Board of Supervisors Meeting Minutes

7:30 p.m., July 14, 2008

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 reported that the Supervisors met with the Public Works employees individually and as a group to discuss work practices and to answer questions. The Supervisors met with representatives from Red Bridge Farms HOA on June 26, 2008 to discuss the Township’s position on responsibility for maintenance and repair of a stormwater management facility. Supervisors await response from Red Bridge Farms HOA. Brutscher reported that the Kennett Regional Planning Commission (KARP) has submitted data for the regional police study.

4. Public Comment: Anita M. O’Connor, Executive Director, Kennett Area Senior Center, presented a brief background on the programs offered by the Senior Center. In light of the changing environment surrounding funding for senior centers generally, she requested that the Board consider a donation or grant for the next fiscal year. Brutscher suggested that O’Connor contact KARP and ask to be included on their agenda for the September meeting in order to present a similar request in a regional forum.

James Mareno identified what he perceives to be infrastructure issues on Locust Grove Road that cause erosion during bad storms and the accumulation of gravel and dirt at his driveway located at the base of a hill. Mitigation efforts undertaken by Mareno personally have not alleviated the erosion problem. McNemar and Harwood agreed to meet with Mareno on site to inspect the problem.

Tanna Blevins commented that she was notified by the Township to change her house number from 475 to 476 Locust Grove Road due to the assignment of 475 as the address for Pocopson Park. Additionally, the Office of the County Geographic Information System (GIS) requested the change in order to remedy even-odd numbering on the same side of the road. The Board agreed to request that GIS change the number for Pocopson Park. The Board agreed to consider a reversal of the request to change the Blevins’s house number to 476 pending confirmation that doing so does not compromise public safety. Blevins also asked the Board to amend the assessment on her property as the mobile home was removed some time ago. Board directed Blevins to contact the County Assessment Office as the proper authority to process changes to property assessment.

Douglas Fearn requested a slight modification to the Agreement and Exhibits he received for the Vacation of a Portion of Bragg Hill Road. Fearn suggested that the Township Solicitor prepare an addendum that clearly defines the width of the easement for the walking trail. At the same time, Charlie Benzel noted that the tax parcels are incorrect on Agreements and Exhibits received by the Benzel Family Trust and the Gawthrops in conjunction with the road closure. Brutscher acknowledged the need to amend the documents particularly for landowners immediately adjacent to the trail. Brutscher will contact the Township Solicitor regarding the corrections to the Agreements. Fearn asked that the Board consider designating an East/West naming for Bragg Hill Road following the official closure of the road.

Tom Pancoast commented that he received a breakdown of the Township Engineer review fees. Pancoast appreciated receiving the breakdown but he cannot reconcile the number of site visits by the Engineer’s field staff. He requested that the Board require the Township Engineer field staff to sign in on the job site.

5. Benzel Subdivision: Jim Fritsch, P.E., Regester Associates on behalf of the Benzel Family Trust Subdivision provided an update of completed requirements since the Board meeting of June 23, 2008. Plan Note #38 will be added to include landscape plan to be submitted with building permit plan. Fritsch indicated that governing documents were submitted to Township Solicitor for review. He reported he is awaiting response from PoMarLin Fire Company as previous submission to Longwood Fire Company was incorrect. Fritsch asked the Board to consider previous request to waive fracture trace analysis given the conclusion of DelVal Soil & Environmental Consultants in their finding that no fracture traces were identified in the adjacent Lot #5 of White Farm. McNemar remarked that the requirement is a protection for the developer as well as any future landowner. Board will not waive the requirement and the Applicant was directed to proceed with fracture trace analysis. Fritsch reported Applicant awaits letter from PA Fish and Boat Commission confirming location for improvements on Lot 3. Fritsch noted and Board agreed that a bike trail along Route 842 is not feasible due to the wetlands. Board will consider determining an appropriate contribution to the Open Space Fund.

6. Permit Plans:

a) Classic Custom Homes Lot #6 – Jim Fritsch, P.E., Regester Associates on behalf of Classic Custom Builders presented a Building Permit Plan for Lot #6, Patrick Henry Circle, Tax Parcel 63-4-109.71. The Plan was revised in accordance with Township Engineer Review Letter dated June 30, 2008 and subsequently reviewed July 11, 2008. Fritsch reported that the Applicant was granted a Septic Permit by the Chester County Health Department. The Applicant seeks a waiver from Section 190-36.B.(7) requiring a septic tank, tile field or other effluent disseminating system to be located twenty (20) feet from a property line. During discussion, the Board noted that the current Plan does not show a suitable septic back-up area. Fritsch remarked that the original plan approved in 1997 did not require designation of a back-up area. Board voiced concern that lack of back-up area is a detriment to the landowner; at the very least Applicant should include an approved replacement area. Conary suggested that a hatched area on the Plan might serve to mark the location in order to avoid installation of an improvement such as a swimming pool. Brutscher agreed that modification to the Plan will provide guidance should the landowner apply for future permits.

Applicant submitted signed Stormwater Best Management Practices Operations and Maintenance Agreement (Exhibit C) and included Note #18 on the Plan specifying best management practices and maintenance responsibility by the lot owner. Board requests the Applicant to include addendum to an agreement setting forth provisions for stormwater management maintenance plan based on type of stormwater technology. Applicant should seek guidance from Township Engineer as to requirements of Section 5.3 of the Stormwater Management Ordinance.

Motion: Brutscher moved that the Board grant a waiver to Section 190-36.(B).7 thereby accepting installation of a septic system within ten feet (10') of a property line; Applicant is required to designate a restricted area of the lot as septic back-up area; seconded by McNemar; motion approved unanimously.

b) Berlin Lot #2, Corinne Road - Jim Fritsch, P.E., Regester Associates on behalf of Berlin Construction provided an update regarding the Applicant’s installation of drywells and seepage tanks in compliance with the Township Stormwater Management Ordinance. Board addressed Applicant’s removal of a great number of specimen trees. McNemar instructed the Applicant to review the Township’s Natural Resources Ordinance. Conary noted that current driveway configuration on the permit plan removes more trees. Brutscher remarked that the loss of so many trees is contrary to the original approved plan. Board asks Applicant to submit a transparency overlay to show location of trees on approved plan and comparative view of proposed replacement trees. Board directed Applicant to coordinate trail installation with Harwood in order to avoid removal of trees.

7. Project Manager Update: McNemar reported that Jim Fritsch will meet with PennDOT representatives on July 16, 2008, to review a draft of a Highway Occupancy Permit (HOP) to allow trails installed on the County property to cross state roads. The HOP will be submitted to the Township Solicitor for final review before it is executed by all parties.

8. Resolutions: Resolution #10 of 2008: Brutscher moved, Conary seconded to approve Resolution #10 of 2008 pursuant to the Second Class Township Code rescinding previous Resolution of February 12, 2007 for application for permit to install and operate traffic signals on Pocopson Road (SR3023) and Lenape Road (SR0052); Motion carried unanimously.

9. Public Works: Harwood reported that a rotted tree adjacent to the schoolhouse may be a hazard to the structure. The Board agreed that Harwood should get an estimate to drop the tree and agreed that Public Works Team would finish the task of removal. Harwood is monitoring homeowner response to recent paving work in Brandywine Hills. Work continues on the installation of the trails on the County property. Harwood will be meeting with the railroad rep regarding replacement of a retaining wall on Creek Road. McNemar asked Harwood to get a written proposal from Birmingham Township Police for scope of services to be reviewed by the Board. Harwood reported diesel fuel was stolen from a public works vehicle. Board requested Harwood consider locking gas caps. Harwood replied that vehicles will be secured in the garage which was previously used to prep and store siding for the pavilion. Board asked Harwood for suggestions regarding PECO request to register for text messaging outage information. Conary provided Harwood a draft copy of the Personnel Manual for the purpose of review and comment. Harwood requested and Board approved purchase of plastic toppers for trash barrels to keep vermin out of the trash. The Board approved the purchase of pet waste dispensers for Pocopson Park in accordance with MS-4 directive. Harwood is coordinating relocation of the mailboxes on Lenape Road (Route 52) in conjunction with improvements to the Denton Hollow Road intersection. Residential mailboxes and a cluster mailbox to serve the businesses located in the Shops at Lenape should be completed July 17, 2008. The owner of the The Shops at Lenape is responsible for relocating the mailboxes and the signage. Board asked Harwood to complete coordination for moving mailboxes and signage by the end of the month.

10. New Business: Following discussion, Board agreed to change to Plan C of the PSATS Trustees Insurance Fund Group Insurance Program for medical benefits for eligible Township employees.

Motion: Conary moved to change the medical benefits package to Plan C effective August 1, 2008; McNemar seconded; unanimously carried.

11. Correspondence: Conary noted recent solicitation letter from Brandywine Conservancy regarding their availability to assist municipalities with homeowner association-owned open space resources. Board agreed to support the position of East Brunswick Township, Schuylkill County, in their efforts to enact an Ordinance to regulate sludge trafficking.

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

13. Review of Minutes: Meeting of June 23, 2008.

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

14. Adjournment: At 11:00 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

___________________________ _____________________________

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