Board of Supervisors Meeting Minutes

7:30 p.m., July 27, 2009

Present: Stephen R. Conary, Georgia F. Brutscher, and 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: The second of two Stormwater Management Information Sessions presented by James W. Hatfield, P.E., Township Engineer, was held at Simon Pearce on the Brandywine on July 23^rd with 25 attendees that included residents and homeowner association representatives. On July 24^th the Pennsylvania Department of Environmental Protection approved two spray fields for the Riverside Wastewater Treatment Facility with the condition of posting alert signage when spraying. Brutscher reported Kennett Area Regional Planning Commission (KARPC) meets in September. KARPC discussion topics include a healthcare program for the region and discussions with Bayard Taylor Memorial Library. McNemar announced American Recovery and Reinvestment Act (ARRA) Grant application nearly complete for energy saving components for the adaptive reuse of the Barnard House as Township Offices, the historic schoolhouse, and museum space for the Kennett Underground Railroad Center.

4. Public Comment: none.

5. Berlin Subdivision, Corinne Road, Lot 1 63-3-89.1 and Lot 3 63-3-89.1B: Jeff Berlin, Berlin Construction Company, Inc. and Gerald F. McCormick, Esquire, appeared before the Board to discuss Board of Supervisors letter dated July 17, 2009 regarding compliance of lots #1 and #3 with the Township Code. Final approval for the Berlin Subdivision was granted on November 25, 2002 and the first building permit was issued April 30, 2008. Since more than five years passed between subdivision approval and the start of construction, Applicant is required to comply with any zoning, subdivision or other governing ordinances. The requirement is stated in Section 508(4)(iv) of the Pennsylvania Municipalities Planning Code. Board noted that the following Sections with changes apply: 178 Stormwater Management; 250-98 Open Space Standards; and 250-87 Conservation of Natural Features which represents the most significant change as it applies to disturbance of Class I and Class II Woodlands.

Discussion: Applicant challenged the installation of trees adjacent to sections of shared driveway. Board noted remedial action required for Lot 2 regarding tree replacement included placing some of the required replacement trees along the shared driveway to protect the woodlands. Applicant cited discussions during on-site tree survey completed in 2008 wherein a number of trees were marked for removal as potentially dangerous or undesirable. Board agreed that the purpose of that meeting was to identify dead or damaged trees for removal. Applicant was told that he must comply with the standards of Section 250-87 and that the Board was willing to release building permits for Lots 2 and 1 in 2008 contingent upon a concurrent review of the building permit plans for compliance with Township Code. Board noted that calculations for tree replacement for the subdivision were submitted for review by Regester Associates on behalf of Berlin during various stages of construction. During this review period, tree replacement calculations were identified for Lot 2 and subsequently submitted to Township consultants for review.

Action Item: In accordance with 250-87, Lot 1 Landowner is required to submit a tree replacement plan for review by the Township Landscape Architect.

Board reviewed and endorsed the Stormwater Best Management Practices Operation and Maintenance Agreement for Lots 1 and 3 prepared by Regester Associates, Inc. Secretary reported that Regester Associates directed the Township to return originals to Berlin Construction Company for recordation at the Chester County Office of the Recorder of Deeds.

6. Public Works (PW) Report: Don Lane reported the following on behalf of Public Works Department: (a) Tar and chipping completed for Brandywine Hills and a section of Waterglen; (b) Haines Mill Road Bridge repairs scheduled for August pending submission of Certificate of Insurance; (c) inspection completed on 50 stormwater outfalls; (d) PW continues to solicit proposals for tree trimming; (e) work at Red Bridge Farms completed but should be monitored following heavy rainfall; letter can be drafted regarding completion of erosion repair on Nathan Hale Drive; (f) twenty rèsumès received to date for Public Works Crew position; Board requests Lane to do an initial review of rèsumès with Secretary.

7. Appointment of Delegate and Alternate Delegates for Act 32, Countywide Earned Income Tax: Board reviewed Resolution 2009-13 Act 32 Tax Collection Committee Delegate Appointments. Delegates will serve on the County Tax Collection Committee (TCC) in accordance with July 2, 2008 amendment to the Local Tax Enabling Act.

Motion: Brutscher moved to adopt Resolution 2009-13 appointing the following individuals as TCC Delegates effective immediately and to continue until successors are appointed: Bruce Yelton, Primary Delegate; Harold V. Hoffman Jr., First Alternate Delegate; Margaret Lennon, Second Alternate Delegate; McNemar seconded; motion approved unanimously.

8. Proposals for Owner/Operator for Riverside at Chadds Ford: Board reviewed Castle Valley Consultants, Inc. (CVC) proposal reviews for the acquisition of the Riverside Wastewater Treatment Facility (WWTF). Based on CVC recommendation, Board agreed to continue discussions with Delaware County Regional Water Quality Control Authority (DELCORA) regarding their proposal to purchase the Riverside WWTF pending confirmation from the Township Solicitor that there are no legal impediments to DELCORA operating in Pocopson Township.

9. Landscaping Escrow Release #4 – Taylors Run at Red Bridge: Board tabled decision on Escrow Release #4 dated July 13, 2009 as reviewed and submitted by James W. Hatfield, P.E., Township Engineer pending confirmation of Township’s receipt of all recorded governing documents for the final subdivision.

10. New Business: Board acknowledged receipt of Planning Commission July 15, 2009 Meeting Report. Board acknowledged receipt of letter of interest from Christopher Sperber regarding the Planning Commission vacancy.

11. Old Business: none.

12. Treasurers Warrants: Conary moved, Brutscher seconded, to approve the Bill Payment Lists for July 14 – July 27, 2009 recommended for payment by the Treasurer. General Fund:

17 Bills due for payment totaling $25,522.43; 4 Debit Card purchases totaling $150.98; 1 Loan payment (park loan) totaling $371.10. Open Space Acquisition: 2 Loan payments totaling $3,720.59. Open Space Loan: 3 Bills due for payment totaling $5,710.40. Parks, Recreation & Trails: 1 Bill due for payment totaling $32.06. Highway Aid: 2 Bills due for payment totaling $21,654.61. Board reviewed the Financial Report.

Motion: Brutscher moved, McNemar seconded, to accept the June 2009 Financial Report prepared by the Township Treasurer; motion approved unanimously.

13. Correspondence: Open Space Advisory Committee (OSAC) recommends and Board agrees with minor revisions to the Open Space Protection Priorities Plan (Plan) as set forth in the OSAC letter dated July 20, 2009. OSAC also requested and Board agreed to consider adoption of a resolution clarifying the role Township Planning Commission in recommending amendments to the Plan. Board will review potential land preservation projects submitted by OSAC. Board reviewed draft letter of intent regarding lease proposal for Kennett Underground Railroad Center (KURC) in the Eusebius Barnard House. A copy of the draft will be submitted to KURC Board. Request received from West Bradford Fire Company to endorse documents related to the running of the Marshalton Triathlon on October 4, 2009.

Motion: Brutscher moved to approve and endorse the Hold Harmless and Indemnification Agreement and the Special Event Application for the Marshalton Triathlon as submitted and endorsed by West Bradford Fire Company; Conary seconded; motion unanimously approved.

14. Approval of Minutes of June 22, 2009 and July 13, 2009: Motion: Brutscher moved, Conary seconded, to approve the Minutes of June 22, 2009 as submitted. Conary moved, McNemar seconded, to approve the Minutes of July 13, 2009 as revised.

15. Adjournment: At 9:30 p.m., McNemar moved, Brutscher seconded, to adjourn the meeting.

___________________________________ _____________________________

Susan E. Simone, Administrative Secretary Georgia F. Brutscher, Vice Chair