Board of Supervisors Meeting Minutes

7:30 p.m., Monday, October 25, 2010

In attendance: Stephen R. Conary, Lauressa J. McNemar, P.E., Georgia F. Brutscher joined the meeting in progress at 8:45 p.m. Committees – Sarah Mims, Chair, Historical; Ezekiel Hubbard, Chair, Parks, Recreation, and Trails; Gary Summers, Chair, Planning Commission; Guests – Jane Fava, Red Streams Blue Program, Brandywine Valley Association/Red Clay Valley Association; Jack Becker, Becker Subdivision.

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

2. Announcements: Conary attended the Kennett Area Regional Planning Commission meeting on October 19^th; in the absence of a quorum no business was transacted.

3. Public Comment: Gary Summers of 1 Larkin Baily Road, representing the Corinne/Locust Grove residents, brought to the attention of the Board a potential violation by Toll Brothers of Section 250-95 of the Township Code regarding lighting standards. Specifically, the floodlights illuminating the model home may be in excess of what is permitted in the Code. Board will follow-up with Toll Brothers and may request assistance from Yerkes Associates, Zoning Official.

4. Historical Committee Report: Sarah Mims reviewed preliminary plans submitted by the architectural firm Frens and Frens, LLC, for renovations to the Locust Grove Schoolhouse. The architects are evaluating the slope on Corinne Road as it affects the installation of restrooms that comply with the Americans with Disability Act (ADA). A graded ramp and ADA compliant trail system for access to the Schoolhouse and its facilities is being considered. Installation of outdoor composting restrooms is costly; a restroom facility inside the building envelope is an immediate advantage in terms of installation costs and efficiency in terms of operating costs on a year-round basis. Mims is pleased with discussions regarding the interior features including constructing a teacher’s platform that doubles as a storage area and the use of desk/benches with stools for ease in modifying the space to make it a multi-use room. Board was pleased with the preliminary plan as shown. Mims reported that the time limit for the state grant is June 2011. For this reason, Frens and Frens will be putting the bid package together for construction and mechanical work on the Schoolhouse.

5. Christina Basin TMDL Plan: Jane Fava, Red Streams Blue Program, Brandywine Valley Association/Red Clay Valley Association presented the components of the Pennsylvania Christina Basin Restoration and Total Maximum Daily Loads (TMDL) Implementation Plan (“The Plan”) with focus on commitment of municipal participation. The Plan is watershed based, with portions of The Plan used for municipal MS4 requirements. A lengthy discussion ensued guided by the Board’s questions concerning identification of the common approach and specific projects to be identified to alleviate erosion problems on a watershed basis. Pocopson Township’s participation in The Plan does not negate the MS4 requirements mandated by the state. Participation does, however, allow Pocopson to be part of a comprehensive plan overseeing restoration projects along with 20 to 25 Townships in the Christina watershed. Fava reported that to date 13 townships have agreed to participate. She clarified that Pocopson Township is required to identify 5 projects with flexibility to complete 2 during 2011. The estimated total cost for participation in The Plan with 25 municipalities participating is approximately $2,000.00. Fava noted that The Plan does not have a written endorsement or written description of outfalls from the Pennsylvania Department of Environmental Protection (DEP). However, with the expectation that additional regulations may be forth coming regarding sediment control and farm conservation plans, the DEP is supportive of The Plan.

Motion: McNemar moved, Conary seconded, to participate in and meet municipality requirements for the development of the Pennsylvania Christina Basin Restoration and TMDL Implementation Plan.

6. Public Works Report: Public Works Director submitted and the Board accepted as written a Public Works report dated October 25, 2010. The following discussion supplements that report: Board reviewed proposals for HVAC maintenance contracts and requested additional proposal for the Public Works garage. Gary Summers requested clean up of debris on his property that was deposited by the Public Works Department.

Motion: Conary moved, McNemar seconded, to sign the Membership Agreement for participation in the Pennsylvania One Call System effective immediately with inbound notifications sent by email to Public Works regarding municipality activity.

7. Open Space Advisory Committee (OSAC) Requests: Bruce Yelton appeared before the Board regarding his offer made earlier in the year to sell development rights on an 11-acre tract. He provided the Board with copies of a Self-Contained Appraisal prepared by Stephen B. Collins, IFA, dated October 14, 2010. Board will review status of his offer with OSAC. Board reviewed OSAC letter dated October 25^th regarding site visits to the Bittle and the Stewart properties. Discussion ensued regarding the designation of the BVA as an easement-holding conservation organization and the request by Bittle for land development guidance.

Motion: Conary moved, McNemar seconded, to proceed with development of draft easements, contract for appraisals, and survey work for Stewart and Bittle as recommended by the OSAC.

Motion: Brutscher moved, McNemar seconded, that conditional approval of an easement agreement with Bittle is contingent upon resolution of the scope of work for desired preliminary land development.

8. Planning Commission (PC) Report: Summers summarized the meeting of the PC meeting held October 20^th which included a presentation by Jack Becker on the Becker Subdivision/East Side of Pocopson Road being parcels 63-4-148 and -148.1. A revised final sketch plan dated October 13, 2010 prepared by Hillcrest Associates was reviewed on the 20^th and during the meeting this evening. Summers noted that the PC agreed that the revisions were favorable but did not make a recommendation pending final revisions to the plans. Becker provided background regarding PennDOT reviews and adjustments to the parking areas. Summers reported that the PC continues to work on revisions to the Code and that a Comprehensive Plan work session will be scheduled for January 2011.

9. Old Business: Board reviewed draft of the Kennett Underground Railroad Center (KURC) letter of intent for the lease proposal of approximately 800 square feet in the Eusebius Barnard House.

Motion: Conary moved, Brutscher seconded, to approve the KURC letter of intent as revised.

Brutscher reviewed a sketch plan submitted by Barney Leonard requesting modification of the definition of the point where Bragg Hill Road changes from a public right-of-way to the trail easement. Leonard is working with neighboring landowner on relocation of utility poles. Board is cognizant of Leonard’s desire to maintain the natural aesthetics of the roadway while meeting the needs of the Township regarding sufficient turn around area for snow plowing and ice control. Board agreed that Krisp Communications should proceed with completion of the Chester County Conference and Visitors Bureau Grant Application for submission on or before the November 1, 2010 deadline. Board noted receipt of Township Landscape Architect’s review and comment letter regarding the Landscape Plan for Lot 3, Berlin Subdivision.

10. New Business: Brutscher reported that the Brandywine Valley Association would like to meet with the Board regarding the scope of work for renovation of the barn located on the property.

Motion: Brutscher moved, McNemar seconded, to adopt Resolution 2010-26 designating collection of earned income and net profit taxes in accordance with Act 32 collection and said taxes to be collected by the new Act 32 tax collector appointed by and under master contract with the Chester County Tax Collection Committee.

Motion: Conary moved, McNemar seconded, to direct the Township Solicitor to proceed with review and disposition of the Comcast Franchise Agreement as proposed.

11. Treasurer’s Warrants: Conary moved, McNemar seconded, to approve the Bill Payment Lists for October 12 – October 25, 2010 recommended for payment by the Treasurer. General Fund: 21 bills due for payment totaling $48,123.46; 4 debit card purchases totaling $218.01. Highway Aid: 2 bills due for payment for $3,382.27. Historical Committee Account: 1 bill due for payment for $1,875.78. Open Space Loan: 1 bill due for payment for $245.00. Parks, Recreation & Trails: 1 bill due for payment for $1,700.00. Schoolhouse Account: 1 bill totaling $27.37.

Conary noted a relatively attractive interest rate offered by Meridian Bank for Board’s consideration. Meridian Bank is in addition to First National Bank of Chester County and PLGIT which were so designated at the January 5, 2010 Reorganization Meeting of the Pocopson Township Board of Supervisors.

Motion: Conary moved, McNemar seconded, to establish Meridian Bank as a depository for Township Funds.

12. Correspondence: Board discussed Treasurer’s report regarding changing landline telephone service providers. Board agreed to table the report. Board reviewed Hubbard’s letter of October 25, 2010 regarding survey work for a trail easement plan.

Motion: Brutscher moved, McNemar seconded, to approve the PRT request to contact Gilmore & Associates for a quote to perform survey work for a trail easement plan for an approximate 30-yard trail segment between the County property and Wawaset Farm Lane adjacent to Lot 6 in the Hallelyn subdivision, and to accept the quote if it does not exceed $1,000.00.

Board reviewed the terms of the 2011 Animal Protective Service Agreement submitted by the Chester County SPCA.

Motion: Conary moved, Brutscher seconded, to accept the 2011 Animal Protective Services Agreement with the Chester County SPCA for 2011 for the contract fee of $1,622.50.

13. Approval of Minutes of October 11, 2010: Brutscher moved, McNemar seconded to approve the Minutes of the meeting held October 11, 2010.

14. Adjournment: At 10:25 p.m. Conary moved, McNemar seconded to adjourn the meeting.

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