April 12, 2006


            The Regular Meeting of the Lower Oxford Township Board of Supervisors was held at the Township Building, 220 Township Road, on Wednesday, April 12, 2006.  Those present were: Supervisors Kenneth L. Hershey and W. Ronald Kepler; Code Enforcement Officer, Deborah Kinney; Building Inspector, John Jackson; Roadmaster, Steve Price; Secretary, Ruth W. Libby; and 24 guests. Absent was Supervisor Arthur A. Astle.


Vice-Chairman Hershey called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance and a moment of silence.


There was no public comment concerning items on the agenda.


Ada Prigg representing the Lincoln Community Concerned Citizens asked about progress on getting sewer lines in Lincoln Village.  They are also concerned about the costs of connecting to the lines. They were brought up to date on the efforts by the Supervisors in search for sources of grants.  Frank McGuirk asked when the Regional Act 537 would be submitted to DEP.  He had read that it was to have been submitted in January.  After discussing the time line for the Act 537 plan, Kepler said that the plans engineered for the previous grant are being reviewed by the Township Engineer. Mike Scott asked if he could look at those plans.  Russell Brown asked if we have a listing of homes in the area and what the limits of the ‘village’ would be. Hershey said that the University and DEP would have a say in how many EDU’s would be available to cover the Village.  Mrs. Prigg asked about any new homes that could be built in the coverage area.  Mr. Scott said that the events that have to happen to get sewer lines seem to be going the way it’s planned.  Mr. McGurk asked if a water line could be placed in the road openings.  Chester Water Company would be responsible for that.


Kepler moved and Hershey seconded to approve the minutes of the following Hearings and Meetings: Conditional Use Hearing January 23rd, Ag Security Hearing March 8th, Regular Meeting held March 8th, Open Space Hearing March 9th and Special Meeting March 9th as presented.  MOTION CARRIED.  .


The Secretary/Treasurer presented the bills totaling $621.09 for the Open Space Fund, and $61,514.49 for the General Fund. A copy is attached to the minutes. Kepler moved and Hershey  ershey seconded that the listing of bills be approved for payment. MOTION CARRIED.


Budget Transfers:  The Secretary/Treasurer presented a budget transfer request for the General Fund and the Open Space Fund.  Kepler Moved and Hershey seconded that Resolution 2006-12 authorizing budget transfers in the amount of $5,610 for the General Fund and $500 for the Open Space Fund be adopted.  MOTION CARRIED.


Fiduciary Transfers: The Secretary/Treasurer said that due to a time crunch, she was unable to prepare the transfer request for tonight’s meeting. However, she requested permission to prepare the transfer before the next meeting.  Kepler moved and Hershey seconded to authorize the preparation of a transfer request of up to $6,000 from the Escrow Fund to the General Fund to be signed by the three Supervisors and Treasurer to pay current engineering, legal and other expenses.  MOTION CARRIED.


Credit card account:  Kepler moved and Hershey seconded that Resolution 2006-13 authorizing a credit card for Lower Oxford Township with Fulton Bank be adopted. MOTION CARRIED.


The following correspondence was noted:

Invitation to attend a Municipal Breakfast at the Oxford Public Library with State Representative Art Hershey & State Senator Dominic Pileggi on April 21st;

Annual operations report from Southern Chester County Emergency Medical Services;

Reply from Department of Transportation on our request to reduce the speed limit on Baltimore Pike.  They are approving a 45 mile per hour speed limit from OxHaven Drive in Oxford to University Drive in Lincoln University.  PennDot will install the speed limit signs.

Reply from State Representative Art Hershey on our request to oppose House Bill 881 concerning the UCC appeals board. 

Letter from Beverly Dickerson, 182 Duck Farm Road opposing the Township permitting additional composting operations;

Letter from Home Builders Association of Chester and Delaware Counties in support of the Township’s existing Composting Ordinance;

Letter to Upper Oxford Township from Ragan Engineering on a review of the Penns Grove Preliminary Subdivision plan for Upper Oxford;

Copy of letter sent to DEP by Frances Jackson concerning the public hearing held by Oxford Area Sewer Authority on April 5th;

Copy of Oxford Area Sewer Authority 2005 Chapter 94 report to DEP;

February & March reports from Union Fire Company;

March State Police reports;

$5000 grant application – Art Hershey’s office said that we did not receive the grant for last year, but said they would support a request for this year if we would want to apply for one.


Form of Memorandum of Understanding: Kepler explained that this Memorandum of Understanding will be for small subdivisions with under $50,000 in improvements and no public roads and would be in place of a tri-party agreement which is presently ironed out between the solicitors for the applicant and township.  Our Township Engineer says that this is used in the other townships he works with successfully.  Kepler moved and Hershey seconded that this standard form for a Memorandum of Understanding be approved for use on subdivisions and land development plans with improvements under $50,000 and without public roads. MOTION CARRIED.


Reports: John Jackson presented his March report that showed six inspections.  Included was one plan review.  Kepler moved and Hershey seconded that the Building Inspector’s report be accepted.  MOTION CARRIED.


Code Enforcement Officer’s report: Deborah Kinney presented her March report that showed nine permits were issued with a construction value of $188,900 resulting in permit fees of $2,257.73. She reported no Certificates of Occupancy and two sign permits were issued.


Violation report:  Mrs. Kinney reported Richetta Moyer’s temporary trailer has been removed from her property.


Subdivision Report:


Dougherty 2-lot Subdivision: The Township Engineer and Planning Commission have recommended approval of this plan contingent on a financial security for public improvements.  Kepler moved and Hershey seconded the Dougherty 2-lot Subdivision Plan be approved subject to DEP approval of the Sewage Facilities Planning Module.  MOTION CARRIED. Kepler moved and Hershey seconded that the Dougherty 2- lot Subdivision be approved by Resolution 2006-15 contingent of the execution of a Memorandum of Understanding and financial security. MOTION CARRIED.


Hearthstone at Oxford:  Kepler moved and Hershey seconded that Resolution 2006-11 extending the approval of the Hearthstone Adult Residential Community be adopted.  MOTION CARRIED.


Roney 2-lot Subdivision:   Mrs. Kinney explained that DEP has requested a new Resolution approving the Sewage Facilities Planning Module for the Roney Subdivision be executed to conform to the dates needed in the application  Kepler moved and Hershey seconded that Resolution 2006-16, approving the Sewage Facilities Planning Module for the Roney 2-lot Subdivision be adopted.  MOTION CARRIED. 


Wilkinson Affinity waiver requests:  Chester Diem III of Regester Associates and Mark Elser of Ryan Homes were present to ask for three waiver requests.   They are:

            Section 506.4 Street Grades – Two intersections cannot meet the 4% grade required.

            Section 512 Blocks Sections – maximum block length

            Section 511.D.6h Stormwater Management -  stormwater basins may be within 15 ft of property lines.


The Planning Commission and Township Engineer have recommended approval of these waivers.  After further questions and discussion, Kepler moved and Hershey seconded that the three waivers requested for the Wilkinson Affinity Subdivision be approved. MOTION CARRIED. 


Mrs. Kinney said that all needed extension letters have been received.  She also said that she is expecting plans for the Hartmaier farm will be submitted soon. 


Kepler moved and Hershey seconded that the Code Enforcement Officer’s report be accepted. MOTION CARRIED.


8:00 P.M. Opening of Bids: 

Sale of Pickup:  Kepler opened the two bids received.  He asked the Roadmaster for his recommendation and Steve Price said “Sell it.”  Kepler moved that the bid for the sale of the existing pickup be awarded to Longs Asphalt for $7,125.00.  MOTION CARRIED. 

Road Materials:  Kepler opened and read the bids for road materials.  After a brief discussion, Kepler moved and Hershey seconded that the bid for stone be awarded to DM Stoltzfus & Son, Inc.  MOTION CARRIED. 

Kepler moved and Hershey seconded that the bid for Diesel Fuel and Heating Oil be awarded to Alger Oil, Inc.  MOTION CARRIED. 

Kepler moved and Hershey seconded that the bid for Sealcoat in place be awarded to McMinn’s Asphalt Company Inc.  MOTION CARRIED. 

Kepler moved and Hershey seconded that the bid for Road Oil be awarded to McMinn;s Asphalt Company, Inc.  MOTION CARRIED. 

Kepler moved and Hershey seconded that the bid for Blacktop be awarded to Independence Construction Materials.  MOTION CARRIED. 


The Board read the March report of activities from the Township Engineer. Kepler moved and Hershey seconded that the engineer’s report be accepted. MOTION CARRIED.  Kepler said that Mr. Fisher has inspected Fieldstone Drive and has recommended that the Maintenance Bond be released.  Kepler moved and Hershey seconded that the Maintenance Bond on the Hilt Subdivision for Fieldstone Drive be released.  MOTION CARRIED.


Regional Act 537 Plan: Bob Yeatman reported that they have finally received the dam permit for the lagoon on the Osborne Farm.  It is presently out for bid and the agreement with the developers indicates it will be financed by them.  The Get-well plan was approved by the Sewer Authority at a special meeting last week.  The only thing left before presenting the Act 537 Plan to the townships is some additional testing on the Ross site.  He projects that the plan will be ready in early June. Kepler asked when they will be coming to the Township for a Conditional Use Hearing on the Ross farm and Mr. Yeatman said as soon as the testing is done.  Jim Pierson asked if a set of plans on that site will be available at the township for viewing.  They will be.


Roadmaster: Steve Price read his March Roadmaster report, which is on file. He reported that the new pickup truck has arrived at the dealer’s. Kepler moved and Hershey seconded that the Roadmaster’s report be accepted.  MOTION CARRIED.


Regional Recreational Authority:  Lee Township announced that a Bingo fundraiser will be held at the fire hall on April 22nd. He also announced that applications are coming in for a soccer camp to be held July 24 to 28 at Bernard Park.  Also announced was the 2006 Oxford Fair to be held August 31st to September 4th at the Recreational Authority’s site on Locust Street.  A website has been set up.


Old Business:  Bernard Park:  The Ball field is done and dirt was hauled away and is ready for the Little League.



Planning Commission vacancy: Kepler said we had four candidates who were interviewed and were all good possibilities for the position.  Kepler moved and Hershey seconded that Jack Rucker be appointed to the vacancy on the Planning Commission.  MOTION CARRIED.


Recreational Authority:  Kepler asked Jim Pierson if he would service in this capacity.  He agreed so Kepler moved and Hershey seconded that Jim Pierson be appointed to the position of representative to the Oxford Area Recreational Authority.  MOTION CARRIED.


Auditor:  No action


Electrical inspectors for UCC:  Kepler moved and Hershey seconded that United Inspection Agency be appointed as the electrical inspectors for building permits and that Resolution 2006-14 Fee Schedule be adopted.   MOTION CARRIED.  Hershey explained that that permits issued after today would be subject to this action.


New business: Ordinance for fire hydrants:  Kepler said the Township presently has four fire hydrants for the benefit of some residents.  One is paid for from a Homeowners association.  Others are billed individually by the treasurer.  Kepler moved and Hershey seconded that the Township Solicitor be authorized to prepare an ordinance for billing residents for hydrant charges with their tax bills. MOTION CARRIED.


Authorize commitment for new application:  Another letter has been received from the County to ask whether the Township would be willing to commit to yet another farm’s development rights. The Robinson farm is mostly in Upper Oxford Township with about six acres in Lower Oxford Township. Kepler moved and Hershey seconded that the county be notified of the Township’s willingness to commit toward this property.  MOTION CARRIED.


In other business, Kepler said that it will be necessary to pay for expert witnesses for the Jones/Losito Zoning Hearing.  Kepler moved and Hershey seconded to authorize paying for any witness called to testify at the Jones/Losito Zoning Hearing. MOTION CARRIED.  


Kepler then said that there has been an issue with the number of trees planted at Wyncote in accordance with the landscaping plan.  There was a discussion with Jane Smelzer, Jim Pierson and Chris Ketterly concerning this.  It was determined that not all the trees have been planted in Phase I and that the home owners association has ceased to be.  It was suggested that Kepler try to set up a meeting with them to meet with Jim Pepple and the landscape architect.


Under Public comments, Vicki Brown asked how the hydrant tax would be determined and what qualifications the new Planning Commission member has.  Jack Rucker gave his resume for the position.


Chris Kettlerty said the Women of Wyncote are going to have a PA Clean Air event on April 22nd and plan to collect trash on Scroggy Road and asked the Township for cones for safety.  Jane Smeltzer said they have been doing this since last fall on Union School, Jackson School and Scroggy roads.


Teri Dignazio said there was an article in the Kennett paper about light pollution and she thought since public sewer is about to be available, the Township should formulate a lighting ordinance so we are ready for the development that will occur.  She mentioned attending a seminar on storm water in London Grove Township.  She also suggested that we hire Walter Leis to review subdivision plans for water issues.  There is an engineering study being conducted on Bethel Road.  She suggested that we begin to assess impact fees on new subdivisions and Land development plans.


Kepler said he wanted to explain the 75% figure he gave at the OASA Hearing last week.  He said about 25% of the EDU’s needed by the township will be for single family residences.  The rest will be commercial and that includes the Hearthstone Adult Residential Community.


Vicki Brown said she can see light pollution from this area on Rt 896 when she’s driving home at night.  Jane Smeltzer said that the light that the mini golf property leaves on is a hazard for people coming out of Wyncote during foggy conditions.


Lee Towner said that the Recreational Authority is working on an ordinance to assess new developments for funds for recreation.


Hershey asked if we could send a letter to the Borough requesting that they consider a traffic light at the entrance to Oxford Square since we don’t know when the Oxford Commons project will be underway.  Mrs. Kinney said that new plans for Oxford Commons were expected in the office any day now.


With no further comments, Kepler moved and Hershey seconded that the meeting be adjourned.  The meeting was adjourned at 9:40 p.m.



                                                                                    Respectfully submitted,



                                                                                    Ruth W. Libby