Board of Supervisors Meeting Minutes

7:30 p.m., Monday, June 28, 2010

In attendance: Supervisors – Stephen R. Conary, Lauressa J. McNemar, P.E.; James W. Hatfield, P.E., Township Engineer; Ezekiel Hubbard, Chair, Park, Recreation and Trails (PRT) Committee. Absent: Georgia F. Brutscher.

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

2. Announcements: Township received an update from PECO Governmental Affairs Department that work continues on utility line repairs from the June 24^th storm. Conary met with West Chester Postmaster on June 23^rd regarding relocation of four mailboxes as part of the modifications to the intersection of Corinne and Locust Grove Roads. Board met in Administrative session regarding policies previously decided during regular meetings.

3. Public Comment: Berlin Subdivision Lot 2 landowner Donna Maston resolved an encroachment issue with the developer of Lot 3 and as a result will install temporary fencing to identify the property boundary line. Jerry Kreider, Sr., asked and Board confirmed that residents affected by relocation of mailboxes will receive advance notice. Kreider commented that dirt from the site development of The Preserve is collecting on his property. Township Engineer will address the concern with Toll. Judy Lovell asked and Board confirmed that the roadbeds in Riverside will be converted to their final state before the Township receives an offer of dedication. She also commented that the deteriorating state of the dwelling located at 1425 Lenape Road, adjacent to her property, is a hazard to public health and safety, and for this reason she is attending in support of the Nuisance Ordinance.

4. East Penn Railroad (ESPN): Robert C. Parker, President and Chief Executive Officer and Alfred M. Sauer, Vice President, appeared before the Board as a follow-up to an incident in January regarding discharge of propane gas from a release valve on a rail storage car parked at the Pocopson siding. Parker reported that the valve was not fully closed after unloading at a terminal and the empty rail car traveled to the siding at Pocopson with the valve in the open position. He also stated that the recipient of the car was responsible to properly close the valve and was subsequently fined for this incident. He also reviewed the current safety protocols of ESPN which include visible emergency contact phone numbers on all rail cars and that all products shipped in the rail cars comply with manufacturer and government safety guidelines. Residents voiced concern regarding locomotives and rail cars blocking the Route 926 highway-railroad crossing for twenty minutes or longer. Parker responded that ESPN’s operations are run in accordance with federal statutes and with safety standards a priority. He reminded residents that they should not trespass by walking on the track. Board suggested that Public Works contact Signal Service, Inc., regarding adjustments to the Route 926 traffic light.

5. Pennsylvania State Police Presentation and Update: Lieutenant Tracy E. Brown, Station Commander, Pennsylvania State Police Troop J – Avondale, attended the meeting as part of a partnership program with the community. He identified state police resources such as current and planned staffing for the Avondale barracks, the lack of resources available to troopers, and he reported to the Board that incident reports and public information releases will be provided to the Township on a monthly basis. Conary reviewed incident reports from January 1, 2010 to June 22, 2010, noting that almost 20% of the reports were responses to false alarms. Brown acknowledged that he will do all that he can to accommodate requests to control speeding on Township roads. However, the State Police are operating on a tight budget and access to technology is limited. He noted that the State does not have a cadet class this year due to budget cutbacks. He offered that patrols can be assigned to the bike routes in the Township in order to monitor bike riding activity for compliance with the law.

6. Lot 6 Dorries-Lewis Subdivision/7 Lian Drive: Robert F. Adams, Esquire, Pete Photopoulos, and Applicants Andrew and Kate Semon appeared before the Board regarding a building permit application to build a single-family dwelling on Lot 6. The Applicants requested modification to Sections 250-87.L regarding building in the Greenway Corridor, and 190-30.B(2) regarding driveway specifications, citing 250-87.M.(3)(a) and (b) regarding Board approvals and waiver of conditional use application. Board members noted that the subdivision was approved in 1991 and that substantial improvements have been installed. Lot 6 is located in its entirety in the greenway corridor. Hatfield discussed at length the construction of the shared driveway that will serve Lots 6 and 8. At issue is conventional driveway construction to street standards without Code reference to use of porous pavement for stormwater management.

Motion: Conary moved, McNemar seconded, to grant the modification requested by the Applicant regarding Sections 250-87.L and 190-30.B(2) of the Township Code; the shared driveway will be constructed using 3” of porous asphalt, on 1” of AASHTO #57 stone on 4” of AASHTO #3 stone as determined by the Township Engineer in concert with the provisions of the stormwater maintenance agreement.

Applicant submitted draft shared driveway and stormwater maintenance agreements for Township review. James White inquired as to the status of permits. Hatfield stated that he completed conversations with officials at the Army Corp of Engineers (ACOE) who confirmed their satisfaction that the 2001 violation was remedied and their file was closed in 2006. Documentation is not available due to relocation of the ACOE files. Hatfield noted that there are no wetland barriers for the Applicant to overcome. Applicant will not block the Cannon Hill Emergency Access Road. Drainage calculations indicate water management will be adequate. Hatfield has walked Lots 6 and 8 and noted no evidence of water issues affecting the Cannon Hill Development. Board suggested that Hatfield contact William Brown during next period of heavy rainfall in order to identify demonstrated areas of stormwater concern. Township will require owners of Lots 6 and 8 to record drainage easements that will run with the land. Adams told the Board that he represents the owner of the property and that Lot 6 has been under agreement since April 14, 2010. He noted that the property owner has improved the property and that if the Township and its Engineer are satisfied as to the ACOE and PaDEP permitting then a building permit must be issued for Lot 6. Further, the Township does not have jurisdiction regarding the ACOE and PaDEP permits. Board agreed and noted for the record that a Use and Occupancy Permit will not be issued until the recordation of the aforementioned agreements.

7. Discussion of Draft Nuisance Ordinance: Conary noted that the draft was amended to include the revisions to the process for notification, and the draft was posted on the web site and available in the Township office. Judy Lovell requested clarification regarding nuisance vegetation particularly growth on road banks. McNemar responded the intent of the Ordinance is to require mowing or removal of vegetation if it creates a nuisance for a neighbor or encroaches upon adjoining properties. The Ordinance allows for remediation of unkempt property and vegetation overgrowth. Board clarified the penalty provisions in the Ordinance and provisions regarding junk vehicles particularly as it relates to residents performing maintenance or repairs to a vehicle not considered a collector item. Lovell and Ralph Miller noted that the Township should seek to declare 1425 Lenape Road uninhabitable as it is currently vacant and dilapidated. Residents have not been successful in their efforts to have the Chester County Health Department condemn the dwelling. Board reaffirmed its intent to advertise the Nuisance Ordinance for adoption at the July 12 meeting. Residents offered suggestions and requested the Board review and amend the current Noise Ordinance.

8. Public Works Report: Lane submitted and the Board accepted as written a public works report dated June 28, 2010. The Report was supplemented with the following discussion: Lyons and Hohl, site improvement contractor for The Preserve, will donate concrete for footers for installation of the new swing set. Lane reported no damage to Township Property during the Thursday, June 24^th storm. Public Works Crew will remove overgrowth from road signs on Township Roads. Lane will contact PennDOT regarding signs obscured by overgrowth on state roads. Board approved estimate submitted by Supplee Construction to install new gutters on the Public Works Building and the Township Office building.

Motion: Conary moved, McNemar seconded, to accept the proposal submitted by Supplee Construction dated June 15, 2010, in the amount of $3,667.00 for the installation of gutters and leaf relief devices for the Public Works Building and Administrative Office Building as representative of the lowest bidder under the condition that a Certificate of Insurance and a proposed work schedule be submitted to the Township Secretary.

Motion: Conary moved, McNemar seconded, to accept the bid of Alger Oil, Inc., as representative of the lowest bid received by the Municipal Cooperative of Southern Chester County to provide LS Diesel Fuel and Heating Oil #2.

9. New Business: Conary introduced new Township employee Mark G. Knightly.

Motion: Conary moved, McNemar seconded, to appoint Mark G. Knightly as Public Works Director effective immediately.

10. Old Business: Hubbard reported that Founders Day Committee sales of the oval Pocopson magnet continue. Hubbard submitted PRT recommendation for the following improvements to Pocopson Park Baseball Field: installation of a removable home plate and installation of a shed for storage of field maintenance supplies. Brandywine Hardware offered assistance in supplying a vinyl deck storage box. Board reviewed recent issues regarding opening and closing times for Township recreation facilities and the need to lock facilities at closing time. Board asked that Public Works and PRT review current procedures for opening and closing and signage that should include notice of “weather permitting” for use of facilities. Hatfield distributed a 2^nd Plan Review Summary for the Leonard/Roberts Building Permit Plan dated June 28, 2010. Board agreed with provisions of the Review letter. Determination has not been made regarding the specifications of the guide rail because of ongoing site improvements and pending closure of Bragg Hill Road. Board supports Hatfield continuing discussion with Regester Associates on behalf of Applicant to finalize Building Permit Plans in order to proceed with issuance of the building permit. Prior to issuance of a Certificate of Occupancy, Township will require submission of a landscape plan for review and pre-approval by Township Landscape Architect, recordation of a trail easement, stormwater maintenance agreement, and additional Plan Notes as discussed with Regester. Mark Thompson discussed installation of utility lines noting that there may be an issue with the underground specifications. Board reviewed and agreed with Gary Burcham’s punchlist summary dated June 22, 2010, regarding the Corinne Road Buffer Plantings. Board reviewed Fenza Zoning Appeal No. 1-2010 and confirmed that prior to issuance of a Certificate of Occupancy, Applicant shall record a deed restriction in the Chester County Recorder of Deeds Office as described in item #4 of the Order dated June 17, 2010. Board noted the concerns of Brandywine Hardware regarding closure of the Route 926 Bridge.

11. Treasurer’s Warrants: Conary moved, McNemar seconded, to approve the Bill Payment Lists for June 15 – June 28, 2010 recommended for payment by the Treasurer. General Fund: 14 bills due for payment totaling $39,979.48; 3 debit card purchases totaling $122.15.

12. Correspondence: Board acknowledged letter from Pennsylvania Department of Conservation and Natural Resources dated June 24, 2010 regarding status of Trail Feasibility Study Grant. Board agreed to table discussion on Open Space Advisory Committee request dated June 28, 2010. Request received from West Bradford Fire Company to endorse documents related to the running of the Marshalton Triathlon on October 3, 2010. Conary noted race may be affected by Township’s closure of Bragg Hill Road.

Motion: Conary moved, McNemar seconded, to approve and endorse the Hold Harmless and Indemnification Agreement and the Special Event Application for the Marshalton Triathlon as submitted by West Bradford Fire Company.

13. Approval of Minutes of June 14, 2010: Conary moved, McNemar seconded, to approve the June 14, 2010 minutes as corrected.

14. Adjournment: At 10:20 p.m., Conary moved, McNemar seconded to adjourn the meeting.

_________________________________________________ _____________________________

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