Board of Supervisors Meeting

7:30 p.m., October 26, 2009

 

In Attendance: Supervisors – Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Township Solicitor – Ross Unruh, Esquire

 

1. Call to order.

 

2. Pledge of Allegiance.

 

3. Announcements: Conary announced initial meeting of the Township Deer Management Committee held on October 15th. The next meeting will be Thursday, November 5th at 7:30 p.m. Barnard House Community Meeting will be held on October 29th. On October 22nd Conary and Township Staff met with representatives from Pennsylvania Department of Transportation to discuss guidelines for liquid fuel funds. Brutscher announced that Kennett Area Regional Planning Commission met in September. The East Marlborough Township representative resigned but East Marlborough wishes to continue its KARPC membership. The Pennsylvania State Police will be moving their headquarters to New Garden Airport as the lease was not renewed for the current facility. 

 

4. Public Comment: none.

 

5. Becker Project/Pocopson Road/63-4-148; -148.1: Jack and Mike Becker (Applicant) appeared before the Board to present a Variance Exhibit dated September 23, 2009 (Exhibit Plan), showing nonconforming use of three buildings (single family dwellings) (in accordance with 250-29.A(3), -(5)). Applicant is requesting zoning relief of Section 250-85.G(2)[1] of the Ordinance which allows a building which is nonconforming in a location on the lot by reason of being closer to the lot line or setback line than the minimum requirements for the district, to be enlarged or additional buildings constructed provided that enlargements or additions to buildings must conform to all setback requirements of the district. Applicant noted the Exhibit Plan reflects most of the recommendations from the Township Planning Commission (PC) as referenced in the PC Minutes of November 19, 2008, February 18, 2009, and May 20, 2009. One change in the Exhibit Plan includes an increase in use with the addition of three residences as Applicant does not feel the project can sustain the percentage of commercial originally proposed. Applicant currently proposes 12,000 square feet of commercial/office space and 9,600 square feet of residential space. Brutscher commented that she would prefer to see a greater percentage of commercial space for the C-1 District.

Motion: McNemar moved that the Board of Supervisors support the Becker/Pocopson Road Variance Exhibit Plan dated September 23, 2009, with a revised mixed use of seven structures beginning from the North as follows to wit: 2-story office/commercial, 2-story proposed office/commercial, conversion to commercial, 2-unit residential, 2-story office/commercial, existing residence with 2-unit residential addition, 2-story office/commercial, and existing single residential dwelling; Brutscher seconded; motion unanimously approved.

 

6. Barnard House: Meeting scheduled with Dennis Melton this week to discuss presentation for Community meeting on October 29th. Board reviewed four proposals for repairs to soffit and fascia on Barnard House which must be completed before the installation of downspouts and gutters. Board noted a significant disparity in proposal specifications and estimates and concluded the lowest price proposal did not meet the bid specifications.

Motion: Conary moved to submit the two mid-priced proposals to Dennis Melton, Architect, for review and to accept the proposal that is recommended by Melton; Brutscher seconded; motion unanimously approved.

 

7. Public Works Report: Don Lane submitted and the Board accepted as written a project report for the week of October 25, 2009. Conary reported that he spoke to the Township Engineer regarding status of the work on the Haines Mill Road bridge by the contractor TSG. Township Engineer indicated that TSG will submit a letter withdrawing the proposal for Creek Road repairs due to required revisions for the scope of work.

 

8. Planning Commission (PC) Report: Secretary submitted a PC Report summarizing the October 21, 2009 meeting including a motion by the PC to support the Becker/Pocopson Road Variance Exhibit Plan dated September 23, 2009.

 

9. Approval of Public Notices: Board reviewed final copy for the Draft Grinder Pump and Keeping of Animals Ordinances.

Motion: McNemar moved to submit Draft Grinder Pump and Keeping of Animals Ordinances for legal advertising and for public review and to conduct a public hearing on November 23, 2009; Brutscher seconded; motion unanimously approved.

 

10. Resolutions:

a) Resolution 2009-17 Establishing Schedule of Fees for Zoning and Building Permits – tabled to November 9th meeting pending further review by Township Solicitor.

b) Resolution 2009-18 Authorizing Acceptance of Dedication for Riverside at Chadds Ford – Township Solicitor reviewed the Resolution as submitted. McNemar suggested revision to authorize two Supervisors to accept dedication and execute necessary documents at Closing with Toll Brothers. Following discussion, Board agreed to amendments as discussed.

Motion: Brutscher moved to adopt Resolution 2009-18 as amended authorizing the acceptance of dedication of certain open space, equestrian trail, pedestrian trail, stormwater and sanitary sewer easements, and the sanitary sewer system serving Riverside at Chadds Ford; McNemar seconded; motion unanimously approved.

c) Resolution 2009-19 Authorizing the Assignment and Transfer of Sanitary Sewer Easements and Sanitary Sewer System – Township Solicitor reviewed the Resolution as submitted. McNemar noted the same revision authorizing two Supervisors to complete the transfers.

Motion: Brutscher moved to adopt Resolution 2009-19 as amended authorizing the assignment of the sanitary sewer easements and sewer system; McNemar seconded; motion unanimously approved.

 

11. New Business: Board reviewed Brandywine Conservancy proposal to prepare a conservation easement for the Elser property (63-3-30.3/South Wawaset Road).

Motion: Conary moved that the Board approved and accepted the Elser Easement Project Proposal as submitted and authorized Brandywine Conservancy to proceed; Brutscher seconded; motion unanimously approved.

 

McNemar requested and Board approved $30.00 registration fee for Township personnel to attend a Webinar on the topic of Worker and Community Right to Know Act. 

 

12. Old Business:

a) Open Space Advisory Committee – Board reviewed Open Space Advisory Committee (OSAC) proposals for the valuation of the Cresta Property and the Denenno Property (the Properties). Randy Mims, Co-Chair, OSAC, guided the Board through the current methodology for determining the value to the Township. Mims recommended that the Board consider revisions to the current valuation process including identifying priority objectives and clarifying criteria to ensure that the process outlined can adapt to meet the Township’s open space preservation needs. A lengthy discussion ensued regarding the ranking plan for the Properties including consideration of woodlands, waterways, and developable and contiguous acreage. Additionally, Mims noted that the inclusion of trail connections was not part of the original referendum.

Motion: McNemar moved to approve the Open Space Protection Priorities Plan for the Cresta and Denenno Properties and to proceed with the recommended offer to Denenno in the amount of $354,079 and to Cresta in the amount of $162,158 condition upon consideration by Cresta for a trail easement to connect to existing trail which terminates at their property; Conary seconded; motion unanimously approved.  

 

b) Budget meeting – Board agreed to meet on Wednesday, November 9th at 9:30 a.m. to work on the 2010 budget. Secretary is directed to proceed with legal advertising for the budge session.

 

13. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for October 14 – October 26, 2009 recommended for payment by the Treasurer. General Fund: 16 bills due for payment totaling $15,689.06; 8 debit card purchases for $316.60. Highway Aid: 1 bill due for payment of $2,838.89; Open Space Loan: 1 bill due for payment of $618.75.

Motion: Conary moved, Brutscher seconded, to accept the September 2009 Financial Report prepared by the Township Treasurer.

 

14. Correspondence: Board received a letter from Fronefield Crawford, Esquire, Zoning Hearing Board Solicitor, regarding his intention to return to the practice of law as a sole practitioner.

Motion: Brutscher moved to retain Fronefield Crawford, Esquire, as Zoning Hearing Board Solicitor with the concurrence of a majority of the members of the Township Zoning Hearing Board; Conary seconded; motion unanimously approved.

 

Secretary reported that representatives from Pocopson Home and the County Prison Facilities agreed to discuss with their employees the Township’s request for adherence to the posted speed limit on South Wawaset Road.

 

15. Approval of Minutes of Special Meeting September 17, 2009 and Minutes of Board Meeting of October 13, 2009: Motion: Conary moved to approve the Special Meeting Minutes of September 17, 2009 Minutes as revised; Brutscher seconded; motion unanimously approved. Motion: McNemar moved to approve the October 13,2009 Minutes as revised; Conary seconded; motion unanimously approved.

 

16. Adjournment: At 10:40 p.m., Brutscher moved to adjourn the meeting; Conary seconded.

 

 

 

 

__________________________________________            ___________________________

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