Board of Supervisors Meeting Minutes

7:30 p.m., June 9, 2008

Present: Stephen R. Conary, Georgia F. Brutscher, Lauressa J. McNemar

1. Call to order: The meeting was called to order at 7:30 p.m. by Conary.

2. Pledge of Allegiance

3. Ordinance Hearing: Motion: Conary moved to close the regular meeting at 7:32 p.m. and open the Ordinance Hearing for the vacation of a portion of Larkin Baily Road. Brutscher seconded; approved unanimously.

Anthony Verwey, Esquire, was in attendance to conduct the hearing on behalf of the Township. A Court Reporter was present to provide a complete transcript of the proceedings.

The Ordinance vacates approximately 2,360 lineal feet of Larkin Baily Road, Township Road T432, beginning at point on Larkin Baily Road approximately 190 feet west from the intersection of Larkin Baily Road and Corinne Road, Township Road T469, and continuing along Larkin Baily Road in a southwesterly direction to a point approximately 1,100 feet from the intersection of Larkin Baily Road with Haines Mill Road, Township Road T440.

Motion: Brutscher moved to approve Ordinance 2 of 2008 for Vacation of a Portion of Larkin Baily Road, Township Road T432; Conary seconded; approved unanimously. Verwey will proceed with recordation of agreements executed by property owners to grant a trail easement over vacated portion of Larkin Baily Road.

Motion: Brutscher moved to close the Ordinance Hearing and re-open the regular meeting at 7:36 p.m. McNemar seconded; approved unanimously.

4. Regester Associates/Township Engineer Review Letter: Jim Fritsch, P.E., Regester Associates and Jeff Berlin of Berlin Construction were present to discuss the review letter from Township Engineer John Fenn dated May 20, 2008 for the construction of a dwelling on Lot 2, Corinne Road. Fritsch noted that the Applicant Berlin received plan approval for a three (3) lot subdivision on November 25, 2002, and the plan was recorded on August 22, 2003. At issue for the Board is Applicant’s compliance with the following items:

a) Township Stormwater Ordinance: In recognition of specimen trees and natural resources on the property, the board requested Applicant to utilize stormwater controls to a degree that meets the current Township Ordinance. Board accepted the Rational Method for calculation of stormwater management. Board requested the Applicant to install seepage tanks in the drywells rather than fill with stone. Board agreed that Applicant must adhere to Township Infiltration Guidelines.

b) Building Coverage Breakdown: Berlin spoke of his efforts generally to utilize green building techniques including the use of porous paving. Discussion ensued regarding allowable building coverage and the percentages submitted by Berlin for Lot 2. Fritsch will clarify the calculations for the allowable building coverage and follow-up with the Board and the Zoning Officer.

Contingent upon a concurrent review process of items a) and b) above, the Board agreed to allow the Building Inspector to proceed with permit review and for Berlin to start construction. Township Engineer will review proposed revisions to stormwater management facilities. Board will revisit issues with Lot 2 during the next regular meeting. The Applicant is reminded that a fee in lieu of open space in the amount of $2,500.00 per lot is due. Additionally, the trail work up to the park must be completed.

5. Announcements: none.

6. Public Comment:

a) Tom Pancoast requested an itemized breakdown of review costs by the Township Engineer for the White Farm development project.

b) Township resident Chris Hahn requested Board comments regarding viability of demolishing dwelling at 17 Cabin Club Lane and constructing a modular home on the foundation. Board suggested that Hahn research the Township Ordinances and be prepared to face potential FEMA challenges due to the location of the dwelling in a floodway.

7. Resolutions: none.

8. Planning Commission Update: none.

9. Project Manager Update: Sellers provided the following updates:

a) Strategy Meeting: funding issues for road improvement projects will be discussed during a Strategy Meeting on June 19, 2008, to be attended by the Board, Township Engineer, legislators Pileggi and Barrar, and representatives from PennDOT.

b) County Trails Construction: construction is underway. Sellers is researching easement for the trail to cross the ditch.

c) Route 52 and Denton Hollow Road: issues remain with the parking lot for the Lenape Shops including relocation of the signage. Harwood requested confirmation from Township records that Toll Brothers provide a replacement supply of the Belgian blocks used to install the curb in the event that repairs are needed. Secretary is directed to retrieve such confirming documents.

d) Trails Feasibility Committee: Sheila Fleming has completed interviews of a core group of relevant trail users in conjunction with the DCNR grant.

e) Route 52 Roundabout and Bridge: Township Engineer has submitted breakdown of cost comparisons from the most recent review. Bridge design is going forward.

f) Riverside Improvements: Sellers reported that an agreement for the third-party users of the sewage treatment facility is required. Board directed Sellers to speak to the Solicitor regarding the agreement as well as particulars for the community daycare and open space.

g) Installation of Trees on County Property: the Board requested that Sellers follow through with the planning of trees on County property behind Lenni Drive.

10. Public Works: Harwood reported that the air conditioning unit for the administrative office was repaired. He reported the tractor still out of commission. Harwood confirmed that trail installation work is progressing and that the pipe crossing is a difficult section to complete. He reported that the County has not repaired the broken window or downspouts on the Barnard House. Public Works team will complete these repairs. Harwood noted that he did not find confirmation of a bid or a contract for installation of the trees behind Lenni Drive on the County web site. The Board directed Sellers to follow-up with County personnel on this. As a follow-up to the May 27, 2008 Board meeting, he confirmed that Aqua Pennsylvania installed two (2) fire hydrants on Route 52. He reported that the Public Works team mowed the grass at 1742 Lenni Drive in response to resident complaints. Board recognized that a grass height limit amendment to the Code is in order. Conary noted that the Board will be reviewing the Code to address services and fees and enforcement of issues such as grass cutting. Harwood reported on the bid results submitted by the Municipal Cooperative of Southern Chester County noting Asphalt Industries as the low bid for E-3M surface treatment and pre-coat with steel wheel rollers. Harwood installed cautionary usage sign in the Park at the site of the curvy sliding board. Work continues on priming and prepping the barn board siding for the Pavilion. Harwood reported that the cost to retain the service of a Birmingham Township Police Officer to monitor speeding is $55.00 per hour. The Board directed Harwood to obtain a scope of services from the Birmingham Township Police Department for review by the Board. Finally, Harwood requested and the Board approved the hiring of a part-time employee to assist the Public Works team as needed on such tasks as mowing, trail installation, paving, work on the schoolhouse, and any other tasks as may be assigned by Harwood.

Motion: Brutscher moved to accept the bid of Asphalt Industries as detailed in the bid result report submitted by the Municipal Cooperative of Southern Chester County; McNemar seconded; approved unanimously.

Motion: McNemar moved to send a statement in the amount of $50.00 for grass cutting to property owner of 1742 Lenni Drive; Brutscher seconded; approved unanimously.

11. Old Business: none.

12. New Business: none.

13. Escrow / Bond Releases: none.

14. Treasurer’s Warrants: Warrant sheets approved as submitted.

15. Correspondence: Board reviewed correspondence as submitted.

16. Review of Minutes: Meeting of May 27, 2008.

Motion: Conary moved to approve minutes as corrected; McNemar seconded; motion approved unanimously.

17. Adjournment: At 10:00 P.M., Conary moved to adjourn the meeting; McNemar seconded.

___________________________ _____________________________

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