Charlestown Township
Board of Supervisors Business Meeting
Minutes of November 6, 2006

The first business meeting for November was held November 6, 2006 at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Charlie Philips, Paul Hogan, Hugh Willig, Mark Thompson, Esq., Surender S. Kohli, P.E., Linda M. Csete, Township Administrator, Aliena Gerhard, Open Space Director, and those on the attached list were present.

The meeting was called to order at 7:35 P.M.

Announcements - none

Citizen’s Forum/Non-Agenda Items

No matters were brought forward.

Approvals

Minutes of October 9, 2006

Mr. Rodgers moved to approve the October 9, 2006 minutes and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Minutes of October 16, 2006

Mr. Rodgers moved to approve the October 16, 2006 minutes and Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Minutes of October 30, 2006

Mr. Rodgers moved to approve the October 30, 2006 minutes and Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report – October 1 - 31, 2006

Mr. Rodgers moved to approve the October Treasurer’s Report and Mr. Willig seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund November 6, 2006

Mr. Willig moved to approve the November 6, 2006 Operating Fund Accounts Payable report and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Open Space Fund November 6, 2006

Mr. Rodgers moved to approve the November 6, 2006 Open Space Fund Accounts Payable report, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Reports

Mr. Rodgers moved to accept the monthly reports as submitted, and Mr. Philips seconded. Mr. Kuhn called for discussion.

Mr. Philips suggested that a letter of thanks be sent to the Historical Commission, Parks & Recreation Board and Open Space Commission members who organized the Charlestown Day event on October 15th.

Mr. Philips asked for the status of the Jenkins subdivision, and Mr. Kuhn said they are still working on the Planning Module, and he will call Mr. Diehl for an update.

Mr. Philips noted that the Brightside Farm maintenance budget is much higher than what was needed this year, and suggested lowering it for 2007. Mrs. Csete said it was reduced to $15,000 in the draft budget for 2007.

Mr. Philips said that the Historical Commission has traced ownership of the revolutionary war cemetery back to the Great Valley Presbyterian Church, yet the Township is maintaining it. The Administrator said the 2006 tax duplicate still lists the owner as “unknown.” Mr. Kuhn suggested that the Historical Commission confirm the ownership so the Township may consider contacting the owner to request they cover, or at least share, maintenance costs.

Mr. Kuhn called the vote and all were in favor.

Old Business - none

New Business

Zoning Hearing Board Overview – Daly

Wendy McLean, Esq. was present to provide an overview of the Daly Zoning Hearing Board Application. She explained that the Dalys previously received a variance for a larger addition, but are now scaling back the project and relocating a portion of the addition, which triggered the need for a new application. She showed the new plan for a 5 x 12 foot addition off the kitchen at a corner of the house. The variance is needed because the addition will expand a non-conforming legal use, since the house is located within the front yard setback. Mr. Philips made a motion to communicate to the Zoning Hearing Board that the Supervisors support the application. Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. Four were in favor; Mr. Hogan abstained.

Zoning Hearing Board Overview – Pomeroy

Architect E.J. Messersmith, Partner with the Knabb Partnership and Mr. & Mrs. Pomeroy were present to provide an overview of the Pomeroy Zoning Hearing Board Application for an addition to the Pomeroy’s residence at 2095 Bodine Road. Mr. Messersmith said the house was built in the 1700’s and is a legal non-conforming use because the house and garage are located within the front yard setback. Proposed improvements include two additions to the garage consisting of a guest bedroom and bathroom, and enclosing the entry of the house to create a vestibule and add a second story above it to expand the master bathroom.

Mr. Philips asked if the parcel can be subdivded, and Mr. Pomeroy responded no, due to its size. Mr. Philips asked if they spoke with the Historical Commission, and Mrs. Pomeroy said the house is listed on the Historic Resources Map but does not fall under the guidelines and requirements of properties in the Historic Village. Mr. Philips suggested they speak with the HARB Chairman for feedback on their plans.

Mr. Kohli asked for clarification on the use of the garage, and Mr. Messersmith said it will be used as a studio and will double as a guest bedroom. Mr. Kohli asked what the area marked in blue on the plan represents. Mr. Messersmith said that it shows a previously proposed addition approved by variance in 1998 but not built. Mr. Kohli said that approval has lapsed, and recommended they amend their present application to include that area.

Mr. Kuhn asked if there was presently a bathroom in the garage, and the Pomeroys answered no. Mr. Kohli said they will have to obtain a permit from the County Health Department. Mr. Kuhn asked if the Township has any issues with the use as a bedroom, and Mr. Kohli said no. Mr. Rodgers asked for clarification that it will not be used as an apartment, and Mr. Kohli said that is correct.

The Board indicated they would take a neutral position toward the application.

Robert Joos Conditional Use Decision

Mr. Thompson distributed the draft conditional use decision to the Supervisors. He said he contacted the Joos’ attorney Greg Davis this morning with regard to the decision and he had no issues with it. There was a discussion on condition #6, which the Board agreed to remove. Mr. Rodgers moved to approve the conditional use decision for Robert Joos subject to the removal of condition #6, and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Selection of Land Trust for Joos Easement

Mrs. Gerhard said there were two options for the selection of a land trust to monitor the portion of the Joos property to be placed under a conservation easement. Proposals have been submitted by the North American Land Trust and the French & Pickering Creeks Conservation Trust. The French & Pickering proposal was less by $5,000.00, and she recommended they be selected as the conservator. Mr. Willig asked if both proposals had the same conditions and restrictions, and Mrs. Gerhard said yes. She added that the French & Pickering Creeks Trust has a new executive director and she has renewed confidence in the organization. Mr. Rodgers moved to accept the Proposal from the French & Pickering Creeks Conservation Trust, and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Schuylkill Township Open Space Referendum

Mrs. Gerhard said the Open Space Committee of Schuylkill Township has requested an endorsement of their open space referendum that has been placed on the ballot for tomorrow’s elections. Mr. Kuhn said he asked Mr. Philips to follow up with the Schuylkill Township Board to confirm their position, and after doing so, was satisfied with the response. Mr. Philips made a motion in support of the Schuylkill Township open space referendum and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and Mr. Willig asked about East Pikeland Township’s referendum, which the Charlestown Board likewise supported. Mr. Philips amended his motion to include support of both Schuylkill Township’s and East Pikeland Township’s open space efforts, and Mr. Rodgers seconded. Mr. Kuhn called the vote, and all were in favor.

Update on Ordinances under Consideration

Mr. Philips asked for an update on several ordinances under discussion or review, including a CCRC ordinance, the ordinance to increase open space to 50% for open space developments, and the hotel/motel ordinance. Mr. Thompson said he will circulate something on the CCRC and Hotel/Motel ordinances.

Mr. Philips also suggested the Board consider examining the requirements for stormwater management basins, noting that East Whiteland Township recently required a more aesthetically pleasing retrofit to a basin, which was highlighted in the County’s Waterways newsletter. Mr. Motel said the Planning Commission will look into it. Mr. Kohli said that the screening of the East Whiteland basin was done to comply with DEP Best Management Practices (BMPs) due to limestone issues. It’s only required if the basin does not perc. Last, Mr. Philips said the Township should consider a wind generator ordinance.

Mr. Motel gave an update on the Planning Commission’s progress with the TND ordinance. He said they completed their review of the first draft, and Mr. Comitta is now preparing a second draft for review at the November 14th meeting. The Planning Commission is about 95% of the way through the set of pictures and design guidelines that accompany the ordinance. These guidelines are then used by the developer to create a set of design specifications for their proposal. Mr. Motel said the Planning Commission hopes to have a recommendation to the Supervisors before the end of the year.

Mr. Motel said that in conjunction with the TND ordinance, the Supervisors should consider how a municipal building will fit into the plan, stating this needs to be considered up front. He said a possibility would be to include some retail uses in the complex and have them managed by a leasing company.

Mr. Kuhn asked for an update on the draft ordinance to consider increasing the open space requirement in open space developments to 50%. Mr. Motel said Mr. Allen developed a spreadsheet with examples of how this would work on different parcels. He said if the plan can remain density neutral with 50% open space, the Planning Commission would support it, but if lots are lost, they feel it would be counterproductive because it would alienate property owners. Mr. Philips said it appears they only lose lots on severely constrained parcels. Mr. Kuhn said the base density is set by the conventional lot development parameters. If 50% nets less than this, it is punitive to the landowner. He said he would support the change only if it were density neutral. Mr. Kuhn polled the other Board members. Mr. Rodgers said he remains in favor of increasing the requirement to 50% and Mr. Hogan agreed. Mr. Motel reiterated his concern over how the landowners will perceive the change. Mr. Willig suggested seeing if the increase in open space could come with incentives for the developer/property owner. Mr. Philips said they should look into creative ways not to create a penalty. The Board’s consensus is that there is no urgency in moving the ordinance forward, and will wait for the Planning Commission to do further review.

Rails to Trails

The Board asked Mr. Thompson to draft an amendment to the Official Map Ordinance to include the railroad bed in hopes of a future rails-to-trails conversion. The Administrator will provide him with the parcel numbers.

Award Salt Bid

The road salt bids were opened and read at the October 9, 2006 meeting and turned over to Mr. Kohli for review and recommendation. Mr. Kohli’s review found the bids to be in order and recommended the contract be awarded to Oceanport Industries, the low bidder.

Mr. Philips moved to award the road salt contract to Oceanport Industries, and Mr. Rodgers seconded. Mr. Kuhn called for discussion and there being none, called the vote. All were in favor.

Schedule Conditional Use Hearing for Stonorov Lot 1

The conditional use hearing for Tina Stonorov Daly was scheduled to open on December 18, 2006, 7:30 P.M. at the Great Valley Middle School, Room 154.

Schedule Advertising and Adoption of 2007 Budget

The following budget items were discussed:

Brightside Farm: Mr. Kuhn said that the Board agreed to first get signage and a parking/pull off area for the grass trail to see how much it’s used before considering a paved trail; therefore the paving shown in the 2006 budget is not included for 2007. Line item #454.25 in the Open Space Fund Budget was increased from $10,000 to $30,000 for signage and parking. Mr. Philips suggested that since trail surface improvements won’t be done in 2007, the Board should consider other improvements such as renovations to the barn so it can be used for various community functions. Some funds should be included in 2007 for consulting and planning for these improvements, with the improvements themselves slated for 2008. Line item #454.21 in the General Fund Budget was increased from $2,500 to $12,500 for Brightside Farm Consulting & Planning.

Land Appraisals & Surveys: Mr. Philips asked why the line item for Land Appraisals and Surveys in the Open Space Fund is $100,000. Mrs. Gerhard said she based this figure on the amount spent this year, and the estimated number of appraisals and surveys she expects to pursue in 2007. Appraisal costs have varied from $3,500 to $15,000. Because the tax break for landowners donating conservation easements may not extend past next year, she expects many property owners will be interested in moving forward in 2007.

With these changes, the Supervisors directed the Township Administrator to advertise the 2007 draft budget for consideration of adoption on December 4, 2006, 7:30 P.M. at the Great Valley Middle School, Room 154.

Adjournment

The meeting was adjourned at 9:30 P.M. The next meeting is scheduled for November 20, 2006, 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,


Linda M. Csete
Township Secretary/Administrator