BIRMINGHAM TOWNSHIP BOARD OF SUPERVISORS MINUTES JUNE 1, 2015

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1 BIRMINGHAM TOWNSHIP BOARD OF SUPERVISORS MINUTES JUNE 1, 2015 The regular meeting of the Board of Supervisors was called to order at 7:30 PM in the Township Building by Chairman Conklin with the pledge of allegiance. A quorum of Supervisors was declared. John Conklin - Chairman, Board of Supervisors William Kirkpatrick - Vice-Chairman, Board of Supervisors Scott Boorse - Member, Board of Supervisors Chairman Conklin moved to approve the May 4, 2015 minutes as written. Mr. Kirkpatrick seconded the motion and the minutes were unanimously approved. Mr. Kirkpatrick moved to approve the bills submitted for payment. General Fund bills totaled $79, Sewer Fund bills totaled $37, Mr. Boorse seconded the motion and the bills were unanimously approved. PUBLIC COMMENT The Commonwealth of PA Sunshine Law Act 93 (as amended in 1998) requires public comment to be held before official action is taken. There was no public comment. SPRING MEADOWS DEVELOPMENT RE: EMERGENCY ACCESS At the May 4 th Township meeting, Robert Schwan read a letter to the Board complaining about the traffic on Rt. 926; the length of time it takes to get to the Spring Meadows development because of the traffic; and the desire to use the emergency access through Spring Meadows and Radley Run as a paved thoroughfare. Bill Barrett, 1116 Sherbrooke Drive, said that he lived adjacent to the emergency access and he has been maintaining the easement area for the past 25 ½ years. He said that he has conferred with legal counsel and he has been informed that since no action was taken by the Township to make the easement area an access that the public property rights are extinguished since so much time has passed (over 21 years). Chairman Conklin stated that the Supervisors heard the request for the connector road at the May 4 th meeting and there have been no plans expressed by the Board to build the road and that the issues addressed appear to be issues for the homeowners association. HARKINS LETTER RE: NEIGHBOR COMPLAINT The Township is in receipt of a letter from Kathleen Harkins, 762 Brinton s Bridge Road, complaining about the number of blue barrels that are lined up on the property line between her and her neighbor, Victor Leonhard. Mrs. Harkins claims that Mr. Leonhard intends to use the barrels for fencing. Mrs. Harkins said that a condition of approval for the landscaping business was that there was to be no outside storage. Besides the outside storage of the blue barrels there is a pile of firewood stored outside. Mrs. Harkins also complained about the Leonhards parking a diesel fuel burning truck for hours at the end of the driveway next to their property leaving it to

2 idle and annoy the neighbors. Mrs. Harkins feels that Mr. Leonhard s actions are all retaliation because they weren t in favor of the landscaping business as a neighbor. Rich Jensen, Zoning Officer, said he has inspected the property. The barrels come from Stoltzfus RV & Marine and were used for anti-freeze but they are empty and free of chemicals. He said that there are no regulations prohibiting the Leonhards from using the blue barrels for fencing material. Mr. Leonhard does have an obligation to keep the materials for the landscaping business in the storage building. He said that this appeared to be a civil matter and not a Township issue. He said that Mr. Leonhard is doing this for spite to aggravate the Harkins and he appears to be succeeding. Mr. Boorse confirmed with Mr. Jensen that he had been at the Leonhard property last week and that the barrels are not being used for the landscaping business. Mr. Harkins thought the Township should adopt an ordinance to prevent the blue barrels from being placed on the property line. Chairman Conklin told the Harkins that he would not support spending Township funds on a neighbor harassment issue. BRANDYWINE VALLEY SCENIC BYWAY COMMISSION (PARTICIPATION) The Township is in receipt of correspondence from the Brandywine Valley Scenic Byway Commission (BVSB) requesting the Township s reconsideration to participate in the BVSB. The purpose of the BVSB is to preserve the historic resources, open space, and beauty of the scenic corridor which includes Route 52, Creek Road, and Route 162. Chairman Conklin stated that Birmingham Township participated in the project s early years as it was helpful for the BVSB to pursue grant opportunities with the Township s participation, but the Board chose to terminate participation since the Byway only included 400+ feet of Birmingham Township. Creek Road was subsequently swept into the group but the problem with Creek Road is wetlands are right next to the road which inhibits the creation of bike paths and scenic vistas. The BVSB requires volunteers and money from the Township. The Township is tight with its money and short on volunteers. Chairman Conklin said he would not make a motion to join the BVSB. Supervisor Boorse agreed stating that the benefit of participation by the Township was minimal. RESOLUTION TO APPOINT BBD, LLP FOR 2015 AUDIT It was duly advertised in the Daily Local News on April 13 th that the Supervisors would be considering a resolution to appoint the certified public accounting firm of BBD, LLP to make an examination of all Township accounts for the fiscal year 2015 for a fee of $5, Sect./Treas. Nelling said that BBD, LLP performed the 2014 audit at the same price and had guaranteed the price for 2015 and Chairman Conklin resolved to appoint the certified public accounting firm of BBD, LLP to perform the 2015 audit at a cost of $5, Mr. Boorse seconded the motion and Resolution # was unanimously approved. SCHEDULE HEARING DATE FOR INFINITI CONDITIONAL USE MODIFICATION The Township is in receipt of a conditional use modification request from Infiniti of West Chester to modify the December 8, 2014 conditional use decision to permit a two story, 2,000 square foot accessory building for additional parts storage which would be located at the southern parking area. Six employee parking spaces will be lost at that location and relocated

3 along the northeastern parking lot which will result in the loss of six car storage spaces. Chairman Conklin moved to authorize advertising for the hearing for Monday, July 6 7 PM. Mr. Kirkpatrick seconded the motion which was unanimously approved. OTHER BUSINESS The Township is in receipt of an updated intergovernmental contract from the Township insurance carrier, PIRMA. The current contract has been in effect since 1996 and the PIRMA Board felt it should be updated. The cover letter with the contract (dated May 26, 2015) lists the minor revisions to the contract. Chairman Conklin moved to approve and execute the updated contract with PIRMA. Mr. Boorse seconded the motion which was unanimously approved. Chairman Conklin stated that the Historical Commission has been reviewing a project that is not under their jurisdiction as it isn t a land development or subdivision application. The meeting was adjourned at 7:57 PM. (JLC;SCB) Respectfully submitted, Quina Nelling Secretary/Treasurer

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