Charlestown Township Board of Supervisors Business Meeting Minutes of November 2, 2009 – draft 11/5/09

The first business meeting for November was held November 2, 2009 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, Pa 19355, Room 154.

Present:

Supervisors:	Charlie Philips, Chairman, Kevin Kuhn, Vice Chairman, Paul Hogan, Hugh Willig, Mike Rodgers
Consultants:	Surender Kohli, P.E., Mark Thompson, Esq.
Staff:	Linda Csete, Administrator, Aliena Gerhard, Open Space Director, Fred Alston, Public Works Superintendent
Public:	See attached List

Call to Order:

7:30 P.M.

Announcements

Mr. Kuhn announced that he attended a PA Turnpike roundtable on October 8th where improvement plans were discussed. He said issues relating to Charlestown Township, such as the Bodine Road bridge, weren’t discussed but will likely be addressed at the next roundtable. He said most of the PTC issues are related to stormwater management and that he’ll circulate a copy of the minutes from the October 8th meeting when they’re made available.

Mr. Philips announced that all but one of the nine historical interpretative signs have been installed. One is located at the Charlestown Elementary School, where voters will be able to view it tomorrow. He said the signs are very attractive and the project was a job well done. Mr. Kuhn said the two signs at the Woolen Mill are easily noticed from the road. Mr. Philips said other signs are located at Brightside Farm, Longwood School Ruins, the Pickering Trail, the Ice Dam Ruins, and at the Devault Post Office representing the village of Devault. The sign for the Revolutionary War Cemetery will be installed after the parking area work is completed.

Citizens’ Forum for Non-Agenda Items

Application for Liquor License

Ken Butera Jr., Esq. introduced the new owners of the former Pogey’s Restaurant on Morehall Road, Frank and Kim Boyle. He said he submitted a request for a hearing to the Township Solicitor for consideration of approval of an inter-municipal liquor license transfer. He said the Boyles’ plan is to get the restaurant open and running before the holidays, and to phase in various improvements. Their goal is to operate a family-oriented restaurant. Mr. Butera said the existing license for the location had been revoked.

Mr. Boyle said the liquor license is the item holding them back from opening. Mr. Butera said the Liquor Control Board can take anywhere from a few weeks to several months to approve a license after the Township gives its approval.

Mr. Boyle said he has been speaking with Mr. Kohli about moving a staircase inside the building so the kitchen can be updated. They also plan to paint the exterior of the building soon. Later they’d like to submit a land development plan to improve the parking lot and landscape the exterior. He said the exterior appearance is very important to them and he recognizes the property is located at one of the main entrances to the Township. Mr. Philips asked him if he was aware the property is located in the Traditional Neighborhood Development (TND) overlay district, and Mr. Boyle said yes. Mr. Philips said there are other portions of the TND that are in planning, the development of which will be an advantage to the Boyles in the future.

Mr. Kuhn asked, if the current license has a revoked status, can it come back to Charlestown. Mr. Boyle said that license has nine violations with the LCB. After Pogey’s went bankrupt, it was taken over by a bank, which holds the license as the trustee. They’ll be expected to sell the license to the highest bidder, which can be anywhere in the County. Mr. Kuhn asked if it is sold in Charlestown, would it come to the Supervisors for approval. Mr. Butera said no, only if it triggered a zoning issue.

Mr. Philips thanked the Boyles for appearing before the Board and encouraged them to continue to keep the Township apprised of their plans as they move forward.

Charlestown Play School

Faith Koons appeared on behalf of Charlestown Play School to ask that the Board expedite the removal of the black oak tree adjacent to the pull-off area at the Revolutionary War Cemetery that the School parents use as a turn around when dropping off and picking up their children across the street. They’ve found it increasingly difficult to use the School’s lot and field for this purpose as the ground gets wetter and parents have been stuck in the mud. She understands the Board is discussing the tree removal this evening and asked that everything possible be done to move quickly. Mr. Philips asked Mr. Alston how long it will take to get the work done once an estimate is accepted, and Mr. Alston said it would be done within two weeks. Mr. Willig said the School had the safest situation when they used the Cemetery pull-off area. The drop-off and pick-up process was very orderly, and the sight distances were better than what they have to do in the interim. Mr. Philips explained that the area had to be closed after the black oak was deemed dangerous, and Mrs. Koons said she understood. Mr. Philips said the matter will be addressed this evening.

Approvals

Minutes of Business Meeting Oct. 5, 2009

Mr. Rodgers moved to approve the minutes of the business meeting held Oct. 5, 2009, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Minutes of Business Meeting Oct. 26, 2009

Mr. Rodgers moved to approve the minutes of the budget work session held Oct. 26, 2009, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Treasurer's Report Oct. 1 - 31, 2009

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

Accounts Payable Report – Operating Fund November 2, 2009

Mr. Rodgers moved to approve the November 2, 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.

Accounts Payable Report – Open Space Fund November 5, 2009

Mr. Hogan moved to approve the November 2, 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.

Reports

Mr. Rodgers moved to accept the October monthly reports and Mr. Philips seconded. Mr. Philips called for discussion.

Mr. Rodgers announced that the Valley Forge Sewer Authority ratified a 5-year contract with the Union last week.

Mr. Philips said he asked Mrs. Gerhard for an update on placing easements on the Pickering Preserve parcels and the Brightside Farm. Mrs. Gerhard said she submitted a grant application to the Pennsylvania Land Trust Alliance (PALTA) for funding to help cover the costs of placing these properties under easement and has been notified that $6,000 is available. The Preserve parcels would be placed under easement with the Natural Lands Trust, and the Brightside Farm would be placed with the French & Pickering Creeks Conservation Trust. Mr. Kuhn said the Board should have more discussion on how to craft the easements.

Mr. Philips said the Design Review Committee held a long meeting this morning to work with the developers for both the Tyler Griffin and Spring Oak plans. He said good progress is being made. Mr. Kuhn referred to the Kise, Straw and Kolodner review letter for Spring Oaks, representing the Phoenixville Regional Planning Committee. He said he wasn’t overly impressed with it. Mr. Willig said the letter indicates the plan is generally consistent with the regional comprehensive plan.

Mr. Hogan said that a motor removed from the Woolen Mill during the restoration is still being stored at the Brightside Farm. Since it isn’t historic in nature and may be worth about $2,000, he suggested Township sell it. Mr. Philips said this could be discussed further.

Mr. Philips called for a vote on the reports, and all were in favor.

Hearings

Open Land Act Hearings

Mr. Thompson opened the hearings to consider acquisitions of conservation easements for several properties in the Township. The proceedings were recorded by Tom Corcoran, Court Reporter. A letter dated 10/30/09 to the Daily Local News requesting legal notice publication and copies of the letters notifying the landowners of tonight’s hearing were entered into the record as exhibits. Mr. Thompson described the properties under consideration, and there being no questions from the public or the Board, the hearings were then closed.

Ordinance to Set Local Services Tax Rate for 2010

Mr. Thompson opened the hearing to consider an ordinance amending Ordinance #2007-142, the Local Services Tax Ordinance to increase the tax from $10.00 per year to $52.00 per year. Under the new ordinance, those on active duty in the military, permanently disabled as a result of military service and those earning under $12,000 per year will be exempt from the tax. 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
•	T-3	Draft Ordinance
•	T-4	Letter to the Chester County Law Library dated 10/30/09 from Mark Thompson, Esq. enclosing a copy of the ordinance

Mr. Kuhn asked if self-employed individuals would simply pay the tax in one installment, and Mr. Thompson said yes.

Mr. Thompson asked if there were any questions from the public, and Faith Koons asked for confirmation that the tax is for employees of businesses in the Township, which Mr. Thompson confirmed as correct. There being no further questions, the hearing was closed.

Mr. Rodgers moved to pass Ordinance #156-2009 amending the Local Services Tax Ordinance, and Hogan seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Robal Associates Curative Amendment

Mr. Thompson opened the hearing and the proceedings were taken by Tom Corcoran, Court Reporter. Mr. Thompson stated that the applicant requested a continuance; therefore no testimony was taken this evening. The hearing was continued to February 1, 2010, 7:30 P.M. at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA 19355, Room 154.

Aquilante Conditional Use Hearing

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

Mr. Thompson entered the following items into the record:

•	T-1	Conditional Use Application dated 9/16/09
•	T-2	Public Notice
•	T-3	Proof of Publication
•	T-4	Mr. Theurkauf’s review memorandum dated 10/7/09

Testimony was heard from Dominique Damico. She presented six photographs placed into the record marked collectively as Exhibit A-1.

Planning Commission Vice Chairman Andy Motel said the Planning Commission recommended approval of the application. He communicated an issue that arose during the Planning Commission’s review of the application with regard to the number of horses permitted per acre. There is presently a draft amendment to the current ordinance to require four acres for the first horse on a property and one pasture acre for each additional horse. This amendment doesn’t take into consideration that some horse operations depend less on pasture grazing than others. For this particular application, for example, Ms. Damico primarily feeds the horses in the stables, and doesn’t turn them out into the pastures 24-7. The proposed ordinance may need a provision for this type of operation.

It was determined during the course of the hearing that the required property owner notifications had not been sent by the applicant. The hearing was left open to allow time for this to take place. The hearing was continued to December 7, 2009, 7:30 p.m. at the Great Valley Middle School.

Old Business

Public Works

Mr. Alston brought the following items forward for discussion and approval.

1. Quotation for removal of the Black Oak Tree at the Revolutionary War Cemetery: Mr. Alston said a quote was obtained from the Township’s tree contractor, C.M. Jones for $4,200.00. The tree work will require use of a crane and traffic control for Charlestown Road. Sections of the tree will be preserved, and Mr. Hogan will manufacture some benches from the wood. Mr. Kuhn moved to accept the quotation and proceed with the removal of the black oak. Mr. Philips seconded and called for discussion. There being none, he called the vote, and all were in favor.
2. Brightside Farm tenant house roof: Mr. Alston said he obtained a quote from John Pancoast to repair the roof of the tenant house at Brightside. There is a lot of rust showing, especially around the seams. One estimate was for an aluminum roof for $2,000 with a one year warranty vs. a more expensive red coating with a fifteen year warranty for $4,000. The estimates include scraping and painting the entire roof. The Board generally agreed to go with the more expensive option in consideration of the longer warranty. Mr. Willig said they should be careful to ensure that the coating adheres properly. Mr. Kuhn said the roof at the Woolen Mill should also be looked at to consider whether a similar paint should be used there. Mr. Philips moved to approve the roof repair at the Brightside tenant house, and Mr. Kuhn seconded. Mr. Philips called for discussion. There being none, he called the vote, and all were in favor.
3. Outside steps for the Woolen Mill: Mr. Kuhn said a price of $4,800 was obtained from R.J. Florig. This followed discussion with historical architect Dale Frens to consider screen panels and a green coating to match the inside railing. Mr. Kuhn said he preferred a red coating to match the other outside trim at the Mill, and to go with a simpler pipe railing design, which would be about $2,000 less expensive. Mr. Willig asked about tread infills, and Mr. Alston said they would use diamond plate tread. Mr. Kuhn asked Mr. Kohli if there are any building code issues with installing a simple pipe railing, and he said no. Mr. Rodgers moved to approve the installation of exterior steps at the Woolen Mill as recommended by Mr. Kuhn, who seconded the motion. Mr. Philips called for discussion. There being none, he called the vote, and all were in favor.
4. Brightside Farm wooden corn crib: Mr. Alston said this structure has collapsed, and recommended the Board have Melchiorre Construction remove it while they are demolishing the Jenkins house. The additional cost can be minimized taking this approach, and the wood would be recycled along with most of the rest of the materials. Mr. Philips moved to approve the removal of the corn crib by Melchiorre Construction, and Mr. Rodgers seconded. Mr. Philips called for discussion. There being none, he called the vote, and all were in favor.
5. Truck Utility Body: Mr. Alston said that in consideration of budget limitations that preclude replacement of the public works pick up truck, he’d like to obtain approval to purchase and install a used utility truck body in the current vehicle. Dan Aquilante offered to check around for an inexpensive one, and the Board was in general agreement to proceed.

New Business

Aquilante Application to Zoning Hearing Board – Overview

Dan Aquilante presented a brief overview of his application to the Zoning Hearing Board for a variance to allow the placement of a 10 x 40 shed in the front yard setback at the Bruder property, 166 Mine Road. He circulated a picture of the structure, which was already placed on the property, to the Board. He had been unaware that a permit was required.

Mr. Kuhn read from Mr. Theurkauf’s review memorandum on the conditional use application for the same property, which commented on the shed and noted that it is inconspicuous from the street and is architecturally compatible with the historic buildings on the site.

Mr. Kuhn moved to communicate to the Zoning Hearing Board that the Supervisors are in favor of the application for variance approval to permit the shed to be located in the front yard setback of the property, and Mr. Rodgers seconded. Mr. Philips called for discussion. There being none, he called the vote, and all were in favor.

Pickering Preserve

Mrs. Gerhard said the parcels comprising the Pickering Preserve total 140 acres of very sensitive lands. Although there’s no pending concern over development, with funding available to ease the property now, it would be foresight on the Board’s part to do so at this time. $6,000 is already available from PALTA, and she said she may be able to obtain funding support from the state senator’s and representative’s offices. The Township’s contribution for the easement to Natural Lands Trust would be under $10,000.

Mr. Kuhn moved to proceed with placing an easement on the Pickering Preserve properties, with details to be worked out as the process moves forward. Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

French & Pickering Creeks Trust – Request for 2010 Contribution

Clare Quinn, Executive Director for the French & Pickering Creeks Conservation Trust was present to request an allocation of $1,000.00 in the Township’s 2010 budget for a donation to the Trust. She said the French & Pickering Creeks Trust has placed nine easements in Charlestown in the past few years, the latest being the Desfor property last month. She said they’re requesting $1,000 from each Township they work with to go toward operations.

The Board had some discussion on how to decide which non-profit organizations should receive consideration from the Township and it was generally determined that in those cases where a direct benefit to the residents can be recognized that a donation may be considered. Mr. Philips asked what funds would be used for a donation, and Mrs. Csete said it could be appropriated from the Open Space Fund. Mr. Willig moved to appropriate a $1,000 donation to the French & Pickering Creeks Conservation Trust in the 2010 budget, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor. Schedule Hearing for Liquor License Application

A hearing was scheduled to consider the application for a liquor license for the former Pogey’s Restaurant and Bar for December 7, 2009, 7:30 P.M. at the Great Valley Middle School.

Award Road Salt Contract

Mrs. Csete referred to the recommendation by Mr. Kohli in his letter dated October 7, 2009 that named Oceanport Industries as the lowest responsible bidder to provide road salt to the Township for the 2009-2010 season. Mr. Philips moved to award the road salt contract to Oceanport Industries, and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Schedule Advertising and Adoption of 2010 Budget

Mr. Philips moved to schedule the proposed 2010 Budget for consideration of adoption at the December 7, 2009 Board of Supervisors meeting, 7:30 P.M. in Room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA and authorized the Secretary to advertise same. Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Schedule Hearing for Spring Oak Conditional Use Application

A Conditional Use hearing for Spring Oak was scheduled to open December 7, 2009, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Philips said the application includes a request for approval for construction in steep slopes, and possibly will include a request for approval of construction in high ground water areas.

Schedule Work Session to Review draft codification of Township ordinances

Mr. Thompson indicated he can be prepared with a review of the draft codification within two weeks. Mr. Philips asked the Secretary to place the matter on the December 7th agenda to schedule a work session date with Keystate Publishers’ Ken Rotz.

Authorize Advertisement of Intent to Appoint a CPA to Audit the 2009 Accounts

Mr. Kuhn moved to authorize the Secretary to advertise the Board’s intention to appoint a certified public accountant to conduct the 2009 audit, and Mr. Philips seconded. Mr. Philips called for discussion. Mr. Philips called the vote, and all were in favor.

Website Development & Maintenance Contract

Mr. Philips moved to authorize the Secretary to execute the Website development and maintenance contract with Allen P. Underkofler Associates, and Mr. Kuhn seconded. Mr. Philips called for discussion. Mr. Philips called the vote, and all were in favor.

Sprint Tower – Devault Foods Property

Mr. Thompson referred to a prior request from Crown Communications to reach an agreement with Chester County Emergency Services and the Township for permission to co-locate on the top ten feet of the Sprint Tower, located on the Devault Foods property in Devault. He said that since this will amend a previous conditional use decision in which the top ten feet of the tower were reserved for emergency communications only, a new hearing must be conducted. The Board agreed to schedule a conditional use hearing after Mr. Thompson requests an application from Crown Communications and it is received at the Township office.

Open Land Act Acquisitions

Mr. Philips moved to adopt Resolution # 720-09 approving funding in an amount not to exceed $770,000 for the acquisition of open space interests in a 41.5 acre parcel of land identified as tax parcel #35-2-7 located at 18 Fisher Lane. Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Mr. Rodgers moved to adopt Resolution # 721-09 approving funding in an amount not to exceed $350,000 for the acquisition of open space interests in a 22.4 acre parcel of land identified as tax parcel #35-3-14 located at 1105 Green Lane Road. Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Mr. Philips moved to adopt Resolution # 722-09 approving funding in an amount not to exceed $390,000 for the acquisition of open space interests in three parcels of land totaling 20 acres identified as tax parcels #35-3-24.2, 35-3-25, and 35-3-26 located at 1130 Green Lane Road. Mr. Willig seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Other Business

Ashwood Subdivision

Mr. Kuhn asked if the hedgerow clearing situation at the Ashwood subdivision was being addressed. Mr. Kohli said that Ed Theurkauf is working with the property owners on the restoration plan.

Adjournment

The meeting was adjourned at 9:00 p.m. The next business meeting is scheduled for December 7, 2009 at 7:30 P.M. in Room 154 of the Great Valley Middle School. The Board held an executive session directly following the meeting to discuss legal matters.