MARCH 2, 1992

The Charlestown Board of Supervisors held their regular monthly meeting on Monday, March 2, 1992 at the Charlestown Elementary School, Charlestown Road, Devault.

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

The Chairman called the meeting to order at 8:00 pm.

The following announcements were reported re. Supervisors’ activities during the previous month: Mrs. Ewald met with the Army Corp of Engineers Technical Advisory Committee - Feb. 6; Emory Todd - Preliminary Audit on Feb. 26; President Smith of the Valley Forge Christian College - Feb 6 and 27; attended East Whiteland Township Meeting - Feb. 10; attended Charlestown Hunt Public Meeting - Feb 10; Met with Supervisors and Engineer at Heatherwood site - Feb. 21; Executive Session re. MCF with Supervisors - Feb. 21. Mr. Martin presided at the Charlestown Hunt public meeting - Feb 10; attended site visit to Heatherwood - Feb. 21; attended an Executive Session re. MCF -Feb. 17. Mr. King met with Supervisors and Engineer at the Heatherwood site - Feb. 21; attended the Charlestown Hunt public meeting - Feb. 10; attended the Executive Session - Feb. 17; attended two meetings concerning the proposed dog kennel and veterinarian practice off Merlin Road. At this time the Chairman announced that the Charlestown Oaks plan is available for review at the office along with one circulating copy.

The Chairman read aloud a thank you letter from the Camp Cadet Board of Directors for the donation to the Camp Cadet program, a copy is attached to these minutes. The letter was accompanied with a memento which is on display at the office.

The minutes of February 3, 1992 were approved on a motion made by Mr. KIing, seconded by Mr. Martin. The motion unanimously carried.

Mr. Kling moved to amend the January 6, 1992 minutes, under “rates of pay - Roadmaster” (page 2). Mrs. Ewald seconded the motion, it carried unanimously.

Mr. Martin moved to approve the February 1992 Treasurer’s Report. Mr. Kling seconded the motion, it unanimously carried.

The March 2, 1992 Accounts Payable were reviewed. Mr. Kling moved to approve the payables, subject to clarification re Charlestown Brae. Mr. Martin seconded the motion, it carried unanimously.

Zoning Officer’s Report: Mr. KohIi reported the surface grey water discharge at Brownies Tavern was remedied. An investigation of the property on Union Hill Road, which conflicted with the Township Zoning, revealed two families were living there as a precaution against vandalism, until the property is sold; the drainage problem was due to the washing machine which the occupants have been instructed to refrain from using. Mr. Kohli gave permission to proceed with the work needed on the barn at the Daly property — a nonconforming structure. The application for the proposed pond on the Thompson property was noted and Mr. Kohli will follow up on this matter.

Planning Commission Report: Mr. Churchill stated that the Recycling Committee gave a progress report, they need to gather more information on costs. The Commission reviewed the revised Subdivision/Land Development Ordinance Ray Ott and John Foster have been appointed to the Open Space Task Force.

Roadmaster’s Report: Mr. Hiller reported a quiet month - one storm cleanup and the replacement of stolen stop signs on Maryhill Road.

Mark Connolly was unable to attend the Supervisors’ meeting to give a report from the the Parks and Recreation Board. However, it was noted the June 13 has the summer games at Charlestown Park. A further report from this scheduled for the March 16th meeting of the Board of Supervisors.

Janet Baldwin informed the Supervisors that the Historic Commission would like to see the flagpole, to be donated by the Patriotic Order of the Sons of America, be placed in the same location, but just inside the wall of the Revolutionary Cemetery.

Thomas Yeakle, representative on the Valley Forge Sewer Authority, read a letter from VFSA General Manager, Joseph Bateman, addressing the sewer extension plan for Charlestown Hunt. At this time, the only official plan submitted shows the extension of a gravity line to connect the development at Rt. #29. No plan for a pumping station has been submitted, according to this letter. A discussion on the two ways of handling this development’s sewage followed. Stephen Winckelman, representative on the VFSA, reported the Panilquin plan was received and reviewed. Mrs. Ewald would like to see either Mr. Yeakle or Mr. Winckelman give the Supervisors a quarterly report.

The Chairman introduced Dr. Wesley Smith, President of the Valley Forge College, and his colleague, Mr. Capuzzi. Dr. Smith addressed the possibility of having to move the college to another site due to financial difficulties resulting finding of asbestos in seventy buildings. He listed the options open to the College. After further discussion and a time of questioning, it was agreed to propose a meeting between the three adjoining Townships, the Borough of Phoenixville and the College, tentatively scheduled for 7:00 pm on March 16th.

Mr. Martin reported that a hearing has been scheduled for 10 am, Thursday, April 2, 1992, before Ross Unruh, Esq., the Special Master appointed by Judge Wood re. the Charlestown Hunt Final Plan.

Mr. McErlane stated that on March 2, 1992, the Title owner of the property of which MCF is subject filed a petition to intervene in the Court proceedings filed by MCF, the developer, asking the Court to allow the intervention and hold the Township for contempt for failure to work out the terms of Judge Gavin’s Order issued May, 1 990. In answer to questions from the attendees, Mr. Martin explained that the houses of this development are to be built in Tredyffrin Township with the access coming down hill through the former Osgood property in Charlestown Township to Howell Road. Mr. Kling further noted that the proposed access road coming straight down the steep slope was in violation of the Township Ordinance and created a problem with stormwater management. A hearing is to be held on March 23 at 11am.

An Amendatory Ordinance requiring a Use & Occupancy Permit when there is any change in the use, occupancy, tenancy or ownership of non residential land, building, or structure is being prepared by Counsel. Mr. McErlane noted the procedure is to refer this amendment to the Township Planning Commission, submit to the Chester County Planning Commission, advertise twice, once a week for two successive weeks 14 days prior to a public hearing.

The amendment to the Subdivision Ordinance requiring an extra plan be submitted for the Fire Company is being drawn up by Counsel.

The Conditional Use re special counsel (see Feb. 3 minutes) was discussed, then tabled until the March 16th meeting.

The Spring Road Tour was set for April 4th at 9 pm, subject to confirmation with the Road master.

Mr. Martin listed the following Open Space Task Force: Board of Supervisors - all three members, Parks Board - Mark Connolly, Charlestown Planning Commission - Ray Ott and John Foster. A planner will be supplied by the Chester County Planning Commission to attend two or three key meetings. Within 30 days, three copies of the signed Grant Agreement and the list of Task Force members must be returned to the County. Mr. Kling made a motion to approve the paperwork, Mr. Martin seconded the motion, it unanimously carried. A consultant was discussed. The first meeting of the Task Force will be held at the Nature Center on April 1, 1992, at 7 pm. The meeting is open to the public.

Mr. Kling moved to approve the Oak Hill Escrow Release in the amount of $3,430, Mrs. Ewald seconded the motion, it so carried.

The Electric Contract was tabled until the March 16 meeting.

The Supervisors signed the paperwork to purchase the CID.

The Chairman introduced Andrew Ewald, representative of the Great Valley High School Ecology Club. Andy informed the Board that the Club is proposing to do the same clean-up of major roads in the Township as last year. He requested help from Townwatch to handle traffic and trucks to haul the trash. The Chairman noted that the Club has adopted the highway from the school to beyond the traffic signal at Rt. #29. The date of the clean-up is set for April 25th. Mrs. Ewald asked Andy if the Club would also work on the Revolutionary Cemetery in preparation for a tour in May by the Friends of Independence Hall.

David and Linda Force, owners of lot 12 of Four Oaks, submitted through their attorney of Siana & Shields, an application for a Road Occupancy Permit in connection with their proposed construction of a driveway access onto Whitehorse Road. Mr. KohIi reviewed the approval of this subdivision calling attention to the restriction of only one common driveway onto Whitehorse Road. The Applicants also proposed a small lane from their garage to Union Hill Road. After a discussion, Mr. Kling moved that the original plan for a single access onto Whitehorse Road be upheld and that the lane onto Union Hill Road be submitted to the Planning Commission. Mrs. Ewald seconded the motion and it carried unanimously.

The Delaware River Basin Commission has requested the Township to adopt an Ordinance limiting plumbing for all new construction to be of the water conservation type. Mr. Kohli will review the matter which was then tabled until the March 16 meeting.

Three parcels of land were transferred by the Bartschi Foundation, but only two showed up on the transfers. There is some confusion as to this and the matter was tabled until further information can be obtained. Mr. McErlane will investigate the background.

Appointments re. the Township auditors was tabled until the March 16 meeting. Mrs. Ewald stated that she would like to see Emory Todd be the independent auditor for 1993 and she also noted that Gary Pilgrim and Omar Hijab have offered their services for consideration.

The Chairman announced that the Supervisors will meet briefly with Mr. McErlane after this meeting re. the MCF lawsuit.

Mr. Kling moved to adjourn the meeting. Mr. Martin seconded the motion, it unanimously carried.

Respectfully submitted,

Ruth W. Buckwalter