Board of Supervisors Meeting Minutes

7:30 p.m., Monday, June 14, 2010

In attendance: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Committee Chairpersons – Ezekiel Hubbard, PRT; Beverly Bruns, Founders Day.

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

2. Announcements: Conary, McNemar and Don Lane met with several candidates for the Public Works Director position. Lane is retiring in July. An offer to fill the position was made to and accepted by Mark G. Knightly, a Township resident who is currently a member of the Public Works Department for East Marlborough Township. Township Engineer James W. Hatfield, P.E., conducted a meeting on June 8^th regarding development of Lot 6, Dorries-Lewis Subdivision known as 7 Lian Drive. Meeting was attended by Conary, Susan Simone, Pete Phoutopoulos, Andrew Semon, and Michael Seeds. McNemar reviewed and signed the annual state-mandated MS4 Report on June 8^th reporting on the status of stormwater for the Township.

3. Public Comment: Lawrie Bolger appeared before the Board regarding the lack of coverage in the June 2010 newsletter of the Third Annual Earth Day 2010 Clean Up “Pick It Up Pocopson!” Board acknowledged the significance of Bolger’s personal efforts in organizing, coordinating, and participating in the annual clean up, and the work of the many volunteers who participate in this valuable service to the community. A revised publication process will be implemented for future editions of the newsletter. Board continues to evaluate implementation of email notice list. Jerry Kreider, Sr., requested clarification regarding the noise ordinance notice in the newsletter. Conary noted the Noise Ordinance was adopted in 2004 and the intent of the Ordinance is not to limit or prohibit the rights of property owners but to control noise levels for maintenance or renovation work performed during the hours of 7:00 p.m. and 7:00 a.m. in residential areas. Board members noted recent noise complaints regarding contractor work at The Preserve at Chadds Ford and complaints from Riverside at Chadds Ford regarding industrial noise. Andy Murphy inquired as to the status of roadbed dedication for Overlook Circle – particularly the installation of concrete monuments. Board responded that Township Engineer and Public Works Department are currently assisting the developer to complete dedication checklist. Mario Campano representing the Beversrede Homeowners Association commented on a tree that fell across Beversrede Trail and was removed by the residents and placed in a yard. Board reminded Campano that Public Words Department can be reached after hours for such emergencies, and they cannot enter private property to remove the tree.

4. Ordinance 3 of 2010 new Chapter 129, Nuisance: Motion: Conary moved, Brutscher seconded to close the regular meeting at 8:05 p.m. and open the Ordinance Hearing for Ordinance 3 of 2010 to adopt a new Chapter 129, Nuisances, for the Pocopson Township Code.

Conary noted the genesis of the Ordinance is to provide a process for the Township to address hazardous issues including but not limited to dilapidated structures, yards and fields overgrown with grasses and noxious weeds, and other public health and safety concerns. Components of the new Chapter are cross-referenced with current burning, solid waste management, noise and other existing ordinances. Residents in attendance voiced concern that the Draft Nuisance Ordinance as written would mean that the Zoning Official would be entering private property to check for violations. Board assured all in attendance that is not the intent of the ordinance, agreed to revisit notification aspects of the Ordinance and to make a revised draft available via the web site.

Motion: Brutscher moved, McNemar seconded, to table additional discussion on the Draft Chapter 129, Nuisance Ordinance, for the June 28, 2010 Board of Supervisors Meeting, and to reschedule the Ordinance Hearing for July 12, 2010; motion unanimously approved.

Motion: Brutscher moved, Conary seconded, to close the Ordinance Hearing and re-open the regular meeting at 8:45 p.m.

5. Cannon Hill Property Complaint: Joseph Stumpo, William Brown, and James White (Cannon Hill Landowners) appeared before the Board requesting an update on the status of the building permit application submitted for Lot 6, 7 Lian Drive (Dorries-Lewis Subdivision). Conary reiterated that the Township Engineer conducted a meeting on June 8^th and that the Applicant continues to research the U.S. Army Corp of Engineers and Pennsylvania Department of Environmental Protection documents confirming permitting for the current conditions. Applicant is also working on a current plot plan and shared driveway and stormwater maintenance and operation documents. Brown noted that stormwater facilities for Cannon Hill have been compromised due to work done by the previous owner of Lots 6 and 8. Conary noted that the Township requested and the Chester County Health Department responded to reports of stagnant water that might spawn mosquitoes. Health Department indicated that the tires were removed and standing water in a camper cap was eliminated. At issue is a fence that the landowners have identified as blocking the emergency access easement for Cannon Hill. Board will bring this matter to the attention of Applicant as part of the review process.

6. Founders Day Committee Request: Beverly Bruns submitted a Founders Day Report.

7. Public Works Report: Lane submitted and the Board accepted as written a public works report dated June 14, 2010. The Report was supplemented with the following discussion: Lane submitted bid results of sealed proposals received by the Municipal Cooperative of Southern Chester County for the purchase of paving in place and microsurface treatment (oil and chipping). Discussions continue with PECO regarding repairs to conduit pipe for utility lines on Nathan Hale Drive. Board directs the Secretary to draft a letter to PECO requesting immediate completion of the repairs. Creek Road paving project will begin when the school term ends. Secretary noted that Red Bridge Farms HOA would like to be kept apprised of status of bids for Red Bridge Lane bridge repairs. HOA is interested in working with the contractor for estimates for stone facing.

Motion: Brutscher moved that the Pocopson Township Board of Supervisors accept the bid of Long’s Asphalt Inc., as representative of the lowest bid received by the Municipal Cooperative of Southern Chester County to provide paving in place; Conary seconded; motion unanimously approved.

Motion: Brutscher moved that the Pocopson Township Board of Supervisors accept the bid of Asphalt Paving Systems, Inc., as representative of the lowest bid received by the Municipal Cooperative of Southern Chester County to provide microsurface treatment; Conary seconded; motion unanimously approved.

8. Barnard House Update: Brutscher reported her concern that volunteers will lose enthusiasm for the project without adequate funding. Conary and McNemar agreed that the Board must review long-term projects and capital expenditures for the Township generally as well as the Barnard House.

9. New Business: Township has not received building permit application for renovations to an uninhabitable home on Wayne Drive. Board is not inclined to waive building or demolition permit fees for the project. Conary noted that the Board will soon need to appoint a committee to update the Township Comprehensive Plan. The County is currently revising the Vision Partnership Program which could provide funding to support the Comprehensive Plan update.

10. Old Business: Kenneth Hoffman, RLA, Gilmore & Associates, discussed the proposal submitted to the Park, Recreation and Trails (PRT) Committee to survey the Cannon Hill Trail and install concrete monuments. Hubbard noted that the survey will clarify if the existing trail is correct. He also noted that when the monuments are installed the Township should notify adjacent landowners so that they are aware of the location of the trail.

Motion: Brutscher moved, Conary seconded, to accept the proposal from Gilmore & Associates in the sum of $3,200.00 to survey and install concrete monuments at the location points required to specify the Cannon Hill Trail Easement in accordance with the Trail Easement Agreement and Dorries-Lewis Subdivision Plans as representative of the lowest of the responsive bidders; motion unanimously approved.

Hubbard reported that the PRT Trail Subcommittee met with the Elsers to propose an alternate location for the Elser Trail. Mr. Elser accepted the proposed revised trail location with rescinding rights due to the proximity of large animals near the trail. The Township would be responsible to mow the trail and install appropriate signage. Board discussed extension to Section 3, Trail Easement, of the Grant of Easement and Declaration between Henry Elser, Pocopson Township, and Brandywine Conservancy, Inc.

Motion: Brutscher moved, Conary seconded, to grant a ninety (90) day extension to the Grant of Easement and Declaration recorded December 17, 2009, in order to complete the details of the Trail Easement Agreement; the expiration date for this extension will be September 12, 2010; motion unanimously approved.

Board agreed to support the Stream Team’s efforts to sponsor a trout rodeo in the creek area on the Township Barnard House Property. Chuck Maston will sponsor the project which will be planned as a children’s activity. The trout rodeo will likely be scheduled for the fall season. Conary asked Hubbard to direct the PRT Committee to develop a consistent schedule for park facilities to open and close. McNemar reported that she attended an information session hosted by the Brandywine Valley Association regarding proposed changes to the design of stormwater management facilities.

11. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for May 25 – June 14, 2010 recommended for payment by the Treasurer. General Fund: 26 bills due for payment totaling $48,847.52; 5 debit card purchases totaling $320.81. Highway Aid: 5 bills totaling $926.33; Parks, Recreation & Trails: 2 bills totaling $2,535.28. Conary moved, McNemar seconded, to accept the May 2010 Financial Report prepared by the Township Treasurer.

12. Correspondence: Board signed letters allocating funding to Bayard Taylor Memorial Library and West Chester Public Library.

13. Approval of Minutes of May 10, 2010 and May 24, 2010: Brutscher moved, Conary seconded to approve the May 10, 2010 Minutes as submitted. Brutscher moved, McNemar seconded to approve the Minutes of May 24, 2010 as revised.

14. Adjournment: At 10:25 p.m., Brutscher moved, Conary seconded to adjourn the meeting.

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