Board of Supervisors Meeting Minutes

7:30 p.m., January 26, 2009

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: Brutscher reported on the following announcements from the January 20^th meeting of the Kennett Regional Planning Commission (KRPC): (1) surrounding municipalities pursuing infrastructure funding through the Pennsylvania Smart Transportation grant program; (2) opening remains for a Pocopson Township representative for the Scenic Byway; (3) scope of the Regional Police Study identified as how to set up a regional police force as opposed to a study to identify policing needs – contrary to original representation to participants. For this reason, most KRPC members have opted out. Discussion: municipalities relying on state police coverage may one day face state-imposed fees based on usage/police protection similar to recent fees imposed in New Jersey; no financial commitment to remain in the Regional Police Study; Kennett Square (KS) and New Garden (NG) will continue as there may be financial incentive for their police departments to do so; Board needs to consider response time to Pocopson Township for KS and NG police given the distances from the police stations; Board agreed that given the population growth and demographics for the Township, there is benefit in remaining in the study; additional police coverage for the Township is advantageous as the state police do not offer traffic and zoning coverage. The Board supports Brutscher attending the next Regional Police Study meeting.

4. Public Comment:

(a) Dead trees on County property – Helen Hartman, 620 South Wawaset Road, appeared before the Board regarding loss of landscape screening and five (5) dead trees on the County Detention Center property. Hartman noted a previous agreement that the County would install sufficient number of trees to screen the exterior lighting and the view of the Center which is adjacent to her property. Conary and the Board agreed to contact the County on her behalf regarding the dead trees and a seek a resolution to the privacy issue.

(b) Brandywine Hardware & Farm Center Inc. zoning request – Richard Moore asked the Board for assistance regarding changing the zoning for a residential building located at 2111 Street Road, West Chester. Currently a residential dwelling, Moore desires to change the zoning and use to commercial and offer as office space. He currently plans to occupy one office in the building and lease the other. No retail activity is proposed. Reasons for the change include the recent increase in railroad activity and traffic patterns which render the building inappropriate for rental to a family. The dwelling is serviced by a well and septic system and is estimated to be about 116 years old. McNemar cautioned that if the zoning is changed to commercial use, the new use would be subject to existing ordinances including stormwater management and parking. Conary asked about and Moore confirmed that PennDOT has not provided the particulars for new easements for the 926 Bridge repair. Brutscher noted new easements may potentially reduce the availability for parking. Board could not provide specific criteria to implement zoning change, however, agreed to speak to the Township Solicitor regarding the procedure and referral to the Planning Commission.

5. Burnett Minor Subdivision: James and Patricia Burnett were present to seek final approval for the Burnett Minor Subdivision. Board reviewed recent communications from Township Solicitor and the attorney for the Burnetts. Secretary reported the following items confirmed during a conference call with Township Engineer and Burnetts’ Engineer Chris Della Penna, P.E.: (1) Applicant must submit update to plan dated 6/18/2007 to include January 2009 revisions which include fee in lieu of language to replace Plan Note #19; (2) electronic form of final plan to be sent to Township Engineer and Solicitor for approval prior to running final sets for signature. Board discussed use of the restricted open space owned by Lot 1 for the installation of wells, septic systems or back up areas with conditional use approval. Applicant confirmed the intention to install all primary systems on individual lots and access restricted open space only under special circumstances or hardship and with approvals.

Motion: Brutscher moved to approve the Grant and Declaration of Conservation Easement submitted as of January 26, 2009 to include revisions to Section 9.(E) regarding the validity of the current loan; Conary seconded; unanimously approved.

Motion: Conary moved to approve the Open Space Management Plan Exhibit “B” dated October 20, 2008, to be made part of Plan prepared by Christopher Della Penn, P.E., dated 6/18/2007 being Sheet 3 of 4 labeled Final Construction Improvements, Conservation and Open Space Management Plan dated 6/18/2007 last revised 7/8/2008 and to be included with the final set of plans; Brutscher seconded; unanimously approved.

Motion: Brutscher moved to approve the Grant of Easement for Shared Driveway dated January 26, 2009 to include legal description of the property (Exhibit “A”) and legal description of the shared easement (Exhibit “C”) and a copy of Sheet 1 from the final plan dated 6/18/2007 and to include January 2009 revisions (Exhibit “B”); Conary seconded; unanimously approved.

Motion: Conary moved that the Board grant approval of the Final Plan for the Burnett Minor Subdivision dated 6/18/2007 last revised 7/8/2008 and to be revised as of January 2009, contingent upon the following conditions: (1) submission of final versions of all governing documents to be recorded contemporaneously with the final plan; (2) 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; (3) inclusion of additions to Plan Note #17 that will be recorded contemporaneously with the Final Plan, and upon approval of the Grading, Stormwater Management and Erosion and Sediment Control Plans for either Lot 2 or Lot 3, the Operation and Maintenance Agreement for the Stormwater Management Facilities and Best Management Practices will be executed prior to issuance of the building permit for the Lot; (4) final plan to include all associated granted waivers; McNemar seconded; unanimously carried.

6. Public Works: Harwood distributed list of Public Works projects for February 2009 (weather permitting) as well as list of work completed for the period January 12, 2009 through January 23, 2009. He reported that Pocopson was not included among municipalities sanctioned to pay back liquid fuel funds. He continues to seek bids for the Haines Mill Road bridge repair. He requested and Board approved an extension for submission of Public Works job descriptions. Board and Harwood reviewed the Red Bridge Lane 2008 Bridge Inspection Report submitted by VanDemark & Lynch and agreed that Public Works should acquire the lumber.

(a) Trails – Harwood reported Barnard House trail photographs submitted to Treasurer in accordance with the County trail grant requirements. He is working with PECO to relocate a guide wire. McNemar and Harwood reported compliance with Americans with Disability Act (ADA) requirements regarding the trail. Township Solicitor will provide letter of certification regarding ADA compliance. Equestrian traffic on some trail sections is creating divots. Board asked Harwood to research text for a standard sign for the trailhead addressing restrictions. Harwood should contact Trail Committee for input regarding signage for all trails. Board will include a notice regarding trail restrictions in the next newsletter.

Harwood requested guidance regarding relocation of Osborne Circle trail from the steep slope of the retention basin berm. Trail could be rerouted at about a cost of $200.00. Board agreed to support relocation of trail pending agreement by the Osborne Circle Homeowners Association.

(b) Vehicles – Harwood reported truck that caught fire needs additional maintenance unrelated to the fire. Truck is a 2000 model and maintenance involves throttle/gas pedal. Backhoe needs maintenance repair following work completed to remove headwall on Brooks Road.

(c) Bragg Hill Road turnaround/road closure – Brutscher reported she met with Barney Leonard, Jim Fritsch, and Jim Hatfield regarding installation of the turnaround at the Leonard’s property. Leonard expressed interest in closing Bragg Hill Road and designating a driveway easement for Leonard at the entrance to the BHO development. This should meet PennDOT requirements for adequate turnaround for snow removal and emergency vehicle access. Leonard will get back to the Township regarding his opinion on the plan.

7. Code Enforcement Official: Motion: Conary moved to accept the proposal dated September 18, 2008, submitted by Yerkes Associates, Inc., to provide Code Enforcement services for Pocopson Township; McNemar seconded; unanimously approved. Secretary is directed to contact Yerkes to arrange a meeting with Township personnel and the Building Inspector.

8. Old Business:

(a) Eagle Scout projects – Conary noted the Board continues to discuss assisting scouts in identifying projects for the Eagle Scout ranking. Brutscher suggested the Board appoint an individual to work with troop leaders to coordinate project ideas and assignments.

Motion: Brutscher moved to ask/appoint Gary Summers to coordinate Eagle Scout projects on behalf of the Township; McNemar seconded; unanimously approved.

(b) 926 Bridge Resolution 2009-6 – Board reviewed Resolution. Motion: McNemar moved to adopt Resolution 2009-6 Regarding a Multi-disciplinary Focus on Repairs to the Bridge Over Brandywine Creek Replacement Project; Brutscher seconded; unanimously approved.

9. New Business: Brutscher and McNemar noted the need to finalize the next steps for replacement of trees for the Berlin Subdivision. Secretary is directed to contact Berlin’s Engineer for a tree count. Secretary received a list of delinquent accounts for the Riverside Wastewater Treatment Facility and agreed to contact individual residents as instructed by the Board. Secretary is directed to obtain two (2) additional quotes for installation of exterior lighting for the Administration Building. McNemar asked and the Board agreed that the Secretary contact Gannett-Fleming regarding submission of a grant application on behalf of the Township under the Efficient Growth in Growing Suburbs Program.

10. Treasurer’s Warrants: Warrants approved as submitted.

11. Correspondence: Board reviewed and approved Professional Services Authorizations submitted by VanDemark & Lynch for the Red Bridge Lane Bridge Maintenance in the amount of $6,600.00 and for the Haines Mill Road Bridge Replacement in the amount of $4,000.00.

Zeke Hubbard, Chair, Parks, Recreation & Trails Committee, was in attendance to review letters dated January 14, 2009. Board provided response to each letter submitted as follows:

(a) 80-acre trail designated “Barnard Trail” – Hubbard suggested a designation to keep up with the ongoing history of the area. Township trails have not been named or designated in the past; therefore, no action at this time.

(b) New Parkland Name “Roaring Waters” – Hubbard noted Founders Day Committee’s plan to use dedication of the 80-acre parcel as a theme for 2009. The Board continues to explore options to develop a comprehensive plan for best use of the parcel. Board agrees for now the parcel should remain a natural area with scenic views and opportunity for agricultural uses in accordance with the deed restrictions.

(c) Town Watch Proposal/Contracting Local Police – Hubbard suggested issuing a cell phone number for use by a Town Watch group formed to patrol the trails, parks, and Township facilities. Board agreed that this is a good idea, particularly regarding homeowner associations organizing a group for their communities. Secretary will contact Birmingham Township Police to provide rates for response to vandalism or activity on Township trails and facilities. Notice regarding Town Watch Proposal should be included in the next newsletter.

Hubbard reported that the Trails Feasibility Committee continues to work toward identifying connections for the trail system, including the need for two bridges to cross Pocopson Creek. He also submitted a Pocopson Township Park Permit, Reservation and Application Requirements and Fees form in accordance with Chapter 147 of the Township ordinances. Board will review the draft as submitted. Finally, he requested that the monthly meeting date for the Parks, Recreation, and Trails Committee be changed to the third Thursday. Board agreed and directed the Secretary to advertise legal notice of the change.

12. Review of Minutes: Motion: Brutscher moved to approve the Minutes of December 22, 2008 as revised; Conary seconded; motion approved unanimously. Brutscher moved to approve the Minutes of January 12, 2009 as submitted; McNemar seconded; motion approved unanimously.

13. Adjournment: At 10:40 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

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