Board of Supervisors Meeting Minutes

7:30 p.m., February 23, 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: Conary announced progress toward resolution of engineering review fees for Scaleby and Corinne Village. Township must clarify trail redesign issue at Scaleby Farms. Brutscher announced that Kennett Regional Planning Commission met on February 17th. New Garden Township continues to work on the regional police study. Many Townships have taken active role in tightening budgets during these difficult economic times. Meetings scheduled with two architects for proposals for the Barnard House. Brutscher is researching possibility of a contact to assist with a federal grant for the Barnard House project.

4. Public Comment: none.

 

5. Plan Approvals:

a) County of Chester Equipment Storage Building – The Planning Commission referred the Plan to the Board of Supervisors with recommendation for approval with certain conditions. James Fritsch, P.E. was present on behalf of John Dargay, Chester County Facilities Manager (Applicant) to respond to Township Engineer Plan Review Summary dated February 20, 2009. Applicant seeks approval to construct a 60' x 120' equipment storage building on the east side of the County Prison property zoned RA. Fritsch submitted a waiver letter dated January 21, 2009 requesting waiver of 190-12; 190-22.B.(7), -(8), -(9); 190-22.C.(4); 190-23; 190-24; 19-25.B; 190-35; and Section 178-3.B of the Stormwater Management Ordinance.

 

Fritsch reviewed Township Engineer Plan Review Summary Letter as follows:

 

Item #

Comment/Action

1

Recreational facilities not required for nonresidential development or in alternative, previously established trails satisfy the requirement; Board agreed provided County will acquiesce to Township trail easements.

2

Applicant requests multiple Subdivision and Land Development waivers as listed on Regester Letter dated January 21, 2009. Board agreed that due to size of the property (139 acres) and small size of the project a need does not exist to submit ancillary plans per the Ordinances.

3

During discussion regarding setting monuments, Fritsch noted intent of Applicant to set monuments following future survey in regard to Township trail system. Board requested inclusion of a plan note that Applicant will set monuments within six (6) months of issuance of building permit.

4

Fritsch confirmed building use limited to storage of tractors and associated agricultural equipment with no vehicle maintenance performed or stored on site. Board agreed that the plan as presented today is not an environmental “hot spot” but requested the inclusion of a plan note for a “No Maintenance” sign to be posted in the building.

5

Township Solicitor confirms and Board agrees that Note #16 granting Township right to enter the County’s property for purpose of maintaining the stormwater management facilities is an acceptable alternative to a defined drainage easement.

6

Applicant is required to record in the Chester County Office of Recorder of Deeds an Operations and Maintenance Agreement for the Stormwater Management Facilities at the same time as recordation of the Final Plan.

 

Motion: McNemar moved to grant waivers as requested from the Pocopson Township Subdivision and Land Development Ordinance and Stormwater Management Ordinance in accordance with Applicant’s request per Regester Associates Letter dated January 21, 2009; Conary seconded; unanimously approved.

 

Motion: Conary moved that the Board grant final approval of the Final Land Development Plan for the County of Chester dated 11/11/2008 as prepared by Regester Associates, Inc., to construct an equipment storage building contingent upon the following conditions: (1) monuments will be set within six (6) months of issuance of the building permit; (2) installation of appropriate signage indicating no vehicle maintenance; and (3) recordation of the Operation and Maintenance Agreement; McNemar seconded; unanimously approved.

 

b) Burnett Minor Subdivision

Motion: Brutscher moved to approve and sign the Final Land Development Plan for the Burnett Minor Subdivision dated 6/18/2007 last revised 2/3/2009, as prepared by Christopher Della Penna, P.E., and subject to the recordation of the Shared Driveway Agreement and the Grant and Declaration of Conservation Easement; McNemar seconded; unanimously carried.

 

6. Public Works: Harwood requested and the Board approved increasing trash pick up for Public Works to once per week at a rate of $85.00 per month. Harwood is rotating the location for the speed monitoring sign. Harwood is working on improving garage facility by insulating heating units and the fans that open during windy days. Backhoe technician found defect in cylinder so repairs were covered under warranty. Small fire was extinguished at the Park near the tennis courts. A truckload of trash was dumped behind the Barnard House. Harwood reported technicians may have isolated the trouble with Public Works diesel fuel which has required numerous vehicle repairs since fall 2008. Problem is not a fungus but an issue with the aging storage tank and pump Harwood will contact the fuel supplier for cost to replace tank and pump. Harwood submitted a work schedule for the period February 9th to February 23rd. Harwood reported Verizon will be out next week to repair two utility poles. McNemar and Hatfield reminded Harwood the MS-4 permit year ends March 9th so outfalls with flow must be checked. Hatfield suggested an effective means to inspect outfalls is to divide the locations into four quadrants and inspect 25% each year. Focusing inspections in this manner will aid in catching aberrant conditions. McNemar asked Harwood to clarify the signage at the Barnard House which indicates the County transfer land as Pocopson Park. Harwood was also asked to include the Township web address to the Public Works sign on Route 52.

 

7. Planning Commission Report: Planning Commission (PC) referred the following agenda items from their February 18th meeting for Board review:

a) Request for rezoning of parcel adjacent to Brandywine Hardware Store – PC recommends supporting Richard Moore’s request to change 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 occupy one office in the building and lease the other. No retail activity is proposed. Board requests Moore submit a plan demonstrating compliance with Township Ordinances and a cash escrow agreement to cover legal and engineer review fees. Board defers support of the plan until the Applicant demonstrates how he will meet the requirements of the C-1 zoning on this lot.

b) LeFevre Sketch Plan – James E. Fritsch, P.E., Regester Associates, Inc., on behalf of Frederick LeFevre (Applicant), discussed a request to clarify review process for subdivision of property in Pennsbury and Pocopson Townships. Board notes that if building envelope is in Pennsbury, review process will be responsibility of Pennsbury. Hatfield noted that stormwater, grading, and natural resource issues could impact the Pocopson property and should be reviewed by Pocopson. Board discussed possibility of Applicant including a deed restriction limiting disturbance to Pocopson. Hatfield will clarify the extent of stormwater impact. Fritsch will report findings of Pennsbury Township PC which will hear the matter on February 24th.

 

c) Bell Subdivision Extension Request – PC recommends granting extension. Following Board discussion with notation that this is the fourth extension and that the escrow is current, the Board approved the following:

Motion: Brutscher moved that Applicant Bell receive a 30-day extension and if no forward progress is evident at the end of the 30-day period the plan is deemed denied; Conary seconded; unanimously approved.

 

8. Old Business: Hubbard reporting for the Park, Recreation and Trails (PRT) Committee noted the difficulty of closing gaps in trails when Open Space acquisitions do not include trail easements. McNemar clarified naming of trails as part of the overall grant process. She reported that residents recently requested a map of the Township trails. Hubbard should get an estimate from Regester to produce a map. Hubbard reported April 18th is the date for the Township-wide clean up and May 23rd is Stream Team tree planting at Red Bridge. Board agreed that the PRT page on the Township web site should be updated to include the dates. Hubbard reported that fire police fees will not increase for coverage for Founders Day on Sunday, September 20th. Board continues to review PRT Proposed Rules/Regulations, particularly the usage fees and deposit amounts.

 

General Permit 11 – Red Bridge Farms Bridge – Hatfield reported that the permit was returned pending receipt of clearance letter from the Department of Conservation and Natural Resources and Fish and Wildlife Department. He did note that per Fish and Wildlife no activity is permitted at Red Bridge for the period between March 1st and June 1st due to trout season.

 

9. New Business: Hatfield discussed the Overlook Trail Escrow Account noting $30,000 in the contingency fund to construct the footbridge and walking/bike trail. A schematic for the bridge construction is lacking engineering details. Hatfield will provide an authorization for service request for a site walk to complete the engineering. Board agreed that Hatfield should review escrow accounts generally and recommend increases as needed. Secretary reviewed the authorization for services letter from Gary Burcham. Board agreed that the Secretary should contact Burcham to obtain a municipal rate.

 

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

 

11. Correspondence: Board agreed that Township Engineer should contact URS Corporation regarding proposed pipeline relocation work at Route 52 and Lenape-Unionville Road. Secretary is asked to write to URS Corporation confirming request for plans. Board accepted the proposal for exterior lighting for the Township Administration Building contingent upon installation of plain compact fluorescent bulbs. Board approved text for public notice for Riverside meeting on March 3rd. Board may soon be ready to advertise grinder pump ordinance and vacating of Larkin Baily Road.

 

12. Review of Minutes: Motion: Brutscher moved to approve the Minutes of February 9, 2009 as revised; Conary seconded; motion approved unanimously.

 

13. Adjournment: At 10:45 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

 

 

___________________________________            _____________________________

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