Board of Supervisors Meeting Minutes

7:30 p.m., November 10, 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: McNemar and Conary are working with the County to remove the debris left in the Barnard House. Supervisors will attend the following administrative meetings: (1) Township staff meeting on November 13^th which will include a safety presentation; (2) meeting with Castle Valley Consultants, Inc. on November 20^th. Brutscher is coordinating a special event or ceremony to mark the official acquisition of the County transfer land. McNemar met with the resident at 665 South Wawaset Road regarding the trail to the rear of her property. She also reported on the successful efforts of the stream team to plant over one hundred (100) trees in two locations in the Township. McNemar and Brutscher attended the November 6^th work session on effective municipal employment practices and policies sponsored by the Chester County Association of Township Officials.

4. Public Comment:

a) Scout request – Bennett Jacobs from Troop 31, a scout for about five years, appeared before the Board requesting ideas for a service project completed as part of his interest in attaining rank of Eagle Scout. He noted key aspects of the service project should demonstrate planning and leadership. The Board agreed to assist with identifying a project, and as such Conary will send a note to all Township Committee Chairmen regarding the request.

b) Riverside at Chadds Ford – Brian Hogan updated the Board regarding the spray heads for the Wastewater Treatment Plant (WWTP). He reported that he continues discussions with Toll regarding the proximity of the spray heads to his property line and the visual nuisance created by the height of the spray heads. Hogan contends Toll failed to communicate changes to the WWTP spray field design that occurred during his purchase process of 207 Winston Lane. Hogan requested the Board consider the installation of pop-up spray heads to replace those currently installed. Brutscher noted that the design specs were approved before any site improvements were installed. Therefore, representations made by Toll to homeowners during the negotiation or settlement process are strictly between Toll and the homeowner. Conary noted that the Board will discuss pop-up spray heads including costs to maintain with our wastewater system consultants. If feasible, those costs would have to be borne by the system users. Hogan suggested that the Board require Toll to complete the replacement prior to dedication. The Board acknowledged that they can confirm that installation of the spray heads is in accordance with the approved plan but cannot require Toll to install pop-up spray heads. Conary noted a discussion point for the Township could include setback requirements for wooded lots and open fields and consider requesting Toll to replace a tree line to improve aesthetics of the spray field.

5. Plan Approval Brandywine Valley Association (BVA) – the Board endorsed copies of the approved final plan for the construction of a storage garage by BVA being plan dated August 1, 2008 and last revised October 28, 2008. Applicant shall record the plan with the Recorder of Deeds of Chester County and return two (2) copies to the Township.

6. Public Works: Harwood reported that he and Conary are scheduled for a drive-through of the Township on Thursday, November 13^th. As Acting Zoning Officer, Harwood sent a letter to 117 Osborne Circle regarding a Code violation of Section 250-92 Keeping of Animals. Harwood asked the Board for guidance regarding a cure period. Board agreed to a two (2) week cure period from the date of the letter with a thirty (30) day maximum before proceeding to the fine and penalty phase. Harwood inspected the overgrown vegetation at 1425 Lenape Road as reported during the October 14, 2008 Board meeting. He volunteered to assist the homeowner with the clean up on his day off.

Trail installation including the basin on the County property will be completed November 12^th. Curbside chipping is complete. Toll repaired the drainage issue at 1413 Lenape Road and paved the trail connection with Denton Hollow. However, Toll did not adequately repair the trail section adjacent to Pocopson Road. Harwood reported receiving two (2) bids for paving of the trails and awaits a third bid. He clarified that labor is not reimbursed but the Township will be reimbursed for materials through the County grant. Conary asked Harwood to clarify trail project costs with the Treasurer to avoid charging to public works. Additionally, the Board asked Harwood to meet with the Treasurer when all the work is complete in order to submit paperwork for the grant. McNemar asked if Regester was proceeding with recording the access easement and maintenance easement with the County. She noted that Regester should have the legal descriptions. McNemar will follow-up regarding status of the easements including reimbursement through the grant.

Harwood met with representative from Red Bridge Farms to discuss repairs for the stormwater management facility. Harwood will obtain prices for the drop box and the pipes but he is not sure that Township equipment is sufficient to handle digging so he may have to rent a machine. Conary reported that the Board is working with the Red Bridge Farms HOA to clarify maintenance responsibilities.

McNemar asked Harwood to clarify the data on the MS-4 sheets previously submitted, particularly regarding testing water from the outflows.

7. Old Business:

a) Implementation Manager for Park, Recreation, and Trails Committee (PRT) – Board reviewed PRT request submitted September 4, 2008 regarding assignment of implementation manager. Board agreed to appointment of Public Works employee to manage maintenance of the park and trails. Scope of any additional tasks should be submitted to the Board by PRT for approval. Secretary will send a letter from the Board to PRT regarding the assignment.

b) Berm by Lenni Drive – Conary spoke to County Consultant regarding the berm by Lenni Drive brought to the Board’s attention by the resident from Brandywine Hills. The cyclone fence installed on the perimeter of the stormwater basin on the County Prison property will not be painted..

c) Waste Management/Recycling/Burn Ordinance – McNemar noted the legal advertising is underway to adopt the Ordinances during the November 24^th Board meeting. Notification letter regarding the new Ordinances will be sent to area waste haulers as well as businesses and homeowner associations in the Township noting salient points of the Ordinances. Haulers and HOAs will be asked to distribute the notice with their invoices for services and annual HOA assessments.

d) Home Inspection for Barnard House – Secretary reviewed proposals for the inspection.

Motion: Brutscher moved to accept the Proposal in the amount of $854.00 for inspection of the Barnard House including radon testing and wood destroying insect inspections; Conary seconded; unanimously approved.

8. New Business: Board reviewed four proposals for code enforcement services and requested the Secretary to arrange for interviews. Secretary will draft a Resolution regarding the 18-month closure of the Route 926 Bridge. Resolution to be sent to elected state officials and transportation department. Conary reported that he is researching the provisions for determining fees in lieu of open space, trails and recreation as specified in our ordianaces.

Board reviewed Treasurer’s report regarding additional anticipated donations for the Historic Barns of Locust Grove oil painting.

Motion: Conary moved to authorize approval for the Treasurer to forward 60% of any further donations for the oil painting, Historic Barns of Locust Grove, to the artist, Bruce Coyle. Amounts of any payments to Mr. Coyle are to be presented on the Treasurer’s Warrant sheet at a subsequent Board meeting; Brutscher seconded; unanimously approved.

9. Treasurer’s Warrants: approved as submitted.

10. Correspondence: none submitted.

11. Review of Minutes: Meetings of October 27, 2008.

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

12. Adjournment: At 9:35 p.m., Brutscher moved to adjourn the meeting; McNemar seconded.

_______________________________ _____________________________

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