Board of Supervisors Meeting Minutes

7:30 p.m., November 9, 2009

In attendance: Stephen R. Conary, Georgia F. Brutscher Absent: Lauressa J. McNemar, P.E.

1. Call to order.

2. Pledge of Allegiance.

3. Announcements: Meeting held on October 27^th to finalize agenda and presentation for October 29^th Barnard House Community Meeting. Budget work session held on November 4^th. Meeting held on November 5^th with Dennis Melton, Architect, regarding Barnard House renovations. Kennett Area Regional Planning Commission meets November 17^th.

4. Public Comment: none.

5. Barnard House: At the request of the Board, Dennis Melton reviewed bids for the repairs to soffit and fascia on the Barnard House. Melton recommended that the Board accept the bid submitted by Con-Lyn Home Improvement Co., LLC. The work will be completed, including installation of gutters and downspouts, on or before December 15, 2009. Public Works Department is monitoring utility service to the Barnard House.

6. Public Works Report: Don Lane submitted and the Board accepted as written a project report for the week of November 9, 2009. The report was supplemented by the following discussion:

a) State Roads –. Lane is working with Pennsylvania Department of Transportation (PennDOT) representatives to resolve standing water issues at the following locations: (1) Lenape Road and Lenni Drive to be addressed following completion of the gas line installation; (2) Folly Hill and Lenape-Unionville Road; (3) South Wawaset to include installation of a stormwater inlet box; (4) water runoff at North Wawaset Road near the Grace property.

b) Township Roads/Road Sign Inspection –Lane reported that repairs continue on the Haines Mill Road bridge. With assistance by the Township Engineer the weight limit for the road will be determined and signs posted accordingly. Resident at 515 Corinne Road was able to remedy drainage issue caused by a pipe under the driveway. Road/Street Sign Audit completed with a finding of 25 signs in need of repair and 3 signs to be replaced.

c) Fence Repairs – Board approved the replacement of approximately 230 rails for the post/rail fence adjacent to Pocopson Park and 465 Locust Grove Road. Lane reported that most posts are in good shape.

d) Creek Road Proposal – Secretary reported that TSG submitted a signed agreement to withdraw the proposal for repairs to Creek Road. Township Engineer will be preparing a revised proposal for bids.

7. Trails Feasibility Committee:

a) Department of Conservation and Natural Resources (DCNR) Grant Agreement – Tom Bierl and Zeke Hubbard reported that the Trails Feasibility Committee is on track to complete the tasks required by the Grant Agreement. The Committee does not anticipate submitting a request for an extension of the Agreement period which expires December 31, 2009. Brandywine Conservancy is preparing the required reports. Bierl reported that the Committee, utilizing a ten-point parameterization process, is working with aerial photographs and other data to identify trail pathways, segments, foot bridges and trails encumbered by forests or wetlands. Final costs associated with trails and trail components will be determined upon completion of this process.

b) Township Trail Opportunities – Brutscher suggested that the Committee consider pursuing grant opportunities to create a trailhead at the Barnard House in order to provide recreation facilities such as parking area, picnic tables and bathrooms. Hubbard noted that grant opportunities may be limited without the area designated as a park. Hubbard and Bierl agreed to review the site to propose an appropriate trailhead area. Conary noted that the Committee should begin to formulate a plan for a trail segment to traverse the land on the east side of Pocopson Road which will soon be acquired from Toll Brothers.

c) Brandyridge Trail – Bierl noted that this trail is on the master plan as a connection the Brandywine River Trail. The revised Plan prepared by Vandemark & Lynch dated October 13, 2009, with an alternate alignment to eliminate the steps should be sent to the Brandyridge Homeowners Association so that they are aware of the work that will be completed when the road is widened. Public Works will be completing a portion of the construction work.

d) Elser Open Space Conservation Easement and Trail – Conary tasked the Committee with drafting a general description of the proposed trail on the Elser property on or before November 30^th so that it can be included with the Agreement of Sale for the Conservation Easement. Hubbard and Bierl will contact Elser to set up a meeting to walk the property for this purpose.

8. Parks, Recreation & Trail (PRT) Committee Requests: Hubbard submitted two letters of request as follows: (1) Purchase of four wood-crafted “Welcome to Pocopson Township” Signs. The Board tabled the decision to purchase signs pending review of the budget; (2) Purchase of trail maintenance equipment to spread stone and control weeds. Don Lane will attend the November 12^th PRT meeting for further clarification and discussion.

9. Deer Management Committee: Discussion from the meeting held November 5^th was reported as follows: (1) Four-post bait stations installed on private property may be maintained by the landowner without the need to obtain certification to handle tickicide. (2) Don Lane and Jim Jordan walked Township Property to determine safe huntable areas for separate accommodation to hunt with archery and with firearms. (3) Committee recommends the purchase of four (4) basic ladder stands to control movement of hunters assigned to each area. Board tabled decision on the purchase pending discussion with Township insurance carrier regarding liability issues if any there may be. (4) Committee recommends closure of Pocopson Park a total of five (5) days during shotgun season and to post notice when archers are positioned at designated sites. (6) The next Committee meeting is scheduled for November 19^th.

10. Resolution 2009-17 Establishing Schedule of Fees: Board completed review of fee schedule and discussed the Resolution as submitted.

Motion: Brutscher moved to adopt Resolution 2009-17 establishing schedule of fees for zoning and building permits, land development applications, engineering reviews, curative amendments and hearings and other fees and fines; Conary seconded; motion unanimously approved.

11. New Business: Board discussed public hearings and directed the Secretary to proceed with legal advertising for a hearing November 23^rd for acquisition of Conservation Easement for 350 Wawaset Road and to advertise a meeting on November 17^th for a budget work session. Board discussed Pennsylvania House Bill 1500 authorizing Pennsylvania State Police to levy a per capita “patrol services fee” to be paid by each municipality that currently does not provide local police patrol services. Township would have to triple taxes to pay for State Police patrol services.

Motion: Conary moved that Pocopson Township Board of Supervisors write to state legislators expressing opposition to the basic provision of House Bill 1500 and that provisions in this type of legislation should recognize that all municipalities do not have the tax base to support traditionally state paid costs; Brutscher seconded; motion unanimously approved.

12. Old Business: Board directed the Secretary to contact the attorney for Cresta regarding open space acquisition. November 30^th is the settlement date for Township acquisition of certain improvements at Riverside and the wastewater treatment facility transfer to Delaware County Regional Water Quality Control Authority.

13. Landscaping Escrow Release – Taylor's Run at Red Bridge: Township Solicitor confirmed recordation of the Declaration of Easements, Covenants and Restrictions. Applicant must submit documentation to the satisfaction of the Board that a homeowners association has been created in accordance with the recorded Declaration.

14. Treasurer’s Warrants: Motion: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for October 27 – November 9, 2009 recommended for payment by the Treasurer. General Fund: 13 bills due for payment totaling $59,711.54; 5 debit card purchases for $758.87. Highway Aid: 5 bills due for payment totaling $13,118.42. Parks Recreation & Trails: 1 bill due for payment of $25.29. Motion: Conary moved, Brutscher seconded, to approve close out of the Sellers Contract for professional services.

15. Correspondence: Board reviewed zoning report for October submitted by Yerkes Associates. Board approved contract with U.K. Elite for the 2010 Soccer Camp Contract as submitted. Board agreed to review the request submitted by Borel to prepare a line of credit agreement for Lot 1-Berlin Subdivision tree replacement.

16. Approval of Minutes October 26, 2009: Motion: Conary moved to approve the October 26, 2009 Minutes as revised; Brutscher seconded; motion unanimously approved.

17. Adjournment: At 9:06 p.m., Brutscher moved to adjourn the meeting; Conary seconded.

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