Board of Supervisors Meeting Minutes
7:30 p.m., August 25, 2008
Present: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar,
P.E.
1. Call to order: The meeting was called to order at 7:30 p.m. by Conary.
2. Pledge of Allegiance.
3.
Announcements: Conary announced that on August 13, 2008, the Supervisors
met with representatives from Toll and their attorney to discuss several open
items from the settlement agreement as well as a number of construction-related
issues. He reported that the Township desires that the land east of Pocopson
Road be dedicated as-is to the Township and that Toll make the financial
contribution to the Township in the amount stipulated in the agreement.
Brutscher reported that on August 19, 2008, she and Harwood completed an
inspection of current Public Works Projects and Township facilities. She was
very pleased with the status of the construction projects and the appearance of
Township facilities generally. McNemar will complete the Township inspections
in September.
4. Public Comment:
a) Creek Clean-up – Jim Herlihey and
his sons Michael, Paul, and Peter appeared before the Board to request Township
assistance with the disposal of tires they intend to pull from the Brandywine
Creek. Michael Herlihey described the particulars of
the creek clean-up as a service project. He expected that his group of
volunteers will pull approximately twenty (20) tires from the Creek. If the
Township has sufficient storage space, the tires could be disposed in March
2009 as part of the Brandywine Valley Association clean-up initiative. Harwood
responded that the Township does not have sufficient dry storage space for the
tires. The Board agreed that Harwood could pick up the tires that will be
stacked in the parking area near Northbrook and take the tires directly to Southeastern
Chester County
Recycling Center.
The Township agreed to pay the nominal recycling fee. Herlihey
expects a team of eight (8) people to pull the tires from the Creek on
Thursday, August 28, 2008.
b)
Haines Mill
Road Bridge
– At McNemar’s
request, Stephen B. Woodward, Vice President, Advanced GeoServices,
appeared before the Board to briefly outline the particulars for proposals to
repair and replace or to remove the bridge at Haines Mill Road. Woodward described the
level of engineering and Department of Environmental Protection permitting
required. Options for repair include repairing the bridge and maintaining the
same road profile with minimal raising and hydraulic replication of conditions.
This may result in less engineering costs but significant construction costs.
Other options include general permitting with an abbreviated hydraulic analysis
to repair the site to allow for foot traffic and equestrian traffic. The Board
agreed with Woodward’s assessment that in order to
proceed with repairs it is important to determine the underlying cause of the
bridge failure. Conary noted that the Board will be taking the necessary
steps to confirm in writing the comments of residents affected by the bridge
section of Haines Mill Road
in order to determine how to proceed.
c)
Riverside – Tom Nyheim
presented a Sewer System Petition on behalf of the residents of
Riverside. The questions
varied, but generally, the residents are concerned about a great deal of what
may be misinformation about the wastewater treatment facility, particularly the
nature of the spray field outflow. The residents are concerned that system
tap-in by third-parties may include effluent from industrial sources. Residents
also questioned how third-party tap-ins will affect the monthly rate. Conary
responded that industrial waste is not permitted in the system. He also
responded that the Board will review the petition. Conary and Brutscher noted
that the Township does not have all the answers regarding the facility at this
time. The Board will continue to meet with consultants to clarify costs as well
as the capacity of the system.
d)
Founders Day – Sandy Retzlaff and Ricki Stumpo
reported that Founders Day expenses to date total $9,900 while the income total
to date is $10,350 leaving very little wiggle room. The reminder flyer will be
mailed this week. Retzlaff provided a rough draft of the flyer that had not
been proofread. Conary suggested that she submit the flyer to the office staff
for proofing. The flyer will be linked to the Township web site. Food will be
provided by Brandywine Picnic Park/Hickory Catering. A stylized
montage/painting by local artist Bruce Coyle of the three barns on the historic
barn tour will be auctioned at the conclusion of Founders Day. Proceeds from
the auction will be split with the artist. A limited number of prints will be
available for sale. Retzlaff asked for volunteers for the donut-a-thon and
McNemar volunteered to contact members of the Planning Commission. Stumpo reported that personnel from both West
Chester and Bayard Taylor Libraries will be participating. Stumpo also reported that a local church sought permission
to set up a display table. The Board deferred a decision regarding the request
until such time that a policy is developed for unsolicited participants.
5. Regester Associates:
a) Berlin Lot #2, Corinne
Road – Jim Fritsch, P.E., Regester Associates on
behalf of Berlin Construction provided photographs of the completed trail
installation noting that it matched grade for the most part and that there was
very little compaction of the soil. Fritsch provided an updated Discussion Plan
to the Building Permit Plan for Lot #2,
Corrine Road as a follow-up to discussion of August 11, 2008. He noted
relocation of the circular driveway will require removal of two (2) trees
instead of five (5). Robert King of Chadds Ford Tree
Service provided detailed findings of a survey dated August 19, 2008, of the
trees on homesite #1. King recommends removal of
thirteen (13) living trees located within the house and parking footprints and
nine (9) perimeter trees deemed potentially dangerous or undesirable. Further,
King recommends installing orange safety fence around trees along the drive and
closest to the house site to prevent compaction of the soil and root damage.
The Board recognized that the Applicant may remove dead or damaged trees.
However, a tree replacement calculation is a crucial compliance issue and the
loss of so many trees is contrary to the plan approved five years ago. The
Board may consider a negotiation with the Applicant that could include a credit
for removal of dead or damaged trees. The Applicant’s escrow review fees were
reconciled on August 22, 2008 and the Township authorized the Engineer to
proceed with the review. The Applicant asks if he is required to meet the
standards of the zoning ordinances as his plans were submitted and approved in
2002. The Board will discuss the language of the Code with the Solicitor noting
that the comprehensive nature of the current Code provides for resource
protection and land use.
b) Brandywine
Valley Association (BVA)
– Fritsch and James Jordan, BVA
(Applicant) were present to follow-up on previous discussions regarding the
Applicant’s request to construct a 40' X 80' storage building on parcel 63-3-8
for equipment used by BVA for routine property maintenance. Fritsch presented a
waiver request letter based on the small scope of the land development project
and in response to Township Engineer Review letter dated August 19, 2008.
Following discussion, the Board agreed to waiver of Section 190-22.B(7), (8),
(9) and 190-C(4) requiring total tract boundary lines, cartway
width and final conservation plan given that the subject property is over 100
acres. The Board agreed with the Engineer’s review to grant waivers for
Sections 190-23, -24, -25.B, and 25.F. Fritsch reported that Bruce Focht of the Chester County Health Department has approved
the tie-in for the sewage facilities. Therefore, the Board agreed to the waiver
of 190-25.G. Fritsch noted that the Applicant does not intend to dedicate the right-of-way
to allow for future improvements to Unionville-Wawaset Road because the
project is not a subdivision and the state is not precluded from taking. The
Board agreed to grant waiver of Section 190-25.H. The Board agreed that the
location of the building is sufficient to conceal it. Therefore, a waiver of
Section 190-35 is granted. The Board granted waivers for Section 190-40 as the
Applicant will place monuments at all right-of-way and property corners. The
Applicant confirmed that the design of the building allows for vehicles to be
serviced without creating “hot spot” runoff and that no surplus of oil, grease,
herbicide, or other contaminants will be stored in the building. Further, the
Applicant confirmed that drip pans will be utilized. It is standard operating
practice for BVA to take used oil to the gas station. McNemar suggested Fritsch
contact the Township Engineer for clarification regarding waivers of the Stormwater Management Ordinance and to work through the
templates provided in the Ordinance. The Board agreed that they would prefer
not to treat the Application like a subdivision but they are cognizant of the
requirement to the work through the provisions of the Township Code. Fritsch
agreed to proceed accordingly but firmly noted his exception to Township
Engineer’s comment that much required information was missing from the
submission. An additional waiver letter and documents for review will be
submitted by the Applicant.
6.
Project Manager Update: Conary reported open issues remain regarding the Lenape Village Shops, including the relocation of the sign
and the mailboxes for the businesses. A certified letter was sent to the
property owner reminding him of his obligation to comply with all Township and
building Codes. Harwood reported that the open pit at the rear of the building
is a hazard leaving the occupants without an emergency access. The Secretary is
directed to ask the Building Inspector to contact the property owner to rectify
the violation.
7. Public Works: Harwood reported that Boot Road Tree Service did
an excellent job dropping the damaged trees around the schoolhouse. Exterior of
schoolhouse is painted but will require a second coat. Installation of trails
on County property is complete except for the crossing of the infiltration beds
which will require amendment to the permit. Harwood is working with Regester Associates to finalize permitting and with Sellers
regarding County easements. Work will begin this week to install siding on the
Park Pavilion. Harwood will begin striping work at Waterglen.
Birmingham
Township
submitted a scope of services for police service that did not include fees. The
Board may meet with the Birmingham Township
Police Chief in order to determine the fees for the services.
8. New Business: The Board reviewed a draft for a request for
proposal for a code officer. The Secretary is asked to revise the draft to make
the language more generic, to check with other municipalities regarding their
processes, and to proceed accordingly.
9. Escrow/Bond Releases: The Board did not agree to release Toll
Escrow Release No. 5 revised for $395,959.00 in connection with improvements at
Riverside because the Supervisor of Buildings
and Grounds for Unionville-Chadds Ford
School District reports
that the work on the walking trail adjacent to Pocopson Elementary is not
complete. The Board will meet on site with representatives from the School District and Toll on September 16, 2008, to
inspect the trail location and the work completed to date.
10. Treasurer’s Warrants: Warrant sheets approved as submitted.
11. Correspondence: Conary reviewed a special event permit request
from West Bradford Fire Company for use of the roads for the Marshalton Triathlon.
Motion: Conary moved to
approve the special event permit for the Marshalton
Triathlon to be held on October 5, 2008 (no rain date) from 7:00 to 18:00 hours
using Route 842 and Bragg Hill
Road; Brutscher seconded; motion carried.
12. Review of Minutes:
Meeting of August 11, 2008.
Motion: Brutscher
moved to approve minutes as corrected; Conary seconded; motion approved
unanimously.
15. Adjournment: At 11:10 p.m., Conary moved to adjourn the
meeting; Brutscher seconded.
___________________________ _____________________________
Susan E. Simone,
Township Secretary Stephen
R. Conary, Chair