Charlestown Township
Board of Supervisors Business Meeting
Minutes of January 24, 2005

The second business meeting for January was held January 24, 2005, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Charles Philips (arrived later), Jim McErlane, Esq., Surender Kohli, P.E., 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 7:32 P.M.

Announcements

Mr. Kuhn announced an Executive Session was held on January 20, 2005 to discuss legal matters.

Citizen’s Forum/Non-Agenda Items - None

Approval

Minutes of January 3, 2005 – Reorganization Meeting

Mr. Willig moved to approve the January 3, 2005 Reorganization Meeting minutes, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Minutes of January 3, 2005 – Business Meeting

Mr. Willig moved to approve the January 3, 2005 Business Meeting minutes, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report – December 1-31, 2004

Mr. Rodgers moved to approve the December 1-31, 2004 Treasurer’s Report, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

Altemose Conditional Use Application Decision

Mr. McErlane explained an Order and Decision has been drafted denying the application. He summarized the Decision, stating the application does not fit the definitions of Conditional Use as defined by the Township. Mr. McErlane recommended the Board approve the Order and Decision to deny the Altemose Conditional Use application.

Mr. Rodgers moved to approve the Order and Decision to deny the Altemose Conditional Use application, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Hearings

Seven-Year Review of Agricultural Security Area and Consideration of Proposals to Add Parcels

Mrs. Csete said this is the first seven-year review since the Agricultural Security Area (ASA) was first formed in 1998. She said two nice things resulted from this review: 1) None of the original parcels have become ineligible, and 2) There are 17 new parcels, totaling 300 new acres, a 20% increase.

Mr. Kuhn asked if it includes parcels from other Townships, and Mrs. Csete said it includes one 41-acre parcel in East Pikeland Township.

Mrs. Csete said the Board needs to pass two Resolutions. One allows East Pikeland to join the ASA, and the other is to ratify the current ASA and vote to include the new parcels.

Resolution #643-2005

Mr. Kuhn asked Mrs. Csete, if others want to join, do they have to wait until next year. Mrs. Csete explained that to have someone join at another time, the Board can form the necessary committees to make that happen; however, if everyone is in favor of the other party joining, the Board can simply ignore the request for six months, at which time the parcel automatically becomes a part of the ASA.

Mr. Rodgers moved to adopt Resolution #643-2005 to allow inclusion of East Pikeland properties into the Charlestown Township ASA, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Rodgers moved to adopt Resolution #644-2005, the revised ASA Plan, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Robal Conditional Use Application

The proceedings were recorded by Tom Corcoran, Court Reporter. Mr. Tupitza moved to incorporate into the record of this hearing, any of the plans, exhibits, testimony, and decisions of the Charlestown Hunt and Charlestown Meadows hearings, due to the relevant testimony provided by Mr. Kohli in those proceedings.

Mr. Bender objected, stating as a party, we may be presenting evidence to either explain some portion of the prior decisions or to refute it. He said, without knowing specifically what is being incorporated, it puts us at a severe disadvantage. He added that it is incumbent upon Mr. Tupitza to pick out what he wants to include, and said the entire record is not relevant.

Mr. McErlane said the Board meets again on February 7, 2005. He gave Mr. Tupitza until that time to determine what portions of those prior records he wants to make part of the record. Mr. Bender can then respond to those items at the February 28, 2005 meeting.

Mr. McErlane asked that the amended application be marked as Exhibit A-2.

Mr. Tupitza called Mr. Adam Brower. P.E. of E.B. Walsh & Associates as a witness to continue his testimony and referenced PC-1, the December 16, 2004 letter from Mr. Kohli.

Mr. Tupitza moved for admission of Exhibit A-3, the plan revision of A-1 with a revision date of January 13, 2005.

Mr. Bender cross-examined Mr. Bower, and then Mr. Tupitza rested his case. Mr. Bender asked that Mr. Kohli be given time to review the revised plans, since it is evidence that was just brought into being.

Mr. McErlane recommended the amended application be accepted into the record, subject to a final copy being given to the Township Administrator.

Lillmars

The proceedings were recorded by Tom Corcoran, Court Reporter. At the request of the applicant, the hearing was continued to February 28, 2005, 7:30 P.M. at the Great Valley Middle School, room 154.

Adjournment

The meeting was adjourned at 8:11 P.M. The next Board of Supervisors meeting will be held at 7:30 P.M. on February 7, 2005, in room 154 of the Great Valley Middle School.

Respectfully submitted,


Melanie Lammers
Recording Secretary