Board of Supervisors Meeting Minutes

7:30 p.m., October 14, 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: McNemar announced the completion of an inspection of the Riverside Wastewater Treatment Plant with Castle Valley Consultants, Inc. (CVC). A number of safety/security issues were identified including securing aluminum hatch covers, installation of a chain link fence around the weather station, control panels and spray pumps. Additionally, a section of fencing around the lagoon must be restored and “No Trespassing” signs should be added at 300 foot intervals. CVA submitted a copy of the inspection to Toll Brothers for response regarding addressing these issues. McNemar also reported that the Township Engineer submitted a sketch of the trail section adjacent to Pocopson Elementary School as a follow-up to the meeting in September. It appears that trail reconfiguration is underway by Toll Brothers as discussed and agreed in a field meeting with the Pocopson Elementary School Superintendant. No announcement by Brutscher.

4. Public Comment:

a) Riverside spray heads – Brian Hogan appeared before the Board to address what he believes to be a potential encroachment issue with the installation of the spray heads for the Wastewater Treatment Plant (WWTP). He cited the Board’s recent response regarding the location of the spray heads in conjunction with property lines in Riverside. He also asked if consideration might be given to lowering the height of the spray heads to a height less than four feet (4') above ground. Lowering the height of the spray heads to two feet (2') would be an aesthetic improvement. Based on the information provided by Toll during the purchase process for his home, Hogan did not expect that the spray heads would be four feet (4') high and installed in the present location. Hogan intends to approach Toll accordingly. Brutscher responded that great consideration was given to choosing the best design for the WWTP including the installation of the spray heads for the irrigation field. McNemar added that elements of the design include evaluating the process for managing nitrogen uptake. The Board directed the Secretary to contact CVC to investigate the location of the spray heads adjacent to the Hogan property to verify distances meet PADEP setback requirements

b) 1425 Lenape Road – Marjorie Maxton and Judy Lovell appeared to ask the Board to address an issue of overgrown vegetation at 1425 Lenape Road. The Board suggested that neighbors approach the property owner regarding the appearance of the lot and the overgrowth. Harwood suggested and the Board agreed that he would inquire as to the intention of the homeowner to maintain the property.

c) Trail Study Committee – Tom Bierl appeared to express concern regarding the approach and associated deadlines faced by the Township to identify, fund and construct the township-wide trail system and the particulars for the concurrent state and county grant applications. A lengthy discussion ensued during which Bierl noted the following:

(1) Kim Merritt, Chester County Municipal Grants Coordinator, met with Hubbard and Bierl and provided guidance as to the county grant request including the importance of the Township verifying favorably viewed trail connections and associated easements. Merritt noted the importance of the work of an estimator, whose fee is non-recoverable, to confirm designs for trail crossings as well as particulars covered under acquisition grants and installation grants. The Board asked Bierl to provide more information regarding an estimator and the estimator fees.

(2) Bierl generally noted dissatisfaction with the past disjointed process in overseeing the efforts of the Park, Recreation, and Trails Committee and the 11-body Trails Feasibility Study Committee (TFSC). Bierl commented that he and Hubbard have fielded comments from committee members who suggest that their field reconnaissance work does not appear on the township-wide trail map that is labeled “in progress” and currently on file at the Township Administrative Building. Generally, there is concern that the trails marked on the “in progress” map cannot be installed due to proximity to wetlands or due to failure to acquire an easement. The question posed by Bierl is how to reconcile the efforts of the two committees.

(3) Bierl raised concern that he and Hubbard need to clarify the grant deadline for the County grant as well as the state Department of Conservation and Natural Resources (DCNR) grant, and to inquire about extension possibilities. The Board asked Bierl to contact Sheila Fleming at Brandywine Conservancy on this issue.

Gary Summers commented that the information base for the trail data is confusing and as such will result in a number of discrepancies regarding trail information to be used in preparation of a township-wide map that is intended to include trail typing. He noted that the research completed by the TFSC includes notations of steep slopes and constructability of trails in certain locations. McNemar remarked that the “in progress” map may include wetland crossings which should be avoided for any number reasons. The Secretary asked if based on the discussion, the Board wished to delay the legal advertising for the Trail Study Committee Meeting currently scheduled for October 27, 2008. The Board did not wish to delay the Meeting and advised that the Secretary should coordinate the details for the advertising with Bierl and Sheila Fleming.

At conclusion of the discussion, it was determined by all that a grant for obtaining additional easements would not be sought this November due to time constraints. Additionally, because a construction grant must be based on trail connectivity criteria and prioritization, which has yet to be determined, a hasty construction grant application also did not make sense. Therefore, the PRT efforts will concentrate on finalizing a meaningful and accurate feasibility study and on determining construction sequence priority for the Township trail system for the year 2009 Grants round.

5. Benzel Family Trust – request made by Benzel Family Trust to withdraw from the agenda.

6. Public Works: Harwood presented two (2) proposals for time and materials to install a section of trail using a stone base. The Board reviewed the proposals.

Motion: McNemar moved to accept the proposal submitted by J&W Excavating in the amount of $2,750.00; Brutscher seconded; unanimously carried.

Harwood reported that he continues to research estimates for the repair/replacement of the guide rails for the bridge at Red Bridge Farms. He also reported that the County Prison completed clean out of half of the farmhouse on the County Transfer Land. He continues to review the work on the seepage beds with the County Conservation District. He reported that deer are rubbing and knocking over the tree saplings. Public Works Team will continue to search for a solution to this problem and may consider a commercial deer repellant. Finally, he reported that the Township trail surface has compacted and as a result the equestrian traffic no longer creates divots.

7. Plan Approvals – Board received for signature the final plans submitted for the County Transfer Land and for Brandywine Valley Association.

Motion: McNemar moved to approve and sign the following final plans for the County Transfer Land: Final Minor Subdivision Plan for Tax Parcel 63-4-94 last revised September 9, 2008 prepared by CEDG; Final Minor Subdivision Plan for Tax Parcel 63-3-39.1 last revised September 9, 2008 prepared by CEDG; Final Minor Subdivision Plan for Tax parcel 63-3-39 last revised September 9, 2008 prepared by CEDG; Brutscher seconded; unanimously carried.

Motion: Brutscher moved to approve and sign 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; McNemar seconded; unanimously carried.

8. Old Business: none.

9. New Business:

a) 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. Review of the proposals deferred.

b) 926 Bridge Resolution – the Secretary reported Birmingham Township deferred adopting a Resolution regarding the 926 Bridge until their November meeting.

c) Township Personnel – McNemar noted the need to clarify personnel issues on behalf of Township employees in an effort to enhance morale and productivity and increase employees’ satisfaction with working conditions.

Motion: Brutscher moved that all Township Employees should contact the Administrative Office regarding human resource issues as follows: (1) Administrative Secretary regarding benefit plans, informational programs, and provisions of the Township Personnel Handbook last revised August 11, 2008; (2) Treasurer regarding payroll, pension plan, leave balances, and reimbursement issues; McNemar seconded; unanimously carried.

10) Treasurer’s Warrants: the Board reviewed the Warrant Sheet as presented. Warrant Sheet included a check payable to Land Services with closing costs calculated to date. A blank check payable to Land Services was presented to cover any last-minute charges for closing scheduled for October 16^th.

Motion: Brutscher moved to approve in advance additional expenditures related to the purchase of the County Property at Wawaset and Lenape-Unionville Roads by Pocopson Township; McNemar seconded; unanimously carried.

11) Correspondence: none submitted.

12) Review of Minutes: Meetings of October 1, 2008.

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

14. Adjournment: At 9:50 p.m., Brutscher moved to adjourn the meeting; McNemar seconded.

_______________________________ _____________________________

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