Charlestown Township
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The second business meeting for August was held August 21, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Michael Rodgers, Vice Chairman, Paul Hogan, Charlie Philips, Hugh Willig, James McErlane, Esq., Surender S. Kohli, P.E., Linda M. Csete, Township Administrator, and those on the attached list were present.
The meeting was called to order at 7:39 P.M.
Mr. Kuhn announced that an executive session was held at 5:00 P.M. this evening to discuss legal and real estate matters.
No matters were brought forward.
Mr. Hogan moved to approve the August 7, 2006 minutes and Mr. Rodgers seconded. Mr. Kuhn called for discussion. He said the vote on the Daly conditional use decision at the bottom of page 7 should be corrected to indicate that Mr. Hogan abstained from voting. There being no more discussion, Mr. Kuhn called the vote, and all were in favor.
Mr. Philips moved to approve the August 21, 2006 Open Space Fund Accounts Payable report, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Ann Broeker, Esq., was present to represent Verizon and answer any questions on the proposed Cable Franchise Agreement they developed with Vince Donahue, Esq. of the township solicitor’s office. Mr. Philips asked when they expected to have television cable services available, and Ms. Broeker responded, by the end of the year or early 2007.
The Board having no further questions, directed the Secretary to advertise the Cable Franchise Ordinance that authorizes the Board to enter into a franchise agreement with Verizon for September 18, 2006.
The Secretary explained that the Army Corps of Engineers sent a letter dated July 31, 2006 to the Township requesting approval of a right-of-entry agreement that will authorize the Government and its contractors to enter the Charlestown Park property for a period of six months to abandon monitoring well number MW-4.
Mr. Rodgers moved to approve and execute the right-of entry agreement as prepared, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary referenced a letter dated August 15, 2006 from Tim Townes of J. Loew & Associates Inc. requesting an extension to the approval for the Spring Oak Business Center final plan to October 2009. The approval presently expires in October 2007. If approved, J. Loew & Associates agrees to terminate the extension should a plan for a residential subdivision for the Spring Oaks tract be approved during that extension period.
Mr. Kuhn said he is more comfortable with providing a one year extension rather than two years. Mr. Townes said they requested a two year extension considering that his firm is working with the Township to develop a TDR ordinance that would affect the Spring Oaks parcel, and that passing the ordinance and subsequently designing a plan and obtaining approval would take that amount of time. Mr. Kuhn said he prefers to have a one year extension to motivate both parties to keep moving forward. Mr. Townes was agreeable. Mr. Rodgers moved to grant a one year extension, to October 31, 2008, to the Spring Oaks Business Center final plan approval, conditioned upon the applicant’s agreement to voluntarily terminate the extension at the time of the unappealed approval of a residential subdivision plan acceptable to all parties, provided that they not be required to terminate prior to the original expiration date of October 31, 2007. Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to appoint Ginny Durkan to the Zoning Hearing Board to fill the remainder of Mr. O’Brien’s term ending 12/31/08 and to appoint Frank Piliero to fill the remainder of Mrs. Durkan’s term as alternate member. Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary indicated that the maintenance security agreement and deed of dedication for Green Briar Circle have been reviewed and are acceptable. Mr. Philips moved to approve the Maintenance Security Agreement and to adopt Resolution #666-06 accepting the deed of dedication for Green Briar Circle in the Brooklands subdivision. Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The Secretary explained that in order to make application to FEMA for financial assistance for mortar damage to the Pickering Road Bridge caused by recent flooding, the Township must appoint an agent to prepare the application documents. Mr. Rodgers moved to adopt Resolution #667-06 appointing Fred Alston as Agent, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to authorize the Township Treasurer to prepare the August 1- 31, 2006 payroll period pay checks for August 31, 2006 in advance of the September 11, 2006 meeting as this meeting is being held a week later than usual due to the Labor Day holiday. Mr. Philips seconded, and all were in favor.
Mr. McErlane opened the hearing for the Robal Associates conditional use application and the proceedings were recorded by Tom Corcoran, court reporter. Christopher Cummings, Esq. entered his appearance as a party to the proceedings as representative of the Charlestown Hunt Homeowners Association, and the Board confirmed the HOA as a party.
The following items were entered into the record by the Applicant:
| • | A-16 | Housing Prices in Charlestown Township |
| • | A-17 | Robert Bruce Balbirnie comments read into the record |
The following witness gave testimony:
Mr. Tupitza stated that he closes his case for both the conditional use and PRD hearing. Mr. McErlane determined that Mr. Tupitza will have a deadline of 9/30/06 to have his case compiled and submitted to all parties, with responses by all parties by 10/16/06. Mr. Tupitza will meet with Mr. Cummings prior to the Supervisors’ September 11th meeting to see if an agreement can be reached. If Mr. Cummings decides after that meeting that his client still wishes to present evidence, the matter will be listed on the September 11th agenda so that the next hearing date can be determined, at which time the Charlestown Hunt Homeowners Association will put on its case.
Mr. McErlane opened the hearing for the Robal Associates Curative Amendment application and the proceedings were recorded by Tom Corcoran, court reporter. At the applicant’s request, the hearing was continued to October 16, 2006, 7:30 P.M. No testimony was given.
The Board directed the Secretary to advertise the Horseshoe Trail Ordinance for October 16, 2006.
Mr. Philips moved to approve the final escrow release for the Brooklands subdivision in the amount of $73,623.87 subject to the conditions listed in Mr. Kohli’s letter dated August 16, 2006 and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.
The meeting was adjourned at 9:00 P.M. The next meeting is scheduled for September 11, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.