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August 10, 2005

WEST GOSHEN TOWNSHIP
BOARD OF SUPERVISORS MEETING
August 10, 2005

A regular meeting of the Board of Supervisors of West Goshen Township was called to order by Chairman Edward G. Meakim Jr., at 4:08 p.m. on Wednesday, August 10, 2005, at the West Goshen Township Administration Building.  All members were present. Mr. Meakim opened the meeting with the Pledge of Allegiance to the Flag.

Mr. Meakim opened the floor for public comment.  No comments were made.

Mr. Joseph E. Brion, Esquire, Township Solicitor, announced that Supervisors Hearing S-08-05, the application of Brian and Ellen McFadden, which was scheduled to be heard on this date, is continued to a date certain of September 28, 2005 at 4:00 p.m.

Mr. Meakim announced that the Board of Supervisors met in Executive Session on
August 10, 2005, to discuss real estate matters.

On motion by Ms. McIlvaine, seconded by Dr. White, the Board unanimously approved the Board of Supervisors minutes from July 13 and July 27, 2005.

On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved the Treasurer's Report dated July 31, 2005 for the General Fund, the Sewer Revenue Fund, the Waste and Recycling Fund, and the Capital Reserve Fund, as well as the bills to be paid from the General Fund, the Sewer Fund, the Capital Reserve Fund, and the Waste and Recycling Fund except for an invoice from the West Chester Area School District for real estate taxes in the amount of $1,813.98.

Chief Michael Carroll gave the Police Report for the month of July 2005.

Mrs. Evelyn Baker, 900 Sheridan Drive, asked how many of the alarms in the police report were valid and Chief Carroll answered that there were 118 alarms and that 11 were valid.

Ms. Andrea Testa, Fire Marshal, gave the Fire Marshal Report for the month of July 2005. Ms. Testa also gave the report for Good Fellowship Ambulance. The report for Goshen Fire Company was not available.

Mr. Richard Hicks, Building Official, gave the Building Inspection Activity Report for July 2005.

The following bids for the 2005 Base Reconstruction were opened and read by Mr. Richard Craig, Township Engineer:

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Vendor

Total Amount of Bid

DiRocco Brothers,Inc.
501 Montgomery Avenue
West Chester, PA 19380

$102,373.25

Allan A. Myers
P.O. Box 98
Worcester, PA 19490

$151,490.75

On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved awarding the bid to the low bidder pending a review of the bids by Mr. Craig.

Prior to the consideration of Resolution 22-2005 revising and re-adopting the West Goshen Township Fee Schedule, Ms. Sharon Lynn, Township Manager, said that the Fee Schedule is reviewed and re-adopted on an annual basis. She said that the schedule will include a $500.00 fee for appeals to the West Chester Area Council of Governments' Appeals Board.

Mrs. Baker asked what the $500.00 fee was for and Dr. White responded that previously appeals regarding building permit decisions were submitted to the West Goshen Township BOCA Board but that they are now heard before the West Chester Area Council of Governments' Appeals Board. Dr. White said the $500.00 is used to cover the cost of advertising the hearing and other expenses related to the appeal.

On motion by Mr. Meakim, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 22-2005 revising and re-adopting the West Goshen Township Fee Schedule.

Prior to the consideration of Resolution 23-2005 for future fee adjustments and amendments Ms. Lynn said that this resolution will allow the Board to review and possibly change the schedule of fees as needed.  In response to a question from Mrs. Baker, Dr. White said that this will remove the need to review the Fee Schedule annually and will allow changes when they are necessary.

On motion by Dr. White, seconded by Ms. McIl- vaine, the Board unanimously approved Resolution 23-2005 for future fee adjustments and amendments.

On motion by Ms. McIlvaine, seconded by Dr. White, the Board unanimously approved Resolution 24-2005 setting the date of September 14, 2005, for a Public Hearing to consider the Conditional Use application of Cellco Partnership, d/b/a Verizon Wireless for the co-location of a wireless communications facility on an existing wireless communications tower and facility located at 1025 Paoli Pike.

Prior to the consideration of Resolution 25-2005 giving authorization to the West Chester Area Council of Governments (WCACOG) to negotiate a franchise agreement with Verizon PA, Inc., on behalf of WCACOG communities for cable television service, Dr. White said that at the present time only Comcast Cable is franchised in West Goshen Township to provide this service.  He said that Verizon would provide competition for Comcast in the Township and that by combining with other municipalities through the WCACOG a better agreement for West Goshen Township could be reached.  He said that all of the municipalities will provide the WCACOG with $500.00 to cover the legal costs of the negotiations.

On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 25-2005 giving authorization to the West Chester Area Council of Governments (WCACOG) to negotiate a franchise agreement with Verizon PA, Inc., on behalf of WCACOG communities for cable television service.

On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved a Final Land Development Plan for a 5,600 square foot building addition for Cephalon, Inc., located at 201 Brandywine Parkway.  Mr. James Kimmell, Director of Engineering for Cephalon, was present to represent the plan.

Mr. Meakim opened the floor for public comment.

Mrs. Baker asked about the tax invoice from the West Chester Area School District that was not approved for payment.  Mr. Meakim said the bill was for the Nextel tower which is located on Township property.  Dr. White said it was determined by the School District that since the Township is receiving revenue from the tower, the Township should pay real estate taxes on it. Dr. White said that because, when the School District applies for construction permits in West Goshen Township, all fees are waived and that the School District uses Township rooms for seminars and training free of charge, the Board has decided to appeal the tax billing to the School District.

Ms. Karen Kent, 1211 Grove Road, said that speeding on Grove Road has become a serious problem. She said she had called the West Goshen Township Police and a police car was posted in the area for one day but that it did not help with the problem. Chief Carroll said that the Traffic Unit will do a traffic study and monitor the traffic on the road.

There being no further business, on motion by Ms. McIlvaine, seconded by Dr. White, the meeting was adjourned at 4:29 p.m.

       Respectfully submitted,

       Sharon Lynn
       Township Manager

 

West Goshen Township
Supervisor Hearing
August 10, 2005

S-07-05
Supervisor Hearing S-07-05, which was duly advertised, was called to order by Chairman Edward G. Meakim at 4:45 p.m. All members were present.

Ms. Kristin Camp, Esquire, was present to represent the Township.  The hearing was for the consideration of Ordinance 07-2005, amending the West Goshen Township Revised Zoning Ordinance of 1990, which is codified as Chapter 84 of the West Goshen Township Code, to allow outdoor dining as an accessory use to a stand alone restaurant in the C-2, C-4 and C-5 Zoning Districts, to allow noncommercial athletic courts as an accessory use to a single family dwelling the Residential Zoning Districts subject to specific criteria set forth herein; to add a definition for "Convenience Store" and to permit such use in the C-1 Zoning District by Conditional Use of the Board of Supervisors; to add a definition for "Pharmacy/Drug Store" and to permit such use in the C-1 and C-2 Zoning District by Conditional Use; to add specific regulations for a Convenience Store and Pharmacy/Drug Store; and to amend the use regulations for the C-5 District to remove Automobile Body Repair and Automobile Repair Shops as permitted uses and to allow such uses in the I-2 District.

See Court Reporter's Transcript

On motion by Dr. White, seconded by Ms. McIlvaine, the Board unanimously approved Ordinance 07-2005, amending the West Goshen Township Revised Zoning Ordinance of 1990, which is codified as Chapter 84 of the West Goshen Township Code, to allow outdoor dining as an accessory use to a stand alone restaurant in the C-2, C-4 and C-5 Zoning Districts, to allow noncommercial athletic courts as an accessory use to a single family dwelling the Residential Zoning Districts subject to specific criteria set forth herein; to add a definition for "Convenience Store" and to permit such use in the C-1 Zoning District by Conditional Use of the Board of Supervisors; to add a definition for "Pharmacy/Drug Store" and to permit such use in the C-1 and C-2 Zoning District by Conditional Use; to add specific regulations for a Convenience Store and Pharmacy/Drug Store; and to amend the use regulations for the C-5 District to remove Automobile Body Repair and Automobile Repair Shops as permitted uses and to allow such uses in the I-2 District. 

On motion by Mr. Meakim, seconded by Ms. McIlvaine, the hearing was closed at 4:56 p.m.

 

West Goshen Township
Supervisor Hearing
August 10, 2005

S-09-05
Supervisor Hearing S-09-05, which was duly advertised, was called to order by Chairman Edward G. Meakim at 4:57 p.m. All members were present.

Mr. Joseph E. Brion, Esquire, was present to represent the Township.  Mr. Louis J. Colagreco, Jr., was present to represent the applicant.  The hearing was for the consideration of the application of Jerrehian, a Pennsylvania General Partnership and Pulte Homes of Pennsylvania, Limited Partnership seeking to amend the West Goshen Township Revised Zoning Ordinance of 1990, as amended, which is codified in Chapter 84 of the West Goshen Township Code. Jerrehian is the legal owner of 446.3 acres of property located at the northwest corner of the Route 322 Bypass and Phoenixville Pike.  The Property is located in the R-3 Residential Zoning District and is currently improved with a country house estate with residence mansion as well as three single family detached dwellings and various outbuildings.  Pulte is the equitable owner of the Property who seeks to subdivide and develop a portion of the Property using a flexible design option.  The proposed Zoning Amendment would apply to all properties in the Township which are zoned R-3 and to all Country House Estates in the Township and does not include an amendment to the West Goshen Township Zoning Map.

See Court Reporter's Transcript

The hearing was recessed at 6:00 p.m. and resumed at 6:12 p.m.

At 7:04 p.m. after the testimony of one witness,
the hearing was continued to a date certain of
September 14, 2005, at 4:00 p.m.

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