Board of Supervisors
Business Meeting
January 5, 1998
The first regular business meeting for January was held January 5, 1998 at the Charlestown Elementary School. John B. Sauser, Chairman, Irene W. Ewald, James E. McErlane, Esq., Surender S. Kohli, P.E., Linda M. Csete, Secretary, and those on the attached attendee list were present.
The meeting was called to order at 8:20 P.M.
Announcements
There were no announcements.
Nominations for Supervisor:
Mrs. Ewald suggested accepting recommendations and volunteers for Supervisor from the floor in order to develop a list of names for consideration. Liz Willow asked to be considered for the position. The following recommendations were also made:
Regina Notar recommended Kevin Kuhn, who declined.
Kevin Kuhn recommended Charles Philips.
Marcia Solda recommended Robert Wert.
Ellen Behrle recommended Joe O'Brien, who declined.
Clarence Rittenbaugh recommended John Martin, who declined.
Ellen Behrle recommended Stephen Schlichter.
Ellen Behrle recommended Durando Faggioli.
Marcia Solda recommended Vincent Kling.
Mr. Sauser stated that the Second Class Township Code outlines the legal procedure for appointing a Supervisor to fill a vacancy, which gives the remaining Board members 30 days to agree on an appointment. Otherwise, the Vacancy Board is activated and there is an additional 15 days to act. He pointed out that public input is not a part of this procedure.
Mr. Sauser nominated Robert Wert for Supervisor. Mrs. Ewald nominated Charles Philips, Stephen Schlichter, Durando Faggioli and Vincent Kling for Supervisor. There were no seconds. Mr. Wert indicated that he would be willing to serve if appointed.
No action was taken at this time.
Approval of Minutes
Mr. Sauser moved to approve the minutes of December 1, 1997 and Mrs. Ewald seconded. The motion passed.
Mrs. Ewald moved to approve the minutes of December 15, 1997 with a correction in the first sentence on the second paragraph on page two. She moved to strike this sentence and replace it with "Mrs. Ewald stated that the original road plan was imposed by Judge Gavin and is not the plan approved by Charlestown Township." Mr. Sauser seconded and the motion passed.
January Accounts Payable
Mr. Sauser requested that checks #1432 and #1433 to W.T. Jones and R. Merryman, respectively, be held for clarification. Mrs. Ewald requested that check #1434 to Rittenbaugh Inc. be held pending a review with the Roadmaster of their invoice and work referenced in it. Mr. Sauser moved to approve the January 5, 1998 Accounts Payable with the understanding that these three checks would be held for clarification and review. Mrs. Ewald seconded and the motion passed.
Zoning Officer's Report
Mrs. Ewald requested that Mr. Kohli check on additional complaints at the Jones residence on Valley Hill Road, where deliveries are continuing to be received despite a court order prohibiting the operation of his business at this location.
Planning Commission Report
Mr. Churchill reported that no actions were taken at the December 9, 1997 meeting. The Planning Commission discussed two proposed ordinance amendments and a subcomittee meeting was held with John Panizza to discuss the Pyle/Coryell tract. Mrs. Ewald indicated that there are two vacancies on the Board due to two expired terms which remain to be dealt with. Mr. Churchill stated that the Board will continue to include the two expired term members on non-voting issues until the Board has taken action.
Roadmaster Report
Mr. Thompson had nothing to add to his written report.
Fire Marshal Report
Mr. Alston had nothing to add to his written report.
Parks and Recreation Board
Mr. Connolly had left the meeting prior to this time.
Valley Forge Sewer Authority
Minutes from the December meeting have been received.
Citizen's Forum
Mr. Kuhn, president of Charlestown Green, read a statement indicating that Charlestown Green is circulating a petition to include the question of increasing the number of members on the Board of Supervisors from three to five as a referendum item on the next primary ballot.
Megan Connolly urged the Board to work together toward a consensus on selecting a supervisor for the vacant position.
Emergency Operations Center
Robert Wert, Director of Charlestown Township Emergency Operations, gave a summary of events leading up to the move of the EOC from the Charlestown Elementary School to the Great Valley High School. Benefits of the move include a dedicated facility that won't require tear down and set up for each drill and a location outside the 10 mile limit of the Limerick Generating Station. In answer to Mrs. Ewald's question, Mr. Wert stated that the fact that the Board wasn't notified prior to the move was an unintentional oversight.
Pyle Holdover Agreement
Mrs. Ewald moved to direct the Solicitor to draw up a draft agreement permitting the Pyle family to plant and harvest crops on the parcel recently acquired from them by the Township until they move to another farm. She stated that it is to the advantage of the Township to keep the land in use. Mr. Sauser seconded the motion and the motion passed.
Little People Day School
Mr. Sauser stated that he spoke with Mr. Kohli about design and landscaping shortcomings at the Little People Day School in the Commons at Great Valley. Mr. Kohli requires more time to review the information before making a recommendation to the Board.
Signal Service Contract
Mr. Sauser moved to approve the 1998 contract pending the solicitor's review. Mrs. Ewald seconded and the motion passed.
Agricultural Security District
Mr. Sauser explained that Janet Baldwin obtained signatures from property owners who, combined, own more than 100 non-contiguous acres of land that are eligible to form an agricultural security district. Mrs. Ewald stated that the next step is to appoint a committee to include one resident, three active farmers and one member of the Board. She suggested Mrs. Baldwin as the resident member and volunteered herself as the Board member. Mrs. Ewald moved to request that Mrs. Baldwin contact eligible farmers to submit a list of names for consideration before the next meeting. Mr. Sauser seconded and the motion passed.
Escrow Releases
Escrow Release Requests submitted for review by the Township Engineer were tabled until the next meeting on January 19, 1998.
Nominations for Supervisor (Continued Discussion)
Mrs. Ewald provided a brief background on those nominated, and Mr. Schlichter and Mr. Kling added some details on themselves. She suggested that interviews be scheduled with any interested individuals. Mr. Sauser disagreed with this suggestion. Mrs. Ewald moved to direct the Secretary to send postcards to all residents informing them of the vacancy and inviting applicants to come forward. Mr. Sauser moved to direct the Secretary to advertise the vacancy in a local newspaper of general circulation. Neither motion was seconded. Mrs. Ewald stated that she intended to meet any interested candidates on January 12, 1998 at the Charlestown Elementary School at 7:30 P.M. Mr. Sauser stated that the next meeting of the Board of Supervisors will take place on January 19, 1998 at 7:30 P.M. at the Great Valley Nature Center.
Adjournment
The meeting was adjourned at 10:05 P.M.
Respectfully Submitted,
Linda M. Csete, Secretary

Board of Supervisors
Business Meeting
January 19, 1998
The second regular business meeting for January was held January 19, 1998 at the Great Valley Nature Center. John B. Sauser, Chairman, Irene W. Ewald, James E. McErlane, 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 7:30 P.M.
December 1997 Treasurer's Report
Mr. Sauser moved to approve the Treasurer's Report for December 1 - 31, 1997 and Mrs. Ewald seconded. The motion passed.
Citizen's Forum
Mrs. Ewald requested that the appointment of a Township Supervisor be placed under Old Business on the agenda. Mr. Sauser stated that this matter can be covered under "Other Business" toward the end of the meeting.
Conditional Use Hearing: Sprint/Spectrum
Mr. Sauser opened the hearing for the Sprint Spectrum Conditional Use Application and announced a continuance to February 16, 1998 per the applicant's request since the draft decision is not ready. Mrs. Ewald stated that she wished to hear testimony by Tom Comitta and Bob Smiley and that this could have taken place this evening to avoid unnecessary delays in the process. Mr. Sauser closed the hearing and said it will be continued to February 16, 1998.
Vibratech Inc. - Independent Testing Report of Blasting at the Devault Quarry
John Ressitor of Vibratech Inc. presented results of testing undertaken on ten occasions between June 27, 1997 and August 14, 1997. Six seismographs were placed at various locations in the township for each test. Some test sites were varied so that 14 separate locations were tested in all, producing 60 recordings. Mr. Sauser noted that he, Mr. Kohn and Mrs. Ewald met with the township engineer in executive session for a briefing on these results.
Mr. Ressitor stated that the intensity of all the vibrations were found to be in compliance with both Pennsylvania and Federal laws. The highest recording indicated a ground shift of .3 inches per second, a displacement he describes as less than the thickness of a sheet of paper. The Pennsylvania limit is 2.0 inches per second. The accepted research finds that a movement of 4.0 inches per second will cause damage to a home. He clarified for the audience that this form of measurement is not the same as that done for earthquakes, i.e., measured at the epicenter of the event and calibrated on the Richter scale.
Mr. Ressitor noted that the shock wave frequency of the blasts correlates very closely to the natural frequency of the structures, such as houses, in the range of 2 - 20 hertz. This causes resonation which in turn magnifies the vibration felt in the house. This enhancement effect was still found to be within legal limits. Mr. Churchill asked if the frequency can be increased to minimize this effect, and Mr. Ressitor responded that it is possible to do so. He noted that the air shock that accompanies a blast also enhances the vibration through the ground, but that this is unavoidable.
Tony Webb asked about the cumulative effect of the explosions. Mr. Ressitor responded that studies show this has no effect if the vibrations fall under the fatigue factor of the structure, which is the case in these blasts.
Louise Cantrell-Kehoe asked if the Township can enforce stricter standards than the state or federal governments. Mr. McErlane responded that it can't be done, and in addition, some standards were set as part of prior township approvals.
Mr. Webb stated that he noticed the blasting was less severe during the testing time. Mr. Kohli responded that he doesn't believe this to be the case, as he directed where and when to test and the quarry was asked to be consistent. Mr. Kohli pointed out that the State performs testing continuously, and tests during the study period had similar results.
Mr. Kling recalled a similar problem with the Warner Quarry several years ago when St. Peters Church had broken windows attributed to its blasting. The solution at that time was to change the point of penetration of the blasts.
Ms. Cantrell-Kehoe asked if the measurements for vibration can be taken from the inside of a home, and Mr. Ressitor responded that because there are two many variables that can effect the results, the only acceptable standard is to measure from the outside.
Ms. Cantrell-Kehoe also stated her concern for the students at the Charlestown Elementary School, who are disturbed by the blasting. She asked if the school can be notified prior to the blasting so an announcement can be made over the PA system. She commented that the effects of the blasting have been psychological and emotional as well as physical. She, and another resident, who has 26 broken windows in her house, each remarked that they avoid having people in their homes during the week when blasting is likely to occur.
Mr. Kohli stated that he met with William Corson of Devault Crushed Stone earlier today along with John Ressitor, and they discussed the development of a "vibra-map" which would be used to change the frequency of the vibrations. This, along with tighter controls on the blasting times, could lessen some of the problems experienced by residents. Mr. Ressitor explained that a vibra-map is developed via computer following extensive testing at 150 sites. Production shots and single hole shots are set off to create a vibration signature. Computer analysis then determines the optimal millisecond time frame for the blasts.
A resident asked about the air concussions that accompany the blasts. Mr. Ressitor responded that federal guidelines vary from 129-135 dB. The largest measurement he obtained under the study was 120-123 dB. He pointed out that the sound doubles every six decibels, so that even though a reading of 120 dB seems high, it is actually under half the limit. He acknowledged that the air concussion causes elongation of the blasting episode and, if over the limit, can cause glass to break.
William E. Corson, President of Allan B. Myers who owns and operates both Devault Crushed Stone and Great Valley Materials, expressed his interest in working on solutions together with residents. He stated that Mr. Ressitor toured the quarry and Vibratech will make recommendations and provide a cost estimate on January 26th. After this information has been received, they will work with the Board on solutions. He noted that they've made progress on the lessening the effect of back up alarms as much as possible while remaining within MOSHA and OSHA guidelines. Strobe lights are used whenever possible, and the sound alarms have been changed to a less irritating volume and pitch. He invited any interested residents to tour the facility.
A resident complained that the trucks coming in and out of the quarry speed and often don't cover their loads. He noted that this is the case with the independent trucks and not the quarry's trucks. Mr. Corson stated that they have no control over these trucks. Mrs. Ewald suggested that since it's a law in Pennsylvania that all loads be covered, the State Police can be brought in to undertake truck inspections. Mr. Sauser agreed to contact them. He requested that observers who see uncovered trucks try to obtain a license number and company name on the truck and report them.
A resident complained of noise at night and asked what constitutes "operations", which are only permitted between 6:00 A.M. and 6:00 P.M. Mr. McErlane responded that mining and operating of heavy equipment are prohibited, but not maintenance work and movement of materials. Mr. Corson stated that their agreement with the township outlines the work permitted during night hours, and that they remain within its parameters and decibel levels proscribed. Mrs. Ewald suggested reviewing procedures at the quarry to see if louder activities can be scheduled in the evening hours, for example, between 6:00 and 8:00 P.M., and Mr. Corson agreed to look into it. Mr. Corson further noted that the Great Valley Materials operation has no restriction on hours of operation, and people may be hearing this noise at night and thinking it comes from the quarry. Dr. Stewart commented that the sound of banging tailgates is most noticeable at night. Mr. Kohli stated that this has been addressed. Dr. Stewart also asked about a dampening system to control dust after blasting, and Mr. Corson responded that they're still looking into this but haven't found a solution as yet.
Mr. Corson recapped his intentions to work with Vibratech to develop a Vibra-map report; set specific times for blasts, and work toward reducing the number of blasts in a given period of time to possibly as few as twice a month instead of one to two times per week as is the current practice. Mr. Ressitor noted that the implementation of a plan may take several months in light of the extensive mapping that must be done.
DHR Ltd.
Mr. Sauser stated that the applicant has requested an extension until February 16, 1998 for the Board to consider their request for approval of a new driveway plan for the Valley Forge Trails development. Mrs. Ewald asked why this meeting doesn't take place in court, as the original approval was court-ordered. Mr. McErlane responded that the Board of Supervisors has the option of acting if they wish to.
Salt Shed - Estimates for Roof
Mr. Sauser stated that additional estimates are still being sought and tabled the matter until February 2, 1998.
Escrow Releases
Mr. Sauser moved to approve Charlestown Oaks Escrow Release #4 for $167,579.75. Mrs. Ewald seconded and the motion passed.
Mr. Sauser noted that since Mrs. Ewald is recused on matters dealing with Charlestown Hunt, he consulted with the solicitor over the escrow release requests for this project. Mr. McErlane indicated that Judge Wood stipulated several years ago that these requests don't need to come before the Board for a vote and that the Engineer and one Board member can release the funds. Mrs. Ewald questioned the outstanding issue of Broadwater Lane and the Board's vote last year to limit the number of building permits issued until this matter is resolved. She noted that two accidents served to close Route 29 for a short period one day last week and residents who would use Broadwater Lane as a secondary emergency egress found it unusable in its current condition. Mr. Kohli responded that the road was in place from the Andersen property to the Charlestown Hunt property, with concrete checker blocks to be installed in the spring. The area adjacent to the Rectenwald property is currently 8 to 9 feet in width. It has not been improved to 12 feet as required. Realen Homes must either relocate the road within the existing easement, or come to an agreement with the Rectenwalds to extend onto their property. He stated that Mr. Oeste has been communicating with Realen attorney Marc Kaplin on this issue. The road is stabilized for access by regular cars. Mr. Churchill pointed out that this emergency access is for emergency vehicles only and is not to be used by the residents, even if Route 29 is closed. In such a case, residents will simply have to wait for Route 29 to be cleared. Mr. Sauser stated that he'll contact Bob Dwyer at Realen to express the Board's disappointment over the lack of resolution on this issue. He stated that he will approve and sign Realen's escrow release requests as follows:

• Phase I Request #9 for #268,774.23
• Phase II Request #2 for $104,871.35
• Phase IV Request #2 for $217,308.00
• Phase IV Request #2 - Recreation & Fitness Center for $395,972.30
• Phase V Request #2 for $281,512.28

• Richard Huey
• Louise Cantrell-Kehoe
• Liz Willow
• Stephen Schlichter
• Wendy McLean

• Charles Philips
• Durando Faggioli
• Vincent G. Kling Sr.