MAY 4, 1992

The Charlestown Board of Supervisors held their regular monthly meeting on Monday, May 4, 1992 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, PE; Thomas F. Oeste, Esq.; Ruth W. Buckwalter, Secretary; and Marcia Solda, Bud Zeigler, Al Van Brunt, Sharon O’Neil, Steve Winckelman, Konrad Surowiec, Bob Wilson, George Snyder, Mark Connolly, Tina Daly, Dennis Hiller, and others.

The Chairman called the meeting to order at 8:05 pm.

Announcements: The Chairman listed the following Township business attended to since the April 27th meeting: Mrs. Ewald and Mr. Kling were in court concerning the MFC proposal; Mrs. Ewald represented the Township at the Phoenixville Chamber of Commerce Dinner; April 29 - Mrs. Ewald and Mr. Kling attended a court session on the MCF proposal April 30 and May 4 - hearings before Ross Unruh re. Charlestown Hunt attended by Mrs. Ewald and Mr. Kling; May 2 - site visit to Eastwick and Merriwether proposed subdivisions attended by Mr. Kling, Mr. Martin, Mrs. Ewald and Planning Commission members; Mr. Martin reported numerous communication conversations re. matters of Charlestown Hunt.

The minutes of April 6 1992 were amended as follows: page 1, line 17 of the Announcements should be East Pikeland Township; page 2, lines 1 and 2 under Appointments should read Gary Pilgrim - appointment expires December 31, 1993 and Omar Hijab - appointment expires December 31, 1995. Mr. Kling moved to approve the minutes as amended, Mr. Martin seconded the motion, it carried unanimously.

The minutes of April 20, 1992, were amended as follows: page 2, lines 11 and 13 under Haines & Kibblehouse should read (line 1) Blackberry Lane spur and (line 13) delete Blackberry Lane and insert this spur; page 3, 4 should read “The Valley Forge Christian College property was recommended to the Planning Commission for their review. This property is to be considered for re-zoning as R-1.”; page 3, line 4 under Road master, delete transferable and insert transportable. Mr. Kling moved to approve the April 20 minutes as amended, Mrs. Ewald seconded the motion, it so carried.

Mr. Kling moved to approve the minutes of April 27. 1992. Mrs. Ewald seconded the motion, it so carried.

Mrs. Ewald stated that for the last three years the Great Valley High School Ecology Club volunteered their time and effort to clean up roads and streams in the Township on clean-up day. She introduced her twin sons, Andrew and Carl Ewald, who organized and directed the event. The Board of Supervisors presented an award in appreciation of this extremely well done job.

Zoning Officer’s Report: Mr. Kohli submitted a report of Building Permits issued during April. He reported receiving a complaint from a resident of Hollow Run Farm about noisy dirt bikes being ridden through the property. Until the bikers are identified, no action can be taken. Also, the head wall which was reconstructed on Buckwalter Road was installed on an angle instead of parallel to the road. Mr. Kohli suggested installing a guard rail to keep traffic from hitting the angled edge. He noted the sealing of roads has been done. Two site visits were made to the property in Three Ponds.

Mr. Kling moved to approve the April 1992 Treasurer’s Report. Mr. Martin seconded the motion, it carried unanimously.

Mr. Kling moved to approve the May 4. 1992 Accounts Payable to include check #6844 in the amount of $500.00 Great Valley High School Ecology Club. Mr. Martin seconded the motion, it carried unanimously.

Planning Commission Report: Mr. Zeigler reported the Commission discussed (1) the offer of Mr. Volpi to donate the Supplee House, (2) the Charlestown Hunt entrance design, (3) the Panilquin Subdivision, (4) the Merriwether and the Eastwick Subdivisions and (5) recycling. (see Planning Commission minutes of April 1 6th for details).

Roadmaster’s Report: Dennis Hiller submitted to the Secretary his written report for the month of April which included a new catch basin and drainage pipe installed on Ravenhill Road, road sweeping, culverts and drains cleaned and the replacement of the damaged culvert on Buckwalter Road. The damage done to the Park entrance was discussed, prices for the brick work are being looked into. Steve Winckelman reported to the Roadmaster there were two large potholes on Howell Road.

Parks and Recreation Board: Mark Connolly distributed copies of the Municipal Grant Program application. The end of the grant cycle is June 1st. This is a non-matching grant of $15,000. Both PMYC and PASC, as well as the Park & Rec. Board, are interested and the thought is to submit the application with the three organizations as one unit. A public hearing is required and Mr. Connolly requested this project be briefly considered at the Township Open Space meeting scheduled for May 19th. He requested the Supervisors consider having Comitta re-propose the cost of putting the application together. A quote for the gate replacement to Charlestown Park is being looked into (amended 6/1/92) by Paul Hogan. A future maintenance program for the open space trail from Charlestown Road to Route 29 is being coordinated by the Nature Center and Bob Elmer.

Bob Wilson, representing Heatherwood, came before the Board to request either a financing resolution or direction to the Solicitor to issue a letter to the developer so that they have something to take to their financial institution in order to obtain funding. He submitted a copy of such a resolution. Following a discussion, the matter was tabled until the May 18th meeting.

The re-zoning of the Valley Forge Christian College: Mr. Martin inquired if a letter had been sent to the Planning Commission for their review on this issue. The Chairman stated that the Commission was verbally advised. Mr. Martin felt the Board should send a letter which would require a response within a 30 day period. The Chairman agreed to this.

The Chairman updated the report on MCF, a subject of considerable litigation of late. In summary, the applicant, MCF, came before the Township and asked to put a road off of Howell Road to serve a subdivision plan in Tredyffrin Township. Recently, the property owner, through her attorney, asked to be a party to the appeal and in the depositions of Mr. Kling and Mrs. Ewald, it became evident on the record that MCF lost it’s equitable interest in the property on September, 1991. For a variety of reasons, including comments made in court, the Supervisors, at a subsequent hearing, petitioned to have Judge Gavin recuse himself on the matter. Judge Gavin was certain he could hear the matter in a fair manner and proceeded with the hearings. In conclusion, the Judge called all parties into his chambers and suggested they endeavor to reach an agreement out of court. Proposals are now being exchanged in settlement negotiations. The big issue remaining is the how the developer will control the water run-off from this steep slope. A possibility for another access could be the Horseshoe Trail. Mrs. Ewald noted that the original Stipulation and Agreement is still on the table.

Mr. Oeste brought a letter for a time extension to May 30th for the Panilquin Subdivision plan. He noted there were several issues to be resolved before the approval of the final plan.

Mr. Martin reviewed the position of the Charlestown Hunt plan. A public meeting re. this plan was held on April 27th to address alternatives of the single access. A short meeting was held on April 30th before Special Master Ross Unruh. The next session is scheduled for May 19th. Mr. Oeste reported that the French and Pickering Creeks Conservation Trust requested they be made party to the matter involving a petition of intervention. Mr. Kaplin stipulated that he would agree to their intervention for the limited purpose of the issues regarding the restricted covenants on the Township land. A discussion on the Hunt plan followed. Mr. Kling suggested a third option for an access road which would not encroach on Township land nor rip out the bank in front of the Bell & Clapper nor require the taking of so many trees. However, he was advised that PENNDOT would not approve this, they want all widening of Rt. #29 to be on one side only.

The next item on the agenda was the Warner Quarry and the test burning of sludge and hazardous waste at the cement kiln. This quarry is located in Tredyffrin, East Whiteland and Charlestown Townships. Mrs. Ewald expressed two concerns: 1) emissions from burning of hazardous waste and 2) contaminated cement product then used in building. Mrs. Ewald introduced Tina Daly, President of the Green Valleys Association, who had assembled excellent background materials on this matter. Mrs. Daly gave an overview and an update of the issue which was followed by a lengthy discussion. In conclusion, Mrs. Ewald stated that she felt the Board should have a joint meeting with Tredyffrin and East Whiteland Supervisors sometime in June and that the three Townships should share legal and engineering fees to save duplication and costs. Mr. Martin and Mr. Kling agreed. Mr. Martin was asked to write a letter to Warner Quarry addressing the issues of hazardous waste/sludge burning.

The Secretary was instructed to prepare information for the Township Engineer in preparation of advertising the road bids.

Mr. Kohli brought to the Board’s attention the need for a binder course to be in place before a developer begins building in order to keep other roads and areas clean from mud. Mr. Kling made the motion to have such an Ordinance amendment drawn up by Mr. Oeste, Mr. Martin seconded, the motion carried unanimously.

Mrs. Ewald informed the Board that the State Police have solicited the Township’s support for their Camp Cadet program. Mr. Kling made the motion for the Township to support this program with the same amount of funds as last year. Mr. Martin seconded the motion, it unanimously carried.

The Chairman stated that Robert C. Wert had prepared a draft Resolution re. the Emergency Operations Plan for Charlestown Township. Mr. Kling moved that the Supervisors approve and place into immediate effect the current draft, subject to further revision, of the Emergency Operation Plan of Charlestown Township and that this plan be reviewed on an annual basis. Mrs. Ewald seconded the motion, it unanimously carried. This Resolution will be identified as Resolution #454-92.

The Chairman reported that the Township Tax Collector requested the purchase of a programmed computer disc for his tax records. Mrs. Csete is reviewing programs and the Board will look at costs.

The Township has been asked by the County to plan for supporting the cost of the 911 system. Mrs. Ewald reported the cost to the Township would amount to approximately $9,000 annually. She also reported that neither the County nor the Post Office have the authority to re-address.

All business completed, Mr. Kling moved to adjourn, Mrs. Ewald seconded the motion, it so carried.

The meeting was adjourned - 10:50 pm.

Respectfully submitted,

Ruth W. Buckwalter