Board of Supervisors Meeting Minutes

September 28, 2009, 7:30 p.m.

 

Present: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar, P.E

 

1. Call to order.

 

2. Pledge of Allegiance.

 

3. Announcements: Board discussed dedication issues and settlement for the wastewater treatment facility for Riverside at Chadds Ford with Toll Brothers representatives on September 15^th. Target completion date for outstanding issues is November 1^st. Board met with representatives from Delaware County Regional Water Quality Control Authority during an advertised meeting held September 17^th to discuss the conditions of sale for the wastewater treatment plant. Board met in executive sessions on September 15^th, 21^st, 23^rd, 24^th and 28^th to discuss employment and personnel matters. Conary and McNemar met on September 22^nd with representatives of Corinne Village regarding outstanding engineering fees. Meeting scheduled for September 24^th with Township Engineer and Code Enforcement personnel to discuss suggestions for proposed changes in the plan review process. 

 

4. Public Comment:  none

 

5. Berlin Subdivision, Lot 1, Corinne Road/63-3-89.1: Lot 1 landowners Garth and Elizabeth Borel appeared before the Board to discuss tree replacement on their land. Gary L. Burcham, Township Landscape Architect, was in attendance to report to the Board that he did not have sufficient information to complete the tree replacement review for Lot 1, noting that the plans and proposals submitted for his review were prepared in 2008. Borel replied that it is their understanding that the developer requisitioned the documents in preparation of the building plans for their home. Additionally, the letter from Chadds Ford Tree Service dated August 19, 2008 addressed to the developer provides detailed findings of a survey which concluded the need for tree removal to be less than that of Lot 2.

 

a) Discussion: Burcham citing the requirement to adhere to Sections 250-87.K(2) and (5) noted the report from Chadds Ford Tree Service provided replacement calculation based on caliper tree only and did not factor in replacement shrubs or the number of trees based  on area of woodland disturbance. Using the caliper replacement formula, Lot 1 tree replacement count is 95 trees. A replacement count of 95 trees is acceptable to Burcham and the Board. In addition, planting of shrubs is required by zoning code to account for the woodland disturbance area.

 

b) Action Items: Borel needs to finalize details for a Landscape Escrow Agreement with the Township on or before October 20^th in order to receive a Certificate of Occupancy. Board agreed that Burcham and Borel should meet on site to determine what is practical for the site in terms of where to locate plants that will meet requirements of the natural features ordinance. Borel confirmed that they are working with Green Roots Landscaping, LLC, currently under contract with owners of Lot 2 to facilitate the tree replacement.

 

6. Final Minor Bell Subdivision/1936 Lenape Road/Lot 1//63-5-2/4.652 acres: James Fritsch, P.E., Regester Associates and Nick Bell (Applicant) appeared before the Board to request final minor subdivision approval. Fritsch reported that the minor revisions to the Subdivision Plan dated 2/7/2008 and last revised 8/18/2009 are complete as discussed during the Board meeting held August 17, 2009. The Sewage Planning Exemption has been completed by Lanchester Soil Consultants and submitted to PaDEP. Recordation of the Stormwater Operation and Maintenance Agreement required within 15 days of final plan approval as noted on Sheet 8, Operation and Maintenance Plan for Lot 1. Discussion ensued and Applicant clarified review comments from Township Solicitor’s email dated September 17, 2009 noting that the Solicitor’s comments are inclusive of plan notes for various plan sheets. 

 

Motion: Conary moved that the Board grant approval of the Final Plan for the Bell Subdivision dated 2/7/2008 last revised 8/18/2009 and to be revised as of October 2009, contingent upon the following conditions:

(1) Satisfaction of any and all deficiencies of the escrow account established by the Township to cover engineering and legal review fees incurred by the Township; (2) final plan to include all associated waivers; (3) Applicant will obtain the Sewage Planning Exemption from the Pennsylvania Department of Environmental Protection; (4) Note #11 of the Stormwater Management Best Practices Operation and Maintenance Agreement revised to specify Applicant agrees to comply with Natural Features Ordinance 250-87; (5) Applicant will correct gender agreement issues in notary blocks; (6) Subdivision Plan Note #40 revised to specify issuance of a building permit is contingent upon receipt by Township of the recorded Shared Driveway Agreement, Highway Occupancy Permit, and Stormwater Management Best Practices and Operation and Maintenance Agreement;  McNemar seconded, motion unanimously approved. 

 

7. Founders Day: Zeke Hubbard, Founders Day Committee Liaison, thanked everyone for their support and noted that expenses to date total $8,236.11. Board acknowledged the outstanding efforts of Hubbard and the Founders Day and Historical Committees and other Volunteers for what was a most successful Founders Day event. The turnout was outstanding.  

 

8. Barnard House: Brutscher requested and Board approved the Barnard House Steering Committee request to obtain proposals for carpentry work including but not limited to replacement of fascia and soffit components which are required before installation of gutters and downspouts. She reported that the Community Information Meeting is scheduled for October 22^nd at 7:30 p.m. Brutscher requested approval for the expenditure of funds for a mailing to Township residents and targeted contributors regarding the meeting.

Motion: Conary moved to allocate funds necessary for an informational mailing and invitational postcards to be sent to Township residents and potential financial contributors; McNemar seconded, motion unanimously approved.

 

9. Public Works Report: Don Lane reported as follows:

a) Seminar – on September 15^th the Township hosted a winter maintenance seminar sponsored by the Pennsylvania Department of Transportation Technical Assistance Division.

b) Founders Day Clean-up/Park Maintenance – park clean up completed on September 21^st with Founders Day accoutrements stored in the Barnard House. Lane plans to seal picnic tables in October. He reported that the bee nests have been removed from park property and nest areas sealed with silicone to prevent construction of new nests.

c) Haines Mill Bridge and Creek Road Projects – Contractor TSG started repairs on Haines Mill Road bridge on September 21^st. Board will request assistance from Township Engineer regarding completion of both projects. 

d) Roadwork – Public Works Department responded to requests from residents for pot hole repairs.

e) Parkersville Road Tree Removal – Lane will contact landowner to confirm that the hazardous tree is in the right-of-way. Board agrees that if in the right-of-way, the tree is a safety issue and Lane should proceed accordingly to schedule the removal of the tree.

f) 824 Nathan Hale Drive – landowners Cesare and Gaida Ambrosio were in attendance to discuss a water discharge problem concerning a PVC pipe leading from the street onto their property that is seemingly connected to an underground spring. The Ambrosios reviewed their efforts that began in June 2009 to avert the water from their property that included the installation of landscaping to mitigate wet spots and to cap the pipe. McNemar suggested and Board agreed that a site visit is appropriate to understand and assess the situation..  

 

10. Partial Release Escrow No. 7 – White Farm/B.H.O. Investors: Board reviewed Partial Escrow Release #7 for White Farm/BHO Investors.

Motion: Brutscher moved that the Board approve Partial Escrow Release #7 dated September 25, 2009 for $24,257.00 as reviewed and approved by Township Engineer; McNemar seconded, motional unanimously approved.

 

11. New Business: Conary reported that the Jim Jordan, Executive Director of Brandywine Valley Association is willing to assist the Township with establishing a Deer Management Committee. Secretary submitted the names of eighteen residents who signed-up for more information on deer management during Founders Day.

Motion: Brutscher moved that Pocopson Township establish a Deer Management Committee and that an organizational meeting be scheduled as soon as possible; Conary seconded, motion unanimously approved,

Lane reported that a drainage issue exists at Lenni Drive and Route 52 that could represent a hazardous condition during the winter season. The Board advised Lane to contact Pennsylvania Department of Transportation to coordinate an evaluation and propose a repair for the drainage problem.

Motion: Conary moved to ratify the termination of the employment of the Public Works Director. Brutscher seconded, motion unanimously approved.

Motion: Conary moved to appoint William D. Lane as Acting Public Works Director; McNemar seconded, motion unanimously approved.  

 

12.  Old Business:

a) Cresta Open Space – The Board discussed the open space possibilities for the Cresta/Johnson property as recommended by the Open Space Advisory Committee (OSAC). Board requests the OSAC re-evaluate the development rights for both Cresta and DeNenno and continue exploring for other opportunities.

b) Brandyridge HOA and Riverside HOA Easements: Township continues to work with representatives from each homeowners association (HOA) regarding acquisition of trail and sewer line easements.

 

13. Treasurer’s Warrants: The following motions were unanimously approved –

Conary moved, McNemar seconded, to approve the Bill Payment Lists for September 14 – September 28, 2009 recommended for payment by the Treasurer. General Fund: 21 bills due for payment totaling $37,488.29; 4 debit card purchases totaling $120.37. Historic Schoolhouse Fund: 1 bill due for payment for $300.00; Open Space Loan: 2 bills due for payment totaling $1,000.00; Parks, Recreation and Trails: 1 bill totaling $32.38.

 

Conary moved, Brutscher seconded, to accept the August 2009 Financial Report prepared by the Township Treasurer.  McNemar moved, Conary seconded, to authorize Township Engineer to assist Township Public Works Department as needed regarding completion of Haines Mill Road bridge and Creek Road projects.

 

14.  Correspondence

a) Becker Property/Pocopson Road/63-4-148 and 63-4-148.1 – Board reviewed letter from Township Solicitor dated September 24, 2009, regarding interpretation of the zoning ordinance and the Subdivision and Land Development Ordinance (SALDO) landscape requirements. Board agreed with Solicitor’s recommendations that SALDO landscape requirements control. Board directed that the Secretary provide a copy of the letter to Township Engineer and to the attorney for the Applicant.

b) Tree removal – 444 Chambers Lane/Beversrede – Board reviewed request from landowner for permission to remove what may be two heritage trees located on his property. Landowner indicates that the condition of the trees pose immediate threat to his dwelling. Board agreed that in accordance with 250-87.H landowner has demonstrated that removal of the trees is essential to eliminate a hazardous condition. Secretary is directed to contact the landowner regarding Board approval.

c) Consultation Agreement – Board reviewed consultant services agreement in connection with the Locust Grove Schoolhouse 2009 Congressional Discretionary Grant received through the Institute of Museum and Library Services by and between Pocopson Township and Mary Dugan. Board agreed to the terms as set forth in the Agreement. McNemar requested that two signatures be required on any consultant contract or change thereof entered by the Township with another, as a cross check to the required Board decision for entering such a contract.

 

15. Approval of Minutes September 14, 2009: Motion: Conary moved to approve the Minutes of September 14, 2009 as revised; Brutscher seconded; motion unanimously approved. 

 

16. Adjournment: At 10:10 p.m., McNemar moved to adjourn the meeting; Brutscher seconded.

 

 

___________________________________            _____________________________

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