Board of Supervisors Meeting Minutes

7:30 p.m., April 26, 2010

 

In attendance: Board of Supervisors: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Sarah Mims, Chair, Historical Committee; Ezekiel Hubbard, Chair, Park, Recreation and Trails Committee.

 

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

 

2. Announcements: Conary reported attending a Brandywine Conservancy meeting regarding municipal planning. He attended a Town Hall Meeting hosted by Representative Stephen E. Barrar that included discussion on proposed fee for State Police coverage. 

 

3. Public Comment: Joseph Gray of 475 Corrine Road appeared before the Board to discuss photographs he took of a vehicle parked on his lawn that belonged to a real estate agent who was doing business at the Toll community. Photographs demonstrated damage to Gray’s property. Board reported that the Township Engineer is closely monitoring the site development and subsequent build out. Board will contact the real estate agent and Toll to facilitate repairs to the lawn. Board directed that the Public Works Department post “no parking” signs. Board acknowledged that the Township continues to work through potential noise ordinance violations for the site.

 

4. Historical Committee: Mims submitted and the Board accepted as written a Historical Committee Update dated April 13, 2010. The Update was supplemented with the following discussion: (1) notice from Representative Barrar’s office of recent award of a $50,000 grant for the Locust Grove Schoolhouse (Schoolhouse) from National Historic Trust; (2) Board clarified that Mims agrees with the installation of a  water line for the Schoolhouse to provide a working sink; the water line is part of the infrastructure for the adjacent Toll community; (3) an outdoor composting toilet facility is an appropriate green initiative planned for the Schoolhouse; (4) Mims outlined the constituent components for a number of grants that have been awarded or are pending; (5) University of Delaware graduate students will be assisting the Committee through 2010 on a number of projects as identified in awarded grants; (6) the Committee completed work with the County of Chester to produce an historical atlas that includes tax parcel identification; Secretary to provide this information to the Planning Commission for consideration as a link to the Township Code; (7) the Committee was successful in their effort to obtain a state historic marker for the Barnard House.  The Board thanked Mims and the Committee for their exemplary work and congratulated them for all their efforts.

 

5. Becker Property/Pocopson Road – Tax Parcels 63-4-148 and 63-4-148.1: Barry Stingel, RLA, Vice President, Hillcrest Associates, Inc., and Applicant Jack Becker appeared before the Board to request final preliminary approval of the Plan by Hillcrest Associates dated April 30, 2009 and last revised March 11, 2010. Applicant received Pennsylvania Natural Diversity Inventory clearance. Applicant received and the Board reviewed the Township Landscape Architect Report dated April 23, 2010 recommending approval of the Landscape Plan dated April 30, 2009 and last revised April 22, 2010. A draft Operation and Maintenance Agreement for stormwater management was submitted to the Township Solicitor. Applicant continues to seek permits from Pennsylvania Department of Transportation (PennDOT) and obtain a National Pollution Discharge Elimination System (NPDES) permit. Applicant believes that all technical issues noted by the Township Engineer have been addressed including the addition of Plan Notes regarding installation of a fire hydrant and amount of fee in lieu of. Board agreed with the submission of the water quality certification prior to issuance of a building permit.

Motion: Brutscher moved that the Board grant preliminary final approval of the Final Land Development Plan for the Becker Property prepared by Hillcrest Associates dated April 30, 2009 and last revised March 11, 2010, contingent upon the following conditions: (1) recordation of the Stormwater Operation and Maintenance Agreement; (2) receipt of approval of all responsive documents from PennDOT, Department of Environmental Protection, and Chester County Health Department prior to issuance of a building permit; Conary seconded; motion unanimously approved.  

 

6. County of Chester – Data Services Building – Tax Parcel 63-3-39:  Township Planning Commission (PC) recommends the Board of Supervisors approve the Plan prepared by Regester Associates dated March 3, 2010 (the “Plan”) and associated waivers for a single-story data services building located on the northeast side of Wawaset Road on land owned by the County Correction Facility (139.1 acres) utilizing an internal driveway located east of the Work Release Facility. James Fritsch, P.E., Regester Associates, and Applicant John Dargay for County of Chester, appeared before the Board to respond to Township Engineer Plan Review Summary and Comment Letter dated April 22, 2010. The building footprint is approximately 2800 square feet and is not intended to be staffed on a daily basis. Building will be serviced by public water and an onsite wastewater treatment facility. Fritsch submitted a waiver letter dated April 26, 2010 fully describing Applicant’s request for the following waivers of Section 190 of the Subdivision and Development Ordinance: 190-12; -22.B.(6), (7), (8), (9); -22.C.(4); -23; -24; -25.B; and  -35; Applicant seeks a waiver of Section 178-3.B of the Stormwater Management Ordinance. Summary review discussed as follows:

 

Item #

Comment/Action

1

Applicant submitted paperwork to Pennsylvania Department of Conservation and Natural Resources regarding PA Natural Diversity Inventory (PNDI) from the Fish & Boat Commission and the Bureau of Forestry.

2

Board agrees with PC and Township Engineer (TE) findings that the Plan shows sufficient area to identify protected resources impacted by construction of the building given the minimal disturbance and the totality of the 139+- acre parcel.

3

Board has no objection to the findings of the PC and TE as substitute for the Zoning Officer in identifying adequate protection of natural features in accordance with Section 250-87.

4

Board has no objection to classifying the Data Services Building as an uninhabited remote building with two parking spaces and occupied by two people on a temporary basis.

5

Board agrees that a complete tabulation of existing and proposed building and impervious coverages for the 139+- acre parcel is not warranted at this time.

6

Applicant is working with the Chester County Health Department to confirm sewage capacity.

7

Applicant is required to record in the Chester County Office of Recorder of Deeds an Operations and Maintenance Agreement for the Stormwater Management (SWM) Facilities at the same time as recordation of the Final Plan.

 

Board agreed that a landscape plan was not required given the minimal square footage and location of the building. Board accepted SWM calculations submitted for the limited area of disturbance for this project. New construction on the County site must comply with current SWM ordinances. 

 

Motion: McNemar moved to grant waivers from the Pocopson Township Subdivision and Land development Ordinance and Stormwater Management Ordinance in accordance with Applicant’s request per Regester Associates waiver letter dated April 26, 2010; Conary seconded; motion unanimously approved.

Motion: Conary moved that the Board grant final approval of the Final Plan Prepared for County of Chester dated March 3, 2010 and last revised April 7, 2010, as prepared by Regester Associates, Inc., to construct a data services building contingent upon the following conditions: (1) recordation of the Stormwater Operation and Maintenance Agreement; (2) confirmation from the Chester County Department of Health that the County Wastewater Treatment Plant has sufficient capacity for the proposed data center; and (3) submission of PNDI Environmental Review Impact Report noting clearance; Brutscher seconded; motion unanimously approved. 

 

7. Creek Road Retaining Wall and Paving Bid:  Board reviewed Township Engineer Executive Summary dated April 26, 2010 recommending the Board award the contract to the low bidder, Lechmanik, Inc., in the amount of $24,600.00 with a conditional option that the Township purchase 200 solid concrete blocks from Delaware Valley Concrete (DVC) in Kennett Square for a price not to exceed $3,800.00. Lane confirmed that the Public Works Department can purchase the blocks from DVC and Lechmanik will pick them up from DVC for installation. Board agreed that a preconstruction meeting should be scheduled as soon as possible to review project details. In addition, the Township should provide advance notice of the potential for modified traffic patterns to the school district and affected residents on Creek Road.

Motion: Brutscher moved to approve the base bid of $24,600.00 from Lechmanik, Inc., with the cost of 200 solid concrete blocks from Delaware Valley Concrete, Kennett Square, to be deducted from the base bid in an amount not to exceed $3,800.00, with said blocks to be purchased by Pocopson Township; Conary seconded; motion approved unanimously.       

 

8. Cannon Hill Property Complaints:  Joseph Stumpo, William Brown, and James White (Cannon Hill Landowners) appeared before the Board regarding an update to the April 12, 2010 discussion regarding the property known as “Hipkins Property” now owned by a development firm CloCal. Conary reported that the Township Engineer has researched the issues at hand related to the submission of the building permit application. As a result, Township Engineer has requested that the Applicant submit U.S. Army Corp of Engineers and Pennsylvania Department of Environmental Protection documents confirming permitting for the current conditions. Cannon Hill Landowners requested and Board agreed to direct Public Works to contact CloCal regarding the removal of the downed tree and tree limbs currently obstructing the easement area. 

 

9. Public Works Report: Lane submitted and the Board accepted as written a public works report dated April 25, 2010. The Report was supplemented with the following discussion: (1) Board thanked Public Works for excellent work done to complete the chipping project; (2) Lane continues to remove debris from the Barnard House clean-up day; (3) Secretary is directed to draft a letter in response to the erosion issue at 5 Ayer Court in the Olmsted Development; (4) Board acknowledged response from a resident that significant repairs are needed for the road surface at the intersection of Red Lion and Unionville-Lenape Roads; (5) Lane reported that the insurance carrier approved the claim for repairs to the exterior of 740 Denton Hollow Road from the February snow storm. Cost estimates approved include structural repairs and repairs to the incoming electric line which includes the service upgrade.  

 

10. Planning Commission Report: Secretary reported that the Planning Commission (PC) members received copies of the 2001 Township Comprehensive Plan for the purpose of review for the ten-year update. Conary noted that he will contact PC Chair regarding the County Landscapes2 grant process for assistance with the Plan update. PC continues to work through amendments to the Code. 

 

11. Barnard House Update: Brutscher reported that the Barnard House Volunteer Day on April 18th was a fabulous success with more than 50 volunteers participating. Board signed thank you letters recognizing the special efforts of the Longwood Fire Company, James and Sue Caldwell, and the Kennett Underground Railroad Center. A subcommittee of the Barnard House Steering Committee continues to interview grant writers. Board discussed recent proposal submitted for installation of snow guard to the roof area. Brutscher will research additional proposals.

 

12. New Business: Hubbard reported that representatives from the PRT Committee will be meeting with Andy Elser regarding the trail easement. Secretary noted request from Brandywine Valley Scenic Byways Commission to endorse amended intergovernmental agreement approved by Ordinance 2-2006. Board agreed to proceed with amendment to Ordinance for the May 10, 2010 meeting. Board reviewed documentation to be submitted for emergency assistance initiative for 2010 snow storms.

Motion: Conary moved to adopt Pocopson Township Resolution 2010-16 authorizing the Treasurer to execute for and in behalf of Pocopson Township all required forms and documents for financial assistance under the FEMA 1989-DR emergency assistance initiative; McNemar seconded; motion approved unanimously.

 

13. Old Business: Board reviewed Grant of Easement with Aqua Pennsylvania, Inc., for installation of the waterline at in conjunction with the site development for Toll community. Board approved notice for the newsletter regarding emergency management plan special needs services update via electronic registry through the County website.

Motion: Brutscher moved to endorse the Grant of Easement for installation of a water service line on Township property adjacent to Corinne Road as recommended and approved by Township Engineer; McNemar seconded; motion unanimously approved.   

 

14. Treasurer’s Warrants: Brutscher will undertake a review of the Township insurance policies for the purpose of identifying areas of loss coverage that may be inadequate or missing.

Motion: Conary moved, Mcnemar seconded, to approve the bill payment lists for March 23 – April 12, 2010 recommended for payment by the Treasurer. General Fund: 17 bills due for payment totaling $57,858.69; 2 debit card purchases totaling $259.44. Schoolhouse Fund: 1 bill due for payment totaling $64.00 (to be paid out of the federal IMLS grant). Park, Recreation and Trails: 1 bill totaling $2,500.00; motion unanimously approved.

Motion: Conary moved, Brutscher seconded, to accept the March 2010 Financial Report prepared by the Township Treasurer; motion unanimously approved. 

 

15. Correspondence: Board reviewed first quarter report submitted by the Building Inspector regarding permits issued. Board reviewed the Special Event Request for Services Contract for emergency management coverage by Longwood Fire Company during Founders Day, September 19th.

Motion: Brutscher moved to accept the Special Event Request for Services Contract per the terms set forth for emergency management coverage by Longwood Fire Company during Founders Day, September 19, 2010; Conary seconded; motion approved unanimously.

 

17. Approval of Minutes of April 12, 2010: Brutscher moved, McNemar seconded to approve the April 12, 2010 Minutes as revised; motion unanimously approved.

 

18. Adjournment: At 9:25 p.m., Brutscher moved, Conary seconded to adjourn the meeting.

 

 

 

 

___________________________________            _____________________________

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