Board of Supervisors’ Meeting
7:30 p.m., Monday, May 24, 2004
Sellers opened the meeting at 7:38 p.m.
with the pledge of allegiance. Supervisors Brutscher and Hubbard were in
attendance. Also in attendance was Building Inspector and Zoning Officer,
Bill Harwood.
Announcements:
Brutscher announced she had received a package from SECCRA requesting the
township to adopt a resolution of support that Pocopson Township supports
SECCRA’s waste and recycle programs.
After a brief discussion, Brutscher moved, Hubbard seconded to adopt
Resolution #3 of 2004 that states SECCRA continue to provide municipal
sanitary solid waste disposal capacity for this community. Motion carried
with all in agreement.
Hubbard said he had attended a meeting hosted by DEP on the MS4, Rain and
Drain program.
Sellers said he had attended a meeting at the BVA on septic system
management and requested the secretary to get a copy of their draft
ordinance from East Marlborough.
Brutscher said she had attended a meeting at the KARPC where the updated
traffic study that was done by Pennoni Associates was reviewed and given
to each municipality for review. Brutscher gave a copy of the study to
Hubbard for comment. Brutscher said Kennett Township had informed the
townships that they would be hosting a deer management seminar in the
fall. Sellers said that this should be a region project. Brutscher said
she would attend the forum.
Ross Unruh, Township Solicitor, entered the meeting at 7:54 p.m.
Ordinance Adoption Hearing:
Sellers moved, Hubbard seconded to close the regular meeting at 7:55 p.m.
and open the ordinance hearing. Motion carried.
Sellers said the ordinance changes had been
advertised in the “Daily Local News” on April 26th and May 3rd.
Sellers reviewed the changes to the ordinance for the meeting attendees.
Sellers said that comments have been received from the County Planning
Commission dated May 10, 2004 on the proposed changes and their
recommendation was to adopt the proposed amendment.
Sellers moved, Hubbard seconded to approve the Ordinance #2 of 2004 with
the stated changes omitting from Subdivision and Land Development
Ordinances; section B, 1. & 2. having to do with site distances. Motion
carried. Brutscher opposed.
Brutscher was opposed because she felt that sight distances should remain
the same throughout the ordinances to insure consistency.
Sellers moved, Hubbard seconded to close the
ordinance hearing and reopen the regular meeting at 8:08 p.m. Motion
carried.
Chester County Prison Project: Ross Unruh presented a resolution
for the Board’s consideration. Ted Jacobs, Chester County Prison
Facilities Management, was in attendance. Sellers reviewed the proposed
resolution for the Board members.
With reference to Tax Parcel #63-3-94-2, Sellers said
the two acre lot that is being created in the northeast corner of this
property will require an easement over the existing driveway, an easement
for a road along the southern boundary of the new parcel, and a trail
easement at the northwest portion of the property.
Brutscher moved, Hubbard seconded to accept Resolution #4 of 2004 the
addendum to the intergovernmental cooperation agreement with the changes
as noted. Motion carried with all in agreement. A copy of this
resolution with changes as discussed will be prepared by Ross Unruh’s
office for signatures.
Brutscher moved, Sellers seconded to authorize Township execution of
signatures on the Final Plan for the Chester County Prison Expansion, to
be released for filing upon receipt of all County signatures, appropriate
security, and permits required by Resolution #7 of 2003. Motion carried
with all in agreement.
Sellers moved, Hubbard seconded to approve the execution of the Park Land
and Open Space Declaration of Covenants, Conditions, and Restrictions
pursuant to the Inter-Governmental Agreement. Motion carried with all in
agreement.
BOCA Proposed Ordinance: Brutscher moved, Sellers seconded to
authorize advertisement of an ordinance to opt-in to the state Uniform
Construction Code and related regulations, for action on June 14, 2004.
Motion carried. The Board discussed joining a municipal appellant board.
Brutscher said she would like to bring up this topic at the KARPC to
determine what other municipalities are doing to handle this matter. The
Board agreed.
Open Space Committee: Hubbard said that Derek
Larson from Unionville Troop #22 has approached the OSC with a proposal to
build and install three benches in Pocopson Park. The benches will be
constructed of cedar; sealed, and mounted in the ground with concrete.
One bench is a double bench and two are single benches. Larson discussed
the location of the benches with the Board.
Brutscher moved, Hubbard seconded to authorize $700 from the township’s
Open Space Fund for the purchase of material for the park benches. It was
agreed that Derek Larson work with the OSC to finalize the details of the
construction materials that will be used for the benches. Motion carried
with all agreed.
Extensions:
Brutcher moved, Hubbard seconded to grant at 60 day extension to July
31, 2004 to continue the review of the William Waddington minor
subdivision plan. Motion carried.
Brutscher moved, Hubbard seconded to grant at 60 day extension to July 31,
2004 to continue the review of the Scaleby Subdivision plan. Motion
carried.
Brandywine Conservancy / Trails Grant
Application: Sheila Fleming, Senior Planner, was present to discuss
the Chester County Grant Application – Round 16 for open space and trails.
Fleming said that these grants reimburse the township for up to 50% of the
project. The township is responsible for 10% and the remaining 40% comes
from other agencies. Fleming reviewed the proposed new trails for the
Board which included trails on the new property the township has acquired
from the prison and linkages for existing trails. Fleming said it would
be necessary for the Board to pass a resolution stating that the Board is
going to apply for the grant. The Board reviewed the costs of funding for
this project, and it was agreed there should be a cap placed on
expenditures required to complete the grant application, ie. costs
associated with the Conservancy’s work on the application and John Fenn,
Township Engineer, who will be asked to generate estimates for the new
trail construction. Hubbard reviewed the linkages that are required to
complete the trail system in the township. Fleming said she would come
back to the next meeting for a progress report.
Public Comment:
Ricki and Joe Stumpo were present to discuss the continuing noise
pollution from the Hipkins property. Stumpo said there is constant noise
coming from this property, a growing junkyard on this property, and the
township trail is blocked. Stumpo said she is also concerned about
Hipkin’s applying for a building permit to construct a barn, and asked the
Board if this will allow him to continue his bull dozing and dumping of
soil indefinitely. Stumpo reviewed a time line she had kept of the
dumping, bull dozing, and constant noise incidents that have occurred in
the last four months. Unruh said the township could file a complaint to
take whatever action is allowed by the noise ordinance and authorized by
the law. Hubbard said Hipkins has discussed the possible relocation of
the trail with him. Stumpo pointed out that there are abandoned cars,
trailers, and miscellaneous junk being stored on this property. Lynn
Stevens discussed the trails on this property and said they are blocked.
Harwood said that Hipkins would like the trail relocated on the property
to where the trail can logically cross the stream. Stumpo asked about
building permit issuance and how long Mr. Hipkins would have to construct
his barn or house. Sellers informed her that here is no time limit on
construction of a home and or a barn. Harwood said he will be meeting
with Andy Rau, Township Solicitor, tomorrow to discuss how best to procede
with filing a complaint against Mr. Hipkins for his multiple violations.
Toll Brothers / Sheeder Property:
Chris Shubert, attorney for Toll Brothers, along with several other
representatives were present to discuss the final settlement agreement
between Toll Brothers and the township. There was a lengthy discussion on
the funding of component 1 and component 2 of the sewage facilities
plant. Several other issues were discussed pertaining to the settlement
agreement.
Sellers moved, Hubbard seconded that the attached
settlement agreement is approved subject to a) the final draft containing
language substantially the same as the hand written changes, b)
confirmation that there were no changes about which the Board is unaware;
and c) the required plan is submitted showing the building labeled
“proposed sewer control building.” Motion carried with all in agreement.
Roads / Building Inspection: Harwood discussed the helicopter that
was landed at Brandon Margera’s property on Hickory Hill Road. Harwood
said that Margera has been cited and told the helicopter is not allowed to
land on his property. The state police cited him and informed him the
helicopter would have to be trailered off the property.
Courts at Longwood - Harwood proposed
attaching the guide rail to the stone pillars and installing the guide
rail that was originally proposed in the plan at the Courts at Longwood.
The Board agreed with his suggestion and told him to proceed as discussed.
Harwood said that Pocopson Timberworks has the pavilion for the
park as promised by Mr. Mara and asked Hubbard where the OSC would like it
located. Hubbard said he would stake out the location for the new
pavilion so it can be delivered.
Minutes of May 10, 2004: Sellers moved, Brutscher seconded to
approve the minutes of May 10, 2004 as amended. Motion carried.
Treasurers Warrants: The warrants were approved and signed as
submitted.
Steve Conary was present, and at Seller’s request, agreed to Chair the
committee to study the proposed earned income tax.
Adjournment: The meeting was adjourned at 11:05 p.m.
_______________________
________________________
Karen J. Eckard, Secretary
H. William Sellers, Chairman
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