Board of Supervisors Meeting Minutes

7:30 p.m., October 27, 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. Trail Study Committee Workshop: Sheila Fleming, Senior Planner for Conservation Design, Brandywine Conservancy, on behalf of the Trails Feasibility Committee, reviewed the efforts of the members of the Committee regarding the proposed Township-wide trail network. Fleming provided a Trails Presentation Plan prepared by Regester Associates depicting an aerial view of the township and a trail map with a legend depicting proposed trails and trails on the ground. She briefly reviewed the history of the project and recognized Zeke Hubbard and Tom Bierl currently serving as co-chairs. Fleming led the workshop discussion to review the map as a means to invite public questions and comments to aid the Township in prioritizing trails. Factors to consider for future trail construction include costs, access, and feasibility to construct. Fleming noted that the trail network project is partially funded from two (2) sources: Chester County and PA Department of Conservation and Natural Resources (DCNR).

The Board and the public were invited to come forward and review the plans and to mark their comments on a corresponding data sheet. Fleming then outlined the following tasks to be completed: finalize the map, draft an accompanying narrative, prepare cost estimates for construction/surface types, obtain approvals from the Township, and final submission to DCNR for approval of scope of work. In order to allow the Committee sufficient time for a comprehensive review of the proposed trails, Fleming recommended that the Township apply for a six-month extension for the current DCNR grant. The Board agreed and asked the Secretary to proceed with the written request for the extension.

In conclusion, Fleming commented that the Township has a very nice network of trails in place that connect neighborhoods to the Pocopson Elementary School. The goal of the Committee should be to identify viable links to that network.

4. Announcements: Brutscher announced the need for a Township representative to the Scenic Byways Commission as Bruce Yelton will be resigning from the Commission effective January 1, 2009. She also announced that the Township settled on the County Transfer Land on October 16, 2008. She would like to plan a formal ceremony to publicly announce acquisition of the land and the Barnard House. She also announced that the Kennett Area Regional Planning Commission (KARPC) donated $1,000.00 to the Kennett Square Senior Center. Additionally, KARPC Regional Historic Committee will meet three (3) times per year and Sarah Mims will represent Pocopson Township. Brutscher and McNemar attended the Brandywine Valley Association Annual Meeting. McNemar announced that VanDemark and Lynch reassigned Neil Carlson to complete field inspection work for the Township.

5. Public Comment: Annette Ward, a resident of Brandywine Hills, expressed disappointment regarding the size of the saplings installed by the County as well as the silvery chrome colored cyclone fence installed on the perimeter of the stormwater basin on the County Prison property. She also noted a significant stockpile of dirt on the site and asked if the dirt could be used to create a site berm. The Board agreed that Harwood should review the plans to determine if the fencing and the size of the saplings comply with the approved plan. Conary will contact the County Consultant regarding the status of the stockpile of dirt and will request more information regarding the saplings.

6. Highway Occupancy Permit for Trail Crossing: McNemar reported that the Township Solicitor reviewed the Shared Use Path Crossing Agreement (Master Agreement between Pennsylvania Department of Transportation (PennDOT) and Pocopson Township). The Agreement was submitted to PennDOT for review.

7. Plan Approvals:

a) Burnett Subdivision – Christopher Della Penna, P.E., of Della Penna Engineering, Inc., and James and Patricia Burnett (Applicants) were present to follow-up on the status of the Burnett subdivision. At issue for the Board is the amount of the contribution for the fee in lieu of providing park or recreational open space. Following discussion, the Board agreed to review the particulars of the open space contribution as those particulars relate to the Burnett tract. No decision made on the amount to be filled-in on Plan Note #19 at this time. Applicant requested a waiver of Section 190-25.F requiring, prior to Final Plan approval, the Chester County Health Department certification of the quality and adequacy of the proposed water supply. Following discussion noting that Plan Note #15 requires well and sewer permits prior to issuance of a building permit, the Board agreed to the waiver.

Motion: Conary moved to grant a waiver for Section 190-25.F requiring certificates of approval as to quality and adequacy of water supply prior to final plan approval; McNemar seconded; unanimously approved.

The Board reviewed the Applicant’s request for a waiver of Section 190-30.B(2) requiring driveways serving two dwellings to be constructed to residential street thickness that includes a 1.5" ID-2 wearing course. Della Penna noted his experience with other municipalities that approve putting down a 1" compacted thickness base. Applicant provided conventional specifications supporting request for lighter paving section. He assured the Board that the lighter paving is for the portion of the common driveway after the first fifty (50) feet and that the material will be compacted.

Motion: McNemar moved to grant a waiver for Section 190-30.B(2) requiring residential street thickness for shared portions of the driveway after the first fifty (50) feet and that the 1" wearing course is measured after compaction; Brutscher seconded; unanimously approved.

McNemar suggested inclusion of a plan note to remind the Applicant of Section 508(4) of the Municipalities Planning Code (MPC) regarding the applicability of intervening ordinances for any plan not commenced or completed within five (5) years after Township final approval. The Applicant will seek clarification from his attorney on the MPC section.

Finally, the Board recognized that the governing documents are complete and that all changes requested by the Township Engineer and the Township Solicitor are incorporated. Township Solicitor will provide the final/approved copy for Board signature with all Exhibits incorporated. The Applicant requested a 90-day extension for the review process. The Board approved the extension with an expiration date of January 25, 2009.

Motion: Brutscher moved that the Board approve the 90-day extension; seconded by McNemar; motion was approved unanimously.

b) Benzel Subdivision – Board reviewed the final Declaration of Covenants, Restrictions and Easements. However, Exhibits A and B were not included in the document.

Motion: McNemar moved that the Board approve the Declaration of Covenants, Restrictions and Easements for Benzel Subdivision located along Bragg Hill Road and that any one Supervisor is authorized to sign following submission of Exhibits A and B; seconded by Brutscher; motion was approved unanimously.

c) Brandywine Valley Association – Board reviewed previous partial waiver of Section 190-40 granted October 1, 2008 as well as previous request by Applicant for waiver of 178-3.B.

Motion: McNemar moved to grant a full waiver of Sections 190-40 and 178-3.B; Brutscher seconded; unanimously approved

8) Vendor for Schoolhouse Door – Board reviewed two proposals for construction of a new door for the schoolhouse submitted by the Historical Committee. McNemar informed the Board of a conflict of interest regarding the Proposals and refrained from voting.

Motion: Conary moved to accept the Proposal in the amount of $1,200.00 for construction and installation of a paneled white oak entrance door for the schoolhouse; Brutscher seconded; unanimously approved.

9) Project Manager Report: Sellers updated the Board regarding the sewer lines noting no problem with affected landowners Becker or Moore with running sewer line on east side. A sewer easement will be required from the Unionville-Chadds Ford School District. Castle Valley Consulting requires Board authorization to prepare the detailed alternate plan. Sellers provided a copy of the plan.

Motion: Conary moved to authorize Castle Valley Consulting to prepare an alternate plan for installation of a sewer line on the east side of Pocopson Road the cost of which will remain the same; McNemar seconded; unanimously approved.

Conary inquired if Lenape Forged Products owned property abuts the land to be deeded to the Township by Toll. Acquisition of that land would provide creek access and compliment the East Side of Pocopson Road land from Toll. Sellers will research the issue including any easements and review a previously submitted appraisal in order to determine a dollar or donation value. Sellers reported that he reviewed connection fees and projected monthly user fees with Moore, Lenape Forged Products, and Rich Brewer at Simon Pearce. He noted that right-of-way easements will be required from each landowner. Sellers will work with the Township Secretary regarding the turnover of files in accordance with the standard contract.

10) Public Works: Harwood asked the Board to remind Toll of their obligation to repair the drainage issue at 1413 Lenape Road as well as pave the trail connection with Denton Hollow. Harwood reported that Myers is relocating the trail at Pocopson Elementary School. The paved trail along Pocopson Road has a drop-off that Toll has not yet filled. This section of trail should be repaired before it is turned over to the Township. Regarding the Barnard House barn, installation of drywell and piping from the rainspouts complete. Harwood has received one bid for rainspouts on the barn. Harwood continues to work with County personnel to coordinate a clean-out of the house basement. He will schedule an HVAC technician to service the furnace. Conary asked if all rainspout repair work on the house is completed. Harwood reported repairs complete but some need adjusted to correct the flow. Harwood is nearly through with the bikeway and has received two (2) bids for paving. December 1, 2008 is the deadline for installation per the County grant. County Conservation District approved the plan to survey the retention basin on Pocopson Home and a contractor will be brought in to do the work. A contractor will take a look at the Haines Mill Road Bridge. McNemar would like to attend that meeting. Secretary asked if budget numbers include uniform allowance versus safety equipment. Harwood reported that reimbursement for safety equipment and uniform allowance occurs annually on a use-it-or-lose-it basis. McNemar asked Harwood to clarify the data on the discharge reporting forms submitted to the Board. Pertinent information was omitted from the forms regarding the nature or source of the discharge.

11) Old Business:

a) Application Forms – McNemar submitted the building permit and subdivision review process forms and general guidelines. The forms are intended to aid an applicant in estimating fees as well as provide general guidelines for staff. The forms represent a work in progress as the fee in lieu of trails or recreation or open space requires clarification. Legal forms provided by the Solicitor will be included in the application process. Secretary is working with the Building Inspector to identify forms to be posted on the web site.

b) Ordinances – Secretary reported that the draft Ordinances for Keeping of Animals and Signs were submitted to the Chester County Planning Commission for review.

c) Larkin Baily Road – Brutscher reported that the Solicitor’s Office is working through the logistical issues of getting signatures on revised agreements for the Cousins children.

12) New Business: Board will review proposals submitted for code enforcement officer. McNemar briefly reported on the mobile home park designation with no action taken at this time. Conary reminded the board that the Open Records Act/PA Right to Know Law is effective January 1, 2009. Secretary distributed memorandum from the Solicitor outlining the critical changes. Resolution appointing an Open Records Officer will be adopted at a future meeting.

Motion: Conary moved to advance payment to Don Lane in the amount of $514.12 for out-of-pocket medical expenses in accordance with his request dated October 6, 2008; Brutscher seconded; motion approved unanimously.

Board reviewed three proposals for home inspection of the Barnard house.

Motion: Conary moved to accept the proposal submitted by Reliable Home Inspection for standard home inspection as well as inspection for termites and radon; Brutscher seconded; unanimously approved.

10) Treasurer’s Warrants: the Board reviewed the Warrant Sheet as presented.

14) Correspondence: Board reviewed a letter submitted by the Historical Committee outlining the Committee’s plans for 2009. Brutscher suggested sending Historical Committee a note stating the Board agrees with their plans and will take the funding request into account during the budget process. Secretary submitted a letter sent to Riverside resident confirming wastewater billing to property owner of record in accordance with Artesian’s tariff language placing ownership of bill payment on the property owner.

15) Review of Minutes: Meetings of October 14, 2008.

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

16) Adjournment: At 10:35 p.m., Brutscher moved to adjourn the meeting; McNemar seconded.

_______________________________ _____________________________

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