Board of Supervisors Meeting Minutes

7:30 p.m., Monday, August 9, 2010

In attendance: Supervisors – Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Ezekiel Hubbard, Chair, Parks, 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: Board noted that Route 52 alignment project between Route 1 and Route 926 on Longwood Gardens property is underway. Deer Management Committee has been asked to resume – Don Lane will coordinate the Committee’s efforts. Keystone Collections Group has been named the centralized tax collector countywide for local services and earned income tax collection in accordance with Pennsylvania Act 32. Brutscher announced that the Barnard House Financial Subcommittee will be meeting on August 10^th. She also indicated that the Agricultural Security Area Committee is moving forward with landowner applications to be submitted to the Board in the fall.

3. Public Comment: Terry Gumpper asked if the Board received clarification from the County regarding housing of high-risk prisoners in the Pocopson Township facility. Conary will continue to follow-up on this matter. Judy Lovell asked if the Township Zoning Official will investigate the abandoned and deteriorating dwelling on Lenape Road. Board will ask the Zoning Official to proceed under the Nuisance Ordinance. Andrew Murphy asked and the Board confirmed that the Township Engineer continues to review stormwater issues for Overlook Circle as part of the overall dedication review process.

4. Public Discourse on Ordinance for Earned Income Tax (EIT): Conary presented a summary of the current financial situation, background on current taxes, and a multi-year forecast of income and expenses. Board reviewed options of either an EIT tax plus a decrease in property taxes or an increase in property taxes without implementation of an EIT. Data indicates that about 22% of Pocopson residents already pay an EIT through their employment in other municipalities so they would see no tax increase if an EIT is implemented in Pocopson. The Board yielded the floor to residents in attendance for discussion. Residents requested the Board consider raising the real estate transfer tax rather than implementing an EIT and keeping the current property tax and a lower EIT rate. Board clarified that implementation of an EIT is not part of a referendum process and discussion at this time is not part of a public hearing. A public hearing will be held following legal advertising of the text of the EIT Ordinance. Board will continue to review and update income and expense projections. Residents agreed that maintaining Township services is a priority. Tax discussions are unpopular, but Residents appreciated the efforts of the Board to engage in public discourse.

Motion: Conary moved to proceed with legal advertising for a public hearing on September 13, 2010, to decide the imposition of a tax under the Tax Enabling Act, 53 P.S. §§ 6910, 6913, 6924.101 et seq, for general revenue purposes to be effective January 2011; Brutscher seconded; motion unanimously approved.

5. Public Works Report: Public Works Director submitted and the Board accepted as written a Public Works report dated August 9, 2010. Board approved contracting with Boot Road Tree Service for tree trimming in residential developments beginning with Beversrede. Board approved installation of a two-way radio in the backhoe at a cost of $425.00. Board approved estimate for repair of curbing at the Patrone property that was damaged by snow clearing efforts during the winter storms.

6. New Business: Conary noted that the Parks, Recreation and Trails Committee and the Planning Commission will not be meeting in August; therefore, no response to date regarding appointments to the Comprehensive Plan Task Force. Secretary is directed to contact Constellation Energy regarding proposals for an alternate energy supplier considering electric supply deregulation starts in 2011. Board discussed amendment to Omnibus Fee Schedule to include cost of a zoning hearing board transcript for Township files. Board approved expenditure to obtain a transcript for the Brandywine Land Management Hearing held September 22, 2009 and Becker Pocopson Road Project Hearing held November 19, 2009. Township received for review a renewal of the Franchise Agreement with Comcast. Conary remarked that the Historical Committee should be contacted regarding cable connections for the Schoolhouse as part of the Franchise Agreement. Board discussed Pennsylvania Senate Bill 1357 and House Bill 2431 calling for a commission to recommend changes to local government borders and a constitutional amendment establishing counties as the basic level of government.

Motion: Brutscher moved to adopt Resolution 2010-21, opposing measures of a forced merger; McNemar seconded; motion unanimously approved.

7. White Farm/BHO Investors Escrow Release #9: Board reviewed Escrow Release #9 releasing remaining monies in the escrow account in accordance with discussion during the July 26, 2010 meeting.

Motion: Brutscher moved that the Board approve Escrow Release No. 9 dated July 31, 2010 for $37,647.99 as reviewed and approved the Township Engineer and contingent upon reimbursement to the Township for construction review services performed by Vandemark & Lynch; McNemar seconded; motion unanimously approved.

8. Old Business: DCNR Community Trail Feasibility Study – Board reviewed the final draft plan intended as a guide for implementation and preservation of trails.

Motion: Conary moved to adopt Resolution 2010-20 closing out Community Conservation partnerships Grant Project BRC-TAG-11-72; McNemar seconded; motion unanimously approved.

Hubbard requested expenditure of additional funds (approximately $500.00) for a wetland study of the Cannon Hill Trail as part of the survey and monumentation work underway by Gilmore & Associates previously approved.

Motion: Conary moved to approve the expenditure of funds from the PRT budget for a wetland study for the Cannon Hill Trail survey and monumentation project; Brutscher seconded; motion unanimously approved.

Board directed Secretary to contact landowner of Lot 3, Berlin Subdivision, regarding the status of installation of landscaping. Board received draft of an agreement with the University of Delaware Center for Historic Architecture and Design for the development of materials related to curriculum, web site, and exhibit concepts for the Locust Grove Schoolhouse and the Barnard House. The terms of the agreement are consistent with grant awarded the Historical Committee. Secretary is directed to submit to the Township Engineer a copy of the Overlook Circle Cluster Development Plant Installation Review by Burcham & Associates as part of the dedication review process. Board reviewed request from the Open Space Advisory Committee (OSAC) regarding recommendations for open space opportunities.

Motion: Brutscher moved to approve OSAC request to hire Brandywine Conservancy to provide GIS-based data on parcels 63-3-117.1 and 63-3-117.11 at an estimated amount of $140.00, with the cost not to exceed $200.00; McNemar seconded; motion unanimously approved.

9. Treasurer’s Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for July 27 – August 9, 2010 recommended for payment by the Treasurer. General Fund: 10 bills due for payment totaling $15,580.33; 2 debit card purchases totaling $142.16. Highway Aid Fund: 3 bills for $10,617.59. Parks, Recreation and Trails Fund: 1 bill for $62.86. Schoolhouse Fund: 1 bill for $805.73.

10. Correspondence: Board directed the Secretary to draft correspondence suggesting changes to provisions of the Open Records Act that constitute presumably unintended consequences of the original intentions of the law.

11. Approval of Minutes of July 26, 2010: Conary moved to approve the Minutes of July 26, 2010 as amended; Brutscher seconded; motion unanimously approved.

12. Adjournment: At 9:45 p.m., Conary moved, Brutscher seconded to adjourn the meeting.

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