FEBRUARY 7, 1994

The Charlestown Township Board of Supervisors held their first meeting of the month on Monday, February 7 1994, at the Charlestown Elementary School, Charlestown Road, Devault.

Present: John C. Martin, Jr., Chairman, John B. Sauser, Vice Chairman, Irene W. Ewald, Member, Surender S. Kohli, P.E., James E. McErlane, Esq.; Ruth W. Buckwalter, Secretary, and those on the attached list of attendees and a number of residents that did not choose to sign.

The meeting was called to order at 8:00 P.M.

Announcements: Mr. Martin reported: Jan. 31 – a meeting of the Valley Forge Sewer Authority with the Incorporating Townships at which the Charlestown Hunt situation was reviewed, also noted by Mr. Martin was the desire of the Authority to expand and modernize their facilities. Feb. 5 – meeting of Township and Borough Officials from Rep. Rubley’s and Rep. Gerlach’s District to consider the tax reform proposal to give municipalities and school districts the option of going to income tax rather than 100% real estate tax. Road maintenance in Chester County was discussed, Mr. Martin noting that the County receives inadequate funding. Feb. 24 – a deer management meeting is scheduled to he held at Valley Forge Park, the public is invited. Mrs. Ewald announced that former Supervisor Vincent G. Kling had hip surgery and is in the Bryn Mawr Hospital. She reported that she was invited to attend a meeting with the County Commissioners, Representatives of PENNDOT and Representatives of a few Municipalities during which documentation of the formula for fund allocation was made available. Two key issues not addressed by the formula are the cost of living differential and rapid growth. At this time, a discussion ensued on snow removal and the costs thereof.

The Chairman entertained a motion to approve the minutes of the Reorganization meeting and the Regular meeting of January 3, 1994. Mrs. Ewald commented on paragraph 3 of page 2 in the Reorganization minutes stating that she would like to go on record that legal opinions for the Board should be through the Township Solicitor. Mrs. Ewald then moved to approve the minutes of the two meetings of January 3, 1994. The motion was seconded by Mr. Sauser and carried unanimously.

The Chairman entertained a motion to approve the January 1994 Treasurer’s Report. Mrs. Ewald moved for approval for the Treasurer’s Report as presented. The motion was seconded by Mr. Martin and unanimously carried.

The Chairman entertained a motion to approve the February 7, 1994 Accounts Payable. Mrs. Ewald moved for approval for the Treasurer’s Report as presented. The motion was seconded by Mr. Martin and unanimously carried.

At this time, the letter received from Oceanport Industries was discussed. On October 4, 1993, Oceanport had submitted the lowest salt supply proposal. The letter stated that over 300 tons, as required, had been supplied; on February 15th salt would be available at $40.60 per ton delivered or $37.00 pick-up.

Zoning Officers Report: Mr. Kohli submitted his written report of permits issued during January 1994. He brought up the issue of private roads in developments not being opened after the numerous snow and ice storms of the last month. Mr. Martin stated he received a complaint from an oak Hill homeowner. Mrs. Ewald noted that part of the requirement by the Township is road maintenance until the road is dedicated. Mr. Kohli said he would follow through on notifying Mr. Panizza of this obligation. Mrs. Ewald suggested writing a letter to developers reminding them of their responsibilities. Mr. Martin said that this fact is apparently not communicated to the buyers and this needs to be resolved.

There was no Planning Commission Report.

Roadmaster’s Report: Mr. Hiller submitted his written report for the files. He reported the entire month was spent plowing, cindering, salting, scraping and cleaning out drains. He also reported downed trees and wires throughout the Township.

There was no Parks and Recreation Report.

Fire Marshal’s Report: Mr. Alston submitted his report for the Township files. He reported on the type and location of the 14 incidents responded to by the fire companies. He noted that the 911 system is now in effect for police, fire company and ambulance. In response to Mrs. Ewald’s question, Mr. Alston reported that there have been no accidents report4ed to either fire company on the Route 29 hairpin curve since it was milled.

Citizens Forum: John DeLello said he very much appreciated whoever plowed Charlestown Road and did not leave mounds of snow blocking his driveway.

The Chairman moved on to the first item under Old Business - the need to appoint an Auditor. Mrs. Ewald requested the Township consider the reappointment of Emory Todd as independent auditor for 1994. Mr. Martin stated that he objected to the Supervisors appointing an independent auditor but he did not object to the elected auditors making this appointment. Mr. Sauser said he had two people in mind who might serve and then suggested this subject be postponed until the February 21st Board meeting. The Chairman said he would advise the two elected auditors about the postponement.

The next item was Charlestown Hunt. The Chairman noted that this development owes the Township money and that the case is stuck in court. He called on Mr. McErlane for an update. Mr. McErlane reported that he felt putting pressure on Marc Kaplin for the money might jeopardize the stipulation. Mrs. Ewald noted that $50,000 has been owed the Township for years and it’s about time attaching interest on that money should be considered as an option. The Chairman asked Mr. McErlane to keep pressing for the money. Mrs. Ewald stated for the record that the Supervisors were informed on the 31zt of January, 1994 that Charlestown hunt has not yet submitted a sewer plan to the VFSA.

The status of Charlestown Oaks was reported by the Chairman who stated that CREW (Concerned Citizens of East Whiteland) have filed suit against Charlestown Oaks and Charlestown Supervisors and asked Mr. McErlane’s advice on this. Mrs. Ewald said that in the Interim Order, which was part of the Final Plan approval, East Whiteland Township was made a party to this whole proceeding. Mr. McErlane said that the filing of the petition for intervention was a mere formality. As he recalled, they were a party to one of the Preliminary Plans and a party to at least one of the Final Plans. The last Order entered gave East Whiteland certain approval powers over certain aspects of the project and that Charlestown’s approval was conditioned on satisfaction of things being done to the satisfaction of East Whiteland Township. Mrs. Ewald proposed Mc. McErlane send a letter authorizing East Whiteland to be a party to this. The Chairman requested Mr. McErlane to make a phone call rather than write a letter. This decision was unanimously supported by the Supervisors. The Chairman read aloud a letter of information dated February 7, 1994, from the Solicitor having to do with DER reporting Charlestown Oaks has decided to go forward with 215 units on the DER module rather than 288. Mr. Kohli expressed concern over the storm water management.

Charlestown Brae: Sarah Peck, President of Rouse/Chamberlin, reported on the status of this Plan. She stated that a year ago, Rouse/Chamberlin and the Township signed a settlement stipulation on the development of this property. She displayed a rendered version of that plan depicting 59 lots with a re-alignment of Rees Road. Public water, on site sewage with no sand mounds, relocated Horseshoe Trail, widening Rees Road and the historic lot #52 were items mentioned. New plans would be submitted to the Township on February 14th. Janet Baldwin, Charlestown Historical Commission, said that the ruins of the Rebecca Bones house (lot #52) is on the Historic American Building Survey and filed with the Library of Congress. Because of this, she has asked Ms. Peck to find an Historic Architect to make drawings of the way it is now to be filed with the Library of Congress, the Chester County Historical Society and the Township archives. Jeffrey C. Bourke, R.A., has been retained for this service. Ms. Peck stated that the County will use the former perc tests. Mr. Kohli said the Planning Module should be sent to the County.

The Chairman called on Mr. McErlane for the status of the Eastwick Plan. Mr. McErlane said that Mr. Kling, Jr., submitted plans to Mr. Kohli last week which contained some grammatical and minor technical points, but no new substance. Mrs. Ewald requested the final plan be submitted for the February 21st Board meeting. Morris Kellett, Esq., representing the Applicants, stated that this was not acceptable and that the adversarial relationship that has existed since September has become more difficult for him to deal with (amended March 7, 1994). Mr. McErlane responded that the only open issues are those marked in red by Mr.Kohli and recommended to the Supervisors that, based on his review in Mr. Kohli’s office are the only issues he is aware of. What the Board needs now is a set of Final Plans which are suitable for recordation upon approval. Mr. Kellett requested approval tonight. The Chairman called a 5 minute caucus for the Supervisors to consult with the Township Engineer and Solicitor. Returning from the caucus, the Chairman informed Mr. Kellett that the Supervisors would give approval subject to the following list of chores as read aloud by Mr. McErlane: 1. Final plans with all technical and mechanical corrections be submitted to Mr. Kohli two weeks in advance of the time the Supervisors sign the Final Plan, 2. The escrow calculations for the Public improvements be submitted to Surender. 3. At the time the plans are released for recording, the Declaration needs to be signed to be recorded at the same time. 4. The Planning Module completed, 5. Fees - all fees are paid to date. Mr. Martin moved to approve the Eastwick Final Plan subject to the above list of items. Mr. Sauser seconded the motion provided that all points covered tonight are on the plan to be submitted for Mr. Kohli’s review. Mrs. Ewald asked for a definite termination date. Mr. Kellett stated that he did not understand. Mrs. Ewald opposed the approval due to the lack of a given time limit. Mr. Martin moved to adopt Resolution #479-94 for the Eastwick Planning Module. The motion was seconded by Mr. Sauser and so carried.

Mr. McErlane reported that we have the signed Escrow agreements, signed by the developer at First Fidelity Bank in addition to a check for improvements from the Merriwether Plan. The plans will be signed by the Supervisors at the close of the meeting.

The Chairman moved on to the last item on the agenda - the Spring Oak Plan. William Huganier, Esq., attorney for Mr. and Mrs. Smurthwaite, stated that Hough/Loew and the Smurthwaites have reached an agreement as to the conditions which should be imposed as part of the approval. He submitted for the files a copy of that agreement along with a covering letter dated September 14, 1993. Tim Townes of Hough/Loew displayed his plans. Discussed at this time were earthen berms, trees to be planted and road improvements. Mr. Townes will be back in 2 weeks with changes in the plan.

All business completed, the Chairman adjourned the meeting at 11:20 P.M.

Respectfully submitted,

Respectfully Submitted,

Ruth W. Buckwalter