BUSINESS MEETING - February 16, 1998

The second regular business meeting for February was held February 16, 1998 at the Charlestown Elementary School. John B. Sauser, Chairman, Irene W. Ewald, Robert C. Wert, Thomas F. Oeste, Esq., Gary Bender, Esq., Surender S. Kohli, P.E., Thomas J. Comitta, Linda M. Csete, Secretary, and those on the attached attendee list were present.

The meeting was called to order at 7:35 P.M.


Mr. Sauser announced that at the Vacancy Board meeting was held on February 15, 1998, and Robert C. Wert was appointed to fill the vacancy left when Robin J. Kohn resigned on January 5, 1998. Mr. Wert stated that he is pleased to be on the Board and that heíll try to do a good job, inviting the public to remain involved in Township affairs. He regretted that with his new position, the Township will need to replace him as Emergency Services Coordinator and Charlestown Townwatch Coordinator due to time constraints.

Citizensí Forum - Items on the Agenda

No matters were brought forward at this time.

Appointment: Vice Chairman to the Board of Supervisors

Mrs. Ewald asked if the entire Board is open for re-appointment as indicated in the minutes of the Reorganization meeting of January 5, 1998. She nominated Robert Wert for Chairman. Mr. Wert respectfully declined. Mr. Sauser nominated Robert Wert for Vice Chairman, and Mrs. Ewald seconded. All were in favor.

Mr. Wert moved to ratify the election of John B. Sauser as Chairman of the Board of Supervisors. Mrs. Ewald moved to table to allow her an opportunity to speak with her fellow supervisors on this subject. Mr. Sauser stated that the chairmanship will stand as previously determined.

Mrs. Ewald stated that Fred Alston has volunteered to take the position of Emergency Services Coordinator and nominated him for the position. Mr. Sauser said he preferred to allow time to give consideration to any other interested candidates. Mrs. Ewald stated her concern for expediency due to the emergency nature of the position. Mr. Wert said he will remain in the position for a month or so until a successor can be appointed. He stated that the Emergency Services group is a highly cooperative group, and heíd like to consult with them before considering an appointment.

Appointments - Planning Commission

Mrs. Ewald moved to re-appoint Cheryl Atkins-Lubinski to the Planning Commission. Mr. Sauser amended the motion to re-appoint both Cheryl Atkins-Lubinski and Bill Davison and Mr. Wert seconded Mr. Sauserís motion. Mrs. Ewald called for discussion. She stated that sheíd like to discuss Mr. Davisonís appointment separately as she felt she canít support him due to a conflict situation that developed as a result of the Pyle Farm acquisition. Mr. Wert stated that he views Mr. Davison as an individual of high character and that he is confident that Mr. Davison would recuse himself on any issue that may be seen as a conflict of interest. Mr. Sauser called for a vote on his motion. Mr. Sauser and Mr. Wert were in favor, and Mrs. Ewald was opposed, making clear that she was opposed to Mr. Davisonís re-appointment but in favor of Ms. Atkins-Lubinskiís.

Sprint Spectrum Conditional Use Hearing - Continued from January 19, 1998

The proceeds were tape recorded and will be made available after transcribed.

DHR Ltd - Application for Roadway Revision

Bob Lessek of DHR Ltd. and Michael Burg, Esq. were present to discuss their request for approval of a roadway revision for a subdivision whose road is in Charlestown Township off Howells Road, while the homes will all be located in Tredyffrin Township.

Mr. Sauser stated that the applicant was given guidance at the December 15, 1997 meeting on ways to improve the plan, and a revision has since been submitted for consideration which has been reviewed by Mr. Kohli. Mr. Sauser asked if the problem with the Soil Conservation District had been resolved, and Mr. Kohli responded affirmatively.

Mr. Burg explained that the revision intends to lessen the slope of the first several hundred feet leading into the development, which will cause the remainder of the road to be steeper. The road is currently under construction utilizing the plan approved by Judge Gavin, but during this construction process the applicant had determined a revision to the plan to be desirable.

Mrs. Ewald asked Mr. Burg if he served on the Planning Commission of Tredyffrin Township at any time, and Mr. Burg responded that he was appointed in 1989 but was recused on this issue when it was before his Township.

Issues relating to Mr. Kohliís review letter of January 12, 1998 were discussed, primarily with regard to the French drain design and general maintenance.

Mr. Burg stated that Elizabeth Witmer, Esq. from his office drafted an Indemnification Agreement and had submitted it to Mr. Oeste for review. A second draft was prepared following Mr. Oesteís comments. The draft indicates that any accident caused due to the design of the redesigned portion will be indemnified. Mr. Oeste stated that this isnít acceptable as it would be difficult if not impossible to prove.

Mrs. Ewald stated that she recently walked the site with Planning Commissioner and adjacent property owner Michael Allen. She noticed that all the driveways at the top of the road were draining into the cul de sac. She recalled that the original plan called for a below ground detention basin under the cul de sac, no longer shown in the plans. She is concerned about the quantity of water that will come down this north-faced, steeply sloped road. She feels the deeper cut leading to the top of the road is unattractive and tunnel-like. Mr. Zeigler commented that heís also very concerned with stormwater control measures. He indicated his concern for the proximate Main and Robinson properties and urged the Board to ensure that stormwater measures are adequate under severe storm conditions. Mr. Kohli noted that inlets on the sides are insufficient and that drains should be placed across the road as well.

Mr. Wert commented that he is prepared to defer to Mr. Kohliís opinion on the adequacy of the stormwater management. He stated that the indemnification is of no benefit to the township unless it is complete. Since the Township has no liability for this road now, it makes no sense to assume any due to this road plan revision.

Mrs. Ewald strongly stated that she believes this road will be extremely dangerous and is concerned about future injury and loss of life.

Mr. Burg requested a decision from the Board, and Mr. Sauser stated that a motion would be entertained at this time. No motion was made. The applicant will return to the Board of Supervisors at the March 2, 1998 meeting at which time the issues on Mr. Kohliís review letter as well as the Indemnification Agreement will be further addressed.

Whitehorse Meadows - Homeowners Documents & Escrow Agreement

Michael Main, Thomas Main and James DelBello, Esq. were present to discuss the Homeowners Documents and Subdivision Escrow Agreement for the Whitehorse Meadows subdivision. Michael Main gave a brief background on the equestrian trail outlined in his letter of February 13, 1998 to the Board of Supervisors. Mrs. Ewald moved to approve the Declaration of Covenants, Conditions and Restrictions of Whitehorse Meadows and Mr. Wert seconded. All were in favor.

Mr. Kohli indicated that the Subdivision Escrow Agreement was in an acceptable form. Mr. Wert asked about the provision for an increase by 10% in the security deposit if the work is not completed in one year, and Mr. Oeste responded that this is standard language that provides sufficient protection for the Township. Mrs. Ewald moved to approve the Escrow Agreement and Mr. Wert seconded. All were in favor.

Mr. Kohli indicated that the final subdivision plans were acceptable and ready for signature.

Cellucci Request

Mr. Sauser referred to John R. Cellucciís request for a two year extension on his land development approval for his Phoenixville Pike property. Mrs. Ewald moved to approve his request for a two year extension, and Mr. Wert seconded. All were in favor.

Other Business

Transportation Management Association

Mr. Sauser referred to an upcoming meeting of the Transportation Management Association and authorized payment of the $19.98 fee for the Roadmaster or any Board member who wishes to attend.

Sewage Management Reimbursement Program - DEP

Mr. Sauser asked the Secretary if she had looked into the DEPís program for direct reimbursement of sewage management programs. Mrs. Csete responded that most of the eligible work was in the area of sewage enforcement, for which Charlestown has very little expense. She sent a memo to Mr. Kohli to request any additional input.

Derkas Subdivision & Zoning Hearing Board Application

The Board agreed to schedule an executive session teleconference, tentatively for February 20, 1998, to discuss the Derkas plan before the Zoning Hearing Board meets on February 25, 1998.

Truck Inspections - Route 29

Mrs. Ewald asked Mr. Sauser if he had arranged for the truck inspection division of the State Police to set up an inspection along Route 29 to enforce the covered load requirement for trucks. Mr. Sauser responded that he requested patrol of the area but not truck inspections in particular. While his understanding of the prior discussion did not include contacting the State Policeís special unit, he agreed to make the arrangements.

Pyle Holdover Agreement

Mrs. Ewald requested that the Board consider the Pyle Holdover Agreement for approval, as spring planting season is rapidly approaching. She explained that there was no monetary consideration for allowing the Pyles to plant and harvest the Townshipís recently acquired 20 acres of open space, but the Township benefits by saving on mowing costs and from the general satisfaction of seeing the land put to productive use. Mrs. Ewald moved to approve the Holdover Agreement as prepared by Mr. McErlane. Mr. Wert seconded and all were in favor.

Citizensí Forum - Items Not on the Agenda

H.A.R.B./Historical Commission Appointments

Charlie Philips reminded the Board of open positions on the H.A.R.B. in light of a meeting scheduled for February 17, 1998. Mr. Sauser stated that these appointments will be on the next agenda. Mrs. Ewald moved to re-appoint Janet Baldwin to the Historical Commission and William H. Wilson to the H.A.R.B. Mr. Sauser called for discussion. He stated his concerns over re-appointing Mr. Wilson at this time. Mrs. Ewald then moved to re-appoint Mrs. Baldwin to the Historical Commission. Mr. Sauser seconded and all were in favor.


Mrs. Ewald moved to adjourn and Mr. Wert seconded. All were in favor. The meeting was adjourned at 11:00 P.M. The next meeting will be held at the Charlestown Elementary School on March 2, 1998 at 7:30 P.M.

Respectfully Submitted,

Linda M. Csete,
Township Secretary