Board of Supervisors Meeting Minutes

7:30 p.m., November 24, 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. Public Comment: The Secretary read aloud a letter dated November 21, 2008, from Township Resident Les McNemar regarding the status of repairs to the bridge on Haines Mill Road. On behalf of other residents, McNemar requested the Township make the necessary repairs to the bridge to provide safe access for all residents. Alternatively, if Township chooses not to repair then residents of that section of Haines Mill Road should take ownership of the road and the Township should reengineer the turn at Red Lion Road. Board members acknowledged that Harwood is reviewing proposals for the repair including availability of funds through the state liquid fuel program. Brutscher noted that Harwood will install reflective tape on the road barrier in order to improve visibility of the closure.

 

4. The Kennett Underground Railroad Center:  Center representatives Mary Dugan, Rusty Jones, and John O'Neal appeared before the Board to express desire to rent space in the Barnard House recently acquired by the Township. Brutscher responded that due to the extensive renovations required for the Barnard House the Board cannot at this time indicate an estimate as to rent. McNemar invited the representatives to join the Township Historical Committee for a walking tour of the property in January in order to get a sense of the space that may be available for an Underground Railroad Heritage Exhibit. Brutscher agreed and noted that the Supervisors would welcome feedback from Center members as to applying for grants and potential historical registry.

 

5. Brandywine Valley Association (BVA) Building Permit:  James Fritsch, P.E., Regester Associates and James Jordan, BVA (Applicant) were present to resubmit Appendix C Stormwater Best Management Practices Operations and Maintenance Agreement for Applicant’s construction of a 40' X 80' equipment storage building on parcel 63-3-8. The document previously endorsed by the Board did not meet Property Recording Industry Standards for documents recorded in the Office of the Chester County Recorder of Deeds. The Board endorsed Appendix C as submitted.

 

Applicant requested permission to proceed with site improvements absent a building permit as the contractor has not submitted the Building Permit Application. The Applicant would assume all risk going forward. Applicant desires to install utility trenches, silt fence, grading, and seeding before the onset of inclement weather. James Hatfield, P.E., of VanDemark & Lynch (VD&L) noted that early December is not the optimum time for growing winter rye grass essential for erosion and sediment (E & S) control. However, maintaining adequate straw mulch coverage, while a huge expense and effort, should address E & S control. Hatfield noted that five or six field inspections would be required. Secretary asked if the Treasurer should be directed to review Applicant’s escrow account. Applicant indicated that the Permit Application should be submitted by December 5, 2008. McNemar suggested that the Township Engineer, Building Inspector, and VD&L Field Inspector meet on site for a pre-construction meeting in order to make sure that permitting E & S controls are in place. Applicant agreed to meet on December 8th or 9th.

Motion: McNemar moved to allow BVA to proceed with construction of the storage building contingent upon submission of the Building Permit Application in advance of the site work and to submit sufficient funds to maintain a $500.00 escrow balance until final completion of the project; seconded by Brutscher, so moved.

 

6. Resolutions:

a) Resolution No. 2008-14 Appointment of Certified Public Accountants to replace the elected Township Auditors as to certain statutorily authorized duties – Board reviewed the Resolution. Motion: Brutscher moved to adopt Resolution No. 2008-14; seconded by McNemar, so moved.

 

b) Resolution No. 2008-15 Terminating the services of John Fenn, P.E., as Township Engineer – Board reviewed the Resolution and resolved to appoint James W. Hatfield, P.E., VanDemark & Lynch, Inc., to complete the term of John Fenn, P.E., to expire on December 31, 2008. Board noted that Hatfield will work with Fenn in the coming weeks to transfer files.

Motion: McNemar moved to adopt Resolution No. 2008-15; seconded by Brutscher, so moved.

 

7. Announcements:  McNemar announced inspection completed on the Barnard House as previously discussed and that the Township has received a written report. She also noted the assignment of Terry L. Wilkins of VD&L to perform field inspections for Township as a replacement for Billy Rogers of VD&L.

 

8. Public Works: Harwood reported that trail work including crosswalk will be completed by end of the week. He is working with the Treasurer to close out accounting for the trail project. Public Works Team (PWT) picked up record number of leaf bags. Residents are purchasing bags from sources other than Township. PWT will be completing leaf clean-up on Township roads. Maintenance work will begin on the Olmstead trail. PWT recently experienced trouble with algae in the public works fuel tank necessitating change in fuel filters. Myers fixed Toll trail. PWT reviewed the MS-4 sheets as requested by Board and seven (7) discharge/outflows were found with minimal flows. Harwood can verify the discharges as spring flow or intermittent source. Hatfield asked Harwood to mark the outfalls and send the data to his office. Harwood reported that he has requested three (3) proposals for the Haines Mill Road bridge repair. One proposal received to date with a cost estimate of under $10,000.00.

 

9. Ordinance Hearings:

a) Ordinance No. 3 of 2008 Waste Management/Recycling: Motion: At 8:45 p.m., Brutscher moved to close the public meeting and open the hearing on Ordinance No. 3 of 2008; McNemar seconded.

Brutscher reviewed the particulars for Ordinance No. 3 of 2008 of the Pocopson Township Code.  Generally, the ordinance establishes requirements for proper waste management, including yard waste, and mandatory recycling by all residences, businesses and institutions.  Exhibits were presented as follows – B-1 Recommendation of Planning Commission; B-2 Solicitor’s transmittal letter to Chester County Law Library and submission of Public Notice; B-3 Solicitor’s letter to Daily Local News for advertising of public notice including full text of proposed Ordinance; B-4 copy of public notice; B-5 Proof of publication for legal advertising.  The proposed Ordinance has been available for public review since November 11, 2008.

 

Motion: Brutscher moved to adopt Pocopson Township Ordinance No. 3 of 2008 enacting a waste management and recycling chapter ordinance; McNemar seconded, so moved.

Motion: McNemar moved to close the hearing for Ordinance No. 3 of 2008 at 8:55 p.m.; Brutscher seconded, so moved. 

 

b) Ordinance No. 4 of 2008 amending certain sections of Chapter 35 of the Township Code, Burning, Open: Motion: At 8:56 p.m., Brutscher moved to open the hearing on Ordinance No. 4 of 2008; McNemar seconded.

Brutscher reviewed the particulars for Ordinance No. 4 of 2008 of the Pocopson Township Code. Generally, the ordinance re-establishes prohibitions on burning of trash and establishes strict prohibitions on the burning of leaves, yard waste and recyclables. Exhibits were presented as follows – B-1 Recommendation of Planning Commission; B-2 Solicitor’s transmittal letter to Chester County Law Library and submission of Public Notice; B-3 Solicitor’s letter to Daily Local News for advertising of public notice including full text of proposed Ordinance; B-4 copy of public notice; B-5 Proof of publication for legal advertising.  The proposed Ordinance has been available for public review since November 11, 2008. The Board was asked if brush and tree limbs may be burned. The Board noted provisions in the ordinance for controlled burns related to recreational fires and for storm clean up upon proper notifications and meeting required setback distances.

 

Motion: McNemar moved to adopt Pocopson Township Ordinance No. 4 of 2008 amending certain sections of Chapter 35 of the Township Code, Burning, Open to add and amend definitions and to provide for and amend burning restrictions and prohibitions; Brutscher seconded, so moved.

Motion: McNemar moved to close the hearing for Ordinance No. 4 of 2008 at 9:01 p.m.; Brutscher seconded, so moved. 

 

Motion: Brutscher moved to reopen the public meeting at 9:02 p.m.; McNemar seconded, so moved. 

 

10. Project Manager Update: Sellers reported that particulars for the installation of the sewer line for Simon Pearce and Lenape Forged Products have been submitted to respective corporate departments or counsel. Moore and Becker are still on board with the project. Sellers reported that he has not heard from Toll regarding building the lines. The costs for George & Lynch including liability and workers compensation insurance are significant. McNemar asked to table further discussion regarding installation of the sewer lines for a future meeting as a number of issues remain open with the Toll development.

 

11. Old Business: Secretary circulated the Chester County Planning Commission comment letter dated November 19, 2008, addressing proposed amendment to Township Zoning Ordinances for Keeping of Animals and Signs.

 

12. New Business: Secretary circulated a number of appointment dates and times for meetings with the candidates for Code Enforcement Official.

 

13. Escrow Release Taylor’s Run at Red Bridge: Escrow release is pending until final inspections are completed by Township Engineer.

 

14. Treasurer’s Warrants: Warrants were reviewed and approved as submitted.

 

15. Correspondence: Secretary submitted the 2009 Stray Boarding and Animal Protective Services Contract provided by the Chester County SPCA for review. While the contract reflects a fee increase the Board recognized the need for the SPCA to continue to assist residents in resolving a variety of animal-related issues.

Motion: Brutscher moved to accept the 2009 Animal Protective Services Contract with the Chester County SPCA in the amount of $1,962.50; McNemar seconded, so moved. 

 

16. Review of Minutes: Meeting of November 10, 2008.

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

 

17. Adjournment: At 9:45 p.m., Brutscher moved to adjourn the meeting; McNemar seconded.

 

 

_______________________________                    _____________________________

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