Charlestown Township Board of Supervisors Business Meeting Minutes of December 17, 2007

The second business meeting for December was held December 17, 2007 at the Great Valley Middle School, Room 154. Kevin Kuhn, Chairman, Mike Rodgers, Vice Chairman, Paul Hogan, Hugh Willig, Charlie Philips, Mark Thompson, Esq., Surender S. Kohli, P.E., Aliena Gerhard, Linda M. Csete, Township Administrator, and those on the attached list were present.

Mr. Kuhn called the meeting to order at 7:32 P.M.

Announcements - none

Citizens’ Forum for Non-Agenda Items

No matters were brought forward.

Approvals

Minutes of December 3, 2007 Meeting

Mr. Rodgers moved to approve the minutes of the December 3, 2007 meeting, and Mr. Hogan seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund Dec. 17, 2007

Mr. Rodgers moved to approve the Dec. 17, 2007 Operating Fund Accounts Payable Report and Mr. Philips seconded. Mr. Kuhn called for discussion and there being none, called the vote, and all were in favor.

Hearings

Robal Associates

Mr. Thompson opened the hearing for Robal and read an email dated 12/10/07 from Debbie Woodall at Tupitza and Associates requesting a continuance due to the unavailability of their witness, Wayne Grafton. No testimony was heard. The hearing was continued to January 22, 2008, 7:30 P.M. at the Great Valley Middle School, Room 154.

Local Services Tax Ordinance

Mr. Thompson opened the hearing to consider an ordinance to enact the Local Services Tax, which replaces the Emergency Services Tax. The proceedings were recorded by Tom Corcoran, court reporter.

The following items were entered into the record by the Township:

• T-1 Proof of Publication from Daily Local News
• T-2 Letter dated 11/20/07 to the Daily Local News requesting publication
• T-3 Letter dated 11/20/07 to the Chester County Law Library
• T-4 Public Notice
• T-5 Draft Ordinance

Mr. Thompson explained that the new ordinance is required due to changes in the Local Tax Enabling Act renaming the Emergency and Municipal Services Tax as the Local Services Tax. The Township is not proposing a tax increase at this time but will continue to levy the tax at the rate of $10.00 per year for persons employed within Charlestown Township. The hearing was closed. Mr. Rodgers moved to adopt Ordinance #142-2007, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Old Business – None

New Business

Open Space Matters

McDevitt Easement Acquisition

Open Space Director Aliena Gerhard announced that on December 10, 2007, the Township purchased an easement from the McDevitt family on their 92 acre property. The easement will contain riding and walking trails, nature study and bird watching opportunities. There will be a small grass parking lot. One additional home is permitted on the property; otherwise it is restricted from further development.

Two Donated Easements

Mrs. Gerhard announced that settlement would take place tomorrow on a 50 acre easement on Mine Road, which is being donated by the Fillippos. Another easement of 3.5 acres, located off Sycamore Lane, will close toward the end of the year. It is being donated by Michael Koenig and Luciana Marulli.

Kling Easement Acquisition

Mr. Philips moved to authorize the purchase of development rights on 61.8 acres of the Kling Property on Pikeland Road in the amount of $1,600,000 and Mr. Willig seconded. Mr. Kuhn called for discussion and then the vote and all were in favor.

General Discussion

Mr. Hogan asked for the total amount of conserved acres, and Mrs. Gerhard estimated 600. Mr. Philips asked what percentage this is of the total acreage in the Township, and Mr. Kuhn estimated 20-22%. Mrs. Gerhard said landowners have donated over $10 million of their land value to protect open space. The Board commended her on her work in preserving open space for the township.

PennDOT Design Issues Relating to the Proposed TND

At the Planning Commission’s request, architect Perry Morgan presented graphics illustrating how the Township’s Traditional Neighborhood Development (TND) guidelines for walkways, crosswalks, and pedestrian access could work with PennDOT’s proposed improvements for the Devault Area. Mr. Motel said he, Mr. Allen, Mr. Morgan, Mr. Kohli and Planning Commissioner Wendy Leland met on Dec. 4th to discuss 14 road related design issues that were incorporated into the sketches to be shown this evening. Mr. Allen indicated that these designs have no major impact on the TND ordinance itself, which will be advertised for consideration of adoption at a hearing on January 22nd. Mr. Motel said PennDOT had previously indicated that a walkway under the Turnpike on Route 29 was impossible, but following some suggestions from Mr. Kohli, the Planning Commission will approach them again to see if something can be made to work. Mr. Kohli added that for that walkway and other proposed enhancements, there is a question of who will pay for them.

Mr. Morgan distributed a list of the exhibits and said he was charged with reviewing PennDOT’s plans and seeing how to meld the Township’s TND plans into them. Goals were to make the roads safer and to integrate bike trails, while following PennDOT’s required specs. In some areas there was a lot of room to work with while other areas had little.

Mr. Morgan said he put all the sketches in CAD to obtain the necessary accuracy in the tight areas and to allow for ease in making revisions.

Sketches included:

• Overall sketch showing Whitehorse Road with two lanes in each direction coming off Route 29, then splitting into a boulevard with a center median strip. Parking and a bike lane are separated by another narrower median. A walkway is shown under the Turnpike Bridge on Route 29.
• Larger version of the same sketch. Parking along the sides of the boulevard is shown at a 45 degree angle, with cars meant to back into the spaces and pull out forward. He said this could be reversed. There are three intersections allowing access to the opposite side of the boulevard, with only the third intersection signalized. The two closest to Route 29 are not signalized, and may need left turn restrictions during busier traffic hours.
• Cross section of the intersections
• Enlargement of the road system
• Enlargement of the intersections showing the widths of the road, center island, bike path, parking, etc.
• Walkway under Turnpike Bridge: Three options were shown, including:
  1. two 12-foot travel lanes in each direction with a 6 foot pedestrian walkway on each side;
  2. two 12-foot travel lanes in each direction with a 2-foot Jersey barrier and 5 foot walking path on either side. Mr. Morgan noted this follows the PennDOT standard but is tight;
  3. two 11-foot travel lanes in each direction with a 2-foot Jersey barrier and 6-8 foot walking path on either side. Mr. Kohli said PennDOT will want the full 12 foot lanes.
• Bike Lanes
• 9 drawings - Traffic Pattern perspectives. Mr. Willig was concerned about high speed cars entering the TND from the east and coming into the area too fast. He said he’d like to see a view of Whitehorse Road from the area of Rees Road. Mr. Kohli said the traffic signal will be visible for some distance approaching from the east.

Mr. Morgan said he’ll meet with Mr. Kohli to make changes based on comments this evening, including the possibility of narrowing the lanes on Whitehorse and expanding the medians. The next step will be to return to PennDOT for evaluation and comments.

Mr. Motel asked Mr. Morgan if he’d change any of the layout in TND area 2, such as the location of the crossover boulevard. Mr. Morgan responded it was perfect as shown.

Mr. Motel said for the future, he’d like to see sketches on water handling on Tom Fillippo’s property adjacent to the Turnpike off Route 29. Mr. Morgan said he’s getting information from the civil engineering department at Penn State on designs for handling rain water runoff that may be of use.

The Supervisors thanked Mr. Morgan for his presentation.

Desfor Escrow Release #2

Mr. Philips moved to approve escrow release #2 for Desfor Farms, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Deerfield Escrow Release #1 for Phase 2

Mr. Rodgers moved to approve escrow release #1 for Phase 2 of Pulte’s Deerfield subdivision, and Mr. Philips seconded. Mr. Kuhn called for discussion. Mr. Philips expressed concern about the landscaping, and replacing the previously existing hedgerow in particular. Mr. Kohli said there is still a large amount of escrow funds being held back for landscaping, and he’ll make sure Tom Comitta knows to monitor the progress closely. Mr. Rodgers asked about the stockpile of dirt in the open space area, and Mr. Kohli said it’s being stored there temporarily but will eventually be leveled out. Mr. Kuhn called the vote and all were in favor.

Deerfield Escrow Release #2 for Phase 1

Mr. Philips moved to approve escrow release #2 for Phase 1 of Pulte’s Deerfield subdivision, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Change Order #2 – Charlestown Park Improvement Project

Mr. Kohli said Lechmanik Inc. requested a change order to amend the contract extending the 100 day completion requirement since final grading will have to wait until spring. Also, the wait necessitates an additional cost of $3,300 for stabilizing the lacrosse field over the winter months, and for mobilizing and de-mobilizing their equipment.

Mr. Kohli indicated a third change order was just received for work relating to a stormwater rain garden. He said he has a less expensive option alternative he’ll address with the Chester County Conservation District to see if they would find it acceptable.

Mr. Hogan moved to approve change order #2 for the Charlestown Park improvement project for the installation of a new lacrosse field by Lechmanik, Inc. Mr. Willig seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Lechmanik Inc. Payment Request #4 – Charlestown Park Improvement Project

Mr. Rodgers moved to approve Lechmanik Inc. payment request #4 for the installation of the Lacrosse field at Charlestown Park, and Mr. Philips seconded. Mr. Kuhn called for discussion, and their being none, called the vote. All were in favor.

Tax Levy Resolution for 2008

The Secretary noted that all taxes listed on the resolution, including real estate millage, per capita, local services (formerly emergency management), real estate transfer and earned income tax, remain the same as in 2007.

Mr. Rodgers moved to approve Resolution #690-07 setting the taxes for 2008, and Mr. Kuhn seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Budget Resolution to Adopt 2008 Budget

Mr. Philips moved to approve Resolution #691-07adopting the 2008 Budget and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor. The Board thanked Mrs. Csete for her work on preparing the 2008 budget, which was reformatted and included supplemental information that clarified the process.

Adjournment

The meeting was adjourned at 9:04 P.M. and the Board went into executive session to discuss legal matters. The next meeting is scheduled for January 7, 2008, 7:30 P.M. at the Great Valley Middle School.