NOVEMBER 25, 1991

A meeting of the Charlestown Township Board of Supervisors was held on Monday, November 25, 1991, at the Charlestown Elementary School, Charlestown Road, Devault, PA, This second meeting of the month was held for the purpose of continuing the business of the November 11th meeting.

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

The Chairman called the meeting to order at 8:10 pm.

Mr. Snyder was called upon to give an update on Charlestown Brae. He noted that there had been an Executive Session immediately prior to this meeting re. Charlestown Hunt, which, as in the case of Charlestown Brae, is in intensive negotiation. Mr. Kling stated that the plan of Charlestown Brae before Judge Joyner is an old plan, and his decision can only be if that plan is acceptable or unacceptable. Mr. Snyder said that was correct and added that in the Briefing and Argument before the Court, Rouse/Chamberlin conceded they had not appeared before the Board of Supervisors for the conditional uses applicable to that plan. Therefore, even if the Judge rules approval on that plan, Rouse/Chamberlin will have to apply to the Board for the conditional uses. Mrs. Ewald announced that an Executive Session was held on Saturday, November 16th. An offer has been sent to counsel for Rouse/Chamberlin, but there has been no response to date.

The next item of business was the request of Harry Budenz, Jr. for approval to construct a temporary on-ramp to the PA Turnpike in the area of Rt. #29 and Charlestown Road for the use of his construction crew while doing road repairs. Mr. Budenz presented his drawings for the project and informed the Supervisors that he has permission from the Grange to use their driveway as an off-ramp. His present proposal will require deep cuts into the bank. Mrs. Ewald stated she would like time for the Supervisors and the Township Engineer to look for an alternate route.

Mrs. Ewald reported a field meeting was attended by the Supervisors, members of the Planning Commission and the Township Engineer at the site of the Charlestown Oaks Subdivision. Mr. Kohli explained to the attendees concerned that all run-off water has to be contained in a piping system and be taken downhill to the creek, which requires an impact study on the creek. The Applicant has not submitted this as yet. Mr. Kohli listed other items that have not been done which should be shown on the final plan the Applicant needs to submit.

Mr. Martin reported that nothing happened re. Charlestown Hunt. He is awaiting a revised final plan, at which time the Board will hold a public meeting, possibly in January or February of 1992.

The next item on the agenda was the Panilquin Subdivision. Mrs. Ewald reported the Township office is having difficulty in plan submission according to procedure as set forth in the Township Subdivision Ordinance. The last set of plans were submitted to the Planning Commission and the extra copies were given to the Commission’s Secretary to submit to the office. These were not accompanied by a letter, an application, nor any other paper work. The Secretary wrote a letter to Mr. Panizza informing him the submission of plans must conform to proper procedure. Mr. Kohli said he will instruct the Planning Commission not to accept plans in the future. It was noted that the Board must take action on Panilquin in January 1992.

The stock pile of the Riverdale Quarry has infringed on the adjoining property which is owned by the Township. James Marlowe, Esq., representing the Riverdale Quarry, came before the Board asking for a 5 year renewable lease to rent this piece of ground from the Township. A discussion followed during which several complaints from a nearby resident were aired. Mrs. Ewald then stated she would like to take this to the Parks & Recreation Board for their input on the matter. Should the Township decide to use this ground for a park area, Mr. Marlowe stated it would take the Quarry 6 months to remove their stone plus grade and seed the property to return it to its original state.

Mr. Thomas Floyd, representing the Phoenixville Soccer Club, had previously requested a new lease Agreement between the Township and the Soccer Club. Mr. McErlane had prepared a draft Agreement which he gave to Mr. Floyd along with a copy of the Quit Claim Deed. Both sides will review the Agreement and the matter will be placed on the December 2nd agenda. Mrs. Ewald noted that the soccer program has been the keystone of recreation in this Township.

Mr. Jack Loew came before the Board to request approval of the final plan for phase II of The Commons at Great Valley. Traffic lights, berms, tree plantings, the handling of sink holes, road improvements and $35,000 escrow of funds were some of the items discussed. Mr. Martin made the motion to approve the plan, subject to trie conditions of Mr. Kohli, Mr. Comitta and Mr. McErlane. Mr. Kling seconded the motion, it carried unanimously.

The Chairman reviewed the Board’s attempts to meet with John Samar re. Heatherwood. The meetings never took place.

Newcomen Road has been under discussion for a number of months since West Pikeland Township informed Charlestown Township they would no longer be responsible for maintenance of this road. The possibility of vacating the road was discussed. Mr. Martin felt this was unfair to residents who live on Newcomen Road. He suggested that the two Townships sit down together and resolve the issue. On this basis, Mr. Martin made a motion that Charlestown and West Pikeland Supervisors enter into an agreement for maintaining Newcomen Road. The motion died for lack of a second.

Mrs. Ewald reported on a meeting with representatives from the Public Utilities Commission, Conrail and Schuylkill Township re. Conrail’s track which crosses Buckwalter Road. The meeting was held at the site. Federal funding will cover 90% of the proposed warning signal and the two Townships feel that Conrail should cover the larger portion of the remaining 10% rather than dividing it equally with the Townships. This matter is pending.

The Chairman stated that a new remedial investigation report by the U.S. Army Corps of Engineers has been received re. tests the Corps has done on the VFAH grounds. This report is available to the public at the Township office.

The October Road Tour Report was reviewed.

The annual S.P.C.A. contract was reviewed and discussed. Mr. Martin moved to approve the contract at a cost of $1,197.00. Mr. Kling seconded the motion, it carried unanimously. (This contract allows for a $50 reduction if the contract is mailed before January 1, 1992, and another $50 reduction if the check is mailed before January 31, 1992.)

The 1992 contract with the East Whiteland Volunteer Fire Co. was approved. Mr. Martin moved for the approval, Mr. Kling seconded the motion, it unanimously carried.

The request for funds received from the Northern Chester County Community Nursing Service was tabled until the next meeting.

An independent audit of the 1991 Township’s finances was brought before the Board by Mrs. Ewald. She cited several deficiencies in the performance of the elected auditors’ 1990 report. Mr. McErlane advised the Board that the Township may use the services of an independent auditor, elected auditors, or both. Mr. Martin spoke out against employing an independent auditor. After some discussion, Mrs. Ewald made the motion to approve a Resolution requesting the Chester County Court of M Common Pleas to appoint an independent auditor for Charlestown Township? [Amended 12-16-91 RWB] Mr. Kling seconded the motion. Mr. Martin called for a roll-call vote: Mrs. Ewald - aye; Mr. Kling - aye; Mr. Martin - nay. The motion so carried.

All business completed, Mr. Kling moved to adjourn, Mr. Martin seconded the motion, the meeting was adjourned - 10:55 pm.

Respectfully submitted,