MAY 18, 1992

The Charlestown Board of Supervisors held a second monthly meeting on Monday, May 19, 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, PE; James E. McErlane, Esq.; Ruth W. Buckwalter, Secretary; and those on the attached list of attendees

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

Announcements: May 7-there was an executive session on Charlestown Hunt involving Messrs. Martin, Kohli and Snyder; May 12 & 18-meeting re. MCF; May 12-meeting on Townwatch attended by Mrs. Ewald; May 14-tour of VFCC by the three Townships and the Borough of Phoenixville.

Mr. McErlane reported on MCF, giving a history of the litigation regarding this plan. The issue here is storm water management agreement. Mr. McErlane advised that the Township can require the Developer to post security, but cannot require that the road be built with either a wearing surface nor a final surface before they commence with the homes in Tredyffrin Township. Mr. McErlane then stated he was proposing a settlement which he feels is as much as the law will allow at this time. Mr. Martin voiced his objection to a settlement citing prejudicial comments Judge Gavin made against Charlestown Township on several occasions and the impossibility of controlling the water drainage. At the conclusion of a discussion, Mrs. Ewald noted that an offer in concept was made and accepted on April 29th, but the key point is that both the April 6th and the April 29th options are on the table re. the water drainage. Mrs. Ewald moved to approve the May 18, 1992 Draft Agreement with the condition that all outstanding review fees be paid prior to signing of the Final Plan and that any additional review fees also be paid by the Developer. Mr. Kling seconded the motion. The Chairman requested a roll call vote: Mr. Martin - “no”, Mrs. Ewald -”yes”, Mr. Kling - “aye”. The motion so carried.

Mr. Martin reported on Charlestown Hunt, reading a letter received from Ross Unruh confirming that courtroom #3 has been reserved from 9 am to 12 noon, May 19th, for the continuation of the hearing on Charlestown Hunt. He stated progress was being made and we have a proposed settlement on all issues. Two additional parties have now entered into this, which may, or may not, complicate matters.

Bob Wilson, Esq., representing Nova Design Construction Co. re. Heatherwood, came to the Board with the issue of the financing resolution which he had brought to the last Supervisors’ meeting. In the interim, he had worked with Mr. McErlane and now presented a new resolution. Basically, Mr. Wilson agreed that the Conditional Approval and the Conditional Use Approval of July 7, 1990, plus the Stipulation Agreement of November, 1990, are still in full force. What he is asking for is a means for financing Mrs. Ewald reviewed some outstanding fees and Mr. Wilson agreed to payment of these fees plus the fees incurred for the preparation of the next Agreement. He stated that he was not agreeing to pay fees re. the January action (appeal) because it was only filed and nothing was done. Mr. McErlane revised the Resolution by amending page 1 to include “by reciting the prior approvals and incorporating them by reference”. Mr. Kling moved to approve Resolution #455-92. subject to the final wording being satisfactory. Mr. Martin seconded the motion. It carried unanimously.

Mr. Martin asked Mr. McErlane about the possibility of filing suit against Charlestown Brae. Mr. McErlane replied that this might be an appropriate time to re-initiate a settlement agreement. Mr. Martin wanted assurance that the statute of limitations won’t expire and Mr. McErlane said he would check on the matter.

The Panilquin plan was denied on the advice of Mr. McErlane, who had received a verbal agreement of a time extension which, he noted, is worthless. Mrs. Ewald noted that the Township does not have a final plan, there are still outstanding issues with the Sewer Authority and there is a lack of compliance with Mr. Kohli’s comments. On the basis of the above reasons, Mr. Kling moved to deny the plan, Mr. Martin seconded the motion, it unanimously carried. It was noted that this denial will be suspended if a time extension is given in writing.

No representative for the Oak Hill Subdivision was present. Mr. Kohli said he had received a Building Permit Application for lot 2 which he had denied because the plan showed an easement for a septic system to be built on 19t 2 to service lot 1. Individual septic systems for each lot are required by the Township Ordinances (see letter of May 8, 1992 from Thomas Oeste, Esq., to Ronald Aquinick, Esq.). Subsequently, the easement was removed and a permit was issued for lot 2.

The final draft of the Emergency Operation Plan, put together by Robert Wert, has been put on computer discs and the Secretary was instructed to have 10 copies of the written plan made up and copies sent to the County and the State.

The Township Tax Collector has requested a software package for the Township tax records. Mrs. Ewald stated that a Tax Collector from another township sells this package for about $3,000 which he feels is unreasonable for a township of 850 households. Other means of collecting taxes were discussed. Mr. Kling recommended Mrs. Ewald meet with the Tax Collector.

Mr. Kohli submitted the bid figures for the Secretary to type on PENNDOT forms. Included in the figures were the costs for resurfacing Sycamore Oak and Green Lanes. Mr. McErlane will advertise the bids.

A letter was sent to surrounding townships from West Whiteland Township re. acquiring a portion of Church Farm School property for open space. The letter was sent for the purpose of soliciting input in the project as a joint venture. The Chairman would like the Planning Commission, as well as the Open Space Task Force, to review this concept and make a recommendation.

The East Whiteland Volunteer Fire Company contract, executed this 18th day of May, 1992, setting forth the terms of agreement for fire protection was accepted and a copy of the agreement will be returned to the Fire Company with a check.

The Township Insurance renewal policies were tabled until June 1st meeting.

East Pikeland Township extended an invitation to Charlestown Township Board of Supervisors and the Historic Commission to tour Snyder’s Mill, Kimberton Village and enjoy a light and luscious supper on Thursday, June 4th.

The Eastern Chester County Regional Planning Commission has not been operative for a long time and has a considerable amount of funds in their budget. Mr. Fasic sent a letter requesting a representative from the Township be designated to participate in the negotiation of the disposition of these funds. Mr. Martin designated Mrs. Ewald be that representative.

The report on the examination of the Valley Forge Christian College buildings was tabled until the June 1st meeting.

All business completed, Mr. Kling moved to adjourn the meeting. Mr. Martin seconded the motion and the Chairman adjourned the meeting - 10:20 pm.

Respectfully submitted,

Ruth W. Buckwalter