements to his property, including an addition and a detached garage. Because both improvements encroach on the minimum setbacks, Mr. Motel has made application to the Zoning Hearing Board to request a variance. In addition to that relief, Mr. Motel seeks approval from the Board of Supervisors to permit the location of the detached garage in the side and front yard in accordance with Zoning Ordinance Section 1607.3. This section indicates that this determination is made by the Board of Supervisors upon the recommendation of the Planning Commission.

Mr. Motel indicated that the Planning Commission reviewed the plans but had no comment, saying they needed additional information. Mr. Motel wasn’t present at that meeting. He said that the abutting neighbors, the Bruders and McGowans, had seen the plans and had no objections.

Mr. Philips said he’d like to see the garage situated closer to the house so there would be less encroachment in the side yard setback. Mr. Motel explained that he wanted it a fair distance from the house so he could walk between the house and garage and get through with a tractor. Otherwise he’d have to go all the way around the new structure to access his back yard.

Mr. Philips moved that the Board take a neutral position on the Zoning Hearing Board application, and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all four were in favor. Mr. Kuhn was opposed.

Mr. Philips moved to approve Mr. Motel’s request for relief to permit a detached garage in the front yard and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Other Business

Update to Comprehensive Plan

Mr. Willig asked if it’s time to begin the process to update the Comprehensive Plan. The last update was about 10 years ago. The Board agreed it should be considered within the next year or two.

Open Space Brochure

Mr. Philips showed a sample of a color brochure from the Harwich Conservation Trust in Harwich, MA describing their mission and accomplishments, and suggested that the Open Space Commission design a similarly styled brochure for the Township’s open space preservation program. Mr. Kuhn will follow up.

Adjournment

The meeting was adjourned at 11:35 p.m. The reorganization meeting and next business meeting are scheduled for January 4, 2010 at 7:30 P.M. in Room 154 of the Great Valley Middle School. The Chairman announced that the Board will hold an executive session directly following the meeting to discuss legal matters.