Board of Supervisors Meeting Minutes

7:30 p.m., June 23, 2008

Present: Stephen R. Conary and Georgia F. Brutscher. Absent: 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, Brutscher, and Sellers attended a strategy meeting on June 19 with State Senator Pileggi, a representative from State Representative Barrar’s office, and several PennDOT officials to discuss funding issues for road improvement projects.

Brutscher reported that the Kennett Regional Planning Commission met in June. The Historic Commissions met on June 19 and included a representative from each municipality. The group shared zoning information for historic districts and possible grant applications for regional projects. The KRCP is interested in a house tour and will meet again in September. Discussion continues regarding the formation of a regional police force.

4. Public Comment: none.

5. Founders Day: Sandy Retzlaff, Co-Chair, reported that three (3) barns will be available for the barn tour. Children’s activities and possibly a carousel will be available. Two musical groups are scheduled to perform with an option for a third group. Sponsorship money is coming in slowly. Committee members plan to make phone calls to touch base with sponsors who have not yet committed. She noted that the Committee has not purchased rain insurance but will consider doing so to cover costs. BVA, SPCA, and the West Chester Library will participate. Brutscher suggested the Committee contact the Elementary School and encourage their participation as a welcoming fall activity.

6. BVA Sketch Plan: James Fritsch, P.E., Regester Associates, Inc., and James Jordan and Robert Struble, Brandywine Valley Association (BVA), were present to discuss a sketch plan for the construction of a 40' X 80' storage building for equipment used by BVA for routine property maintenance. Fritsch presented a composite plan showing the location of the building on the property which is comprised of four (4) tax parcels. Building proposed for parcel 63-3-8. Jordan provided a brief background of the history of the BVA and its current education and advocacy programs.

On behalf of the Applicant, Fritsch intended to seek waivers for Sections 190-12 Requiring a Preliminary Plan Submission and 190-14 Requiring a Final Plan Submission. The reason for the request was based on the small scope of the construction project and Applicant’s belief that it could be handled at the building permit stage. However, earlier in the day, it was brought to the attention of the Applicant that a recent ruling by the Pennsylvania Supreme Court in the matter of Luke v. Cataldi, Board approval for the construction of the storage building at the building permit stage might be considered a procedural defect. In essence, the permit could face future challenges for procedural reasons. Conary offered and Brutscher agreed to speak to the Township Solicitor to determine if the Board is precluded from approving the Applicant’s request for the waivers. The Board believes the Applicant’s request is free of impervious coverage problems and represents and aesthetically appealing addition to the BVA property.

7. Minor Subdivisions:

a) Burnett – James F. Burnett requested a 90-day extension for the review process for the Burnett subdivision. The Board approved the extension with an expiration date of October 27, 2008.

Motion: Brutscher moved that the Board approve the 90-day extension; seconded by Conary; motion was approved unanimously.

b) Benzel — James Fritsch, P.E., Regester Associates on behalf of the Benzel Family Trust Subdivision discussed the Township Engineer Review Letter dated February 20, 2008 and the follow-up response notes dated June 5, 2008. Additional parties in attendance included members of the Benzel Family. Fritsch reported that the Applicant attended the Pocopson Township Park, Trail, and Recreation Committee meeting on March 11, 2008 and that conditional use approval was granted on April 28, 2008 following a hearing on March 31, 2008. Fritsch noted that no other planning issues remain other than outside agency letters and legal documents that currently represent works in progress.

Fritsch noted the purpose this evening is to respond to Township Engineer Review Letter dated June 5, 2008 and to ask for final approval. Following is discussion and Board response to Engineer Review Letter of June 5, 2008:

Engineer Review Comments 1,2,3, and 4 addressed to satisfaction of Engineer and Board: proposed Cluster 1 Option layout, allow inclusion of restricted open space in lots of less than ten (10) acres net, allow lot widths greater than 125 feet, and insertion of Note 37 on the Plan to include terms of the Brandywine Conservancy Easements. Fritsch read aloud plan note #37 from plan dated 10/16/2007 and last revised 5/19/2008 which specifies that all deeds of conveyance will reference the two Easements and Declaration of Restrictive Covenants.

Engineer Review Comment 5 to be addressed: Applicant believes criteria met for 250-98.A.(2) and SLDO Section 190-43 based on size and number of lots; Board will consider determining an appropriate contribution to the Open Space Fund.

Engineer Review Comments 6,7,8,9 and 18 documentation to be submitted: Counsel for Applicant to submit Open Space Management Plan, Easements and Declaration of Covenants and Easements. Supplementary information required by Section 190-22 C to be submitted. Applicant also awaits response from Longwood Fire Company.

Engineer Review Comment 10: Chester County Geographic Information System data used by Applicant on the entire topography. As such, Board agrees to waiver of Section 190-23.E(1)(a) requiring contour lines at two-foot intervals. GIS data with two-foot contours to be submitted at time of building permit.

Engineer Review Comment 11: Applicant seeks waiver of 190-E(2)(c) requiring fracture trace analysis. Brutscher and Conary agreed that given the size of the lots the analysis should not be an issue. However, Board will research request prior to rendering a decision.

Engineer Review Comments 12,13,14,15: Applicant has revised plan notes as requested by Township Engineer. Applicant will comply with request for site benchmark. Applicant awaits final letters of certification from DCNR in order to clarify septic and water supply system issues.

Engineer Review Comment 16: Applicant is concerned with the effect of meeting the right-of-way requirement of 25 feet from the centerline of Bragg Hill Road. Board will research request for waiver of Section 190-29.A(3).

Engineer Review Comment 17: No objection to waiver of 190-27.B given the distinctive shape of the parcel. Board agrees to the waiver.

Engineer Review Comment 19: Board agrees future driveway locations to be shown at time of building permit application. However, Applicant is awaiting letter from PA Fish and Boat Commission confirming location for improvements on Lot 3.

Engineer Review Comment 20: Board grants waiver of Section 190-31.A and ZO Section 250-17.D(2)(a) as open space is privately owned.

Engineer Review Comments 21: Board grants waiver of Section 190-35 provided that plan includes a note to indicate that landscaping will be required at the building permit stage.

Engineer Review Comments 22 and 23: Site benchmark and waivers as previously discussed.

Brutscher asked the Applicant to remind any potential future landowners that agreements and an ordinance hearing are pending on the closure of Bragg Hill Road. Final approval is pending completion of the above items.

8. Resolutions:

Resolution #8 of 2008: Brutscher moved, Conary seconded to approve Resolution #8 of 2008 pursuant to the Second Class Township Code terminating the services of the Code Enforcement Officer as provided in an agreement with Keystone Municipal Services and appointing William Harwood to serve as Acting Code Enforcement Officer; Motion carried unanimously.

Resolution #9 of 2008: Brutscher moved, Conary seconded to approve Resolution #9 of 2008 pursuant to the Municipal Pension Plan Funding Standard and Recovery Act (Act 205 of 1984) to appoint the Township Treasurer to serve as the Chief Administrative Officer of the Pocopson Township Non-Uniformed Pension Plan; Motion carried unanimously.

9. Public Works: Harwood reported that he is reviewing building permit applications with the Building Inspector for the purpose of addressing any zoning issues. With the Building Inspector, he is researching status of a dwelling on Northbrook Road to determine compliance with Township Code. He received a request for an in-home business application to establish a nail salon. Harwood reported that trail installation on the County property will be completed by the end of the month and the project is under budget. The schoolhouse windows have been painted and work will begin to paint the outside stucco. Work continues on the Park pavilion. Pet waste bag dispensers and waste receptacles will be installed along the trails for walkers to use clean up pet waste. Harwood is following up regarding the relocation of mailboxes for Lenape Shops. Harwood reported that forty (40) gallons of diesel fuel stolen from a public works vehicle.

Regarding County property, Harwood reported that residents continue to contact the Township regarding the status of the planting of trees behind Lenni Drive. The County fixed the downspouts on the house on the County Transfer Land and trimmed the shrubbery. Harwood is concerned that large trees near the house show signs of rotting and decay and should be removed by the County.

10. Project Manager Update: Sellers was not in attendance.

11. Old Business: Retzlaff provided Certificates of Compliance issued by the International Play Equipment Manufacturers Association (IPEMA) certifying that the play structures installed at Pocopson Park conform to industry safety standards.

12. New Business: none.

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

14. Correspondence: none.

15. Review of Minutes: Meeting of June 9, 2008.

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

16. Adjournment: At 9:30 p.m., Brutscher moved to adjourn the meeting; Conary seconded.

___________________________ _____________________________

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