DECEMBER 16, 1991

The Charlestown Township Board of Supervisors held a meeting on Monday, December 16, 1991, at the Charlestown Elementary School, Charlestown Road, Devault, PA.

Present: Irene W. Ewald, Chairman; John C. Martin, Jr., Vice Chairman; Vincent G. Kling, Sr., Member; Thomas Oeste, Esq.; Ruth W. Buckwalter, Secretary; and the attached list of attendees.

The Chairman called the meeting to order at 8:05 pm.

Announcements: Mrs. Ewald announced the following meetings -1) Just preceding this meeting, the three Supervisors met for a final review of the proposed 1992 Budget. 2)During the last two weeks, three other meetings were held - one with engineers re the Charlestown Oaks plan, located at Phoenixville Pike and Yellow Springs Road; one with the planning consultants also re Charlestown Oaks: and one meeting with the engineers re Charlestown Meadows, located at Newcomen Road and Rt. 401. All three meetings were for technical review purposes and were attended by the Chairman.

The Chairman asked for a motion of approval on the minutes of November 25. 1991. Mr. Martin amended page 3 of the minutes, line 31, after the sentence ending with “appoint an independent auditor for Charlestown Township” to insert “Mrs. Ewald further stated that a petition was circulating in the Township, however, it was not presented to the Board of Supervisors.” [Amended 1-6-92 RWB.] Mr. Martin moved to approve the minutes as amended. Mrs. Ewald seconded the motion, it so carried.

Mr Martin amended the minutes of December 2. 1991. as follows: page 3, line 9, “Mr. McErlane presented a petition” insert “to the Court” etc. and page 3, line 32, after “reduced” strike out the remainder of the sentence. Mr. Martin moved to approve the December 2 minutes as twice amended. Mr. Kling seconded the motion, it so carried.

The December 16 Accounts Payable were approved on a motion made by Mr. Kling and seconded by Mrs. Ewald. Mr. Martin objected to the letter of October 26, written by Lamb, Windle & McErlane, having to do with assessment appeals. Mr. Martin stated he is opposed to the Township spending taxpayers money to fight Township taxpayers, appealing assessments is a private matter between taxpayers and the Board of Assessment. Mrs. Ewald and Mr. Kling voted “aye” on the above motion, Mr. Martin voted “nay”. The motion carried.

The Chairman noted the Treasurer’s comparison report on C/D rates as opposed to PLGIT re the escrow funds for Phoenixville Pike. This should be thought of for action at the January meeting.

Roadmaster’s Report: Dennis Miller submitted his report for the Township files. Road signs were repaired or replaced in approximately 90% of the Township and the Township roads were promptly cleared from the December 14 windstorm. Mrs. Ewald commended Mr. Miller for removing the signs attached to telephone poles located on Township roads.

Mr. Martin gave a brief update on the Open Space Grant application he had filed with the County. An amendment was requested by the County which Mr. Martin has submitted. A further report will be given at the January meeting.

Mr. Martin made the motion to approve $600 be paid to the Northern Chester County Nursing Services. Mrs. Ewald seconded the motion, it was unanimously carried. At this time, Mrs. Ewald noted that the Township’s contract with the SPCA was increasing to the point that she would like to find another way to go next year.

The next item on the agenda was the 1992 Budget. The Chairman reviewed the carryover of funds for 1992 and also the monies owed to the Township by developers for engineer and planning consultant fees. After a discussion, Mrs. Ewald proposed the property tax for Charlestown Township be increased by 3 mills, making a total of 11.5 mills for the year 1992. The Chairman read aloud Resolutions #448-91 and #449-91 having to do with the 1992 Budget and millage increase. Mr. Martin moved to approve the Resolutions, Mrs. Ewald seconded the motion which was unanimously carried.

Lou Moskowitz came to the Board to request for consideration a Conditional Use approval in order that he might have a clinical psychology in-home-office on the property of Stinson Markley. The property is 18.8 acres for which he has an Agreement of Sale. Mr. Moskowitz outlined his qualifications and background. Mr. Kling questioned the size of the proposed parking lot, the size of the house with the office addition (5,000 sq. ft. living quarters and 900 sq. ft. patient care), sanitation facilities and water management plan. Mr. Martin requested the Township be reimbursed for User Fees. Mr. Kling moved to grant a Conditional Use approval as outlined in correspondence and commented on at this meeting, including size of parking area, scale of operation, outside use and generally in keeping with the residential mood of the area. Mrs. Ewald seconded the motion, it so carried. Mr. Oeste will write a letter of decision to Mr. Moskowitz.

The Chairman reviewed the status of the Panilquin Subdivision. At this time, the Township does not have a complete application. Some of the material submitted refers to different plans, some even to a different subdivision. After a discussion, Mrs. Ewald noted the time clock is running out on the plan and recommended the Supervisors deny the plan. Mr. Oeste was requested to frame the denial in the proper context for the Board. He stated “The motion is that the final plan of the Panilquin Subdivision be denied for failure to comply with Section 405 of the Charlestown Township Subdivision/Land Development Ordinance setting forth the requirements of the final plan. This failure includes the failure to put covenants and restrictions in final form and declaration of covenants and restrictions according to the Ordinance. The plan has not been updated to meet all the comments of the Planning Commission. Lot numbers referred to in the covenants are inconsistent with lot numbers on the plan.” The Solicitor will prepare this written decision to be sent to Mr. Panizza. Mrs. Ewald so moved, Mr. Kling seconded. Mr. Martin moved to amend the motion to include in the denial “and other reviews submitted by the Township Engineer”. Mrs. Ewald seconded the amended motion, it carried unanimously.

Three copies of the Escrow Release #10 for the Oak Hill Subdivision were submitted by Mr. Kohli for signatures. Mr. Martin noted that the name of the road in this plan is confusing and the Applicant should change it. Mr. Kling moved that the Escrow be accepted and that the name of Oak Road be changed to another name. Mrs. Ewald seconded the motion, it carried unanimously.

Mr. Martin questioned the letter sent to the elected auditors by the Chairman informing them of Judge Shenkin’s signature on an Order appointing Emery S. Todd, CPA, as independent auditor for 1992. His objection is based on the hearing of this issue scheduled for January, 1992, in the Chester County Court at which time the appointment may or may not stand. Mr. Oeste confirmed this by stating that Mr. Todd has the appointment until the hearing, at which time it could be reversed.

John DeLello called the Supervisors’ attention to the hazardous flooding conditions on Charlestown Road by Ott’s Fur Shop. The road is a PENNDOT road. Mr. Kling volunteered to take pictures of this condition and mail them with a letter to PENNDOT.

All business completed, Mr. Kling moved to adjourn, Mrs. Ewald seconded the motion, it so carried. The meeting was adjourned - 10:00 pm.

Respectfully submitted,