Charlestown Township Board of Supervisors Business Meeting Minutes of December 5, 2011

The first business meeting for December was held December 5, 2011 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors:	Hugh Willig, Chairman, Frank Piliero, Vice Chairman, Kevin Kuhn, Charlie Philips and Mike Rodgers, Members
Consultants:	Surender S. Kohli, P.E., Dan Wright, P.E., Mark P. Thompson, Esq.
Staff:	Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Fire Marshal
Public:	See attached list

Call to Order:

7:30 p.m.

Announcements

Mr. Rodgers wished to commend Roadmaster Jim Thompson on the repair work done on Tinkerhill Road and Foster Road.

Mrs. Csete made the following announcements.

1. The annual Limerick Drill was held on Tuesday Nov. 15 at the Township Office. Representatives from the County Emergency Services and PEMA were present along with members of the Charlestown Township EOC including Robin and Linda Kohn, Supervisors Kevin Kuhn and Mike Rodgers, Roadmaster Jim Thompson, Fire Marshal Tim Hubbard, Jan Bird and herself. She thanked everyone for attending.
2. She said the County Planning Commission created a new link to a website that provides 2010 census data that can be accessed by county, school district, region, or individual municipality. It will include data on people, housing, land, transportation, economy, government and community facilities, including a map of trails and will be available beginning December 18th.
3. If the County budget is passed as proposed, there will be two funding rounds of Visions Partnership in 2012, and the Township may be able to get grant funding for the Parks & Recreation Plan Update.
4. She met with FEMA and PEMA representatives this morning to go over Charlestown’s damages due to Hurricane Irene and Tropical Storm Lee. It appears the Township will be eligible for at least $15,000 in grant funds. They’ll be contacting her to visit the damaged sites, particularly Aldham and Union Hill Roads, which were repaired after washouts occurred.
5. She plans to meet with PennDOT representative Terry Hirsh on Thursday to go over the steps to obtain the ARLE grant for installing the battery back-up system on the signal at Route 401 and Newcomen Roads.
6. Army Reserve Colonel Wendy Leland received an award from her unit in Washington D.C. on December 2, 2011 as the most active community volunteer. In addition to being Planning Commission Chairman, she’s a member of the HARB, a Girl Scout leader and active in her church and in the local schools.

Citizens’ Forum

 – No matters were brought forward.

Approvals

Minutes of November 7, 2011 Business Meeting

Mr. Rodgers moved to approve the minutes of the November 7, 2011 business meeting, and Mr. Philips seconded. Mr. Willig called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report November 1 - 30, 2011

Mr. Philips moved to approve the November 2011 Treasurer’s Report and Mr. Rodgers seconded. Mr. Willig called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report December 5, 2011 Operating Fund

Mr. Rodgers moved to approve the December 5, 2011 Operating Fund Accounts Payable Report and Mr. Piliero seconded. Mr. Willig called for discussion, and there being none, called the vote, and all were in favor.

Accounts Payable Report – Open Space Fund December 5, 2011

Mr. Philips moved to approve the December 5, 2011 Open Space Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Reports

Mr. Rodgers moved to accept the November reports as submitted, and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Hearing

Agricultural Security Area Seven-Year Review

Mrs. Csete explained that an ASA has a seven year lifetime, and then it must undergo a review and re-certification. This year Charlestown moved forward with its review and sent letters inviting owners of larger properties to join. There are numerous steps and deadlines in this process, and everything has now been accomplished with the exception of the supervisors’ final review and approval.

The Township received four applications listing a total of seven parcels proposed to be added to the ASA. The Planning Commission and ASA Committee held a joint meeting to review them. She thanked those who served on the ASA committee, including supervisors Hugh Willig and Mike Rodgers, and farmers Carl and Sharon Fisher, and Bill Andersen.

As part of the review, properties that no longer meet the criteria are removed from the ASA. The Township received a very comprehensive review from the County Planning Commission, and no parcels are required to be removed from the ASA. The four new petitions were all recommended for inclusion. The Supervisors’ task is to consider the addition of the new parcels and to re-certify the existing parcels by passing a resolution. The acreage of the seven new parcels totals 98.5 acres and will make a total of 1,931.28 acres in the ASA, about 25% of the Township land.

Mr. Rodgers moved to adopt Resolution #759-2011 accepting the proposed parcels into the Agricultural Security Area and adopting the revised map, and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none called the vote. All were in favor.

Old Business

 – none

New Business

Zoning Hearing Board Overview – Cingular Wireless PCS

Debra Shulski, Esq. of Riley, Riper, Hollin & Colagreco and John Davey, Real Estate Project Manager were present on behalf of New Cingular Wireless PCS to provide an overview of the zoning hearing board application to seek a variance to permit an upgrade to the existing telecommunications facility owned by PECO by adding three antennas within the existing antenna area, and to add a cabinet the size of a small refrigerator on an existing concrete pad at the base of the tower.

She said the tower was constructed in the early 2000’s and was last upgraded in 2008. The new proposal is to accommodate the higher volume of traffic, and she noted Cingular is performing similar upgrades at various locations throughout the county. The tower itself is 150 feet high, and the existing antenna array of nine antennas brings it to 154 feet. The additional three antennas would bring the height to 156 feet, an unnoticeable difference from ground level.

Mr. Thompson said Ms. Shulski had asked for a determination from Mr. Kohli as to the process required for the upgrade and was informed a use variance must be sought. He asked when the tower was originally installed, and Ms. Shulski said the late 1990’s to early 2000’s. It was constructed as a public utility and was therefore exempt from local building permit requirements at that time. Since then, the courts overruled this exemption. Mr. Thompson said Mr. Kohli determined this cell tower is now providing for private use, which is not permitted in the FR District, and is the reason a variance is needed.

Mr. Kuhn said the access easement on the tower’s 11 acre property between Bell Circle and Bodine Road, along resident Fred Alston’s property, is held by PECO, according to Mr. Alston. Ms. Shulski said Cingular has a lease with PECO, and any question of access is a private property matter and not one for the Township. Mr. Thompson agreed.

Mr. Thompson said Twist Investments is listed as the property owner, and asked if the applicant has any connection to this entity. Mr. Shulski said Cingular only has a lease with PECO. Mr. Thompson noted that the property was up for tax sale in 2009.

Mr. Philips moved to to take a neutral position toward the application for a use variance, and Mr. Rodgers seconded. Mr. Willig called for discussion and there being none, called the vote. All were in favor. No position was taken on the appeal for equitable relief.

Mr. Thompson suggested the Board send the Solicitor to the hearing. Mr. Philips moved to send the Solicitor to the hearing and Mr. Rodgers seconded. Mr. Willig called for discussion and there being none, called the vote. All were in favor.

Tashir and Maria Kassam – Request for Use & Occupancy Approval to Rent Apartment at the Bell & Clapper Property

Tashir Kassam introduced himself as the relatively recent owner of the Bell and Clapper property at 4513 State Road. While the house was previously operated as a Bed and Breakfast, he and his wife plan to use it solely as their residence. He requests approval from the Board to use the rear apartment attached at the back of the house as a rental.

Mr. Kassam said he and his wife have been restoring the Bell & Clapper to its glory days, and they wish to rent out the 2 bedroom apartment to help fund this effort. He displayed his Use & Occupancy Permit for the Bed and Breakfast, which is classified as an R-1 Use by Labor & Industry. He requests that an R-2 designation be approved to allow the apartment. Mr. Kuhn said he recalled the apartment had been rented about 20 years ago, before the house was converted to a B & B, and asked if this would give it a “grandfathered” accepted use. Mr. Thompson said in order to use part of the property for a separate use, the existing conditional use approval must be amended by a new application. This would provide a record in writing moving forward.

In response to Mr. Kuhn’s question, Mr. Kassam confirmed there is a sense of urgency in renting the apartment to a friend who has an immediate need.

Mr. Kuhn asked if the Board can approve the apartment use temporarily, and Mr. Thompson responded yes. He said there are different standards for R-1 and R-2 uses, such as accessibility requirements. Mr. Kohli said the BCO can look at this.

Mr. Philips asked if there are limits to how many units could be created there. Mr. Kuhn said the house has one common kitchen, which worked for the B & B but wouldn’t work to add any more units to the house.

Mr. Thompson suggested the Board consider a 21 day temporary approval, with Mr. Kohli’s discretion to enforce after this time elapses. Mr. Kuhn cautioned Mr. Kassam that the conditional use application could be denied.

Mr. Kuhn moved to follow Mr. Thompson and Mr. Kohli’s guidance, and to grant temporary approval for apartment use. Mr. Rodgers seconded. Mr. Willig called for discussion. Mr. Philips said he’d like to specify that the approval should be limited to rental of the single apartment only, and Mr. Kuhn accepted this as an amendment to his motion. Mr. Rodgers seconded. Mr. Willig called for further discussion, and there being none, called the vote. All were in favor.

J. Loew & Associates Offer of Parcels abutting the Commons @ Great Valley

Mrs. Csete referred to the two parcels offered to the Township by J. Loew and Associates as open space. At the 10/3/11 meeting, the Board asked Mrs. Csete to inquire as to whether J. Loew & Associates would be willing to continue maintenance of the parcels as part of the Commons @ Great Valley. She has since received a response from him that they perform no maintenance of these two parcels. Mr. Kuhn said these parcels could serve as potential trail links.

Mr. Kuhn moved to accept J. Loew and Associates’ offer of parcels #35-4-98 and 35-4-107, and Mr. Philips seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Request for Second Extension to Agreement of Sale Deadline for Thompson Acquisition

Mr. Thompson referred to the draft second amendment to the Agreement of Sale of Development Rights for the Thompson property, which the family requests as they need additional time to meet the conditions of the Agreement. Mr. Kuhn moved to approve the extension to the Agreement of Sale Deadline for the Thompson acquisition, and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Exeter LP Extension of Decision Deadline to 1/15/12

Mrs. Csete said the Board received a letter dated 11/30/11 from Denise Yarnoff, Esq. requesting an extension on the time for the Board to render its decision on the final land development plan for Exeter to January 15, 2012.

Mr. Philips moved to accept the request for extension to 1/15/12, and Mr. Rodgers seconded. Mr. Willig called for discussion, and their being none, called the vote. All were in favor.

Bluehowell Properties Extension of Decision Deadline to 4/15/12

Mrs. Csete said the Board received a letter dated 12/5/11 from Michael S. Gill, Esq. requesting an extension on the time for the Board to render its decision on the final land development plan for the Bluehowell Properties Minor Subdivision Plan to April 15, 2012.

Mr. Philips moved to accept the request for extension to 4/15/12, and Mr. Piliero seconded. Mr. Willig called for discussion, and their being none, called the vote. All were in favor.

Traffic Signal Maintenance Contract for 2/1/2012 – 1/31/2013:

Mrs. Csete said the three year agreement with Armour & Sons Electric was expiring at the end of January 2012, and the Township has the option of extending it further or going out to bid. The Board directed her to seek bids for the 2012 Maintenance Agreement.

Designation of Agent Resolution

Mrs. Csete said that in order to apply for FEMA reimbursement funds for the costs associated with storms Irene and Lee, the Board must designate an agent to submit the forms and documents and asked that they appoint her for this task.

Mr. Philips moved to approve Resolutions #760-2011 and #761-2011 designated Linda Csete as Agent for seeking financial assistance from FEMA for Hurricane Irene and Tropical Storm Lee respectively, and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Tax Levy Resolution for 2012

Mrs. Csete noted that the real estate millage, local services tax, real estate transfer tax and earned income tax for 2012 remain the same as in 2011. The Per Capita Tax is set at $0.00. She explained that the Board is proposing the elimination of the $10.00 Per Capita Tax, and she said this tax of $10.00 for each resident over 18 years of age only brings in about $15,000, is collected unevenly, and confuses residents because it requires a separate bill and payment. In the event these funds were needed, it would be simpler to make a tiny adjustment to the real estate millage instead.

Mr. Philips moved to approve Resolution #762-2011 setting the taxes for 2012, and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Budget Resolution to Adopt 2012 Budget

Mrs. Csete said the Board reviewed the proposed budget materials at a meeting on November 1, 2011. Input had been received from the Chairs of the various boards, commissions and committees.

Mr. Kuhn moved to approve Resolution #763-2011 adopting the Budget for 2012 as drafted 11/4/11, and Mr. Rodgers seconded. Mr. Willig called for discussion, and there being none, called the vote. All were in favor.

Schedule and Authorize Advertisement for Reorganization Meeting

Mr. Rodgers moved to authorize advertising of the Reorganization meeting and first business meeting for January to be held Tuesday, January 3, 2012, 7:30 p.m. at the Great Valley Middle School, room 154, 255 Phoenixville Pike, Malvern PA and Mr. Kuhn seconded. Mr. Willig called for discussion, and there being none called the vote. All were in favor.

Other Business

Open Space Program Update

Mr. Kuhn provided an update on the following projects.

Grange Building: He reported that he met with Appraiser Karmody to begin the appraisal process, which is now underway.

Thompson: He recently spoke at length with Ben Thompson regarding the Thompson family acquisition.

Hevner: He hopes to see the Hevner acquisition closed before the end of the year.

Gill: The process is moving forward with the French & Pickering Creeks Trust.

Adjournment

Mr. Willig adjourned the meeting at 8:20 p.m. The next business meeting is scheduled for Tuesday, January 3, 2012, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.