Board of Supervisors Meeting Minutes

7:30 p.m., August 11, 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 announced the Supervisors met with senior management of VanDemark and Lynch to discuss the current plan review process and ways to reduce costs without impacting quality. The discussion included providing better upfront estimates of costs for residents/applicants through a pre-application meeting (sketch plan approach). Outcome is to provide informative invoices that eliminate hidden fees. Supervisors also met with Township Solicitor to prepare for a meeting with County personnel to move ahead on transfer of house and land and to discuss issues regarding the roundabout. Supervisors met with County personnel on transfer of house and land and roundabout. Brutscher announced an appointment with Harwood for the monthly inspection of current Public Works Projects, Township facilities, and roadways. Board members will participate in monthly inspections on a rotating schedule. Supervisors Brutscher and McNemar met with the Kennett Area Underground Railroad and completed the Heritage Tour.

4. Public Comment: Tanna Blevins commented that she was sorry that the Township Secretary failed to fully notify the Board of her intention to appear this evening for the purpose of refusing to change the last digit of her house number from 475 to 476 Locust Grove Road. The Office of the County Geographic Information System (GIS) asked the Township to request the change in order to remedy even-odd numbering on the same side of the road. Brutscher acknowledged that emergency personnel are trained to look at house numbers in order to determine the odd- and even-side of a street. Conary noted the results of a telephone survey of local emergency responders conducted by the Secretary indicated that consistent even-odd numbering on the same side of the road is important to them as it saves precious minutes in response time. Blevins noted contradictory results of her survey of the same emergency responders. McNemar sympathized with Blevins but also noted her personal experience in complying with a request to change her house number for the sake of consistency in the County 911 system. Conary agreed that the Township will contact Blevins following a continued assessment of the request.

Danielle Lawrence expressed her disappointment regarding the recent resurfacing of the streets in Brandywine Hills. She also brought to the attention of the Board that a storm drain was damaged adjacent to her property during the resurfacing. She believes the damaged drain poses a safety threat to pedestrians. Conary responded that the Township is facing higher costs to repave and maintain road surfaces. The cost of asphalt has increased dramatically as a result of the price of oil. As such, the Township must balance road maintenance work against budgetary constraints. Brutscher confirmed that she will examine the road surface and storm drain during the Township inspection scheduled with Harwood on August 12, 2008.

5. Committee Updates:

a) Founders Day – Ricki Stumpo reported on a decrease in sponsorship money. The Committee will assign someone to contact sponsors who contributed in 2007 and have not made contributions for 2008. McNemar asked what the Committee was doing to make up for the short fall. Stumpo reported that the Committee cut expenses for 2008 and that they are considering a donation box. She also noted that plans are underway to organize a fundraiser for the event. Danielle Lawrence offered to assist the Committee and suggested that a $5.00 donation be collected as a cover to offset costs. Stumpo requested and the Board approved the assistance of the Public Works Crew to help set up Founders Day facilities in the Park on the Friday before the celebration. Stumpo requested and the Board approved the use of the Township generator for Founders Day. Stumpo presented a contract for rental of a carousel. The vendor will supply a generator and fuel for the carousel. The Board will review the contract. She also asked the Board to facilitate the drafting of volunteers from other Township committees to help with Founders Day. The Board agreed that the Founders Day Committee should launch their own volunteer recruitment program. Stumpo directed Board members to be in attendance at 2:00 p.m.

Conary noted his conversations with residents regarding difficulty in obtaining vendors for the event. Stumpo noted that the venue is difficult for craft vendors but noted Lele Galer's enthusiasm in organizing jewelry and art vendors. Finally, Stumpo reported that a postcard reminder will be prepared and mailed to the residents in the next two weeks. The Board appreciated the report provided this evening and requested for the next update the Committee submits an actual versus anticipated expenses to date.

b) Open Space Advisory – Conary on behalf of the Open Space Advisory Committee asked the Board to consider the Committee’s recommendation to fund preliminary discussions with Brandywine Conservancy for the sale of development rights of the Cresta property. During discussion, Brutscher asked that the Committee consider potential value, advantage, and aesthetics of linking the Cresta property with adjacent property owned by DeNenno and Milner. McNemar agreed the link will create a nice corridor because there may be a limit to the developable area of the Cresta property.

Motion: Brutscher moved that the Board approve the recommendation of the Open Space Advisory Committee to advance review of the Cresta property by funding preliminary discussions with Brandywine Conservancy; McNemar seconded; unanimously carried.

6. Resolution No. 2008-12: Conary noted the Board’s work in creating the Township Personnel Handbook adopted by Resolution No. 2008-11 on July 28, 2008. Minor revisions are required to correct the pay period reference in Section 3 and hours of work in Section 4 – Employee Benefits.

Resolution #12 of 2008: Brutscher moved, McNemar seconded to adopt Resolution #12 of 2008 approving revisions to the Pocopson Township Personnel Handbook; Motion carried unanimously.

7. Regester Associates:

a) The Benzel Family Trust Subdivision – Jim Fritsch, P.E., on behalf of the Benzel Family Trust Subdivision provided an update of completed requirements since the Board meeting of July 14, 2008. DelVal Soil & Environmental Consultants completed and submitted a fracture trace analysis dated July 24, 2008, concluding that no fracture traces were identified in the vicinity of the proposed sewage disposal areas. Additionally, it is unlikely that stormwater management facilities, drainageways, and wetlands at the site would have an impact on the local fractured bedrock groundwater system. Fritsch received confirmation from Po-Mar-Lin Fire Company that the fire department sees no problem with the subdivision plans as submitted. A minimal trimming of tree limbs is suggested to allow for easy access for emergency equipment. Fritsch reported that the Applicant received the letter from the Pennsylvania Fish and Boat Commission but that reference to wetland 1 in the project area directs attention to relocating the dwelling, septic, and well for lot 3. Fritsch is working with Bruce Focht from the County Health Department to test and relocate the septic out of the buffer. Fritsch indicated that edits to the governing documents suggested by the Township Solicitor will be incorporated. Fritsch requested the Board grant final conditional approval based upon the Applicant relocating the septic and final edits to the governing documents.

Motion: Brutscher moved that the Board grant final approval on The Benzel Family Trust Subdivision subject to the following conditions: submission for Board approval the covenants, deed restrictions, and governing documents for the community to be recorded by the Applicant and that the Board receive notice of the testing and relocation of the septic system for lot 3 in accordance with the Chester County Health Department; Conary seconded; unanimously carried.

b) Berlin Lot #2, Corinne Road - Jim Fritsch, P.E., on behalf of Berlin Construction provided a Discussion Plan to the Building Permit Plan for Lot #2, Corrine Road as a follow-up to previous discussions regarding the Applicant having removed a significant number of trees. Robert King of Chadds Ford Tree Service was in attendance to report his detailed findings that substantiate the removal of trees by the Applicant. During discussion, Brutscher noted the loss of so many trees is contrary to the original approved plan. Conary and McNemar acknowledged that trees showing disease or damage may cause a safety issue to the building area, however, a fundamental problem exists when the Applicant increases the building area and in so doing removes over fifty percent (50%) of the trees. The Board expressed disappointment in allowing the Applicant to proceed with development given that what is before them at this time is clearly a violation of the plan approved five years ago. The Applicant offered to replace as many trees as possible based on the building plans for the buyers of lots #1 and #2. The Applicant asked the Board to consider an offer of replacement trees installed in a suitable location in the Township generally. Fritsch noted completion of a review of the Township Maps of the Greenway Corridors and Woodlands in accordance with the Natural Resource Ordinance and that no rare species of trees were found. The Board urged the Applicant to eliminate or redesign the circular driveway for lot #2, including the width and pull-off area, in order to reduce the number of trees marked for removal. The Applicant is requested to submit an alternate plan for development of the lots including an accurate tree calculation.

c) BVA Equipment Storage Garage – Jim Fritsch reported that the plans were submitted to the Township Engineer for review.

8. Public Works Report: none.

9. Project Manager Update: Conary reported that the Board will meet with representatives from Toll Brothers on August 13, 2008 to review open issues regarding the Riverside project.

10. Old Business: Brutscher reported that the Township Solicitor is working to amend certain agreements for the vacating of Bragg Hill Road and Larkin Baily Road.

11. New Business: Secretary reported that the Township Solicitor submitted a preliminary review of the Draft Ordinance for Open Burning and that the Waste Management/Recycling Draft review will follow. Brutscher will work with the Secretary to complete minor revisions to the Draft Ordinance for Signs. Brutscher reported that work continues on the Draft Ordinance for Keeping of Animals.

12. Escrow/Bond Releases: none.

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

14. Correspondence: Conary reviewed the financials requested and received from the Longwood Fire Company. He asked the Secretary to contact the Fire Company Office Manager to identify line items that represent funds for operating costs and capital support, particularly as costs relate to the fair share formula developed by the Kennett Area Regional Planning Commission.

15. Review of Minutes: Meeting of July 28, 2008.

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

15. Adjournment: At 10:25 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

___________________________ _____________________________

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