AUGUST 3, 1992

The Charlestown Board of Supervisors held their regular monthly meeting on Monday, August 3, 1992, at the Charlestown Elementary School, Devault.

Present: Irene W. Ewald, Chairman; Vincent G. Kling, Sr., Member; Surender S. Kohli, P.E.; 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: July 9 - Mrs. Ewald met with citizens of East Pikeland re the broken gate at the Park; July 10 - Supervisors, Mr. Kohli, and engineers from the County and PENNDOT and also Mr. Rocksus from the County Commissioner’s office met re. Bridge #178; July 11 - a tour of Warner Quarry’s lime kiln and landfill sites; July 12 -meeting with East Whiteland Supervisors re issues having to do with both Townships; meeting with Mr. Phillips re. maintenance of the Charlestown Revolutionary War Cemetery; July 14 - meeting with Bill Jones concerning a Proposal to remove vegetation growing into trees at the Park; also a meeting with Ray Pickering and the Charlestown Planning Commission to discuss agricultural preservation areas; July 15 - meeting of the Chamber of Business and Industry on regional transportation; July 16 - another Quarry tour; July 20 - Supervisors met in Executive Session to review and prepare list of legal issues; July 27 - Supervisors met with Messrs. Kohli, Snyder, Featherman and members of the Ott family in an Executive Session re Charlestown Brae; meeting with Messrs. Connolly, Kohli and Major Keim at the Park to review changes to the fields and water management.

Mr. Kling moved to approve the minutes of June 1, 1992. Mrs. Ewald seconded the motion, it carried unanimously.

Mrs. Ewald amended the minutes of July 6.1992, on page 4, paragraph 1, line 8 -the word “access” should be “excess”. Mr. Kling moved to approve the minutes as amended, Mrs. Ewald seconded the motion, it unanimously carried.

Mr. Kling moved to approve the July 1992 Treasurer’s Report. Mrs. Ewald seconded the motion. it unanimously carried.

The Chairman reviewed the August 3, 1992 Accounts Payable stating that check #6929 (State Workmen’s Ins. Fund) needs confirmation from the Treasurer as not being a duplicate payment and also the Treasurer’s confirmation that check #6930 (MCF Depositions) is an appropriate billing to the Township. Mr. Kling moved to approve the Accounts Payable subject to those two exceptions. Mrs. Ewald seconded the motion and it unanimously carried.

Zoning Officer’s Report: Mr. Kohli submitted the list of Building Permits and Use &. Occupancy Permits he issued during the month of July. A new permit form was designed by Mr. Kohli as a Re-Occupancy Permit for non-residential use. The fee for this permit was set at $100. When issued, Mr. Kohli will note on each permit the number of employees and the Secretary will forward a copy to the Tax Collector for Township Occupation Tax information.

Planning Commission Report: The Chairman read aloud a MEMO from Michael Churchill which stated that the Commission unanimously voted to recommend the Township adopt an Ordinance listing requirements for all trash haulers in the Township. At this time, the Commission does not recommend mandatory recycling.

Roadmaster’s Report: Mr. Hiller submitted his written report for the Township files. He stated that mowing is being continued throughout the Township. Also, he met with Mr. Kohli and the VFSA re. work to be performed on Pine Drive. At this time, Mr. Kling reported that he had twice written to PENNDOT requesting the engineer in charge of maintenance to attend tonight’s meeting. PENNDOT declined the invitation. Mr. Kling made a motion that the Supervisors write a letter to a Senior member of PENNDOT re-enforcing our objections to massive roadside spraying and, instead, use that budget to cut by hand the vegetation at curbsides and intersections. Mrs. Ewald seconded the motion, it unanimously carried. Mr. Kohli is presently reviewing PENNDOT’s contract and specs. for summer maintenance of the Township to see if the Township Contractor could take over the process.

Before the Heatherwood Subdivision/Land Development plan was discussed, the Chairman convened the meeting for a 10 minute Executive Session. The Chairman re-convened the meeting and read aloud the following from a memorandum from the Executive Session of 7/27/92: “The consensus was that the Supervisors would approve a change which would allow sale of any of the four lots, with the following conditions: (1) the sale proceeds of the first lot, and any other lots, be applied exclusively to construction and installation of the public improvements, including (for the first lot) installation of the binder course and rebuilding of a retention basin, all to Township specifications; (2) Deisher agreeing; (3) Samar fund the balance of the escrow; (4) all work be done within 60 days, or before the first frost; (5) if the work is not done by October 15, then the Township can use the escrow money to put in the binder course; (6) outstanding engineering and legal fees be paid; (7) Samar withdraws the outstanding appeal. Supervisors will also approve a temporary use and occupancy permit for the existing house for 60 days until the initial paving is done, with all rental proceeds to go into an escrow account and/or fund the subdivision escrow. In addition, Releases will be signed by all people who have a lien on the property, and, the sale of the lots for single family homes only, according to the Township Ordinance. Mr. Kling moved that this process be put into effect by the Board this evening and that Mr. Samar be so informed by Counsel. Mrs. Ewald seconded the motion, it carried unanimously. Resolution #458-92, having to do with Heatherwood Planning Module, was approved for signing on a motion made by Mr. Kling and seconded by Mrs. Ewald. The motion carried unanimously.

Messrs. Pinard, Stanley and Howard presented before the Board the elevation plan for lot #3. Rolling Meadows Subdivision showing elevations as to the adjoining property on which is located an historic home and barn given to the University of Pennsylvania because of its historical significance. The issue is the placement of the proposed new home, which presently shows three stories facing the historic property down the hill. Mr. Kling stated the Supervisors would like to see the relocating of the house so as to be less prepossessing of the hillside and overwhelming tp the little farmstead. The site lines and an areal view were displayed. The plan was discussed at length, afterwhich the matter was tabled until the August 17 meeting.

The Chairman announced that the 911 system update will be given at the August 17 meeting.

The Chairman reported that Howard Yerusalim, Sec. of Transportation, has committed to the rehabilitation of Bridge #1 78 in its current configuration and alignment and the question now is which of two engineering designs will be implemented. The decision will be made by the County Commissioners.

Hough/Loew Associates for Spring Oak Business Center, is proposing to construct an extension to the existing Warner Lane which will by-pass the intersection of Rt. #29 and Phoenixville Pike. Mr. Kohl instructed Hough/Lowe to send all documentation directly to Mr. McCann, the traffic consultant. The question before the Board at this time is to approve a Resolution for the grade crossing construction application, subject to review and possible modification by the Township Solicitor. Mr. Kling moved for approval, Mrs. Ewald seconded the motion, it unanimously carried. Mrs. Ewald made a motion to deny the Spring Oak Business Plan unless a letter of time extension is received, effective 5 days after the first meeting on October due to insufficiency of traffic impact study and other matters. Mr. Kling seconded the motion, it so carried.

The Fire and Ambulance Services of the Township have recommended the Supervisors request and initiate a review by PENNDOT of the section on Rt. #29 between Hollow Road and Devault Crushed Stone. Numerous accidents have occurred on the curves.

The Chairman announced four Ordinance revisions: (1) Recycling Ordinance as proposed by Michael Churchill in a memo to the Supervisors. Mrs. Ewald proposed to have the Solicitor draft the Ordinance. Mr. Kling seconded the motion with the condition that the Ordinance be reviewed by the Supervisors before adoption. The motion so carried. (2) Mrs. Ewald proposed that the FR requirement of 80,000 square feet NET be revised so that either in Sketch, Preliminary/Final plan, whichever is first submission made to the Township, in each stage a composite constraints drawing be required as the first document to be submitted to the Township after the Application; that the composite constraints drawing show the off-site properties up to 1,000 ft., including the buildings, in any direction; and amendment to the number of copies to be submitted to the Township. Mr. Kling seconded the motion, it so carried. (3) The proposed Binder Course Amendment as submitted by Mr. McErlane must first be sent to both the Township and the County Planning Commission for their review and recommendation. Mr. McErlane will do the advertising for these Ordinance amendments. Action will be taken at the September 14 Supervisors’ meeting. Mrs. Ewald moved to approve the above, Mr. Kling seconded the motion, it so carried. (4) The proposed Ordinance amending the uses permitted in the I Institutional District has been advertised by the Solicitor and sent to the County Planning Commission for their review. The Township Planning Commission needs to have a copy for their review. This amendment will be scheduled for the September 14th meeting. Mrs. Ewald so moved, Mr. Kling seconded, it so carried.

The appointment of W. Joseph Duckworth to the Chester County Planning Commission by the Board of County Commissioners was objected to by the Charlestown Township Supervisors due to the fact that he is a major developer in the County having personal and property interests in matters affecting real estate development. Mrs. Ewald proposed that a letter be drafted and sent to the County Commissioners expressing concerns over this appointment. Mr. Kling seconded the motion, adding that Mr. Duckworth is President of Realen, Inc., which professes to be the major east coast developer in the business. The motion carried unanimously.

The list of correspondence was made available to the public.

Mr. Kling noted he had written a letter to Harron Cable TV due to complaints received from Township residents. The Secretary was asked to send a copy of the franchise agreement with both Suburban and Harron to each of the Supervisors.

All business completed, Mr. Kling moved to adjourn the meeting, Mrs. Ewald seconded the motion, it so carried. The meeting was adjourned - 10:45 pm.

Respectfully submitted,

Ruth W. Buckwalter