Board of Supervisors Meeting Minutes

7:30 p.m., Monday, March 22, 2010

In attendance: Supervisors – Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Amanda Sundquist, Esquire, Township Solicitor; Gary Summers, Chair, Planning Commission; Beverly Bruns, Chair, Founders Day Committee; Ezekiel Hubbard, Chair, Park, Recreation & Trails Committee. Absent: Stephen R. Conary

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

2. Announcements: none.

3. Ordinance Hearing: Motion: Brutscher moved, McNemar seconded to close the regular meeting at 7:32 p.m. and open the Ordinance Hearing for Ordinance 1 of 2010 for vacating a portion of Larkin Baily Road.

Amanda Sundquist, Esquire, was in attendance to conduct the hearing on behalf of the Township. A court reporter was present to provide a complete transcript of the proceedings. The Ordinance vacates approximately 2,360 lineal feet of Larkin Baily Road, Township Road T432, beginning at a point on Larkin Baily Road approximately 190 feet west from the intersection of Larkin Baily Road and Corinne Road, Township Road T469, and continuing along Larkin Baily Road in a southwesterly direction to a point approximately 1,100 feet from the intersection of Larkin Baily Road with Haines Mill Road, Township Road T440.

Motion: Brutscher moved, McNemar seconded, to approve Ordinance 1 of 2010 for Vacation of a Portion of Larkin Baily Road, Township Road T432. Sundquist will proceed with recordation of agreements executed by property owners to grant a trail easement over vacated portion of Larkin Baily Road.

Motion: Brutscher moved, McNemar seconded, to close the Ordinance Hearing and re-open the regular meeting at 7:41 p.m.

4. Founders Day Update: Bruns presented and Board approved a poster to recruit volunteers for Founders Day. Board reviewed and approved the text of a sponsorship thank you letter which will be sent as sponsorship money is received. Bruns reported she is making every effort to maintain an electronic file of all Founders Day documents and correspondence. She requested that the Township allocate file space in the Administration Building as a central repository for hard copies. Bruns provided concept designs of Township/Founders Day decals that the Committee would like to sell for $1.00 each during Founders Day. Board preferred the magnetic style decal.

5. Public Comment: Gena Korrell appeared before the Board on behalf of concerned residents along Corrine Road regarding the proposed location of the sales trailer for the Toll subdivision now known as “The Preserve at Chadds Ford.” Residents are concerned that the location of the sales trailer will create a congested intersection at Corrine and Locust Grove Roads. For traffic safety reasons, the residents request the Board to direct Toll to relocate the trailer. Board recognized Gary Summers, Planning Commission Chair, who confirmed the stake out position for the sales trailer. Board requested Summers to serve as a field liaison for the Township to contact Toll’s Project Manager to facilitate relocation of the sales trailer.

6. Leonard/Roberts Project – 60 Bragg Hill Road; Tax Parcel 63-1-42.4 – James Fritsch, P.E., Regester Associates, Inc., Barney Leonard and Nancy Roberts (Applicants), Matthew Moger, AIA, and Jonathan Alderson, Landscape Architect appeared before the Board as a follow-up to discussion and presentation before the Township Planning Commission on March 17, 2010 and a previous appearance before the Board on March 8, 2010. At this time, Board reviewed Building Permit Plan (BPP) prepared by Regester Associates, Inc., dated February 4, 2010 and revised March 17, 2010. Applicant submitted a Landscape Master Plan prepared by Jonathan Alderson dated March 17, 2010. Applicant owns the 10.112 acre property located at 60 Bragg Hill Road and is working with the Natural Lands Trust to develop a 50-year stewardship plan to be submitted to the Pennsylvania Department of Conservation and Natural Resources (PaDCNR) for approval. The property consists of steep slopes and contains a proportionate share of wooded area. Applicant seeks modifications to certain sections of the Township Code regarding zoning and stormwater. Site has been logged over the years prior to purchase by Leonard/Roberts. Applicant initially proposed constructing a meadow from cut (dirt) for the installation of a driveway. Revised BPP minimizes the area of disturbance and eliminates constructed meadow. Applicant is altering the hydrology of the site but will control stormwater impact with a capture system directing the water to a cistern where the water will become gray water serving the household. Applicant proposes planting fifty-one (51) shade trees in varying caliper and an assortment of shrubs in accordance with Section 250-87 calculations to replace eighty-one (81) trees to be removed. A vegetable garden, shed, and log walls are proposed for the site. Applicant presented an email from Bruce Focht, Chester County Health Department, stating the site has been sufficiently tested for a replacement septic system. Applicant presented a letter from the PaDCNR stating no impact anticipated per the PNDI survey. McNemar noted that the revised BPP is reasonable, however, the Board is not inclined to waive or modify steep slope requirements particularly in light of the possibility of future development on the site. Applicant agrees to include a Plan note to limit future disturbance by requiring approval from the Pocopson Township Board of Supervisors. Lengthy discussion ensued regarding requirements for the guide rail and road improvements, dirt stock pile requirements, trail easements, and benchmarks to be met by the Applicant prior to the issuance of the Certificate of Occupancy.

Motion: Brutscher moved, McNemar seconded, that the Board of Supervisors modify certain requirements of Section 250-87 and Section 250-70 for the construction of a residential dwelling and accessory use of the property located at 60 Bragg Hill Road, Tax Parcel 63-1-42.4, as set forth on the Building Permit Plan (BPP) prepared by Regester Associates dated February 4, 2010 and revised March 17, 2010, contingent upon the following: (1) Applicant submit a revised Building Permit Plan (BPP) to include Plan Note limiting further disturbance to that which is approved by the Board of Supervisors; (2) prior to issuance of a Certificate of Occupancy, Applicant will sign and execute the trail easement agreement associated with the vacation of Bragg Hill Road; and (3) shall satisfy all Township Engineer review comments.

7. Becker Project/Pocopson Road – Tax Parcels 63-4-148 and 63-4-148.1: Applicant Jack Becker appeared before the Board as a prelude to an anticipated appearance on April 12, 2010, during which time he will request final plan approval contingent upon certain permits and letters from PennDOT and East Penn Railroad. Board directs Becker to provide revised plans at a minimum a week in advance of the meeting for review by the Board.

8. Township Planning Commission (PC) Report: Gary Summers, Chair, reported that economic conditions seem to be driving projects to the PC. As a result, the PC set aside work on revisions to the Township Code. Summers submitted a report that included PC recommendations as follows: (1) support the request of the Becker Project/Pocopson Road to go before the Board for approval; (2) recommendation of support for the Leonard/Roberts Project/60 Bragg Hill as set forth on the building permit plan; and (3) recommendation for approval of the Chester County Data Services Building Land Development Plan/County of Chester pursuant to the waiver request letter. Summers noted the County Data Services Building is essentially an unmanned data facility that will house IT components. A lack of space in County facilities in West Chester necessitated the relocation and construction of this building on the prison property. The PC will be discussing the steps required to begin an update of the comprehensive plan.

9. Public Works Report: Lane submitted and the Board accepted as written a public works report dated March 22, 2010. The Report was supplemented with the following discussion: chipping service extended from five minutes to fifteen minutes for each premise. Board agreed that Lane should evaluate resident requests regarding chipping excessive material on a case-by-case basis. In such instances he may advise the resident to retain the services of a landscaper. Lane discussed a report submitted by H.A. Thomson regarding safety recommendations for the Public Works Garage. Lane submitted the state contract for purchase of salt for the 2010/2011 snow season. Lane will ask Mike Cialini to attend the upcoming Co-Op meetings hosted by East Marlborough Township. Treasurer continues to work with Lane regarding amendments to the Creek Road Retaining Wall Bid Package. Lane is working with the Treasurer to obtain cost estimates to repair damage to the Administration Building caused by a February snowstorm. Township insurance will not cover damage to the Barnard House gutters. Secretary is directed to contact G. Fedale to proceed with gutter repairs. Board would like to obtain an insurance rider or seek quotes for insurance coverage for the Barnard House that will include gutters and downspouts.

10. Barnard House Update: Brutscher reported that the Volunteer Day is scheduled for Sunday, April 18^th at 1:00 p.m. An orientation meeting was held to organize volunteers. Lane will order a roll off dumpster for the event, a load of mulch, and a portable toilet. Township will supply dust masks and rubber gloves. Kennett Underground Railroad Center has agreed to purchase sandwiches and beverages. Brutscher reported that the Township has an appointment in April with the Longwood Foundation regarding a grant application to fund the renovation and adaptive reuse of the Barnard House.

11. Resolution 2010-14: Board reviewed Resolution 2010-14 regarding parking, towing, and storage of vehicles in accordance with Code Chapter 221.

Motion: McNemar moved, Brutscher seconded to adopt Resolution 2010-14 which designates and approves Young’s Garage, 1022 Lenape Road, West Chester, as provider of tow serve and storage facility for vehicles parked illegally that interfere with snow removal, salting, cindering, or plowing operations, which shall take effect within 180 days of passage.

12. New Business: Hubbard presented correspondence from the Park, Recreation & Trails (PRT) Committee as follows: (1) purchase of arch-style swing set for Pocopson Park Tot Lot from Playworld Systems; (2) concrete monuments for trail easement to confirm a trail location and to clearly identify maintenance responsibilities; and (3) 3.5 mile bikeway loop. Board acknowledged the recommendation of the PRT to support the Brandywine Scenic Byways efforts to obtain a Federal grant for a 20-mile bikeway loop that includes Pocopson Township.

Motion: Brutscher moved, McNemar seconded to approve the purchase from Playworld Systems a 3.5" Post Size Swing-Arch-350 for $1,381.00 and Swing-Arch-350-ADD for $937.00 for a total of $2,318.00 under the condition that the product is in compliance with all requirements of the American Society for Testing and Materials Safety Standards and that H.A.Thomson Insurance, insurer for the Township, approves liability coverage for the model swing set as described.

Motion: Brutscher moved, McNemar seconded to approve expenditure of $3,500.00 from the 2010 PRT budget for a land survey for the purpose of installation of concrete monuments at the locations required to specify the trail easement for Tax Parcel 63-2-8.3 (Lot 4) in accordance with the recorded Trail Easement Agreements.

Hubbard reported that Trails Feasibility Committee is working with a representative of the Elser property to identify the trail easement on the Elser property. He also reported that he attended a meeting of the Battle Path Trail Network Preliminary Concept Committee organized by Jake Michael, Chester County Planning Commission. The “battle path trail” follows south side of Brintons Bridge Road to the intersection of Pocopson Road through to Pocopson Creek.

13. Old Business: none.

14. Treasurer’s Warrants: Brutscher moved, McNemar seconded, to approve the Bill Payment Lists for March 9 – 22, 2010, recommended for payment by the Treasurer. General Fund: 14 bills due for payment totaling $21,867.03; 8 debit card purchases totaling $1,867.20. Highway Aid: 4 bills due for payment totaling $294.85. Schoolhouse: 1 bill for $2,198.10.

15. Correspondence: Board reviewed Department of Community and Economic Development Grant Application and correspondence regarding driveway installed on Baily Farm Tract.

16. Approval of Minutes of March 8, 2010: Brutscher moved, McNemar seconded to approve the March 8, 2010 Minutes as revised; motion unanimously approved.

12. Adjournment: At 9:50 p.m., Brutscher moved, McNemar seconded to adjourn the meeting.

___________________________________ _____________________________

Susan E. Simone, Administrative Secretary Georgia F. Brutscher, Vice Chair