Board of Supervisors Meeting Minutes

7:30 p.m., October 13, 2009

In attendance: Supervisors – Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Township Landscape Architect – Gary R. Burcham

1. Call to order.

2. Pledge of Allegiance.

3. Announcements: Employment matters discussed on September 29^th. On October 6^th met with Dennis Melton, Architect, in preparation for Barnard House Community Meeting to be held on October 29^th. McNemar and Township Engineer attended two field meetings with contractor for the Haines Mill and Creek Road repair projects to review scope of work. McNemar and Acting Public Works Director Don Lane met with landowner at 824 Nathan Hale Drive to review pipe discharge concern. Brutscher announced Kennett Area Regional Planning Commission will meet at 7:30 p.m. on October 20^th at the Pocopson Township Building.

4. Public Comment: Board accepted on behalf of the Township a Revolutionary War cannonball and engraved plaque presented by Alan and Paula Johnson. McNemar read for the record a letter of acceptance prepared by Alan and Paula Johnson which states in part that the cannonball will never leave Pocopson Township and will be on display for the benefit of the Township residents. The Board thanked Alan and Paula Johnson for their interest in preserving for the record the role of Pocopson Township in America’s early struggle for freedom. On another issue, Michael Lattari commented that despite numerous efforts, he has not been successful in ascertaining from Pennsylvania Department of Transportation (PennDOT) the status of the plaque beneath the Route 926 bridge. Lattari presented a photo of the plaque as currently installed memorializing construction of the bridge in 1857. He would like confirmation from PennDOT that before bridge repair work begins that the plaque will be carefully removed and retained for historic purposes. Conary agreed that the Township will contact a PennDOT representative regarding the plaque.

5. Berlin Subdivision, Lot 3/Corinne Road/63-3-89.1B: James Barone, Barone Homes, LLC, and Joe DelGrippo (buyer for Lot 3) appeared before the Board to request clarification for compliance with Section 250-87. Conary provided brief background regarding the Subdivision approval in 2003 and subsequent initial construction of improvements in 2008. Board reviewed the woodland disturbance provisions of the Natural Features Ordinance and suggested that it is in the buyer’s best interest to engage in preliminary discussions regarding tree replacement and landscaping. Burcham explained the percentage of allowance for tree removal and replacement commenting that the Ordinance does not provide for credit for removal of dead or diseased trees; however, trees hazardous to a dwelling may be removed without replacement. Board agreed that before issuance of a building permit buyer must put together a building permit and landscape plan for Burcham to review.

6. Berlin Subdivision, Lot 1/Corinne Road/63-3-89.1: Garth and Elizabeth Borel, Josh Caufman of GreenRoots Landscaping, LLC, and John Connors, Esquire, attorney for Borel, appeared before the Board for approval of the Lot 1 Tree Placement Plan. Burcham and Caufman reviewed the Plan particulars noting the re-establishment of tree lines, planting of select canopy trees, and landscape material for screening and the 1/3 plantings required to reforest area adjacent to the shared driveway. Counsel for Borel asked the Board to accept a replacement count of 52 trees as compliance with Natural Features Ordinance. Burcham responded that calculations in accordance with Section 250-87.K require replacement of 95 trees plus, with 23% disturbance, the installation of 200 shrubs. The Board agreed that the proposal for 52 trees including 35 understory trees with a minimum of 1² caliper or minimum of 6' in height and a total shrub count of 132 will satisfy the requirements of 250-87.K. During discussion, the Board recognized that the Lot 1 Plan provides for the preservation of the remaining forest including the portion adjacent to the shared driveway. Borel will notify the Township when they are ready to proceed with the Cash Escrow Agreement for Installation of Landscape Improvements and for issuance of the Certificate of Occupancy.

Motion: McNemar moved to approve the Lot 1 Tree Replacement Plan agreed to by the Township Landscape Architect and presented by GreenRoots Landscaping, LLC, Estimate #163 dated 10/13/2009, based on Register Plan prepared for Berlin Construction, dated 7/2/2008, and supplemented by GreenRoots Landscaping Exhibits “A” and “B” to include 1/3 responsibility for landscaping of shared driveway as satisfaction of Section 250.87.K with endorsement of a Cash Escrow Agreement for Installation of Landscape Improvements prior to issuance of a Certificate of Occupancy; Brutscher seconded; motion unanimously approved.

7. Becker Project/Pocopson Road/63-4-148; -148.1: Secretary reported that Applicant Becker has submitted Application to the Zoning Hearing Board. Board will hear the Becker zoning issue during the next regular meeting on October 26, 2009. Board received a request for a review extension for the Becker Property Preliminary Plan (Pocopson Road).

Motion: Conary moved to grant Applicant’s request for a 90-day extension for review of the Becker Preliminary Plan with an expiration date for the extension of January 28, 2010; McNemar seconded; motion unanimously approved.

8. Barnard House: Board acknowledged receipt of one proposal for carpentry work to repair fascia and molding. Decision tabled to next meeting pending receipt of additional requests for carpentry proposals.

Motion: Brutscher moved to approve the expenditure on an hourly basis for Dennis Melton, Architect, to attend the Barnard House Community Meeting on October 29, 2009; Conary seconded; motion unanimously approved.

9. Public Works Report: Don Lane submitted and the Board accepted as written a project report for the week of October 13, 2009. The report was supplemented with the following discussion:

a) TSG Contractors (Haines Mill Road bridge and Creek Road repairs) – Lane reported that he was not able to reach TSG Contractors to confirm a completion date for the repair work on Haines Mill Road bridge and for Creek Road. Township Engineer continues to monitor progress with most recent report submitted October 8, 2009.

b) Traffic Light Audit – Lane reported that a PennDOT representative completed an audit of the traffic light operations at Route 926 and Pocopson Road.

c) Salt Bids – Board reviewed the Municipal Cooperative of Southern Chester County (Co-Op) Bids for the purchase of salt.

Motion: Conary moved that the Pocopson Township Board of Supervisors accept the bid of Eastern Salt Company, Inc., as representative of the lowest bid received by the Municipal Cooperative of Southern Chester County to provide 300 tons of rock salt for the 2009-2010 winter season based on a cost of $63.25 per ton; Brutscher seconded; motion unanimously approved.

d) Parkerville Road – Lane reported that he met with Parkerville Road resident regarding the dead tree and determined that it is approximately three feet off the road. Because the tree is an apparent hazard to PECO lines, the Board requested that Lane contact PECO regarding removal prior to contracting with the Township vendor.

e) Public Works Facility and Programs – Lane advised the Board of costs and conditions regarding the public works security system. He requested and Board approved expenditure of $250.00 to replace a 30 foot section of rain gutter and downspout on the public works garage. He requested and Board approved expenditure of funds for coffee and lunch for approximately 25 people who will be attending the LTAP Drainage Training Seminar at the public works garage on October 20^th. The Seminar is part of a series of training programs sponsored by the Co-Op. PennDOT Liquid Fuel representatives will be at the Township on October 22^nd to review process and procedure for liquid fuel allocations. Lane noted miscommunication regarding opening of the Park facilities on Monday, October 12^th which was a recognized Township holiday. The Board clarified that in accordance with Township Code, Park facilities are open at daylight and close at dusk without reference to a specific time schedule

f) South Wawaset Road – Lane noted that due to lack of off-road space, he cannot position a speed sign along South Wawaset Road to collect traffic speed data in response to a recent resident inquiry. Board directed the Secretary to draft a letter to Chester County Facility Managers regarding educating employees and visitors about adherence to the posted speed limit. The letter should also be addressed to the Pennsylvania State Police because South Wawaset is a state road.

g) Red Bridge Farm – McNemar will meet with Lane regarding further correspondence with landowner of 824 Nathan Hale Drive. Lane to follow-up with PECO and other utility service providers regarding repairs to a pipe at Red Bridge Farm.

10. Correction to Escrow Release No. 7 – White Farm/B.H.O. Investors: Board reviewed Township Engineer Memo of October 5, 2009 regarding correction of two mathematical errors to the release form.

Motion: Brutscher moved that the Board approve the Site Work and Development Escrow Account for B.H.O. Investors, L.P. (White Farm) as reviewed and approved by Township Engineer on October 5, 2009; McNemar seconded, motional unanimously approved.

11. New Business:

a) Benzel Family Trust Subdivision/Lot 2/63-1-8 – Daryl and Kim Reigel attended the meeting in response to Township Engineer Review Letter dated October 12, 2009, regarding Building Permit Plan dated September 15, 2009, prepared by Regester Associates. Although there are open items per the review letter, the Applicant requests that the Board grant a building permit so that they can begin construction on the dwelling by taking advantage of favorable weather. After discussion, the following motion was made:

Motion: Conary moved to issue a Building Permit for Lot 2, Benzel Family Trust Subdivision, 63-1-8 subject to the following conditions in reference to the Township Engineer Review letter dated October 12, 2009: (1) Item #1 – Landscape Plan must be submitted prior to issuance of the Certificate of Occupancy; (2) Applicant must complete Items #2, 3, 4, 5, 6 before Building Inspector will inspect the footers; (3) Item #8 – Applicant must immediately install orange construction fence around drywell #2; (4) Applicant must schedule a preconstruction meeting with the site contractor and Township Engineer to discuss design of stormwater management facilities, sequence of construction, and provisions of minimizing sub-grade compaction; McNemar seconded; motion unanimously approved.

b) Sheeder Property /1372 Bridge Road – Board reviewed a letter and an appraisal submitted by Rick Morton, Esquire, on behalf of Don and Tom Sheeder offering the property to the Township as a purchase or donation. Board is not interested in acquiring the 2.8 acre parcel and directed the Secretary to forward the inquiry to Brandywine Conservancy.

12. Old Business: No further comments received regarding the letter of intent with Kennett Underground Railroad for space in the Barnard House. Board will proceed to formalize the agreement with Mary Dugan, President. Township Engineer is working on a revised Plan for the Brandyridge Trail. An easement may have been previously dedicated to the Township. Board approved moving forward with advertising a public hearing for amendments to the “Keeping of Animals” Ordinance following review by the Chester County Planning Commission (CCPC). Township Solicitor advised resubmitting amendments to the “Sign” Ordinance because of additional changes made after the CCPC August 5, 2009 review. Solicitor is reviewing the Sewer Ordinance. Board approved advertising a public hearing for the enactment of a Grinder Pump Ordinance.

13. Treasurer’s Warrants: Conary moved, Brutscher seconded to approve the Bill Payment Lists for September 29 – October 13, 2009 recommended for payment by the Treasurer. General Fund: 32 bills due for payment totaling $69,689.48 and 1 debit card purchase of $12.50; Highway Aid: 1 bill due for payment of 4,500.00.

14. Correspondence: Board signed acknowledgment letters to Mary Beth Drobish and Zeke Hubbard and Steve and Jean Conary for their contributions for the framing of the Township Charter presented during Founders Day. The Open Space Advisory Committee (OSAC) submitted a letter dated October 5^th regarding properties under consideration for open space preservation. OSAC concluded that the Elser Property located at 350 South Wawaset Road, located in the same section of the Township as Cresta and Denenno properties, received a higher Open Space Protection Priorities Plan (OSPPP). The recommended value of Cresta is $162,158 with OSPPP score of 5.88 and Denenno with OSPPP score of 5.11 is $354,079.

Motion: Brutscher moved to offer Denenno for the development rights in accordance with the recommendation of the Open Space Advisory Committee and that the offer to Cresta is conditional upon acceptance of the Township’s offer by Denenno; McNemar seconded; motion unanimously approved.

15. Approval of Minutes September 28, 2009: Motion: Conary moved to approve the September 28, 2009 Minutes as revised; Brutscher seconded; motion unanimously approved.

16. Adjournment: At 10:30 p.m., McNemar moved to adjourn the meeting; Brutscher seconded.

___________________________________ _____________________________

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