Board of Supervisors Meeting Minutes

7:30 p.m., October 1, 2008

Present: Georgia F. Brutscher, Lauressa J. McNemar, P.E. Absent: Stephen R. Conary,

1. Call to order: The meeting was called to order at 7:30 p.m. by Brutscher.

2. Pledge of Allegiance.

3. Announcements: Brutscher announced that Anita O’Connor from the Kennett Area Senior Center approached all regional municipalities regarding financial support. During the September meeting of the Kennett Area Regional Planning Commission (KARPC) all members pledged support from $1,000 to $2,000.00 for 2009. The KARPC agreed to a one-time donation of $1,000.00. Brutscher noted the valuable service the Senior Center provides to the community as well as the number of residents who use the facility. For these reasons, she recommends that Pocopson Township include a $1,000.00 one-time donation to the Kennett Area Senior Center for fiscal 2009. Brutscher also announced that work on the draft animal ordinance continues as she and Breiseth research the requirements for kennels. No announcement by McNemar.

4. Regester Associates:

a) Brandywine Valley Association (BVA) – James Fritsch, P.E., and James Jordan, BVA (Applicant) were present to follow-up on previous discussions regarding the Applicant’s request to construct a 40' X 80' storage building on parcel 63-3-8 for equipment used by BVA for routine property maintenance. Fritsch addressed requested waivers as outlined in the Township Engineer Review Letter dated September 30, 2008, as follows:

i) Section 190-12 Requiring Preliminary Subdivision Plan. Applicant sought waivers for Section 190-12 and Section190-14 Requiring a Final Plan Submission. Applicant previously withdrew request for waiver of 190-14 noting potential procedural defect if construction of the storage building is approved at building permit stage. Due to the relatively minor scope of the proposed improvement the Board agreed to a waiver of Section 190-12.

Motion: Brutscher moved to grant a waiver for Section 190-12 Requiring Preliminary Subdivision Plan; McNemar seconded; unanimously approved.

ii) Section 190-36.B Individual Sanitary Sewage Disposal. Fritsch explained that the Chester County Health Department (CCHD) reviewed the Applicant’s request to tie the storage building to the existing septic system, and the CCHD did not object to the request. Further, the CCHD agrees that the paperwork for the connection can be handled through filing a “repair permit.”

Motion: McNemar moved to grant a waiver for Section 190-36.B Individual Sanitary Sewage Disposal Requirement; further, Applicant shall at the time of the application for the building permit submit a copy of the sewage permit and documentation verifying approval by the Chester County Health Department to connect the storage building to the existing septic system through the filing and processing of a “repair permit”; Brutscher seconded; unanimously approved.

iii) Section 190-40 Monuments. Applicant requests a waiver from the requirement to install concrete monuments at all perimeter corners of the tract. Fritsch provided an explanation noting the changes in road contour when PennDOT modified the intersection of Red Lion Road and Route 842. As a result of the modified road location, the cost to complete monumentation would be about $1,400.00. The Board agreed that installation of concrete monuments at property corners as shown on the plan but not all corners of the tract would be acceptable.

Motion: Brutscher moved to grant a partial waiver for Section 190-40 provided the Applicant install concrete monuments at property corners as shown on the plan; McNemar seconded; unanimously carried.

iv) Section 190-36 Stormwater Management Plan. Fritsch noted recent revisions to the plan in accordance with his conversations with the Township Engineer. The Applicant agreed to execute and record the Stormwater Best Management Practices Operations and Maintenance Agreement in accordance with the Township Code directly after the recording of the final Plans.

Motion: Brutscher moved that the Board grant final approval of the Final Land Development Plan for Brandywine Valley Association dated August 1, 2008, revised September 15, 2008, as prepared by Regester Associates, Inc., to construct an equipment storage building subject to verifying approval by the Chester County Health Department to connect the proposed building to the existing septic system through the filing and processing of a “repair permit” and subject to the recordation of the Stormwater Management Operations and Maintenance Agreement, as well as the associated waivers; McNemar seconded; unanimously carried.

b) The Benzel Family Trust: James Fritsch, P.E., on behalf of The Benzel Family Trust, inquired as to the status of the Board’s review of the Declaration of Covenants, Easements, and Restrictions for the subdivision. He indicated that the Stormwater Management Operations and Maintenance Agreement would be incorporated rather than a separate Agreement. He reported that a potential buyer has expressed interest in one of the lots. McNemar replied that the Board needs to clarify the provisions of the current draft as it may not incorporate all the requested edits. McNemar is not clear on the Township’s role as agent of enforcement for the provisions of the governing document particularly in light of no homeowners association. The Board will continue to review the governing document with the Solicitor’s Office.

5. Public Comment: Bruce Yelton reported to the Board that he will be resigning from the Scenic Byways Commission effective January 1, 2009. The Board will ask Zeke Hubbard, Chair, Park, Recreation, and Trails Committee, to poll the committee members for interest in replacing Yelton. Yelton asked the Board to contact Toll Brothers regarding the installation of a six foot (6') berm with evergreen plantings adjacent to Lenape Road. The berm would serve as a visual buffer for the Riverside community. The Board will not contact Toll as the improvements installed to date are in accordance with the approved plans. Yelton asked the Board to clarify the definition of a Recreation Fee Parcel (RFP) as identified on the RFP Map dated 2006 and prepared by Brandywine Conservancy. The Secretary is directed to research the definition and contact Yelton. Yelton requested information regarding the Draft Recycling Ordinance. He is aware of population target goals for grant purposes but does not believe the Township is close to meeting the target goals. McNemar explained that Pennsylvania mandates the adoption of a recycling ordinance in order to comply with grant application guidelines. She has been instructed by County and State personnel that for the purposes of the grant application the populations of the County correctional facilities and the County aged home do count towards the target goal.

6. Project Manager Update: none submitted.

7. Public Works: Harwood reported as follows:

a) County Transfer Land – inspection completed to winterize the farmhouse prior to the proposed October 7^th settlement date. Harwood noted a supply of fuel oil in two (2) 300-gallon oil tanks; the oil burners have not been serviced; water service is functional so lines should be drained and winterized; there are two (2) functioning freezers in the basement; basement should be cleaned out; windows should be winterized by installing plastic sheeting; water visible in the basement which may be leaking from bilco doors; downspout needs to be replaced. The Board requested and Harwood agreed that the Public Works Team can install the plastic sheeting and schedule service for the oil burner.

b) Trails – work continues on installation of the trails and the related stormwater management features on the County Transfer Land. The deadline for installation of all improvements is December. Approval was granted for installation of the seepage beds tying in the roof system. The Board requested that Harwood get an estimate for the gutters for the barn. Harwood received a number of complaints that Township trail surfaces are turfed up from use by equestrian traffic. The turfed-up surface is difficult for pedestrians and joggers to maneuver. Harwood requested and the Board agreed to post signs restricting equestrian traffic to use of a designated portion or section of the trail surface or side area of the trail.

c) Red Bridge Farms – Harwood received notice to repair by replacing the guide rails for the bridge at Red Bridge Farms. The funds for the repair work may come from the Highway Aid/Liquid Fuels Fund. He has requested estimates for the work. McNemar asked if the funds could be used to fix the Haines Mill Road bridge. Harwood responded no because of the bridge specifications. The Board asked Harwood to choose a guide rail that reflects the rural character of the Township and to call the President of the Red Bridge Farms Homeowners Association to advise him of the repairs to the bridge.

d) Bid Bond for Road Salt for the 2008/2009 Winter Season – Harwood presented the Salt Bids for Municipal Cooperative of Southern Chester County dated September 26, 2008, for the purchase of road salt from Eastern Salt Company, LLC. The low price delivered per ton is $73.85. He is working with the Co-Op to devise a method of producing salt brine for the sprayers attached to the trucks.

Motion: Brutscher moved to accept the Municipal Cooperative of Southern Chester County bid submitted by Eastern Salt Company, LLC in the amount of $73.85 per ton for the 2008/2009 Winter Season; McNemar seconded; unanimously approved.

8. Old Business: none.

9. New Business:

a) Resolution No. 2008-13 — The Board discussed the documents required to close on the Country Transfer Land on October 7^th. The Board agreed to proceed with completion of all documents required for conveyance of the three parcels to the Township.

Motion: Brutscher moved to accept Resolution No. 2008-13 authorizing acquisition and receipt by the Township of the conveyance of parcels 63-3-94, 63-3-115, and 63-3-115.2 from the County of Chester in accordance with the Intergovernmental Cooperation Agreement authorized by Township Resolution No. 6 of 2003; McNemar seconded; unanimously approved.

b) Authorization for prep work on trail grant — Board discussed the particulars for the County trail grant application due on November 3, 2008. Given the time constraints to complete the application, Zeke Hubbard and Tom Bierl agreed to represent the Township in completing the grant process. During discussion, the Board agreed to ask Brandywine Conservancy to assist with the project in order to maintain continuity and to meet the filing deadline.

Motion: Brutscher moved to authorize Zeke Hubbard and Tom Bierl to represent the Township in completion of the County trail grant; McNemar seconded; unanimously approved.

Motion: Brutscher moved to approve the trail grant prep work to be completed by Brandywine Conservancy for a fee between $5,000.00 and $7,500.00; McNemar seconded; unanimously approved.

c) Request for Proposals for Code Enforcement Officer – the Secretary reported that four (4) proposals were submitted for review. Secretary will obtain additional information as directed by the Board.

d) Emergency Services Coordinator – the Secretary reported that she receives a number of email notices for training programs from the County Emergency Services Coordinator. The Board confirmed that Zeke Hubbard is the Emergency Coordinator for the Township. Hubbard acknowledged that in the past he has worked with Harwood and the Township Secretary to administer the disaster plan. The Secretary is asked to make sure the plan is up-to-date and on file in the Township office. The Board believes that details of the plan should be published in the next newsletter.

e) Issuance of a 90-day Conditional Use & Occupancy (U&O) Permit for Dwyer – McNemar reported that she spoke to Fran McArdle, Township Building Inspector, regarding issuance of a 90-day conditional U&O permit for Dwyer. McNemar reported the following minor building code issues as discussed with McArdle: (1) screens missing; (2) cracked window pane; (3) missing banister. McArdle agreed that the infractions were minor. During discussion, Acting Zoning Officer Harwood reported that a negative grading issue exists around the dwelling which must be resolved. He also reported a four foot (4') drop off at the front porch as a potential safety hazard and code violation. Additionally, he indicated that McArdle had not completed the inspection because the County Health Department has not issued approvals for the well and septic. Given the significance of the Health Department approvals as well as the grading issue, Brutscher tabled further discussion on issuance of the U&O to a future meeting.

10) Treasurer’s Warrants: the Board reviewed the Warrant Sheet as presented. The Board asked that the Treasurer hold the payment to Aqua for the fire hydrant fees for Riverside at Chadds Ford and to verify financial responsibility as Toll Brothers or the homeowners association.

11) Correspondence: Brutscher and McNemar will attend the BVA Annual Meeting on October 23, 2008 and the employment seminar portion of the Chester County Association of Township Officials Fall Convention on November 6, 2008. The Board acknowledged use of the Denton Hollow Road Office parking lot on October 24, 2008, by a resident for use as overflow parking if needed for a cancer coalition fundraiser. The Board reviewed a letter and resolution from Red Bridge Farms Homeowners Association (RBF HOA) accepting the Township’s proposal for assistance with stormwater management issues. The Secretary is directed to review the RBF HOA resolution with the Solicitor.

12) Review of Minutes: Meetings of September 8, 2008 and September 18, 2008.

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

14. Adjournment: At 10:05 p.m., Brutscher moved to adjourn the meeting; McNemar seconded.

_______________________________ _____________________________

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