Concord Township Board of Supervisors

PUBLIC MEETING Tuesday, January 3, 2012 ______

Dominic A. Pileggi called to order the public meeting of the Concord Township Board of Supervisors at 7:20 p.m. on January 3, 2012 at the township building at 43 Thornton Road, Concord Township. In attendance were the following: Colleen P. Morrone, Dominic J. Cappelli, Kevin O’Donoghue, John J. Gillespie, and Brenda L. Lamanna. Robert J. Willert and Nathan M. Cline (Pennoni Associates Inc.) were not in attendance. Tyler Therriault attended for Hugh A. Donaghue, Esquire.

The Chairman thanked Judge Cappelli for doing the honors of swearing in new township officials.

BOARD OF SUPERVISORS APPROVAL

The Board’s December 6, 2011 public meeting minutes were approved unanimously on a motion by J. Gillespie, seconded by K. O’Donoghue. The Sewer Department minutes of December 6, 2011 were unanimously approved on a motion by D. Cappelli, seconded by J. Gillespie.

D. Cappelli made a motion to approve the total expenditures for December of $567,665.55, the December payroll of $265,578.87, the current Township bills totaling $147,380.18, and the current Sewer bills totaling $154,706.50. The motion was seconded by J. Gillespie and unanimously adopted by the Board.

David Cleary of 72 School House Lane asked if there was to be discussion of the expenses.

RECOGNITION

On a motion by K. O’Donoghue, seconded by J. Gillespie, the Board voted unanimously to approve Resolution No. 6-2012 recognizing Eagle Scout Kevin Y. Lin.

The Board voted unanimously to approve Resolution No. 07-2012 recognizing Eagle Scout Morton Lin on a motion by C. Morrone, seconded by K. O’Donoghue

MONTHLY ACTIVITY REPORTS

The following presented their monthly reports for December:

C. Morrone Public Safety Advisory Committee Fred Field* Fire Company/Fire Marshal/ Emergency Management Manos Kavadias* Code Enforcement/Zoning Officer Concord Township Board of Supervisors January 3, 2012 Public Meeting Minutes Page 2

Tyler Therriault Township Solicitor Ken Kynett Sewer Department Solicitor John Gillespie Senior Citizens Ginny DeNenno Historical Society

All asterisked reports have been made a part of the minutes.

No representative of the Pennsylvania State Police was in attendance to give a report.

C. Morrone noted that the Public Safety Advisory Committee would meet the following week on January 11. Dave Cleary of 72 School House Lane asked if there would be a public meeting.

Mr. Therriault gave the Solicitor’s report of the six cases in litigation: Mid-Atlantic/Zoning Hearing Board – billboards – awaiting scheduling order from Commonwealth Court Aiello – Concord Road - two cases awaiting trial dates T-Mobile – our brief due January 15 Concord R\retail Partners (Brandolini) – oral argument made on November 21; awaiting Judge Kenny’s decision Hionis – awaiting holding from Commonwealth Court

The Sewer Department Solicitor reported that the Township will be reimbursed $4,000 for professional appraisal fees for the Route 322 condemnation. He noted that Resolution 42-2011 states that either D. Pileggi or J. Gillespie can sign on the Township’s behalf and requested said signature. He also noted that an amount of $50,000 had been negotiated for the tank painting project and requested that the Board sign the change order and have a check cut. Ms. Morrone expressed concern that this would leave the issue open-ended. Ken advised that we are still holding $100,000, however, the Board agreed to have another meeting with Ken prior to signing off on the change order.

Walt Fazler of Bradford Engineering explained that chemical bids were opened on December 28. Of the four bids received, only one bidder complied with all regulations; and his recommendation was to award to Univar USA, Inc. Univar has been the chemical supplier for the treatment plan for the past two years. Therefore, J. Gillespie made a motion that procurement of chemicals to Univar in the amount of $79,583.40 for 2012, $83,907.40 for 2013 and $88,379.40 for 2014, as indicated by Walt Fazler’s letter dated December 30, 2011, be approved. This motion was seconded by D. Cappelli and unanimously approved by the Board.

J. Gillespie gave a pickleball update and announced that the Senior Consortium would meet possible next February or March. Susan N. Quinn, Executive Director of the Darlington Arts Center will make a presentation to try to incorporate DAC programs with seniors.

G. DeNenno reported on a successful Christmas tour at three township sites.

Steve Miller, Nate Cline, and Bob Willert were not in attendance to present the Planning Commission, Engineer, and Township Manager reports respectively. Concord Township Board of Supervisors January 3, 2012 Public Meeting Minutes Page 3

PUBLIC FORUM/PUBLIC COMMENT

Rufus Miley of 22 Leopard Run had four items: He questioned the increase in the number of banks being used for township funds; if meetings would be public if the Concord Town Watch group was appointed by the Township; referenced a resident’s prior request for information concerning solicitor fees and retainer; and announced for the public’s information that the Board of Supervisors had let go 75% of the front office sewer staff. The Chairman explained that TD Bank was still used for checking; however, the township shops around for the best rate on Certificates of Deposit, hence the increased number of banks. Ms. Morrone noted that the Public Safety Advisory Committee which was appointed by the Board is separate from Concord Town Watch. This group is incorporated as a not-for-profit and is a separate organization. In reference to the question regarding the Solicitor’s rates, the Chairman noted that professional services do not go out to bid; and the Board is comfortable with the Solicitor’s billing system.

David Cleary of 72 Schoolhouse Lane noted that a phone conversation mentioned by the Chairman was initiated by him. He stated that the Solicitor’s fees were a combination of flat rate and billing and wondered how a citizen knows what is being billed. The Chairman responded that it is the Board’s job to review, and they are comfortable. D. Cappelli noted that it is hard to compare our township legal fees with those of other municipalities. Mr. Cleary then read from a July 7, 2009 letter from Rufus Miley of 22 Leopard Run regarding the Solicitor’s contract. Mr. Cleary feels his questions aren’t answered; the Board does not agree. Responding to his concern regarding the clearing of trees from the Buckeye pipeline right-of-way, the Chairman indicated that there are four or five pipelines traversing the township, and the utilities are entitled to keep those rights-of-way cleared.

Mr. Cleary indicated that he has lingering questions about his petition regarding 139 School House Lane and the Kerr court case. Mr. Pileggi responded that the Board has answered ad nauseum; the deficiency has been corrected.

Dave also had questions about the Public Safety Advisory Committee, one of which was the $5,000 currently budgeted for this year. Ms. Morrone volunteered that the PSAC meets periodically, and the money was used for public safety materials. If the money is not used, it is returned to the General Fund.

Silva Small of Conchester Highway stood up to remind the Board that the public has heard Mr. Cleary’s comments several times already.

Ted Pleibel of 130 Mill Road expressed concern about the lighting on the Crozer medical building.

OLD BUSINESS

There was no old business to be discussed.

NEW BUSINESS

The motion to award the chemical bid was made during “Monthly Activity” reports. Concord Township Board of Supervisors January 3, 2012 Public Meeting Minutes Page 4

Resolution No. 8-2012 Liquid Fuels Delaware County Aid Request was approved on a motion by J. Gillespie and seconded by K. O’Donoghue. This is the Township’s application for aid from Delaware County for the 2012 Road Program.

Resolution No. 9-2012 Building MEP Fee Schedule was approved on a motion by K. O’Donoghue, and seconded by J. Gillespie. This schedule for the most part covers building, mechanical, electrical, plumbing, blasting, storage tanks, communication towers, signs, special events, seasonal sales, tents, trailers, and outdoor dining. With the recently-adopted ordinance for inspection of sewer laterals, resale rates were changed to reflect the additional time expended. It was noted that the Sewer Department has found some minor issues in inspections already conducted.

Resolution No. 10-2012 SLDO et al Fee Schedule was approved on a motion by K. O’Donoghue, and seconded by J. Gillespie. The fee schedule covers Conditional Use Applications, Recreational and Open Space Fee-in-Lieu, Sediment and Erosion Control, Subdivision and Land Development, and Zoning Hearing Board Petitions, etc. The only change to this ordinance was the inclusion of a fee-in-lieu for town homes and twins.

Resolution No. 11-2012 Miscellaneous Fee Schedule was approved on a motion by K. O’Donoghue, and seconded by J. Gillespie. This fee schedule covers Bed & Breakfast applications, Building Code Board of Appeals, Commercial/Rental Property, Home Occupation, Massage Establishments, Municipal Services, Road Opening Permits, On-Lot Sewage & Planning Module Review, Solicitation, Tax Collector Services, and Trash Hauler Registration. A charge was added for the township staff review of PennDOT Highway Occupancy Permit (HOP) applications.

The Hrubovcak Planning Module Submission (Resolution No. 12-2012) was approved on a motion by J. Gillespie and seconded by K. O’Donoghue.

J. Gillespie explained the breakdown of the Road Program Certificate for Payment submitted by Inncon and made a motion to approve. The motion was seconded by D. Cappelli and unanimously approved by the Board 1A PennDOT Liquid Fuels $148,193.78 1B Township $130,043.79

On a motion by J. Gillespie, seconded by D. Cappelli, the Board voted unanimously to approve Contract Change Orders 1A PennDOT Liquid Fuels $8,449.60 1B Township $13,581.75

J. Gillespie motioned, D. Cappelli seconded, and the Board voted unanimously to approve the escrow release for Brinton Lake Corporate Center (Phase 7A – Lot 8) Release No. 11 in the amount of $12,226.50 for landscaping, as-built, and monumentation.

Resolution No. 13-2012 – Dedication of Evergreen Drive and submittal for liquid fuels was approved on a motion by J. Gillespie and seconded by C. Morrone. This is conditioned on review and approval by the Township Engineer and Solicitor. The resolution will enable the township to submit for liquid fuels funds. Concord Township Board of Supervisors January 3, 2012 Public Meeting Minutes Page 5

J. Gillespie motioned, K. O’Donoghue seconded, and the Board voted unanimously to accept the following application as complete for filing. It was noted that this plan merely subdivides the property according to the Concord Township/Chadds Ford Township lines:

… Woodlawn Trustees, Inc. (Final Minor/Reverse Subdivision) (Route 202 SB)

OTHER BOARD MATTERS

On a motion by D. Cappelli, seconded by K. O’Donoghue, the Board unanimously voted to approve the Concordville Town Centre Entrance Sign Revision. This allows for an increase to 225 square foot of signage for both monument signs. Under Section 170.1.H(1)(a) the Board has the authority to approve an increase. Additionally, the Route 322 entrance sign will be relocated one foot farther from the road as per PennDOT.

ADJOURNMENT

The Chairman noted that it was his honor to make the presentation speech today for Colleen Morrone on Delaware County Council. He added that Colleen will be resigning from the Board at an upcoming meeting.

With no additional business to conduct, C. Morrone made a motion that the January 3, 2012 public meeting be adjourned at 8:05 p.m. The motion was seconded by J. Gillespie and approved by unanimous vote of the Board.

Respectfully submitted,

Brenda L. Lamanna, Township Secretary