Pocopson Township
Chester County, Pennsylvania
 

Minutes of a Regular Meeting of the Pocopson Township Board of Supervisors
7:30 p.m., January 28, 2008

Present: Georgia Brutscher, Steve Conary, H. William Sellers. Also in attendance was Township Solicitor Ross Unruh.

1. Call to order: The meeting was called to order at 7:32 p.m. by Mr. Sellers.

2. Pledge of Allegiance

3. Announcements:

KARPC: Brutscher announced that the Kennett Area Regional Planning Commission (KARPC) met at the Township Building on Tuesday, January 22, 2008. The Commission plans to select a project important to all municipalities in the group that can be completed in 12-18 months.

Bruce Yelton has been appointed to the Scenic Byways Committee; Brutscher will ask him to come to the next BOS meeting and give an update on that Committee.

Sellers and Conary met last week with Castle Valley sewage consultants and Tom Kessler from Toll Brothers to discuss monthly charges for wastewater treatment at Riverside facility. The Township is obligated to begin billing for operation costs.

4. Public Participation:

Lauressa McNemar of the Planning Commission spoke on behalf of the Dwyers, who are moving the former Struble house on their property at 1977 Marlboro Road. McNemar has discussed stormwater management plans with their engineer and with Township Engineer John Fenn.

John Fenn’s opinion is that a basin closer to house would be desirable, but infiltrating into the ground is acceptable. Sellers said that he doubts that this type of infiltration will be sufficient and noted that if this option doesn’t work, the Dwyers will have to go back to the basin system. The Dwyers’ engineer will submit a plan to John Fenn for review.

Ross Unruh commented that all property owners are already obligated to handle stormwater management and that the Township could require individual lots to escrow funds to cover inspection / repair identified in future years, but that would require the Township taking responsibility to enforce them.

McNemar noted that the Dwyers appreciate the Township’s assistance with allowing them to proceed with a foundation.

 5. Red Bridge Farms HOA - Proposed revision to covenant language regarding signs.

In attendance were Heather Rajotte, Frank Patterson, and Ross Toland on behalf of the Red Bridge HOA.They requested permission to modify the Red Bridge covenants regarding For Sale and related signs on individual properties.

Conary and Sellers stated that they had no objections to Red Bridge making the described changes. Brutscher requested that the phrase “and must comply with Pocopson Zoning Ordinance provisions for signs” be added to the end of the last sentence.

Sellers advised the HOA representatives to revise the HOA language per whatever procedures are required in the Red Bridge covenants; record it in a form that the Recorder of Deeds will accept, including notarized signatures; and then return a copy to the Township.

On a separate note, Sellers also noted that the pond in Red Bridge is filling up and that the Township is directing all HOAs to get their retention areas cleaned and restored to good condition.

6. Treasurer’s Warrants: Approved as submitted.

 Motion: Brutscher moved to close the regular meeting at 8:00 p.m. and open the Conditional Use Hearing for 155 Hickory Hill Road. Conary seconded; approved unanimously.

 7. Conditional Use Hearing – 155 Hickory Hill Road, Tax Parcel 63-01-57

In attendance were James Burnett and Christopher R. Della Penna, P.E. A Court Reporter was present to provide a complete transcript of the proceedings.

The existing lot is 14.926 acres, which includes a single family residence and outbuildings. The Burnetts are pursuing an application for a minor subdivision to create a total of three lots. They propose that the existing house and outbuilding be retained on Lot 1, as well as ownership of all proposed restricted open space (a total net area of 10+ acres), rather than creating a Homeowners’ Association (HOA) with shared open space. Under Section 250-24.C(3) of the Township Zoning ordinances, this request requires approval as conditional use.

 The minimum open space requirement is 60%, which is 8.956 acres; the Burnetts are proposing 9.62 acres, plus 1.7 for the current house. Sellers asked why the Burnetts want the area behind the two new lots (north border of property) to be owned by Lot 1. Della Penna said that part of that area is Class 3 woodlands and a buffer, and retaining it allows the Burnetts the option of holding ten acres for inclusion in the 319 program. Sellers recommended that the open space to the north side of Lots 2 and 3 be maintained by those owners because there could be an issue in the future of perceived ownership/maintenance.

 Motion: Brutscher moved to approve the Conditional Use application and include restricted open space in Lot 1, for a total area of 11.461 acres, with one condition: addition of a deed restriction or conservation easement stating that Class 3 woodlands along the north border between the Burnett and Garafalo properties shall not be disturbed except to remove dead or diseased trees (language to be approved by Solicitor). Conary seconded; approved unanimously. Unruh will provide a formal written decision. 

Motion: Brutscher moved to close the Conditional Use Hearing and enter Executive Session at 8:34 p.m. Sellers, Conary and Brutscher discussed the Zoning Hearing Board decision on the Yelton property and set a hearing date for the Benzels Conditional Use hearing in consultation with the Solicitor.

 Motion: Brutscher moved to re-open the regular meeting at 9:07 p.m. Conary seconded; approved unanimously.

 8. Public Works Report

Bill Harwood reported that he met with the insurance agent from H.A. Thomson to review the Public Works and park facilities. The agent directed that rules be posted at the park; Harwood will have the signs fabricated and mounted according to the sample provided.

The backhoe broke down and will need major repairs. Harwood will obtain a trade-in quote for the backhoe, and may also advertise it for sale in as-is condition. Conary said that the money for a new backhoe is in the Major Equipment fund budget and a new one could be bought immediately.

 Harwood said that the Public Works crew has been trimming trees, cleaned out Waterglen creek, and plans to do road striping in the spring.

There was discussion of distributing a letter in six developments about the two PC vacancies; but it was decided to instead call HOA Presidents and ask for recommendations.

 9. Review of Minutes: Meeting of January 14, 2008

Brutscher moved to approve; Sellers seconded; approved unanimously.

 10. Old Business

Chester County Minor Subdivision Lease Agreements; Bill Sellers will call Skip Brion to confirm if tenant is moving out.

11. New Business

 Appointment of Township Secretary:

Motion: Conary moved to appoint Susan Simone as the new Township Secretary, effective February 11, 2008 and at a pay rate consistent with the Township budget. Brutscher seconded. Approved unanimously.

 Amended 2008 Budget:

Conary announced that the 2008 Township Budget has been amended due to changes in the Township’s financial situation since preparation of the original budget.

Motion: Conary moved that the amended 2008 budget be preliminarily approved and advertised by February 1, 2008 to permit 10 day public review. Brutscher seconded, approved unanimously. This item will be on the agenda for the February 11 BOS Meeting.

 Miscellaneous:

Township received a $2,500 proposal from Gannett Fleming to review the roundabout Safety Review submission to assure compliance with PennDot requirements.

Motion: Conary moved to approve the proposal; Brutscher seconded; approved unanimously.
 

Project Management Consultant:

An advertisement was placed in the Daily Local News for a Project Manager per the decision made at the BOS meeting of January 12, 2008. Conary stated that, having reviewed the several responses received, the best submission was from Mr. Sellers. Brutscher had independently reviewed the proposals and agreed that the one from Mr. Sellers was the most complete and demonstrated the most knowledge of processes in Pocopson Township.

 Motion: Brutscher moved to offer the consulting position of Project Planning and Management Consultant to H. William Sellers. This position will include coordination of all trails projects, including the DCNR Planning Grant and the County Trails Construction Grant. Conary seconded; Sellers abstained; motion passed.

Sellers accepted the position and offered his resignation from the Board of Supervisors. Brutscher and Conary accepted the verbal resignation and asked that a letter be submitted. A contract hiring Sellers was signed by Conary as the new Chair.

 12. Correspondence
-         Burnett Minor Subdivision – 90 day extension to 4/29/08
-         East Bradford Township Official Map – Revised. The previous version of the map was reviewed at the January 14, 2008 BOS Meeting. Trail connections between Pocopson and East Bradford should be added. Zeke Hubbard, PRT Committee Chair, will contact East Bradford about this issue.
-     DEP permit application for trail wetland crossing prepared by Robert Flinchbaugh of Regester Associates: signed by Conary and will be transmitted back to Regester.

 Adjournment: Conary moved, Brutscher seconded to adjourn the meeting at 9:53 p.m.

___________________________                           _____________________________

Peggy Lennon, Acting Secretary                                Stephen R. Conary, Chair