MINUTES OF THE BOARD OF SUPERVISORS OF KENNETT TOWNSHIP. 801 Burrows Run Road Chadds Ford, PA October 19, 2016

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Stevens called the meeting to order at 7:00 p.m. MINUTES OF THE BOARD OF SUPERVISORS OF KENNETT TOWNSHIP 801 Burrows Run Road Chadds Ford, PA 19317 October 19, 2016 Present: Chairman, Scudder G. Stevens Vice-Chairman, Dr. Richard L. Leff Supervisor, Whitney S. Hoffman Township Manager, Lisa M. Moore Public Works Director/Roadmaster, Roger Lysle Chief of Police, Lydell Nolt Dave Sander, Township Solicitor MINUTES Hoffman made a motion to approve the minutes from September 21, 2016. Leff seconded the motion. Motion carried unanimously. ANNOUNCEMENTS/REPORTS Police Officer Ranking Chief Nolt presented new ranks in the Police Department noting that these ranks will bring structure to the organization and assignments will increase the level of service provided to the community. Nolt thanked the Board of Supervisors and Township Manger for their commitment to safety in the community. Chief Nolt presented the following promotions/special assignments: Assigning Officer Amanda Wenrich to a detective position. Promoting Officer Jeffery Call to the position of Corporal. Promoting Officer Matthew Gordon to the position of Sergeant. Chief Nolt thanked the Community for their support of the Police Department. Stevens thanked Chief Nolt for his dedication and thanked him for his work getting the Police Department up and running. Page 1

Chief of Police Report Chief Lydell Nolt presented the Chief of Police Report for the month of September 2016: The Kennett Township Police Department in conjunction with the Pennsylvania State Police provided police services to 473 police incidents in the municipality of Kennett during the month of September 2016. State Police Avondale provided police service to 27 of those incidents. The department in participation with the Chester County Highway Sobriety Safety Program conducted targeted roving impaired driver enforcement details in the month of September. The department also provided officers to assist with two DUI checkpoints thought-out Chester County. The department in partnership with the DEA is hosting a Drug Take Back event of October 22, 2016 between 10am and 2pm. The department will be collecting all unwanted drug/prescription medication during the event. Just a reminder, no liquids accepted. The department provided event security service to several events in September, the Mushroom Festival 5k Race event, Rock the Park Concert Event and LA Comunidad Hispana 5k Race Event. The department also assisted the borough of Kennett Square Police Department with event security during the Mushroom Festival. The department has been conducted focused enforcement patrols to enforce Pennsylvania s current no texting law. The department warns driver s about the dangers of distracted driving associated with cell phone use while driving. Drivers are subject to a $153.50 fine for violating the Pennsylvania no texting law. Chief Nolt thanked the Community and the Board of Supervisors for their support. Nolt thanked everyone who came out to the first Public Safety forum noting that close to 50 turned out and the event was supported by many community organizations. Nolt said it was an excellent event and the committee is already working on plans for the next event. Stevens commented on the high percentage response rate noting that it was not that long ago that the percentage was flipped. Hoffman thanked the Chief for his role in organizing the Public Safety forum and congratulated him on the response rate. Roadwork Report Roger Lysle presented the Roadwork report for 8/10/16-9/9/16: The drainage job was completed at Baneswood Drive and Circle. All pump stations were pumped out and washed down. This is done twice per year to keep heavy grease and trash out. The propane tank at the show was moved so that the new park driveway can be installed. A sewer line was hit and broke on Baltimore Pike while a water main was being installed. A pump truck had to be called in to hold 3 pump station while we did the repair. Stock parts used on the job were reordered. Page 2

We are having trouble with the Creek Road pump station, it is running high flow levels and long pump run times. Several things are being checked out, next step is to use a push cameral to check the lines for blockage. Filters for all equipment were ordered so servicing on all equipment can be completed during the winter months. Rainy days and fill in jobs are being used to prep equipment. A new inlet box and pipe are being installed on Lavender Drive in the Cul-de-sac. This has turned into a long job due to utilities and rock that has to be jack hammered by hand. A tree came down on Kaolin Road blocking traffic for 3 hours. PennDOT could not be reached and the Fire Company called and asked for our help. We sent our crew and backhoe to clear the road so the Fire Police could open the road. Marshall Bridge Road is set for the Bank Stabilization project to start, the contract was signed and they have seventy days to complete. A detour is posted. Bridge inspection reports are in on Pemberton Road and Southridge Drive Bridges from PennDOT. Both are in good shape but have a few items that need to be addressed such as some Rip Rap, Repairs to guide rails and fix other minor items. On October 23 rd at 3pm, the Township is hosting a Grand Opening for Barkingfield Park. There are several activities planned including a hayride, Cider and Cider donuts will be served. Lysle thanked the Road Crew staff for their hard work with all of the activities they have been working on. Bill McLachlan asked if the work being done on Millers Hill has to do with the new Stan-Ab development. Roger Lysle responded that it is and it s for the water service. Stevens asked about the instance when PennDOT did not respond, do we bill them. Lysle responded no and that he has a good working relationship with PennDOT where each help the other out. Bruce Mitchell, representing the Fire Company noted that the Fire Company always calls Roger when in need and thanked him for sending out the crew and for always helping out. Hoffman and Leff commented on the work being done at the Burnt Mill Bridge noting completion should be within the next couple months. Kennett Fire Company Bruce Mitchell, representing the Kennett Fire Company, made the following report for the month of September: September YTD EMS 106 (47 in Township) 835 Fire 28 310 The Fire Company had their new truck on display prior to the meeting. Bruce Mitchell thanked the Township for their support. Page 3

Hoffman thanked Bruce Mitchell for including the Board of Supervisors in the housing of the new truck and other events. Manager s Report Lisa Moore reported that La Comunidad is going to be opening up a dental clinic in the Kennett Medical Center. OLD BUSINESS EAC Groundwater table update This agenda item was deferred to the November 2 nd meeting. NEW BUSINESS Pay Bills Hoffman made a motion to pay the bills for the month per the bill vouchers. Leff seconded the motion. Motion carried unanimously. Zoning Map Rezoning Ordinance Lisa Moore presented an overview of proposed Ordinance No. 261 which rezones 14 tax parcels from R-1 to R- 2. The Planning Commission and Chester County Planning Hoffman made a motion to adopt proposed Ordinance No. 261. Leff seconded the motion. Beth Colbourn asked what the benefit to the property owner was for the rezoning and is there any bearing on property value. Lisa Moore responded that the lots cannot be further subdivided so she does not believe it would have any effect on property value, and the benefit to the property owner would be that the lots would become conforming. Motion carries unanimously. Page 4

Burnt Mill Circle Road Dedication Lisa Moore introduced proposed Resolution No. 2016-16 noting that it concerns a road in the Township that was originally going to be dedicated to the Township after the construction was completed, but that was never done, so it is on the agenda for tonight. She noted that since it has been so long, there are some repairs that need to be done to the road and the top coat needs to be put on the road and part of the agreement in taking over the road was that each of the residents pay the Township $18,000 to complete the work. Lisa Moore asked that the Board approve and execute the dedication agreement, the deed of dedication and Resolution 2016-19 which accepts dedication of Burnt Mill Circle. Hoffman made a motion to adopt Resolution 2016-19, accept the dedication agreement and deed of dedication. Leff seconded the motion. Leff asked for confirmation that there were three document, Lisa Moore confirmed. Leff asked which document included the $18,000, Lisa Moore noted that the Township has already received all of the money. Lisa Moore commented all of the information will be sent to PennDOT so this road will be added to be qualified for liquid fuels. Leff asked how wide the road is. Lysle responded 18 feet. Motion carries unanimously. Richardson s Run facilities dedication Lisa Moore introduced proposed Resolution No. 2016-20 noting the Township is ready to take dedication of all of the facilities as outlined in the resolution. Hoffman made a motion adopt Resolution No. 2016-20 and the deeds of dedication for Richardson s Run. Leff seconded the motion. John Snyder, attorney representing the developer noted there is a second amended developers agreement that should be included. Hoffman made a motion to amend the motion to include the execution of the second amended development agreement. Leff seconded the motion. Leff asked for confirmation that the Township will be accepting the road as a public road. Lisa confirmed this, noting that it will be included for liquid fuels. Leff asked what the width of the road was and Lisa Moore confirmed the road is 18 feet. Motion carries unanimously as amended. Page 5

Real Estate acquisition Lisa Moore asked for a motion to authorize the Township Manager and Solicitor to act on behalf of the Township to make an offer of $1.9 million dollars for an open space acquisition. Lisa Moore noted that she cannot disclose the name or location of the property at this time, but if the offer is accepted, it will be presented to the public before the deal is finalized. Lisa Moore noted that the property is approximately 80 acres. Hoffman made a motion to authorize the Township Manager and Township Solicitor to make an offer of $1.9 million dollars for open space acquisition. Nancy Hewes asked if this is a property that the Township will continue to own or will it be turned over to an organization. Lisa Moore responded that currently, the Township will continue to own it. Nancy Hewes asked if there are any possible grants for reimbursement. Lisa Moore responded yes, and we will apply and hopefully get grants for some of the purchase price. Nancy Hewes asked if the money for this purchase will come out of the open space fund and if so, will funds be earmarked. Lisa Moore responded yes it will come out of the open space fund and the funds will be held until the property is purchased. Leff commented that there is the possibility to sell Transfer Development Rights (TDR s) or bank them to help defray some of the costs. Diane McGovern asked what the net would be after possible TDR s and Grants. Lisa Moore commented that she does not think TDR s and Grants could be used together, and the net would depend on which option is chosen. Diane McGovern inquired if the land would be open space and if it would be open to the public. Diane McGovern asked if it could be another park. Lisa Moore noted that it will definitely be open to the public and a park could always be a possibility. John Wilkins commented on the use of TDR s verses grant money. Motion passes unanimously. SUBDIVISIONS Yasgur-Final Lisa Moore presented the Plans for the Yasgur Subdivision application, noting the property is located on Maple Lane in the VI Zoning District, identified as Tax Parcel No: 62-1-45, containing 4.2 acres. The applicant is Page 6

proposing to create three (3) building lots. The Preliminary Plans were recommended for approval by the Planning Commission on August 9, 2016. Lisa Moore asked that the Board of Supervisors consider approving the Final Plans dated 9/23/2015, last revised 6/15/2016 prepared by John Smirga with conditions. Leff made a motion to approve the Yasgur plans dated 9/23/2015, last revised 6/15/2016 prepared by John Smirga with the following conditions: 1) Applicant must comply with Chester County Conservation District s recommendations (August 3, 2016 memo) for soil erosion control, especially as it relates to soil disturbance during construction. 2) Applicant must comply with the recommendations of TCA (Landscape Architects) in the August 8, 2016 letter prior to plan signing. 3) Applicant will revise the driveway and utility easement and shared driveway declaration per the Township Engineer memo dated 10/11/2016 and the Township Solicitor email dated 10/17/2016 and resubmit to the Township for final review prior to executing. 4) Applicant must sign the Rules and Regulations for Site Development, 5) Applicant must establish an escrow account for public improvements and a cash escrow account for engineering inspections. Stevens seconded the motion. Motion passes unanimously with Hoffman recusing herself from the vote. Cannery Row-Extension Hoffman made a motion to extend the Cannery Row application until November 2 nd, 2016. Leff seconded the motion. Motion passes unanimously. Richardson s Run Phase II Escrow Release No. 2 & Phase I No. 7 Lisa Moore presented the Escrow Release No.2 recommendation for Phase II of Richardson s Run in the amount of $161,474.43 with a zero balance remaining in the escrow account. Hoffman made a motion to approve the Richardson s Run Phase II Escrow Release No. 2 in the amount of $161,474.43 and Phase I Release No. 7 in the amount of $287,536.98. Leff seconded the motion. Motion passes unanimously. PUBLIC COMMENT Diane McGovern asked for an update of the Emergency Services report. Lisa Moore responded that The Emergency Services Study draft has been completed and has been presented to the Fire Companies. There will be a meeting in November to review their concerns and comments of the study. Once this is done, it can be Page 7

shared with the public. If everyone agrees to the report, it will need to go back to each municipality for their full boards to approve. Stevens noted that the committee continues to meet and met yesterday to review more of the nuts and bolts on how the process would work and it took two and half hours to go through 4 pages and one page was basically scratched. Diane McGovern asked if it changes the volunteer aspects of the Fire Companies. Stevens replied no, but the ambulance services aspect could change. ADJOURNMENT Hoffman made motion to adjourn. Leff seconded the motion. Motion carried unanimously. The meeting adjourned at 8:00 p.m. Respectfully submitted, Michael O Brien Recording Secretary Page 8