Board of Supervisors Meeting Minutes

7:30 p.m., September 8, 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 upcoming meetings as follows: (a) September 11^th at 1:00 p.m., with State Representative Stephen Barrar to discuss the Route 926 Bridge closure; (b) September 16^th the Board will meet representatives from Toll Brothers and the Pocopson Elementary School to discussion the trail adjacent to Riverside. Conary reported that the Supervisors met with Castle Valley Consultants on August 26^th for an update on the Riverside Wastewater Treatment System. McNemar reported that she is reviewing engineering data in an effort to resolve the bridge issue that necessitated the closure of Haines Mill Road. She announced that Planning Commission Chair Gary Summers responded to her request for volunteers for the Founders Day donut eating contest. McNemar will attend the Park, Recreation, and Trails meeting on September 17^th. Brutscher did not have an announcement for the meeting.

4. Regester Associates — Berlin Lot #2, Corinne Road: Jim Fritsch, P.E., Regester Associates on behalf of Berlin Construction, joined by Jeff Berlin, Gerald McCormick, Esquire, and Donna and Charles Maston, the purchasers of Lot 2. Fritsch provided an update to the Discussion Plan to the Building Permit Plan Lot 2-Corinne Road dated March 27, 2008 and last revised September 8, 2008. The revised site layout reflects 46" worth of trees saved on Lot 2. Discussion ensued regarding the provisions of the Township’s resource protection requirements and in what manner the Applicant should proceed in order to minimize impact and further digression from the Ordinance. Conary stated that given the provisions of the Natural Features Ordinance the subdivision would not have been given approval to be developed the way it is today. Neither the trail nor the house would be allowed. The Resource Protection Tabulation Chart shown on the discussion plan is no longer an issue or point for discussion for Lot 2. The Chart will be relevant for Lot 1 and for Lot 3 discussions when Lot 3 is developed as the heritage trees will be lost. McNemar noted that the Board must address tree replacement value in order to achieve compliance. Logically, consideration will be given to deducting dead or diseased trees in the final calculation. Berlin reported that all trees are tagged and marked. McNemar and Harwood will conduct an on site inspection of the trees on September 10th at 2:00 p.m. Fritsch reported that he spoke to the Township Engineer regarding the revisions and as such asked if the Board will agree to releasing a building permit for Lot 1. The Board hesitates to approve the issuance of a permit for Lot 1 at this time. The Applicant requests clarification as to conformance requirements.

The Township Engineer Review Letter for Lot 1 Building Permit dated August 25, 2008 was reviewed as follows: (1) Township Engineer requests calculations using the adjusted design infiltration rate for the drywells. Fritsch will complete percolation tests on or before September 9, 2008; (2) Fritsch will provide Township Engineer with executed copies of the Operation and Maintenance Agreements and Plans for Lots 1 and 2; (3) Township Engineer requests the Plans be revised to show the extent of protected resources on the site. Fritsch requested direction on why a drainage area plan is required. McCormick requested clarification as to who will enforce provisions of the natural resource area. A general discussion ensued regarding current ordinances that prohibit tree harvesting and therefore limits further destruction of trees on the lots; (4) Fritsch agreed to discuss the revisions asked for to the Drainage Area Plan with the Township Engineer; (5) Fritsch reported that the walking trail is completed; and (6) Fritsch responded that the drywell in the steep slope area was shifted to avoid the trees. The Applicant can relocate the drywell per the Review Letter.

Finally, the Board agreed that the intent of the Township Natural Resource Ordinance was to prevent clear cutting and to preserve woodland. The Board agreed that Fritsch and the Applicant should speak to the Township Engineer for clarification regarding the revisions requested in the August 25, 2008 Review Letter. Fritsch noted the Applicant’s frustration with the building permit review process. The Secretary could not confirm if the Building Inspector completed review of the permit application for Lot 1. Donna Maston read aloud a letter about her family’s dream house to be built on Lot 2 and assured the Board that she and her husband are naturalists and avid birdwatchers who will be nothing short of good stewards of the land.

5. Public Comment:

a) Tom Pancoast requested the Secretary execute a letter of reduction for the White Farm subdivision reflecting escrow releases to date. He also recounted the difficulties he and many contractors have with the synthetic matting system recommended by the Township Engineer to protect grass seed. He would like the Board to make the Township Engineer aware that the mat is easily caught in mowers and it bakes and burns the seed that sprouts.

b) Zeke Hubbard expressed his appreciation for the use of Pocopson Park for the occasion of his daughter’s wedding. In turn, the Board thanked Hubbard for the financial contribution for use of the park.

6. Project Manager Update: Sellers provided a written status report. Following is a brief synopsis of the report:

a) Lenape-Pocopson Road Third-Party Wastewater Users — Sewer easements required for Pocopson Timber Works and Lenape Forge. He continues to work on licensing agreements with Realtek to go under the railroad. Sellers is working on terms for insurance coverage related to workers’ comp and other liability issues. On the issue of grease traps and grinder pumps, the Township may adopt a sewer plans and specification manual as prepared by Castle Valley Consultants or a separate ordinance. A grease trap provision should be included in the Township Code prohibiting under-the-counter installations due to the required monitoring.

b) Denton Hollow and Pocopson Road Projects — Sellers will follow-up with Toll regarding design mistakes attributed to Traffic Planning and Design, Inc. Such follow-up is in accordance with the previous project discussion meeting held in August.

c) DCNR Trails Project — The Trails Feasibility Study Committee met on September 15, 2008 to approve the latest revised plan submitted by Regester Associates and the Brandywine Conservancy. A number of easements must be obtained in order to connect trails from the County property. A public meeting should be scheduled during the October 27, 2008.

d) County Trails Construction Project — Sellers reported that discussion continues to resolve a stream-crossing problem east of Pocopson Home. The Highway Occupancy Permit to cross Wawaset should be approved along with the County trail easement for the County retained parcel. The Township should review the total project funding by end of 2008, prepare a payment request, and ask to extend the balance in funding into 2009. He noted a November deadline for applications for open space and trail funding for 2009. He recommended requesting a carryover of funding in order to complete important links of major segments that need to move ahead. McNemar agreed to research the need for individual easements as acquisition of the easements may or may not necessitate the surveying of the entire wetlands. Harwood added that work on the County trails has stopped due to soil conservation issues. The County Conservation Office should be contacted regarding permitting requirements. Secretary raised the question submitted by Don Thompson to plant the tree screen along Lenni Drive on the County transfer property adjacent to homeowners’ property or on the opposite side of the trail adjacent to the spray field. Harwood suggested that the contour invites planting adjacent to homeowners’ property which in turn will also screen the dust. Secretary is asked to call the homeowners affected in order to get a consensus by mid-week for the planting.

e) Other trail issues — Sellers reported that nearly two (2) years have passed since approval was granted from PA Department of Environmental Protection for a bridge across the Pocopson Creek to serve the Overlook Subdivision.

7. Public Works: Brutscher requested and Harwood agreed to Public Works Team assisting with Founders Day (FD) set up on Friday from 10:00 a.m. to noon. She also asked Harwood to secure the sagging FD advertising banners along the roadways. McNemar volunteered to remove trash at the conclusion of Founders Day. Harwood reported that work on the schoolhouse is complete although the rope bell is not functioning and Public Works will do what they can to repair the cracked glass in the window. Conary reminded everyone in attendance that FD issues should be addressed in advance of the event rather than four days out. Harwood reported that due to permitting issues the trail construction on the County transfer property has stopped fifty feet (50') on either side of the stream. Harwood updated the Board regarding a number of scheduled tasks citing chipping available November 3 through November 6, Creek Road repairs to be completed November 8, and second coat of paint for schoolhouse exterior by November 8. Harwood clarified that chipping is not a Township-wide project and time is limited to approximately five (5) minutes of chipping per property. He also provided an estimate for the stormwater work at Red Bridge Farm as follows: a three (3) person crew for approximately six (6) to seven (7) days. Finally, in his capacity as Acting Zoning Officer, Harwood reported that he continues to investigate the matter of multiple animals housed in the community of Osborne Circle.

8. Old Business: Secretary reported that revised agreements and legal descriptions will be submitted this week for the vacating of Bragg Hill Road. Conary reported that the Township and the Township Engineer received a set of revised final plans for Corinne Village. He reported that the Treasurer continues review and reconcile escrow accounts for all applicants.

9. New Business:

a) Reschedule September 22, 2008 meeting — The Board agreed that the regular, fourth Monday of the month meeting on September 22^nd must be cancelled due to scheduling conflicts. The Secretary will work with McNemar and Brutscher to reschedule and advertise the meeting.

b) Burnett Subdivision — Board discussed the Township Engineer Review Letter dated June 23, 2008, regarding waiver of a fracture trace analysis per Code Section 250-17.B(7). During their March 2008 meeting, the Planning Commission recommended the Board waive the requirement provided that the each of the deeds for Lots 1, 2, and 3 include an easement for installation of replacement septic, sewage facilities, and stormwater management infiltration systems. The Board will review final revisions to the Conservation Easement expected to be submitted this month with particular attention to be paid to manure management.

Motion: Brutscher moved to grant a waiver from the fracture trace analysis requirement per Code Section 250-17.B(7) provided that the deeds for lots 1, 2, and 3 include easements for the installation of replacement septic or sewage facilities and stormwater management infiltration systems to each of the owners of lots 1, 2, and 3; McNemar seconded; unanimously approved.

10. Escrow/Bond Releases: none at this time.

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

12. Correspondence: Zeke Hubbard, Chair, Park, Trails and Recreation Committee, presented a letter to the Board requesting that the Board hire a part-time or contract employee to act as implementation manager to oversee the park facilities at the direction of the Committee. Hubbard also noted that administrative secretarial support is no longer provided for the Committee. The Board acknowledged minimal availability for administrative secretarial support generally due to budgetary constraints. McNemar agreed to attend the next Park, Trails and Recreation Committee meeting in order to get a first-hand assessment of their tasks at hand. Conary reminded Hubbard that the Board would like the Committee to submit a draft fee schedule recommendation for use of park facilities.

13. Review of Minutes: Meeting of August 25, 2008.

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

14. Adjournment: At 10:50 p.m., Conary moved to adjourn the meeting; Brutscher seconded.

___________________________ _____________________________

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