Board of Supervisors Meeting Minutes

7:30 p.m., December 14, 2009

In attendance: Supervisors – Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Ross Unruh, Township Solicitor; Craig Kologie, Castle Valley Consultants; Toll Brothers – Fronefield Crawford, Esquire and Tom Kessler.

1. Call to order: Conary called the meeting to order 7:30 p.m.

2. Pledge of Allegiance.

3. Announcements: Board met on December 10^th with Solicitor and Castle Valley Consultants regarding Riverside Wastewater Treatment Plant. McNemar noted attendance at a webinar on December 3^rd with Public Works Department and Township Secretary regarding mandatory training for safe handling of hazardous materials. McNemar attended a seminar regarding proposed environmental impact of the removal of small dams throughout the Brandywine Watershed. Most attendees identified biggest issue as sediment control.

4. Public Comment: none.

5. Emergency Management Coordinator (EMC): Lloyd Roach, Birmingham Township EMC, appeared before the Board as a follow-up to recent discussions on the possibility for a shared EMC to serve Pennsbury, Birmingham, and Pocopson Townships. Ezekiel Hubbard, Pocopson Township EMC, noted that the Emergency Plan for Pocopson and his qualifications and credentials require updating. Roach noted that the plan updates and credentialing can be completed electronically through the County Emergency Management web site. Township Secretary is directed to download the template for the County Emergency Plan as a model to update Township plan. Board agreed that there may be merit in consolidating tasks. Board and Hubbard should identify reasonable goal for training and cost effectiveness of program if Roach is identified as a back-up EMC. Hubbard should review what will work best for Pocopson.

6. Stormwater Management Runoff: William Haaf on behalf of the Stream Team appeared before the Board to discuss observations of sediment run-off affecting streams in the Township. Haaf shared photographs and a map noting areas of concern. Haaf requested and the Board agreed to share the report with the Township Engineer in order to identify if eroded areas could be looked at to see if there were some basic remedies that could be implemented to improve the existing eroded conditions. The thought was offered to target certain areas and fix a few on an annual basis.

7. Barnard House: Secretary reported that Con-Lyn Home Improvement completed the exterior woodworking in accordance with the proposal. Painting will be completed pending favorable weather. McNemar and Brutscher reported that they met with potential construction project managers.

8. Public Works Report: Don Lane submitted and the Board accepted as written a project report for the week of December 14, 2009. The report was supplemented with the following discussion:

a) Infrastructure – Haines Mill Road and Route 926 were closed due to flooding on December 9th. Lane also reported flooding on Pocopson Road at the Riverside treatment plant access road. PennDot is addressing the water problem at 75 North Wawaset Road and at Route 52 and Lenni Drive. Ponding is an issue at Corinne Road and Locust Grove Road due to a collapsed pipe at the intersection. Board requests Lane have the Township Engineer inspect the site. Conary noted that the Township Engineer is working on bid package for Creek Road repairs. Board requested Lane to follow up with weight evaluation for Haines Mill Road bridge.

b) Snow removal – Lane requested and the Board approved distributing a letter to Township Residents regarding enforcement of Code Chapter 221 concerning vehicles parked on streets during snow events.

c) Deer Management Program – Lane requested and the Board approved extension for hunting in the park area during doe season which runs until January 23, 2010. The request is made due inclement weather limiting previously scheduled hunting days.

d) 100 Hickory Hill Road – Brutscher reported that at the request of the landowner Board members individually completed site visits regarding water runoff problems on the property. The matter is under investigation by the Township Engineer who is aware of the concerns of the landowner and has witnessed the flooding.

9. Resolution 2009-22 Brutscher Subdivision Request: Board agreed to table the matter.

10. 2010 Budget: Proposed 2010 Budget advertised as available for public inspection beginning November 23, 2009. Budget reflects no tax increase. No further comment or discussion.

Motion: Conary moved, Brutscher seconded, to approve the 2010 Budget as advertised; motion unanimously approved.

11. New Business: A public hearing will be held December 21^st to adopt an amendment to the Sign Ordinance. The 2010 Reorganization Meeting will be held January 4, 2010 at 7:30 p.m.

12. Old Business: Delaware County Regional Water Quality Control Authority (DELCORA) requests settlement week of December 28^th with all documents effective January 4, 2010. Board noted that a number of punch list items for the wastewater treatment plant must be addressed. Board reviewed Cash Escrow Agreement for Site Plan Review for Corrine Village Land Development by Toll PA VI, LLP.

Motion: Conary moved that the Board ratify the Cash Escrow Agreement for Site Plan Review for Land Development dated December 1, 2009, for professional services work for Corrine Village; Brutscher seconded; motion unanimously approved.

Motion: Conary moved, McNemar seconded, to ratify Conservation Easement for the Elser Property as submitted by Brandywine Conservancy; motion unanimously approved.

13. Escrow Releases:

a) Taylor’s Run at Red Bridge Escrow Release No. 4 – Secretary acknowledged receipt of Articles of Incorporation-Nonprofit for the formation of Taylors Run at Red Bridge homeowners association.

Motion: Conary moved that the Board approve Escrow Release No. 4 – dated July 13, 2009 for $6,054.40 as reviewed and approved by the Township Engineer; Brutscher seconded; motion unanimously approved.

b) White Farm/BHO Investors As-Built Plan Review and Escrow Release No. 8 – Brutscher stated that Applicant has mowed and maintained the ten foot (10') wide trail.

Motion: Conary moved that the Board Approve Escrow Release No. 8 – dated December 14, 2009 for $7,165.01 as reviewed and approved by the Township Engineer; McNemar seconded; motion unanimously approved.

14. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for November 24 – December 14, 2009 recommended for payment by the Treasurer. General Fund: 27 bills due for payment totaling $40,960.67; 7 debit card purchases for $602.66. Highway Aid: 6 bills due for payment totaling $10,584.54. PLGIT Open Space Loan: 1 bill for payment of $1,954,712.00. Parks, Recreation and Trails: 1 bill due for payment of $59.36. Motion: Conary moved, Brutscher seconded, to accept the November 2009 Financial Report prepared by the Township Treasurer.

15. Correspondence: Board reviewed and approved Yerkes Associates to proceed with verification of zoning variances for the purpose of enforcement.

Motion: Conary moved, McNemar seconded, to approve the Cash Escrow Agreement for Installation of Landscape Improvements for Lot 1, Berlin Subdivision; motion unanimously approved.

16. Corinne Village Subdivision/63-3-84.1/59.3 Acres:

a) Homeowner association (HOA) – Unruh reviewed edits to date for the Declaration of Covenants, Conditions and Restrictions of Corinne Village. Board is concerned that language in the Declaration puts the homeowners association in the position of collecting sewer fees. Final version will clarify that HOA and residents must also follow Township Ordinances.

b) Utilities – Brutscher requested that Toll revisit heating systems for the homes that may be more favorable than the planned central propane tank system. Kessler noted that Toll will not offer a change-out of heating systems based on buyer preference. However, Kessler will ask that Toll consider alternatives.

c) Larkin Baily Road (“Road”) – Discussion ensued regarding location of the central propane tank in relation to the wastewater treatment facility and the use of the Road as access other than emergency access. Board noted concern that the Road may not be passable for routine access to the wastewater treatment plant. Crawford, Kessler, and Kologie will complete on-site inspection of the Road as part of the plan review process. Conary noted that the lower end of the Road may not provide the access as outlined on the plan due to weight limits for a bridge. Kessler may consider a revision to the sequence of construction depending on the outcome of the Road inspection. The provisions of the Agreement to Vacate a Portion of Larkin Baily Road appear to be acceptable with the exception of item #4 “Purpose of Easement” to be resolved.

d) Road Improvement and Construction Agreement – discussion ensued regarding revocation of building permits. Board noted concern that certain standard references to the agreement remain in order to maintain continuity for the project in the event of a change in project managers.

e) Sewer Construction Agreement – A lengthy discussion ensued regarding the terms of the Agreement, particularly regarding dedication to a Public Utility after start-up. Kessler noted that the sequence of transfer of ownership and dedication should be a tighter transition if, for instance, DELCORA agrees to operate the facility. Board is concerned that the timing of Toll’s transfer to a Public Utility will not unduly burden what may be a limited number of homeowners at the time of the transfer, particularly if the plant is not self-sustaining. Board is concerned as to who will address any shortfall in the operating expenses. Kessler is concerned that Toll not engage in a lengthy ownership of the plant. Kologie pointed out that transfers require certifications and that a reasonable settlement schedule should be required pending review and approval by Castle Valley on behalf of the Township. Crawford offered clarifying the language for the operating reserve account in order to address shortfalls in plan operations.

f) Other issues – Kessler is looking for revisions for the installation of the water main extension to minimize roadwork and road closures. He is also looking for easements required for the installation. Board asked that Kessler provide details on the installation process proposed. All parties agreed to adhere to the checklist as circulated.

17. Approval of Minutes November 23, 2009: Conary moved to approve the Minutes of November 23, 2009 as revised; Brutscher seconded; motion unanimously approved.

18. Adjournment: At 10:35 p.m., Brutscher moved to adjourn the meeting; Conary seconded.

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