Board of Supervisors Meeting Minutes

7:30 p.m., January 25, 2010

In attendance: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.

1. Call to order: Conary called the meeting to order at 7:30 p.m. and led the Pledge of Allegiance.

2. Announcements: Brutscher announced Kennett Area Regional Planning Commission (KARPC) met on January 19^th. New Garden Township will serve as Chair for 2010. KARPC members so inclined continue to review the regional police study. Secretary is directed to contact the Avondale State Police Barracks requesting a representative to attend a Board meeting to discuss relocation of trooper headquarters and availability of accident reports. Board awaits stormwater management report from Township Engineer regarding 100 Hickory Hill Road. McNemar met with representatives from the Chester County Conservation District regarding stimulus grant for tree planting along riparian buffers in the watershed. McNemar and Brutscher attended the Open Space Advisory Committee on January 21^st. McNemar and Susan Simone will attend a meeting regarding the 2010 Census on January 29^th.

3. Public Comment: none.

4. Founders Day Committee (FDC) Update: Sandy Retzlaff submitted draft text for sponsorship letters for Board approval. A few edits were noted Discussion ensued regarding the nature of the collateral marketing material. The Board reviewed and approved with appropriate revisions the draft text for letter to be sent to the homeowner associations soliciting volunteers.

5. Barnard House Update: Risk Associates will meet with Dennis Melton and Board members on January 27^th at the site to review the project scope. Conary noted downspouts installed by G. Fedale are functioning. Treasurer is directed to release payment to G. Fedale. Additional downspout installation will not be required at this time. Board reviewed and approved the outline of ideas for a volunteer clean-up or community kick-off day on April 18^th at the site. Barnard House Steering Committee will confirm details. Public Works Department will be asked to assist as needed.

6. Public Works Report: Lane submitted and the Board accepted as written a public works report for the week of January 25, 2010. The report was supplemented with the following discussion:

a) Infrastructure – Repairs to the Red Bridge Lane bridge are complicated by rusted, corroded, worn bolts and the lack of equipment to handle 12 x 12 beams. Lane requested and Board agreed that he seek guidance from Township Engineer on how to proceed with the repairs identified in the report submitted by McCormick Taylor. Lane reported a resident on Haines Mill Road seeks approval for installation of a traffic-calming device adjacent to driveway entrance. Discussion ensued regarding the type of device that may be permitted as well as potential liability issues. Secretary is directed to draft a formal resolution that establishes the particulars of a traffic-calming device and its specific location.

b) Parks – Lane reported that fence rails at Pocopson Park will be replaced weather permitting. Measurements have been taken for the location of an additional swing set.

c) Personnel – Board reviewed Resolution No. 2010-8 establishing pay rate for intermittent employees assisting the Township with snow removal.

Motion: Conary moved to adopt Resolution No. 2010-8 as presented; McNemar seconded; motion unanimously approved.

Motion: Conary moved to approve the hiring of Paul Parsons effective January 25, 2010 as intermittent public works employee; Brutscher seconded; motion unanimously approved.

7. Open Space: McNemar and Brutscher attended the Open Space Committee meeting January 21^st to discuss the methodology for calculation of the Cresta offer. A determination was made that the offer was calculated fairly and equitably when juxtaposed with all similar projects with any value added as identified by the Open Space Advisory and Park, Recreation and Trails Committees. Recommendation was made to meet with Cresta to explain the calculation process. Ezekiel Hubbard and Tom Bierl, Trail Feasibility Study Co-Chairs, outlined the particulars of negotiations required with adjacent landowners in order to make trail connections. They also reviewed value of trail negotiations as related to the overall appraised value of the property. Conary will seek information from the County regarding trail appraisals.

8. Emergency Operations Plan (EOP) for Pocopson Township: Hubbard reported that Chris Conaway has agreed to serve on the EOP Committee. Secretary and Hubbard continue to review the 2003 EOP to identify updates.

9. DRAFT Community Trails Master Plan: Bierl and Hubbard reviewed the “Draft Community Trails Master Plan” and the “Draft Community Trails Feasibility Study” previously distributed to the Board for comment. Noting significant edits to both documents, the Board requested a work session with Bierl and Hubbard to incorporate the edits. When finalized, the document will be submitted to the Pennsylvania Department of Conservation and Natural Resources.

10. Planning Commission (PC) Update: Secretary provided a brief report of the Planning Commission meeting held January 20, 2010, noting that the PC continues to work on pre-draft ordinances for windmills, fences/walls, and noxious weeds. Secretary was reminded by the Board that PC review of the Chester County Solid Waste Management Plan is required before the next regular meeting of the Board of Supervisors.

11. New Business: Bierl reported on the status of the trail bridge on the trail connecting Overlook Circle and Red Bridge Farms. McNemar noted that a permit is on file for construction of the trail bridge and that there are funds held in the Overlook development escrow for construction. Board agreed that the Township Engineer should be contacted regarding establishing a budget and time line for installation of the trail bridge, particularly in light of the opportunity to apply for a matching grant from the County.

12. Old Business:

a) Delaware County Regional Water Quality Control Authority (DELCORA) – settlement rescheduled for transfer of the Riverside Wastewater Treatment facility until March 1. The Township, Toll Brothers, and Artesian continue to work through the punchlist of items to be completed prior to Closing.

b) 60 Bragg Hill Road Tax Parcel 63-1-42.4 – landowner requests a meeting with the Township regarding the building permit plan. Brutscher will contact the landowner to schedule a meeting.

c) Resolution No. 2010-9 – Board reviewed effect of intervening Township ordinances on extension granted the Brutscher three-lot subdivision. Brutscher abstained from voting on the Resolution due to personal interest.

Motion: Conary moved, McNemar seconded to adopt Resolution 2010-9 regarding substantial completion of required improvements of the Brutscher three-lot subdivision pertaining to zoning classification or density, lot, building, street or utility location unaffected by intervening Township ordinance changes; motion unanimously approved.

13. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for January 25, 2010 recommended for payment by the Treasurer. General Fund: 16 bills due for payment totaling $38,308.80; 6 debit card purchases totaling $361.14. Highway Aid: 3 bills due for payment totaling $4,951.39. Open Space Loan: 1 bill due for payment for $2,398.60. Conary moved, Brutscher seconded, to accept the December 2009 Financial Report prepared by the Township Treasurer; motions unanimously approved.

14. Correspondence: Board requested Secretary send a copy of the January 5, 2010 Pennsylvania Department of Labor Uniform Commercial Code Audit to the Brandywine Valley Association for their information and file. No action required regarding the commercial structure.

15. Approval of Minutes: McNemar moved to approve the Budget Work Session Minutes of November 4, 2009 as presented; Conary seconded; motion unanimously approved. Brutscher moved, Conary seconded to approve the Budget Work Session Minutes of November 17, 2009 as presented; motion unanimously approved. Conary reviewed revisions to the Organizational Meeting Minutes of January 4, 2010. McNemar moved, Conary seconded to approve the January 4, 2010 Minutes as revised; motion unanimously approved. Brutscher moved, Conary seconded to approve the January 11, 2010 Minutes as revised; motion unanimously approved.

16. Adjournment: At 10:20 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

___________________________________ _____________________________

Susan E. Simone, Administrative Secretary Stephen R. Conary, Chair