JUNE 20, 1994

The Charlestown Board of Supervisors met on Monday, June 20, 1994, at the Charlestown Elementary School, Charlestown Road, Devault.

Present: John B. Sauser, Vice Chairman; Irene W. Ewald, Member; Thomas F. Oeste, Esq.; Surender S. Kohli, P.E.; Ruth W. Buckwalter, Secretary, and those on the attached list of attendees. John C. Martin, Jr., Chairman, was delayed and arrived at the meeting about 9:45pm.

The Vice Chairman called the meeting to order at 8:15pm.

The first item of business was the June 20, 1994 Accounts Payable. Mrs. Csete had submitted 3 Insurance checks for payment due before July. Mrs. Ewald moved to approve the payables. The motion was seconded by Mr. Sauser and so carried.

The Riverdale Quarry encroachment on Township property was discussed. Mrs. Ewald stated that several years ago, temporary permission had been given by the Board for the Quarry to use the land while resolving their land development plan. The land development plan was withdrawn, but the Board never withdrew their permission. She recommended that now that there is a change of ownership, the Board should officially and legally withdraw permission to avoid squatters’ rights. Mrs. Ewald moved to ask the Solicitor to draft a letter to be circulated to the Supervisors for signatures and then sent to both the old and new owners of the Quarry. The land should be regraded and seeded within 90 days of receipt of the letter. Mr. Sauser seconded the motion and it so carried. Mr. Oeste will draft the letter.

The next item on the agenda was the Four Oaks Escrow Release. Mr. Kohli reported that he had reviewed the right- of-way descriptions for Mine, Union Hill, White Horse and Tinkerhill Roads and found them satisfactory. Mr. Sauser noted there were outstanding bills to be paid. Helena van Vliet submitted deeds of dedication for the 4 road right-of-ways to be reviewed by Mr. Oeste. Mrs. Ewald expressed concern that the French and Pickering Creeks Conservation Trust was not notified for their input regarding their conservation easement with the van Vliets. Mr. Sauser moved to approve the Escrow Release, pending receipt of payment of all outstanding bills. Mrs. Ewald asked Mr. Kohli and Mr. Oeste if there were any aspects of the easement and the French and Pickering Creeks Trust involvement that are involved in this decision. Mrs. Ewald then made the motion that, on the condition that that question be satisfactorily resolved, she would approve. The Board asked Mrs. van Vliet to contact the Trust and request a letter be sent to the Supervisors, copy to their Solicitor, stating whether or not this has any impact on the Trust’s easement. Mr. Sauser said that with those conditions, he seconded the motion. Mr. Oeste suggested the Supervisors also resolve to accept dedication of the right-of-way subject to the same conditions. Mrs. Ewald so moved, Mr. Sauser seconded, the motion so carried.

At the June 6th meeting, the Emory and Catherine Todd subdivision plan had been approved by the Supervisors subject to a revision of note #25. Mr. Kohli reviewed the plan revision and recommended the Board sign the plans.

Mrs. Ewald reported on her meeting with Mr. Oeste to review past documents on Bridge #178. She recommended to the Board the two changes as stated in Paragraph 3 under “Terms and Conditions” of the Agreement: 1) the County to designate a firm experienced in historic restoration and approved by the Township, and, 2) the Township Engineer shall approve the design and specifications and monitor the construction. After a brief discussion, Mrs. Ewald moved to approve the Agreement as revised by Mr. Oeste, subject to Mr. Martin’s review. Mr. Sauser seconded the motion and it so carried.

Mr. Sauser reviewed the request to the County for a time extension for the two grant applications for the small improvement and open space acquisition as submitted by the Township Treasurer. Mr. Sauser moved to approve signing the requests. Mrs. Ewald seconded the motion. The motion so carried. The Secretary was asked to contact Mr. Connolly and remind him to complete the Chester County Park grant application in time for the June 27th meeting.

At this time, Mr. Martin joined the Board and Mr. Sauser briefed him on the items covered during his absence.

The next item on the agenda was the road bids. Mr. Martin questioned the rate increase in the Delaware Valley Paving Company’s bid. A discussion ensued followed by a recess. When the Board returned, Mr. Martin noted that the Supervisors would meet with the Roadmaster regarding the supervising of the road work. Mr. Sauser stated that another option the Board has is to identify individual road paving jobs and bid them out as a job. Mr. Martin moved to approve the equipment rental bid of Delaware Valley Paving Company. Mrs. Ewald seconded the motion. The motion so carried. Helen Faggioli informed the Supervisors that Glasgow will not fire up their plant for one customer in the wintertime, whereas Highway Materials will give you one or more tons of bituminous as needed. Mr. Sauser said that this ought to be included in the bid. It was so noted by Mr. Kohli for next years specifications that the material must be available at all time in various amounts. Mr. Martin moved to approve the bid from Glasgow, Inc. for bituminous material at F.O.B. plant site Devault. Mrs. Ewald seconded the motion and it carried unanimously. Mr. Martin moved for approval of the bid from Glasgow, Inc. for stone. The motion was seconded by Mr. Sauser and carried unanimously. Mrs. Ewald noted that when the salt bid is advertised in the fall, the specifications should include any overages. Mr. Kohli suggested naming a larger amount than we can use and in that way guaranteeing a sufficient supply for the season.

Charlestown Brae: John Featherman, Esq., stated that he and Sarah Peck were here to seek approval to the widening of Rees Road. Ms. Peck displayed the drawing of Rees Road showing the future widening of 20 feet. The proposal to widen on the Hough/Loew side requires the removal of 4 trees. Easements will be needed for construction purposes. Thomas Alleva stated he strongly objected to the widening of the road in front of his property because of safety issues. Traffic safety was discussed at length. Horseshoe Trail relocation was noted being consistent with the recommendations of Thomas Comitta and the Parks and Recreation Board. Old Rees Road paving will be removed and the roadbed will be filled with top soil and seeded. The Chairman requested Mr. Kohli to draft a letter to PECO regarding the telephone poles. Ms. Peck concluded by stating that she needs directions from the Board tonight so they can make the July Planning Commission. Mr. Martin said he approved the concept of the plan but several items need to be put in writing. Charlestown Brae will be on the June 27th agenda.

The revised fee schedule for Subdivision Application and Land Development Plan was reviewed. Mr. Oeste pointed out the two changes and noted that this did not include fees for Conditional Use Hearings, Curative Amendment Applications and Special Exceptions. He will work with Mr. Kohli and Mrs. Csete on these costs to be incorporated into the fee schedule.

Paving of Township Roads was discussed. Mr. Kohli will talk to the Schuylkill Township’s Engineer regarding the paving of Tinkerhill Road. The final decision was to pave all of Buckwalter Road and a portion of Green Lane and Sidley Hill Road.

The Chairman brought up the need to assign a solicitor for the LauraBrooke appeal. Mrs. Ewald asked if Mr. Oeste had sent a letter on behalf of the Planning Commission intervening. Mr. Oeste replied he had, therefore he is representing the Planning Commission on this appeal. Mr. Martin recommended that Mr. Oeste represent both the Planning Commission and the Board of Supervisors. Mr. Sauser agreed with this recommendation. Mrs. Ewald did not agree and stated she would like to see Gary Bender represent the Board and Mr. Oeste represent the Planning Commission and designate one or the other to write the brief. All members agreed to this.

At this time, Mr. Kohli informed the Supervisors that John Hrinkevich sent a letter suspending his time until he files a plan for formal application. Janet Baldwin said that, technically, this property is in the Historic District and needs to be seen by the HARB Board. Mr. Hrinkevich’s letter of June 14 was entered into the record.

The last item on the agenda was the maintenance of the Revolutionary War Cemetery. Mrs. Ewald suggested contacting Charles Phillips who maintained the Cemetery last year. Mr. Martin said he would call Mr. Phillips. Mrs. Ewald stated that the present plaque at the Cemetery does not contain the date of the last Boy Scout Troop cleanup project nor the rededication service. Mr. Sauser suggested an organization should take over the maintenance rather than just one individual.

Mr. Kohli reported that he met with Mr. Devlin and also met with the PA. Turnpike people and they will follow up and take care of the problems. “No Parking” signs will be installed at the pulloff.

Mr. Kohli referred to a letter received from Great Valley Materials, dated June 16, 1994, in response to his citing this Company for erecting two projects without permits. Mrs. Ewald said she would like to see a land development plan and that they do the same as everyone else is required to do. The Chairman deferred this to the next meeting.

The contract between the Township and Berkheimer Associates to collect delinquent per capita taxes was approved. Mr. Martin read Resolution #484-94. Mrs. Ewald made a motion to approve Resolution #484-94. The motion was seconded by Mr. Martin and carried unanimously.

Mrs. Ewald reported that Mr. Kohli will be away for several weeks and she would like him to designate someone to act in his stead as Zoning Officer. Mr. Oeste stated that the Supervisors have the authority to appoint someone but that person must be qualified.

All business completed, Mrs. Ewald moved to adjourn. Mr. Martin seconded the motion and it unanimously carried. The Chairman adjourned the meeting at 11:40pm.

Respectfully Submitted,