Board of Supervisors Meeting Minutes

7:30 p.m., Monday, November 8, 2010

In attendance: Stephen R. Conary, Lauressa J. McNemar, P.E., Georgia F. Brutscher; Ezekiel Hubbard, Chair, Parks, Recreation, and Trails Committee. Guest: Sheila Fleming, Senior Planner for Conservation Design, Brandywine Conservancy.

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

2. Announcements: Conary and McNemar met on October 28^th with certain Brooks Road property owners who now or will share a driveway to discuss a shared driveway agreement. On October 28^th the Board attended the Brandywine Valley Association Annual Dinner. Board members also attended the Chester County Association of Township Officials Annual Meeting on November 4^th. County and PennDOT officials continue to move forward on designs for the Route 52 roundabout. Conary announced that the Township is working through the steps required for implementation of the Earned Income Tax (EIT) for fiscal 2011. He noted that according to Keystone Collections Group, all employers should withhold EIT for all employees. An employee who earns less than $12,000 can claim the up to $24.00 refund when filing a tax return.

3. Public Comment: none.

4. Brandywine/Struble Trail Project: Fleming presented an informative overview of the Brandywine-Struble Greenway project. Sixteen municipalities in Chester and Delaware Counties are invited to participate in this two-year initiative funded by a grant from the William Penn Foundation that will unify a greenway system along the Brandywine Creek. A regional workshop is planned for spring 2011 to be conducted as a public forum. Municipalities will be requested to appoint representatives to work through the planning process. Board noted some overlap with the County Battlepath Trail Proposal. There may be opportunities to coordinate both projects.

5. Berlin Subdivision Lot 3/63-3-89.1B Landscape Plan: Board received a request to approve Landscape Plan Sheet dated October 29, 2010, for Lot 3 which includes calculations for tree and shrub replacement related to the additional tree removal and area disturbances brought to the attention of the Board in September. Board discussed the Plan Note that cites a total of 12 trees and 15 shrubs along the shared driveway and not shown on the Plan have been credited toward the driveway planting requirement for Lot 3. Approval of the Landscape Plan was tabled pending clarification of payment/ownership of the shared driveway plantings. A request for a landscape cash escrow agreement will be determined pending issuance of a Certificate of Occupancy.

6. Public Works Report: Public Works Director submitted and the Board accepted as written a Public Works report dated November 8, 2010. The following discussion supplements that report: Board signed the Contract to buy an estimated 400 tons of rock salt from American Rock Salt Company, LLC, as representative of the lowest bidder approved October 11, 2010. Board reviewed PECO application to install 5 utility poles and 5 anchors along Bragg Hill Road which will be closed to traffic during installation. Public Works Director continues to work with contractors regarding repairs and adjustments to the roof gutters on the Barnard House. Board requested that Public Works personnel take the steps necessary to close-up the Barnard House for the winter to eliminate entry of nesting animals. Board tabled discussion regarding battery recycling program for the Township.

Motion: Brutscher moved, Conary seconded, to adopt Resolution 2010-27 ratifying and confirming the sale and transfer of title of a Township vehicle to Newlin Township and the purchase of a Ford F-550 Truck approved July 26, 2010, and empowering Mark Knightly, Public Works Director to act for and on behalf of the Township for the transactions; motion unanimously approved.

Motion: Conary moved, Brutscher seconded, to adopt the 2010 Founders Day logo as the official logo for Pocopson Township to appear on letterhead, official local documents, and Township property and vehicles; motion unanimously approved.

7. Resolution 2010-28 Tax Collection Committee (TCC) Member Reappointments: Board discussed reappointment of current delegates who have consented to reappointment.

Motion: Brutscher moved, Conary seconded to adopt Resolution 2010-28 reappointing the following TCC delegates: Bruce Yelton, Primary Delegate; Harold V. Hoffman, Jr., First Alternate Delegate; Margaret Lennon, Second Alternate Delegate; motion unanimously approved.

8. Open Space Advisory Committee (OSAC): Board discussed OSAC recommendation to purchase development rights on subdivision parcel 63-3-117.01 (Lot 1 Deblyn Lane). The Land Conservancy for Southern Chester County would be retained to perform the work associated with a conservation easement and the Township would engage a qualified appraiser for an open space appraisal. Discussion ensued regarding the merits of the 7.7 acre parcel while considering the structural state of the historic barn located on the property. Terms regarding preservation of the historic barn would be addressed in the language of the easement if an offer is accepted. Board was made aware that Dale Stratton has tendered her resignation from the OSAC.  Board will acknowledge her time and contributions of reasoning and insight. 

Motion: Brutscher moved, Conary seconded to direct the OSAC to proceed with an offer for Yelton Parcel in the amount of $150,000 in accordance with the recommendations outlined in the Haldeman letter dated November 8, 2010; McNemar abstained; motion approved.

9. Old Business: Hubbard requested guidance regarding the desire of the Blackburn family to plant a memorial to honor Carl Blackburn, a resident who served the Township. Board approved the installation of a tree in honor of Mr. Blackburn, to be installed across from the pavilion approximately 20 feet back from the trail with all costs regarding the purchase of the tree, the memorial plaque, and the installation to be borne by the Blackburn Family. Hubbard should discuss with the PRT Committee details for qualifying criteria to acknowledge future candidates for in memoriam. Hubbard continues to research installation of markers to delineate trails throughout the Township. Board reviewed Toll Brothers request to approve Escrow Release #5 reducing the escrow for the Sheeder Tract Wastewater Treatment Plant purchased by DELCORA earlier this year.

Motion: Conary moved, McNemar seconded, to approve Toll Brothers request regarding Escrow Release #5 reducing the escrow for Sheeder Tract Wastewater Improvements by $373,679.62, as recommended in correspondence dated November 5, 2010 from Castle Valley Consultants, Inc.; motion unanimously approved.

Board discussed the desire of the owners of Brooks Road parcel 63-3-139 to construct a dwelling and the particulars of a shared driveway for access to that parcel. Board acknowledged use of an existing non-conforming gravel surface shared driveway currently serving three dwellings. Board discussed Resolution 2010-29 as a necessary first step toward execution of a shared driveway agreement among the four landowners.

Motion: Brutscher moved, Conary seconded, to adopt Resolution 2010-29 regarding waiver of certain driveway provisions of the Township Subdivision and Land Development Code to permit a shared driveway to serve three current users and parcel 63-3-139; motion unanimously approved.

10. New Business: A resident submitted a letter to the Board regarding receipt of a seemingly unwarranted zoning enforcement notice. Board reviewed the letter and determined that Yerkes Associates should be contacted regarding the citation as well as other pending zoning concerns in the Township.

11. Treasurer’s Warrants: Absent a current policy regarding recognition of individual volunteer efforts, Board agreed to reimbursement for Founders Day Gift Bags distributed to volunteers. Going forward a volunteer recognition policy should be developed. A first draft of the 2011 Budget will be circulated this week and a public work session advertised. Board will review the December meeting schedule to identify a date to adopt the 2011 Budget.

Motion: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for October 26 – November 8, 2010, recommended for payment by the Treasurer. General Fund: 17 bills due for payment totaling $33,116.00; 4 debit card purchases totaling $282.54. Highway Aid: 4 bills due for payment totaling $788.41. Major Equipment: 2 bills due for payment for $64,657.90.

12. Correspondence: Board signed the Kennett Underground Railroad Center Letter of Intent approved during the October 25^th meeting.

13. Approval of Minutes of October 25, 2010: Brutscher moved, McNemar seconded to approve the Minutes of the meeting held October 25, 2010.

14. Adjournment: At 9:40 p.m. Conary moved, McNemar seconded to adjourn the meeting.

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