Board of Supervisors Regular Meeting
8:45 a.m., Monday, November 12, 2007
Public Hearing: Consideration of a Proposed
Ordinance to Authorize the Issuance of Non-electoral Debt and the Award of
a Qualified Interest Rate Management Agreement
Supervisor Brutscher opened the public hearing at
8:45 a.m. Supervisors Sellers and Hubbard were in attendance.
The hearing concerned the intention of the Township
to borrow $2,500,000 for three years at a variable rate through the
Delaware Valley Regional Finance Authority (DVRFA) for the acquisition of
property interests to preserve open space. The loan would be paid off via
the dedicated Open Space Tax passed in May, 2006. The first use of these
funds will be for the purchase of conservation easements on the Cousins
property; other opportunities may arise over the three year term of the
loan.
Resident Bruce Yelton asserted that the tax is a five year tax,
and there will not be enough tax money collected to cover a $2,500,000
note. Steve Conary, Chair of the Open Space Advisory Committee, explained
that the Township has five years to incur financial obligations related to
the protection of open space; if funds are spent for such purpose, the tax
will continue until the loans are repaid. The estimated amount the
Township could borrow during the five years is $4.5 million on a 25-year
loan, based on interest rates in effect when the referendum was passed.
Conary also reported that approximately $540,000 is needed before the end
of 2007 to complete the Cousins property conservation easement, so time is
of the essence.
Yelton asked if other funding sources had been
considered and if the loan had to go out for competitive bid. Sellers
replied that the bid process is not required. Conary said that the
Township chose to use DVRFA because they handled the Township’s loan on
the Park property and are a widely used source for municipal financing.
Brutscher asked that Conary contact London Grove Township, which recently
borrowed money for open space acquisition, to ask who is handling their
loan and what the terms are (fixed vs. variable, term, etc.), to compare
to the financing package offered to Pocopson by DVRFA.
Motion: Hubbard moved, Brutscher seconded to
authorize the signing of the proposed loan application at a later date
outside of the hearing to allow time to investigate other funding options.
Motion carried with all in favor.
Brutscher closed the hearing at 8:55 a.m. Sellers
called the regular meeting to order at 8:55 a.m.
Local Ordinance Number 4, entitled Local Services
Tax Ordinance
Formerly known as the Occupational Privilege Tax and
most recently as the Emergency Services Tax, the Local Services Tax levies
an annual business tax of $1/week ($52.00/year maximum) on persons or
businesses netting income of at least $12,000/year from the operation of a
business within the township.
Yelton asked if people who are employed in the
Township for a portion of the year who make at least $12,000 – such as
contractors working on the Toll development for months at a time -- would
be subject to the tax. Sellers replied that the list of people required to
pay the tax is developed by Berkheimer and that a call will be made to
clarify this point. There was discussion about people employed temporarily
in the Township already paying this tax to the locality where their checks
originate, and agreement that the bookkeeping requirements would be
onerous.
Motion: Brutscher moved, Hubbard seconded to adopt Local Ordinance
Number 4 and approve the Local Services Tax Ordinance. Motion carried
with all in favor.
Roundabout / Poulson & Associates: Brutscher
read the Scope of Work from the proposal by Poulson & Associates LLC for a
geotechnical subsurface investigation of the Route 52 Roundabout and the
evaluation of subsurface soil conditions for the planned relocations of
Route 52, Wawaset Road, Lenape-Unionville Road, Pocopson Home Driveway and
the overall construction of the roundabout. The cost would be
approximately $12,270; if the Township will supply the backhoe for the
project, a $1,500 reduction would be made in the price of the contract.
Sellers requested that Hubbard investigate where the property has already
been perked for stormwater infiltration regarding the trail in that area
and the cost of the perk testing. Sellers asked Public Works Director
Harwood to contact Poulson regarding backhoe services to be performed by
the Township Public Works crew.
Motion: Brutscher moved, Sellers seconded to
accept the contract from Poulson & Associates for the subsurface
investigation. Motion carried with all in favor.
Parks, Recreation & Trails Committee Report:
Tabled until next regular meeting.
Scaleby Project: Motion: Brutscher
moved, Hubbard seconded to approve escrow release #5 in the amount of
$149,753. Motion carried with all in favor.
Toll Brothers Release #5: Hubbard reported
that the trail along school property next to Riverside is in the wrong
location and is too close to a recharge bed. Board agreed that the trail
should be moved before the escrow release is approved.
Motion: Hubbard moved, Sellers seconded to
approve escrow release #5 outside of a public meeting once the trail on
the school property trail has been moved 10’ and relocated to the correct
area. Motion carried with all in favor.
Chester County Minor Subdivisions: Tabled
until the next meeting. Sellers said there are several issues that need
to be worked out with the County and an extension may be necessary beyond
late November. County would like to close this project by the end of the
year. Sellers will call Don Thompson at the County.
Roads Report:
1)
Billy Rodgers and Bill Harwood met with Bragg Hill Road contractor
to discuss the upgrades to Bragg Hill Road. The contractor is in
agreement about the required improvements.
2)
The Public Works crew is getting equipment ready for winter,
including mounting snow plows and changing oil.
3)
Leaf bags are being collected every Monday through the fall.
4)
Chipping has been completed for this year. A chipper was rented
for two days because the Township’s chipper is in for repairs.
5)
Cracks were sealed in Brandywine Hills.
6)
Line striping will not be done this year. Purchase of a striper
will be included in the 2008 budget.
7)
The contractor repairing the collapsed storm drain at Beversrede
Trail and Haines Mill Road has started work.
8)
Harwood offered that the Public Works crew could install the trail
on the new 80 acre property being deeded to the Township by the County.
This would save money because the County would pay for materials and the
Township would just cover labor. Harwood indicated that he needs a copy
of the plans.
9)
A concrete floor for the pavilion will be included in the 2008
budget.
10)
The Schoolhouse is scheduled to be painted in the next week or so.
11)
Harwood will continue to work with a representative from Clocal to
see if they will donate an unneeded shed to the Park.
Public Comment: Ellen Muenter, representing
Tullamore HOA, thanked Harwood for the No Thru Street sign he had
installed but said that some residents would now like it to be removed.
Ms. Muenter said trees have been removed near the retention area and dam,
which was previously identified as non-conforming to township standards.
Now that repairs to the basin have been completed, the HOA would like
something in writing stating the repair work is satisfactory and
complete. The Board agreed to send this out and thanked Ms. Muenter for
getting the work completed so quickly.
Conary reported a resident in Waterglen clear cut his property. Zoning
officer will have to be sent out to investigate the property.
There was discussion of three lots near the intersection of
Route 52 and Unionville–Lenape Road, one of which is owned by the
Township. Harwood will check the site for runoff problems and to ensure
that tree removal on the property to the south does not affect Township
property.
Nicholas Dwyer Property – 1977 Marlboro Road:
Hubbard reported that he and Brutscher had visited the site. The Board
agreed to allow the house to be moved to the proposed foundation site. A
letter has been prepared for the files of the building inspector and
zoning officer stating that after the house is moved and the ground
stabilized, a stop work order will go into effect until all permits have
been received.
Minutes of October 22, 2007: Sellers moved,
Hubbard seconded to approve the minutes of October 22, 2007 as amended.
Motion carried with all in favor.
Other Business: Karen J. Eckard submitted a letter of resignation
to the Board of Supervisors asking that it be effective December 31, 2007
and that her pay continue through that date. Sellers noted receipt of her
letter and stated that she had been provided a formal severance agreement
for signature that addresses pay and other issues.
Adjournment: The meeting was adjourned at 10:00 a.m.
_________________________________
_____________________________
Margaret S. Lennon, Acting Secretary H.
William Sellers, Chair
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