MAY 2, 1994

The Charlestown Township Board of Supervisors held their regular meeting on Monday, May 2, 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.; Thomas F. Oeste, Esq.; Ruth W. Buckwalter, Secretary, and those on the attached list of attendees.

The Chairman opened the meeting at 8:03pm.

Announcements: The Chairman stated that pursuant to the Sunshine Law, the Supervisors met for an executive workshop session for the purpose of discussing the LauraBrooke decision with Gary Bender, Esq., on Monday, April 25th.

Mr. Martin moved to approve the minutes of April 4, 1994, and April 18, 1994. The motion was seconded by Mr. Sauser and so carried.

Mr. Martin moved to approve the April, 1994 Treasurer’s Report. The motion was seconded by Mr. Sauser and so carried.

Mr. Martin moved to approve the May 2, 1994 Accounts Payable. The motion was seconded by Mr. Sauser and so carried.

Zoning Officer’s Report: Mr. Kohli submitted his written report of Permits issued during the month of April. He noted that he is still investigating the property at Bodine and Foster Roads, three times he has visited the site but no one was present.

Planning Commission Report: Michael Churchill reported that the Commission approved the Elwood & Thelma Fisher Subdivision Plan, listened to an update on Charlestown Brae, reviewed the Thomas Kimmel Preliminary Plan and requested Mr. Kimmel to change his Plan to a Sketch Plan.

Roadmaster’s Report: Mr. Hiller submitted his written report for the files. He stated that most of the month was spent on clean up: patching potholes, sweeping, replacing reflectors and fixing signs.

Fire Marshal’s Report: Mr. Alston reported that during April there were three fires and four vehicle accidents responded to by the fire companies serving Charlestown Township. He submitted his written report for the files. Mr. Alston stated that he distributed a letter to businesses and residents located along the Conrail tracks asking them to report problems directly to Conrail – phone numbers were listed.

Citizens Forum: Nicholas Fiore called attention to water continuously running onto Phoenixville Pike in front of the Mark Building. Mr. Kohli suggested the Roadmaster contact PennDOT. Mr. Fiore also noted that the yellow lines on Phoenixville Pike in the 3 lane area need repainting. Mr. Martin asked Mr. Kohli to send PennDOT a letter notifying them of this need.

PA Fish and Boat Commission: Waterways Conservation Officer Donald Lauver and Fishing Biologist Michael Kaufmann presented their delayed harvest trout stocking program for the Pickering Creek. This is primarily a catch and release fishing plan. A number of people representing fishing organizations spoke in favor of the plan. The pros and cons of the project were discussed at length. No action was taken by the Board at this time.

Mark Connolly reported that the Parks and Recreation Board has been in touch with the County regarding the bids for top soil for the soccer field. The Fisher bid was the recommended bid. Mr. Connolly, Mr. Kohli and the President of the soccer club, Gary Mooney, met with the contractor and reviewed the stockpile of top soil which they found sufficient. Mr. Connolly requested, in order to expedite the process of seeding the field in May, to have the Solicitor draw up a contract and that the Board approve the contract. Mr. Kohli noted that the contract will be a single bill for the entire project. Mrs. Ewald moved to approve the contract, subject to the Solicitor’s review and the coordination of the billing procedures between the Township Treasurer and the Chairman of the Parks and Recreation Board. The motion was seconded by Mr. Martin and so carried.

The next item before the Board was the decision on LauraBrooke. Mrs. Ewald noted a correction on page 2 of the Findings of Fact, line 9 of paragraph 7: “to” should be “two”. The correction was noted on the document. The Chairman read aloud the Conclusions of Law. Mr. Martin moved to approve the Findings of Fact and Conclusions of Law. Mrs. Ewald seconded the motion and called attention to the decline in the Township’s population, according to the census figures, which could have an impact on this plan. The motion carried unanimously. The Chairman read aloud the Order and moved for approval. The motion was seconded by Mrs. Ewald and carried unanimously, thereby declining “to enact and adopt the said Curative Amendment Ordinance”.

The Township Act 537, adopted by the Supervisors in 1991 and submitted to the DER, was never approved. Mr. Oeste reported that DER stated at that time that the Township had to have an on-lot-system maintenance Ordinance. This was then sent to the DER without being adopted, so DER never agreed to the plan. After further discussion, Mrs. Ewald suggested the Supervisors re-read the documents she brought back from the Supervisors’ Convention in Harrisburg last year that addressed the issue of how to take care of a septic system. Mr. Martin said the two things to do are: 1) hold off, 2) send out this information in the Fall Newsletter.

The status of Bridge 178 was reviewed by the Chairman. He stated that a letter was received from the County modifying the contract. Mrs. Ewald said that this letter basically took away from the Township any input into the rehabilitation of the bridge. Mr. Sauser suggested the Supervisors re-word the contract the way they want, approve it, submit it to the county and see what happens. He felt that if the Township would be the owners of the bridge, the Board should have control of the project. Mr. Oeste suggested trying for a middle ground. The matter was tabled to the next Board meeting.

The next item on the agenda was the Elwood and Thelma Fisher Subdivision Plan which divides 84+/- acres into two lots of approximately 35 and 45 acres. Mr. Sauser made the motion for approval of the plan as submitted. The motion was seconded by Mr. Martin and carried unanimously.

At this time the Chairman updated the Charlestown Hunt Plan stating that Realen Homes submitted their check in the amount of $183,000. Of this amount, $48,000 is in payment to the Township for outstanding fees, the remainder being for purchase of open space, maintenance of the Rapp House and maintenance of the Revolutionary War Cemetery.

The next item before the Board was the Bonnie Rogers Conditional Use Application for a home day care center at #7 Charlestown Road. Mr. Oeste summarized the status of this application stating the Board had denied it because of inadequate notification of surrounding property owners. The Board offered to allow her to reconvene the hearing once she notified surrounding property owners. That hearing reconvened on April 18, 1994, and no one came in opposition of the application. Therefore, the Board moved to approve the application, subject to the 15 conditions enumerated in the original decision. Mr. Oeste had prepared a brief decision and an order which adopts the original decision and requires the applicant to accept the condition in writing within 7 days of this amended decision. Mr. Martin moved for approval of the amended decision and order. Mr. Sauser seconded the motion. Mrs. Ewald opposed the motion and suggested the Township review their present Home Occupation Ordinance and stated that she was contacted by parents of a child in Ms. Rogers care who expressed concern and gave reasons for removing their child from Ms. Rogers’ care. A brief discussion on the reviewing of Township Ordinances followed. The motion so carried.

For the records, Mrs. Ewald stated that the vote taken at the April 4th meeting on the van Vliet decision was a 2 to 0 vote because she was not present at the time of the presentation and therefore did not vote on the plan.

The Berkheimer Associates contract for collecting the delinquent Township’s Occupational Privilege taxes was tabled until the June 6th Board meeting. The Secretary was instructed to check the files for a contract with this agency for their collection of delinquent per capita taxes.

The Zoning Hearing Application for Envirotest Synterra Partners was deemed incomplete due to the lack of a $1,000 deposit. Mr. Oeste advised the application be returned as incomplete. Mr. Martin made the motion that the Supervisors oppose the proposed use since it is not permitted in the N.C.District. The motion was seconded by Mrs. Ewald and carried unanimously.

The Chairman stated that the Todd Subdivision was postponed until the June 6th Board meeting.

The Supervisors will meet with the Representative of BABB,Ins. on May 18, 1994, to review the Township’s Insurance policies for the year.

Advertising the road bids was scheduled to be in time for the opening of bids at the June 6th meeting. Road work to be done on various Township roads was discussed. Mrs. Ewald noted that the work on Green Lane was contracted to be done last year but had been delayed. She felt this work should be completed under last year’s contract.

At this time, Robert Devlin expressed the gratitude he and his neighbors had for the thoroughness with which the Supervisors handled the LauraBrooke Curative Amendment application.

John Panizza presented his “non-chinese menu” for the development of Charlestown Highlands, a 76 acre tract bordering Newcomen Road and Rt.401, formerly known as Charlestown Meadows. This “menu” listed 10 different combinations of sewage treatment, style of units, size of lots and open space. These options, along with sewage disposal and the relocation of Newcomen Road, were discussed at length.

The Planning Module for Devault Foods, Inc. was approved as Resolution #481-94. Mr. Sauser moved for the approval, Mr. Martin seconded the motion, it so carried.

The Chairman announced the next meeting of the Board of Supervisors will be held on Monday, June 6, 1994.

The Chairman adjourned the meeting at 12:45 am.

Respectfully Submitted,