JUNE 7, 1993

The Charlestown Township Board of Supervisors held their first meeting of the month on June 7, 1993, 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.; Thomas F. Oeste, Esq.; Ruth W. Buckwalter, Secretary and those on the attached attendees’ list.

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

Announcements: May 26 - Mrs. Ewald and Mr. Kling attended the Valley Forge Park Deer Population Town Meeting hosted by State Representative Carole Rubley. Mr. Kling reported that the meeting was attended by about 250 people plus Park personnel and representatives from the State Game Warden’s office. He noted that the density in deer population per acre in PA is highest in Chester, Delaware and Montgomery Counties and that, although all present agreed this problem needed to be resolved, no specifics were set at this time. May 25 - Mrs. Ewald, Mr. Kling, Mr. Kohli and Mr. Hiller met with representatives of PENNDOT’s Chester County Maintenance Division and Forestry Division and toured Charlestown Township to review paving problems, etc. Mrs. Ewald noted one of the positive results of this meeting was seen on Charlestown road where PENNDOT was hand cutting the vegetation instead of spraying, as in the past. The Supervisors requested PENNDOT to notify the Township in advance of any tree removal to be done in the Township. The Chairman announced that as a follow up regarding the fires set by Conrail, a special investigator from the Department of Forestry will meet with the Supervisors. The date set for this meeting is July 8th. At this time, Mr. Martin suggested changing the July 5th Board meeting to July 6th due to the long holiday weekend. The Board members so agreed. Mr. Martin stated that, to his knowledge, no one had filed any objections with Judge Wood on the Charlestown Hunt settlement and that the 30 day period for filing was now past. Mr. Oeste concurred. Mrs. Ewald stated that the Township office does not have a copy of the Settlement Agreement and the exhibits that accompany that Agreement. Therefore, anyone who is effected by this settlement has not had access to that information. Mr. Martin requested Mr. Oeste to have a copy sent to the Township office. Mrs. Ewald asked Mr. Oeste for an opinion of the Solicitors as to whether or not this constitutes a violation of the process required. Mr. Oeste will look into the matter.

The Chairman entertained a motion to approve the minutes of April 19. April 28. May 3, May 12. May 17, 1993. Mrs. Ewald corrected the minutes of May 12, page 1, paragraph 5, to read “The record will remain open for two weeks to receive comments and then an additional week to respond to the comments. The record will be closed on June 2”. Mr. Martin corrected the minutes of May 3, page 3, “soccer” typo. With these corrections, Mr. Martin moved to approve the above listed minutes. Mr. Kling seconded the motion. The motion unanimously carried.

The Chairman entertained a motion to approve the May 1993 Treasurer’s Report. Mr. Martin so moved, Mr. Kling seconded. The motion unanimously carried.

The Chairman entertained a motion to approve the June 7, 1993 Accounts Payable. Mr. Martin objected to several items with regards to the invoice from Lamb, Windle & McErlane. He noted that travel time had been charged on three occasions and that Mr. Oeste did not attend the Liberty House meeting on April 28th as reflected in the invoice. Mr. Oeste responded that he would check these items and make an adjustment next month, if necessary. Mrs. Ewald moved to approve the June 7. 1993 Accounts Payable, Mr. Martin seconded the motion which carried unanimously.

Zoning Officer’s Report: For the Township files, Mr. Kohli submitted a list of permits issued during May. He reported receiving a complaint of running sewage from the Schulze Property on Horseshoe Trail. The problem has since been corrected according to a letter from the County Health Department. Mr. Kohli noted construction activity on Werner Lane at the end property – a landscaping business. He suggested the new owner submit a plan showing what he is doing. The final item in the report was the radio tower on Bodine Road that Dr. Horwith would like to erect. Mr. Kohli advised him (amended 7/6/93) that this use is not permitted in the FR district. Mr. Oeste will review this item and draft his findings to all parties.

Planning Commission Report: Mr. Churchill reported that the Commission met twice during May and the principle item on the agenda was LauraBrooke. Since this is on this evening’s agenda, Mr. Churchill will comment at that time.

Roadmaster’s Report: Mr. Hiller read aloud and submitted his written report on work accomplished during the month of May. He recommended upgrading the road equipment specs before the 1994 bidding. Mr. Kohli called attention to the Quotation from Signal Service Inc. to furnish all necessary labor, equipment and material to reand dress overhead signal cables at Rt. 29 and Charlestown Road for the amount of $462.50. Mr. Kling moved to accept this Quotation, Mrs. Ewald seconded the motion. It so carried.

Fire Marshal’s Report: Mr. Alston reported that, during the month of May, there were two vehicle fires, one controlled burning, one dwelling fire (DuPont residence on Green Lane), two tree fires, one field/woods fire and seven vehicle accidents on Rt.29 between Hollow Road and Dickson Drive. Mr. Alston submitted a written report on the above items for the Township files. Mrs. Ewald asked for information on today’s fire caused by Conrail. Mr. Alston reported the PA Fire Warden said the fire was caused by soot and sparks from the engine. There were 3 fire spots, separated by 1/4 mile, which were put out in a short time. Mrs. Ewald requested Mr. Alston to document the number of vehicle accidents on Rt. 29 between Hollow Road and Dickson Drive from January, 1992, to June, 1993, in order to update PENNDOT with this information.

At this time, bids for June 15, 1993-June 15, 1994 were opened. The Chairman reported Glasgow, Inc., Highway Materials, Inc. and Great Valley Materials submitted bids for Bituminous Material; Devault Crushed Stone and Glasgow, Inc., submitted bids for Stone; Delaware Valley Paving Co. submitted the only bid for Equipment Rental. Mr. Martin read the bids aloud. All bids were given to Mr. Kohli to review for conformity to the specs.

The next item on the agenda was the Commons at Great Valley Plan to change the lot lines of lots 4, 5, 6, 7, 8 and 9. The Planning Commission and Mr. Kohli recommended approval. Mr. Kling motioned to approve the plan as presented, Mr. Martin seconded the motion, the motion carried unanimously. The plans will be signed at the close of the meeting.

The Merriwether Preliminary Plan approval revision was addressed at this time. Messrs. Barry Buckley and Henry Belber represented the Applicants. The Chairman stated that the Final Plan was submitted to the Township on March 23rd, prior to the request for the revised Preliminary Plan approval. She noted the following procedural issue that needed to be addressed - has Mr. Belber in any way withdrawn the Final Plan submission so that there is no time clock on it? Mr. Oeste replied that he had discussed this with Mr. Nagle and that Mr. Nagle was agreeable and would so state in a letter. As of this date, no letter has been received. Mrs. Ewald then pointed out that there was also the amount of $707.72 owed to the Township. In reviewing the Plan, Mr. Belber stated that on March 15th, the Township approved the Preliminary Plan with certain conditions enumerated by Mr. Oeste. He believes those issues have been resolved. Mr. Oeste summarized by saying the outstanding issues revolved primarily around landscaping: tree replacement fund, mapping of existing trees in removal of vegetation along Wells Road, construction on individual lots - tree and vegetation removal will be limited to areas marked limits of tree removal and disturbance of steep slope areas, lots that are not steep slopes will be limited by a Building Permit Application. Changes regarding item E, item 4 and item 5 were reviewed by Mr. Oeste. Mrs. Ewald asked for clarification of tree removal on right of ways. The Consensus of the Board is to have the revised draft copy of the June 7, 1993 letter be made available. A discussion ensued on the limitation of the individual home owner regarding tree removal and tree replacement.

At this time, Mr. Kohli mentioned that he had the totals on the bids and the Chairman asked for them to be read aloud for the record. Mr. Kohli read the following: Bituminous : Great Valley Materials - $21,447.50 fob, $24,725.00 delivered; Highway Material,lnc. - $23,100.00 fob, $26,090.00 delivered; Glasgow Inc. - $21,312.50 fob, $$24,739.50 delivered. Stone: Glasgow, Inc. – $5,080.00 fob, $6,456.00 delivered; Devault Crushed Stone - $5,550.00 fob, $7,550 delivered. Mr. Martin moved to award the Equipment Rental contract in the amount of $102,620, to Delaware Valley Paving Co., Mrs. Ewald seconded the motion. The motion carried unanimously. The Stone and Bituminous bid were deferred until the June 21st Board meeting. It was noted that Great Valley Material did not submit a complete bid and Mr. Oeste stated that bid could not be accepted.

Panilquin: The Chairman stated that Mr. Panizza had asked for an extension to June 15 for posting construction escrow and she had suggested the Secretary request extension to June 25. In addition, she noted that this project is in arrears $1,554.45. Mr. Kling moved to approve the extension to June 25 and Mr. Martin seconded the motion. It so carried. The Supervisors will sign the plans and give them to Mr. Oeste for holding until the escrow is updated.

Mr. Mondzelewski gave a brief summary of the sketch plan submissions of LauraBrooke. Mr. Churchill reported the Planning Commission felt it might make sense to change the Zoning of the LI district between Phoenixville Pike and the Turnpike, but not the second LI district. The Commission reviewed items such as density, traffic, the fiscal aspects, significant buffer, intrusion on residential back yards and netting out. In conclusion, the Commission voted 4 to 2 to approve in concept extending the residential use as a conditional use providing certain conditions were met. Mrs. Ewald read aloud a letter received from Commission member Ray Ott and also noted Commission member Leila White’s letter which detailed reasons why they were against the zoning change. A lengthy discussion ensued. The Chairman requested Thomas Comitta to review the recommendations that his office has made to the Board. Mr. Comitta stated he basically had three items: statistics, concept of Ordinance change for apartments and a five page memo dated May 25. The Chairman opened the meeting for comments from the public.

The Rosewood Plan for a lot line change had been approved by the Planning Commission and Mr. Kohli recommended approval to the Supervisors. Mr. Martin moved for approval of the plan, Mr. Kling seconded the motion. The motion unanimously carried.

The Chairman reported receiving a letter from Conrail regarding the railroad crossing at Buckwalter Road. Conrail suggested that if the Supervisors wished to eliminate the proposed bells at that crossing, a request could be made and indicated how to proceed with such a request. Mr. Ewald asked Messrs. Kling and Martin if they agreed to proceed with a letter to the PUC requesting the elimination of the bells. It was unanimously agreed to proceed with a letter.

Mr. Martin reported that he received a letter from the Chester County Heritage Park & Open Space Grant Program congratulating the Township on being awarded two grants: Acquisition Grant for $250,000 (matching 50-50) and the Small Improvement Grant for $15,000. The documents for these grants were signed.

The Chairman opened the correspondence to the public.

All business completed, the Chairman entertained a motion to adjourn the meeting. Mr. Kling so moved, Mrs. Ewald seconded. The meeting was adjourned - 11:25 pm.

Respectfully submitted,

Ruth W. Buckwalter