FEBRUARY 4, 1991

The Charlestown Board of Supervisors held their regular monthly meeting 8:00 pm Monday, February 4, 1991, at the Charlestown Elementary School, Devault.

Present: Irene W. Ewald, Chairman; John C. Martin, Jr., Vice Chairman; Vincent G. Kling, Sr., member; Surender Kohli; James E. McErlane, Esq.; Ruth W. Buckwalter; and those on the attached list of attendees.

Mrs. Ewald called the meeting to order at 8:10 pm.

Mr. Kling moved to approve the minutes of the January 7.10. and 15. 1991. meetings. Mr. Martin seconded the motion, it so carried.

Mr. Martin moved to approve the January 1991 Treasurer’s Report. Mr. Kling seconded the motion, it so carried.

The February 4 Accounts Payable were reviewed. Mrs. Ewald noted that the Treasurer should withhold the Occupational Privilege Tax from next month’s payroll, if she has not already done so. Mr. Martin questioned check #6380, made out to National Lands Trust. This was a bill received for services rendered to the Planning Commission and so was given to Michael Churchill for his review to be resubmitted next month. Check #6382, made out to Devault Postmaster, was voided since this was paid out of petty cash. With the exception of these two checks, Mr. Kling moved to approve the February 4 Accounts Payable. Mr. Kling[^Martin] seconded the motion, it so carried.

Zoning Officer’s Report: Mr. Kohli reported no Building Permits were issued during January. He submitted a Use & Occupancy report for the files. He also reported: 1) There was an inquiry from Warner Quarry re the erection of an executive office building on their 8 acres at the corner of Yellow Springs Road. Water and sewage facilities were discussed and Mr. Kohli is waiting further word at this time. 2) Devault Quarry has submitted a formal application to the Planning Commission for changes on their property. 3) A letter of complaint against Mr. Goslin. Pickering Dam Road, re excessive noise and a commercial business, was received and “investigated. Mr. Goslin had been splitting wood on his property using a 5 hp gasoline engine. He removed his equipment from the premises on January 25 and is now in compliance with the Township Ordinance. Mr. Kohli opined this is not a Zoning issue, but a problem between neighbors. 4) A complaint re road work being done on Maryhill Road turned out to be the Valley Forge Sewer Authority’s work and not a private contractor, as reported.

Planning Commission Report: Michael Churchill reported the Sweet Meadows Subdivision was reviewed by the Planning Commission. Since this subdivision is on the agenda under Old Business, further discussion was delayed until then.

Roadmaster’s Report: Mr. Pyle reported receiving a call demanding the stop signs be removed from Maryhill Road immediately. Mrs. Ewald noted that at the January meeting the Supervisors had decided the stop signs will remain for public safety. Bodine Road. Blackberry Lane and Mine Road need cleaning up – high winds have blown tree limbs and vines to precarious positions. Mr. Pyle estimated this would be 2 days work. The Supervisors gave approval to the Roadmaster on this matter. A price of $67 per ton was given as the cost of having old tires removed from the Township property. Mr. Pyle was given approval by the Board to remove same. He submitted a written report of road work done during the month of January and also a letter he had received from the Township attorney re. Linn V Charlestown Township for the files.

Parks and Recreation Board Report: Bob Elmer submitted a written report for the files. The report dealt with short and long term Objectives and Needs of the Phoenixville Area Soccer Club. Mr. Martin made it clear that the Township has no money available for improvements. Mr. Elmer stated that the Soccer Club, in exchange for a longer term rental agreement (15 yrs. suggested) will finance improvements on the buildings. Before a longer term agreement can be arranged, Mr. McErlane would like to have a list of improvements for which the Soccer Club will be responsible. Mr. Elmer said he would procure such a list. Mrs. Ewald stated the Supervisors would accept, within reason, the charges for the services of Mr. McErlane and Mr. Kohli.

Mary Jane Duncan reviewed the fourth Quarter Townwatch Report, listing the State Police activity in the Township. The written report, submitted for the Township files, also included a table showing activity by the quarter for 1990. Mrs. Ewald noted the total calls for 1990 were fewer than those of 1989. Mrs. Ewald thanked Mary Jane for the report.

Robert G. Dobson, Fire Chief of the Kimberton Fire Co.. reviewed his written report on the breakdown of calls received for the year 1990 and for the month of January, 1991. A copy of this report is in the Township files. Mr. Dobson congratulated Charlestown Township for not having a single false alarm call. He stated the Fire Company’s 1991 Budget is not as yet finalized. Mrs. Ewald thanked Mr. Dobson for coming to the meeting to give his report.

Mr. Churchill reported on the Preliminary/Final plan for Sweet Meadows, a 2 lot subdivision on Mine Road. The Planning Commission has reviewed the plan several times, keeping in mind the future subdividing of further properties along Mine Road which is only 15’ to 16’ wide. The Planning Commission approved the plan, subject to the comments as contained in the January 8, 1991, Commission minutes (see also Mr. Kohli’s letter of Feb. 4, 1991). Mr. Kohli noted that the plan, as submitted, is not in compliance with the conditions set forth by the Planning Commission and therefore cannot be recommended for approval at this time. Mr. Kling recommended the statements of Messrs. Kohli and Churchill be shown on the plan. Mr. Willson gave a time extension until March 4, 1991.

Newcomen Road was discussed, the issue being whether this road is in Charlestown Township or West Pikeland Township. Mr. Kohli stated the Township’s PENNDOT maps show the Townships’ boundary line being the center of the road. Mr. Pyle verified this fact. Mr. Martin will respond to West Pikeland’s most recent letter, dated January 18, 1991.

A draft Escrow Fund Ordinance, prepared by Mr. McErlane, was reviewed. Mrs. Ewald would like to see a monetary penalty written into this Ordinance to discourage subdividers from allowing Escrow Funds to be depleted while still incurring expenses. Mr. McErlane stated the MPC is not clear on the issue and he finds no legal justification for such a penalty. After further discussion, Mr. Kling made a motion to approve advertising the Ordinance with the inclusion of a penalty clause. Mr. Martin seconded the motion, it carried unanimously. This Ordinance will be again discussed at the March 4 meeting.

The appointment to HARB was deferred until the March 4 meeting.

The Supervisors received a letter from Mr. James E. Schinski re the improper use of the turnpike rest area near his home. Mr. Pyle stated the rest area is the same as all turnpike rest areas from Philadelphia to Pittsburgh and is used mainly by truck drivers as a pull off area for resting. No facilities are provided. Mr. Pyle said he has passed the area ten times a week during the past four years and has never seen anything out of order. No action was taken.

To date, the Turnpike Committee has not firmed up the proposed date of February 27 for the public meeting for Charlestown residents, nor have copies of the proposed plans been received as requested by the Board. The Secretary was instructed she need only advertise this meeting one time.

The Chester County Assn. of Township Officials will hold their Annual Spring Convention on March 7 at 9:00 am in Exton. The three members of the Board of Supervisors and Mr. Kohli will attend.

Mr. Martin read aloud a letter from PENNDOT re the construction of warning devices where Conrail crosses Buckwalter Road. The estimated cost for engineering and construction is $79,800, 90% of which will be federally funded. Mr. Martin expressed the hope that Schuylkill Township will split the remaining 10%, as this road lies in both Townships.

Mr. Shindler has requested guidance from the Board as to procedure re Aldham Hills Subdivision. He would like to split out the historic property and develop this area separately. He also needs a time extension. Janet Baldwin, representing HARB, stated that Mr. Dixon has given a temporary easement to access the historic area. Following a discussion on the issues involved, Mrs. Ewald asked Mrs. Baldwin for a copy of Mr. Schindler’s letter of October 22, 1990, for the Township files. Mr. Kohli stated he would like to have in writing what Mr. Schindler plans to do.

Mrs. Ewald read aloud a letter received from John Spangler, attorney for C.R.E.W. re Charlestown Oaks. Mr. Spangler requested the letter be made a part of the minutes of this meeting.

Mr. Martin reported that a further public meeting re Charlestown Hunt will be held on February 7, 1991, at the Barn of the Nature Center. He stated that Mr. Kaplin thinks progress has been made, but Mr. Martin questions how progress can be made when no one is authorized to render a decision. Therefore, a Petition for Appointment was filed in the Chester County Court of Common Pleas requesting John C. Martin, Jr., be named sole Hearing Officer.

Mr. Kling reported that he, along with Mrs. Ewald and Surender Kohli, walked the Heatherwood tract on Howell Road on Saturday, Feb. 2 in response to complaints from neighboring residents re extensive tree taking, noise, and mud on Howell Road. The property is being logged by Weaber & Sons. Mr. Kling expressed much concern over the indiscriminate manner in which this was being handled, particularly in view of the sloping terrain and soil erosion. He feels there is a need for some kind of supervision of logging in the Township. After further discussion, it was agreed that Mr. McErlane will draft an Amending Ordinance to address this issue to be reviewed by the Board at their March 4 meeting.

The Escrow Release for Rosewood Farms was tabled until the March 4 meeting. The December and January lists of correspondence were reviewed.

All business being completed, Mr. Martin moved to adjourn the meeting, Mr. Kling seconded the motion, the meeting was adjourned – 11:15 pm.

Respectfully submitted,