Board of Supervisors Minutes 

7:30 p.m., Monday, October 11, 2010

 

In attendance: Supervisors – Georgia F. Brutscher, Lauressa J. McNemar, P.E.; Parks, Recreation, and Trails Committee –  Tom Bierl and Ezekiel Hubbard, Chair; Planning Commission – Gary Summers, Chair. Absent – Stephen R. Conary.

 

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

 

2. Announcements:  McNemar stated an on-site field meeting was held last week at The Preserve to observe grading for the development. The meeting was attended by McNemar, Brutscher, Planning Commission Chair, the Township Engineer, and the Township Solicitor. Brutscher announced that the Kennett Area Regional Planning Commission will meet at the Township building on Tuesday, October 19th.

 

3. Public Comment: Resident members of the Riverside at Chadds Ford Landscape Team (“Team”) expressed their disappointment regarding the condition of the community open space. They presented to the Board copies of landscape proposals citing the lack of topsoil as the single contributing factor for the deteriorating condition of the open space. Landscape professionals have advised the Team that the cost will be significant to revegetate the open space areas. Board noted that the Township Engineer should be made aware of the concern particularly if the approved final plan included erosion and sedimentation requirements with seeding specifications for final stabilization. The Team reported that maintenance for the open space is currently the responsibility of the homeowners association. As part of the dedication process, the Board directed that the Secretary provide the Township Engineer with copies of the proposals and soil sample reports submitted by the Team.

 

4. Parks, Recreation and Trails Committee – Elser Trail Easement:  Tom Bierl and Ezekiel Hubbard presented a letter dated October 8, 2010, regarding two options for implementation of the Elser Trail Easement. Discussion ensued regarding Township maintenance responsibilities for the Trail Easement including mowing under the fence that will delineate the trail. Township Public Works Director Mark Knightly expressed concern that the Township did not have a mowing device to mow under the fence and asked if the application of an herbicide would be acceptable. The suggestion will be discussed with Elser. Board agreed that Knightly should meet Bierl and Hubbard at the site to identify grading required for the trail installation as well as the location of the approximate 200 to 300 feet of fencing and gate for which the Township will be responsible. Bierl reported that Andy Elser will obtain an estimate for installation of the fence from his fence vendor for submission to the Township. Discussions continue with Elser regarding language for signage. Board agreed that Knightly should review and provide comment on the language in the easement agreement regarding maintenance. 

Motion: Brutscher moved, McNemar seconded, to recommend submission of the terms of Option 2 to the Township Solicitor and Attorney for Henry R.C. Elser Property for review. 

 

5.  Public Works Report: Public Works Director submitted and the Board accepted as written a Public Works report dated October 11, 2010. The following discussion supplements that report: Brutscher requested that G. Fedale be contacted regarding the nonfunctioning gutters at the Barnard House. There appears to be a deficiency in installation by G. Fedale as rainwater can be seen washing over the roof. The well pump for the Administration Building was repaired recently after it shorted-out from exposure to rain. Chipping is scheduled Township-wide the week of October 25th. Secretary continues to research the cost to register the Township for the PA One Call program. 

Motion: McNemar moved, Brutscher seconded, to approve the purchase of a dehumidifier for the Barnard House to be installed by the Public Works Department.

 

6.  Berlin Subdivision Lot 3/63-3-89.1B Landscape Plan: Township Landscape Architect continues to review the field plan and complete site investigations regarding unapproved disturbance of trees and vegetation on Lot 3. Board noted that it is not known at this time who removed additional trees or for what reason.

Motion: Brutscher moved, McNemar seconded, to direct the Township Landscape Architect to include in the final review of the landscape plan for Lot 3 a calculation of the necessary compensation for additional landscaping.

The Secretary is directed to ask the Township Landscape Architect to contact the Applicant regarding the review of the Plan for additional landscaping.

 

7.  Old Business: Brutscher noted that a Conditional Use Hearing for 5 Cannon Hill Drive will be held on October 25th at 6:30 p.m. Summers briefly reviewed the supporting position of the Planning Commission in this matter and noted that the Applicant recently submitted a revised building permit plan that is under review by the Building Inspector, Zoning Officer, and Solicitor for the Planning Commission. Discussion ensued regarding retaining walls at The Preserve. Board noted that the design proposed by Toll Brothers represents a severe encroachment not represented on the approved final subdivision plan (“plan”). Summers noted that the retaining wall as proposed will ring the knoll and range in height from 2 to 6 feet with a 4-foot fence installed on top. Given that this represents a significant change to the plan, the Board agreed that Toll Brothers must submit the proposed change to the Planning Commission for review and recommendation prior to submission to the Board for review, and if approved recordation of the revised land development plan. Secretary is directed to contact the Township Solicitor regarding written correspondence to Toll Brothers directing them to submit the retaining wall plans as discussed. Jack Becker briefly discussed the Becker Subdivision on the east side of Pocopson Road.  A revised final sketch plan will be discussed during the October 20th Planning Commission meeting. The sketch plan addresses the concerns set forth in the August 24, 2010 review and comment letter from the PennDOT District Permit Manager. Becker would like to appear before the Board on October 25th to request additional conditional approval from the Board based on the Planning Commission recommendations.

 

8.  New Business: McNemar reviewed a summary of the Pennsylvania Christina Basin Restoration and TMDL Implementation Plan (“Plan”). The Brandywine Valley Association (BVA) is the lead organization introducing implementation of this watershed based Plan. Participating municipalities will be asked to pay an equal share of BVA’s time for phased-development of the Plan. McNemar requested a BVA representative provide details during the October 25th Board meeting.   

 

9.  Treasurer’s Warrants: Brutscher moved, McNemar seconded, to approve the Bill Payment Lists for September 28 – October 11, 2010 recommended for payment by the Treasurer. General Fund: 21 bills due for payment totaling $48,084.76; 3 debit card purchases totaling $107.72. Highway Aid: 4 bills due for payment for $717.30. Barnard House Account: 1 bill due for payment for $500.00. Schoolhouse Account: 1 bill totaling $1,014.49.

 

10.  Correspondence: Board acknowledged receipt of draft letters and sample releases from Toll Brothers to residents affected by site development of The Preserve.

 

11. Approval of Minutes of August September 27, 2010: Brutscher moved, McNemar seconded, to approve the Minutes of September 27, 2010 as amended.  

 

12. Adjournment: At 9:00 p.m., Brutscher moved, McNemar seconded to adjourn the meeting.

 

 

 

 

______________________________________                                      ________ ____________________________

Susan E. Simone, Administrative Secretary            Georgia F. Brutscher, Vice Chair