Board of Supervisors Meeting Minutes

7:30 p.m., Monday, May 10, 2010

In attendance: Supervisors – Stephen R. Conary, Georgia F. Brutscher; Ezekiel Hubbard, Chair, Park, Recreation & Trails Committee. Absent: Lauressa J. McNemar, P.E.

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

2. Announcements: Board will meet with representatives from Pennsylvania Department of Transportation on May 13^th to discuss alternative plans for construction of the roundabout on Route 52. A public meeting will be held on May 20^th to discuss modifications to the intersection of Corinne and Locust Grove Roads. On May 20^th Brutscher will meet with a representative from H.A. Thomson to review insurance coverage for the Barnard House. The Agricultural Security Area Committee will meet on May 17^th. The Kennett Area Regional Planning Commission will meet on May 18^th.

3. Public Comment: Board recognized Cheryl M. Vermey, President, and Heather Mattis, Secretary, Windy Hill Homeowners Association (HOA) regarding the matter of Stephen Poole, 515 Windy Hill Lane (Lots 1 and 1A). Poole submitted correspondence requesting the Board to authorize the Township Engineer to inspect a retaining wall (“wall”) located on the common ground area adjacent to his Lots that is in need of repair. Don Lane, Public Works Director, inspected the area prior to the meeting. It appears to Lane the wall is on the Lot owned by Poole and the wall was built at the time the dwelling was built. Conary and Brutscher reviewed Poole’s letter of April 30, 2010, and determined that from the perspective of the Township the matter is not one of public health or a safety issue. Repair to the wall is an issue to be resolved by Poole and the Windy Hill HOA. The Board heard from James White regarding the Cannon Hill property. White voiced concern about negative comments he has received from CloCal, Inc., the owner of the “Hipkins” property, as a result of his appearances before the Board in April. The Board regrets that White has received negative feedback but noted White and other Cannon Hill landowners asked to be included on each agenda in April to discuss land development concerns and those discussions are public record.

4. Ordinance Hearing: Motion: Brutscher moved, Conary seconded to close the regular meeting at 7:50 p.m. and open the Ordinance Hearing for Ordinance 2 of 2010 to amend and restate the intergovernmental cooperation agreement for the Brandywine Scenic Byway Commission (“Commission”).

The Ordinance amends the Brandywine Scenic Byway Commission Intergovernmental Agreement (“Agreement”) dated March 8, 2006 excluding East Marlborough Township which has withdrawn from the Commission. The Ordinance recognizes certain amendments to the Agreement as submitted by the Commission. There was a brief discussion that the relocation of Route 52 was the reason for East Marlborough Township’s withdraw.

Motion: Brutscher moved, Conary seconded, to approve Ordinance 2 of 2010 to amend and restate the intergovernmental cooperation agreement for the Commission.

Motion: Brutscher moved, Conary seconded, to close the Ordinance Hearing and re-open the regular meeting at 8:05 p.m.

5. Public Works Report: Don Lane submitted and the Board accepted as written a public works report dated May 10, 2010. The report was supplemented with the following discussion: Boot Road Tree Service will be out this week to remove trees damaged by heavy winds during the weekend of May 8^th and 9^th. Board asked the Secretary to include Boot Road Tree Service as a potential contract appointment during the organizational meeting. Board approved overtime request for public works projects scheduled for May and June. Board asked Lane to obtain proposals for outsourcing mowing tasks. Lane indicated that mowing should include park areas as well as trails. Board agreed and asked Lane to obtain mowing proposals. Lane reported that while he has not been contacted by the Olmsted Homeowners Association regarding the sinkhole adjacent to 5 Ayer Court he is aware of recent inspection activity.

Hubbard brought to the attention of the Board a request by the Unionville Recreation Association (URA) for permission to take responsibility for grooming the ball field in order to alleviate maintenance issues. Lane is aware of the recurring rutting conditions on the field due to inordinate amount of rainfall this spring. He is not inclined to provide tools on site because of liability issues including potential theft of the equipment. Board noted that Lane is doing the best job possible given the weather conditions. Board is not opposed to URA bringing tools and supplies to the park to do light maintenance on the field in advance of their scheduled usage of it.

The Board complimented Public Works Department for the fine job they are doing on the grounds of the Barnard House. Conary suggested that Lane flag the area on the property for the delivery of fill for the future installation of recycle containers. The flagged area will aid the Board in their decision-making process regarding the recent offer of fill.

6. Barnard House: Brutscher reported that the Finance Subcommittee continues to discuss the viability of hiring a professional grant writer and/or fund raiser to assist the Township with the project. Graduate students from the University of Delaware will be at the site during the summer working on a historical research project. Funding for the project is provided as part of the grant obtained by the Township Historical Committee.

7. New Business: Secretary reported that PECO Regional Representative Greg Cary provided preliminary information regarding changes in electric market pricing effective in 2011. Board reviewed list of residents and organizations to be contacted regarding the May 20^th public meeting. Conary noted that the focus of the meeting is to speak to residents who are directly impacted by modifications to the intersection of Corinne and Locust Grove Roads and identified as third-party connections to the wastewater treatment plant serving the Toll community. Secretary is directed to proceed with submitting legal notice regarding the meeting. Vandemark and Lynch will submit the completed Act 167 documents to the Board prior to submission to the County. Conary reported that a draft Nuisance Ordinance will be submitted to the Township Planning Commission on May 19^th; with subsequent submission of the draft with Planning Commission comments submitted to the Board on May 24^th. Hubbard requested and Board approved proposing a study suggested by the Trails Committee to identify trail connections between Pocopson Park, the Schoolhouse, and the Barnard House.

Motion: Brutscher moved, Conary seconded, to appoint Alta Hoffman to serve as the Pocopson Township representative to the Bayard Taylor Memorial Library Board of Directors. Secretary is directed to contact Bayard Taylor Memorial Library accordingly.

8. Old Business: Secretary noted that Founders Day Chair Beverly Bruns brought to her attention that the Founders Day magnet decals would be available at a cost of $2.00 per magnet not $1.00 per magnet as previously reported in the Minutes. Hubbard reported that the Trails Committee continues to work with representative of the Elser family regarding the easement. Parks, Recreation & Trails Committee will review two proposals for the installation of concrete markers on the Cannon Hill Trail.

9. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for April 27 – May 10, 2010 recommended for payment by the Treasurer. General Fund: 20 bills due for payment totaling $16,447.68; 3 debit card purchases totaling $331.99. Highway Aid: 3 bills due for payment totaling $256.12. Parks, Recreation & Trails: 2 bills due for payment totaling $411.11.

10. Correspondence: Board reviewed Yerkes Associates Code Enforcement Report for the month of April. Board supports Open Space Advisory Committee proposal to proceed with an initial assessment of potential open space preservation project.

11. Approval of Minutes of April 26, 2010: Brutscher moved, Conary seconded to approve the April 26, 2010 Minutes as revised.

12. Adjournment: At 8:50 p.m., Brutscher moved, Conary seconded to adjourn the meeting.

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