Board of Supervisors Regular Meeting held Tuesday June 2, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday June 2, 2009 commencing at 7:00 p.m. Chairwoman Ms. Silvernail called the meeting to order. Present was Supervisors Mr. Hensel and Ms. Horan, also in attendance were Mr. Pompo Township Solicitor, Mr. MacCombie Township Engineer and Zoning Official, and members of the community.

Ms. Silvernail announced that the Board met in executive session on Tuesday May 5, 2009 at 9:30 am to discuss police issues and on Wednesday May 13, 2009 at 10:00 am to discuss personnel matters and on June 2, 2009 at 6:30 to discuss legal matters.

A moment of silence and pledge of allegiance was observed.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to waive reading the previous meetings minutes. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to adopt the minutes of the previous meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Police report. Chief Groce reported that for the month of May the police patrolled 3006 miles and handled 159 complaints from the public for; 3 thefts, 6 suspicious persons, 4 911 hang-ups, 19 alarms, 2 burglary, 8 domestics, 14 accidents, 4 disturbances, 3 assist to other departments, 1 harassment, 3 criminal mischief, 8 animal. He reported 12 traffic citations for 1 parking ticket and 7 criminal arrests for 1 retail theft, 3 burglary and theft, 1 DUI, 1 PFA violation, 1 public drunk. Patrol activities are 23 traffic checks, 14 property and business checks. Chief Groce stated that the police department was honored by state and local government officials and the residents of Coatesville for their participation in the arson investigation that occurred earlier this year. The Chief stated that all awards are on display in the Township lobby area. The police department received a letter of appreciation from Carol Dunn director of the Upper Octorara Pre School for Sergeant Rancks assistances in removing a 15 month old child from a locked vehicle.

Township Engineer report. Mr. MacCombie reported that a final inspection has been completed for the traffic signal at AIM Boulevard and minor issues were reported. Mr. MacCombie has prepared construction releases for the Boards review and approval, Charles Higgins & Sons, Inc to be paid out of the Keystone cash escrow currently being held by Patrick O’Donnell in the amount of $18,038.48. Mr. MacCombie prepared a release in the amount of $1,267.50 from Meeting House Properties cash escrow made payable to Sadsbury Township to reimburse for engineering services. Mr. MacCombie prepared a construction release for Gateway Church in the amount of $104,724.24 for the board’s consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release for Charles Higgins & Sons Inc to be paid from the Keystone escrow currently being held by Patrick O’Donnell in the amount of $18,038.48. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release to Sadsbury Township from the Meeting House Property cash escrow account to reimburse for engineering services in the amount of $1,257.50. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release for Gateway Church in the amount of $104,724.24. With there being no questions from the public, Ms. Horan voting “aye”, Ms. Silvernail voting “aye”, Mr. Hensel abstained, the motion passed.

Mr. MacCombie reported that Morris Lane, North Street and Stove Pipe Hill have been paved and adjustments to the driveways will occur along with the back filling some areas. Mr. MacCombie presented the Board with a 2009 proposed resurfacing project cost estimate. Mr. MacCombie stated that resurfacing work for Compass Road includes scratch coat leveling course and would cost approximately $22,500.00, the road resurfacing work for Old Mill Road includes scratch coat leveling course 2” of binder course and 11/2 of wearing course from a point of approximately 300’ North of the Route 30 bypass overpass to the Sadsbury/West Caln Township line would cost $42,300.00. Mr. MacCombie stated that there is not enough money in the budget to completely finish Compass Road; he estimates that it would cost $150,000.00 to complete, but the scratch leveling course would last a few years until more funds become available. The Board discussed that is was a good idea to put the Compass Road job out to bid. Monica Bon Miller asked exactly what materials will be used? Mr. MacCombie said the material is wearing surface that will fill the pot holes and level the road, it seals the road but is only a temporary fix. Monica Bon Miller asked why fix it temporarily and not permanently? Mr. MacCombie stated that funds are not available in the Township’s current budget. Ms. Silvernail added that the Township is being affected by the economic downturn, with not new construction and less transfer taxes it is unknown when the economy will get better. Mr. MacCombie discussed the Act 537 Resolution and explained that the Township wrote a letter to the Township Planning Commission that stated the Board found the responses from Pennsylvania American Water Company to be acceptable. Mr. Pompo stated after reviewing the Resolution he has no objections to the Board adopting it.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2009-03 being the Act 537 Pennsylvania Sewage Facilities Act as amended. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitors report. Mr. Pompo reported that the appeal of Arcadia Associates will be heard by oral argument at the Chester County Justice Center on June 24, 2009. Mr. Pompo reported that he has received a written statement from Lincoln Crest Management accepting the conditions of the conditional use. Mr. MacCombie stated that Lincoln Crest Management wants to hire an architect that is not registered and is requesting a waiver to hire him without registration. The Board agreed to object the request. Mr. Pompo met with Jason Duckworth representing Arcadia and Mr. Duckworth is requesting that his plans be broken down into sub phases; he stated that Mr. Duckworth is intending on submitting additional plans that will show 6 sub phases which will make it more cost effective for them. Mr. Pompo said that the Township has a new fee schedule in place.

Township Planning Commission report. Mr. Lymberis reported that the Planning Commission met at it’s regular schedule on May 13, 2009 and conducted the following business. Sadsbury Commons Conditional Use Review, the applicant continued discussions regarding the proposed Town Center Shopping Center project, some major topics of interest are: vehicular and pedestrian traffic circulation, the proposed loop road and its design, location of the gas station facility, the buffer between Hershey Lane and the project, landscaping, and lighting. No recommendation to the Board at this time. The Planning Commission reviewed Valley View Business Park Lot 3 lot line change; the commission recommended the Board of Supervisors approve the plan. The commission reviewed the Maple Avenue Subdivision plan, the applicant proposes to divide two lots into three lots, there are two existing homes and one new lot proposed, the new lot would be on public water and on lot sewer. No action was taken

Township Zoning report. Mr. MacCombie reported that his office reviewed a deck application at 503 Fox Trail. Mr. David Billon met with the National Guard for lots 2 & 3 Valley View and states they plan on submitting plans to the Township in the future. Mr. MacCombie did an inspection regarding a complaint received for a paving business being run from a resident on Forrest Lane; Mr. MacCombie did two on site inspections and found nothing. Mr. MacCombie reported that he received a complaint regarding a fence located at Belvedere Avenue and upon an inspection of the property it does appear that the fence does extend into the front yard and the Township Ordinance does not allow for front yard fences. The fence is in violation of the code and a violation letter will be sent to the resident. Ms. Franco stated that she spoke to the paving company that was located on forest lane and she said she told them that they are in violation of the Township Zoning code so they moved to West Brandywine.

Township Road report. Mr. Turner reported that the road crew filled pot holes throughout the Township and the roadside mowing is complete. A bridge inspection for maintenance work is in the process. All fluids, belts and hoses are checked daily in all Township vehicles. Total equipment hours are 24 and vehicle miles are 401. Mr. Turner stated that the no trucks signs have been ordered for Meeting House Lane. Ms. Bon Miller requested no truck traffic signs for Compass Road. Mr. MacCombie stated that Meetinghouse lane is already warranted to have the signs placed with the weight restriction Ordinance, he added that the Township would need to complete a study of Compass Road before creating an Ordinance to place no truck traffic signs. Mr. Robert Silvernail asked where the truck traffic is coming from on Compass Road. Dana Boyd a resident of Compass Road stated that there are milk trucks, hay trucks, stone trucks, porta pot trucks on this road. Mr. MacCombie is to get figures back to the Board on the estimated cost of the study.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of May a total of 9 alarms were answered for; 2 house, 1 standby, 1 automatic alarm, 1 auto accident, 3 gas leaks outside, 1 electrical fire outside. The alarms were answered for the following; 2 Parkesburg Borough, 4 Sadsbury Township, 1 East Fallowfield, 1 West Brandywine, 1 Kennett Square Borough. Total time in service was 4 hours and 23 minutes.

Sadsburyville Fire report. No report given.

Emergency Coordinator Update. Mr. Taylor provided the Board with copies of the Certificate of Training for the Pennsylvania State Fire Academy for successfully completing 4 hours of approved instruction in the course NIMS-IS 100, 12 hours approved instruction in the course NIMS –IS 200 and 4 hours of approved instruction in the course NIMS –IS 700.

Township Park Committee report. Ms. Horan reported that the refreshment stand has been in operation during the baseball games. A punch list has been provided to Mr. MacCombies office regarding issues with the new facilities. Ms. Horan announced that Heritage Day at the park is scheduled for June 27, 2009 and Community Day at the park is scheduled for August 22, 2009. Mr. Pluck reported that Mr. Sileski offered to purchase and install a fan in the park building at no charge to the Township. The Board agreed not to have any issues with this request. Mr. Pluck stated that he and Ms. Horan purchased a picnic table and donated it to the park, they placed it beside the refreshment stand so that food could be purchased and eaten right there.

Payment of Invoices: Ms. Silvernail made a motion, seconded by Mr. Hensel to approve the May general fund invoices in the amount of $73,242.58. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the May sanitary sewer invoices in the amount of $37,393.01. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the May payroll in the amount of $28,548.78. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the May auto insurance renewal in the amount of $17,866.00. With there being no questions from the public, the Board voting “aye”, the motion passed.

New Business:

The Board discussed a Resolution that would fix the time and place of a public hearing for an amendment to the Sadsbury Township Zoning Ordinance of November 2001, to provide for a Town Center Commercial District. Mr. Pompo stated that currently the Board is in the process of a Conditional Use for a Town Center use. Mr. Lymberis asked if the Planning Commission can review the Resolution and make any comments for the hearing date. Mr. Pompo stated “yes”.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2009-04 a Resolution that will fix a time and place for a public hearing for an amendment to the Sadsbury Township Zoning Ordinance of November 2001, to provide for a town center commercial district. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Doug Howe presented the Board with an update for Keystone Helicopter road crossing. Ms. Silvernail recuesed herself from any decision making regarding this applicant due to a business relationship and turned the meeting over to Mr. Hensel. Mr. Howe stated that they are requesting the placement of the underground sleeve before the Washington Lane Paving Project gets underway. Mr. Howe stated that currently the owner of the property is Valley View but Keystone Helicopter is in the process of purchasing the property and building. Mr. Howe stated that the paving project is underway by B & J Paving Company. Mr. MacCombie stated that he has reviewed the plans and does suggest the placement of the sleeve be done now then after the paving has taken place. Mr. Hensel and Ms. Horan agreed.

The Board discussed creating a Uniform Construction Code appeals board. Mr. Pompo stated that this board would have had 3 board members but since the Board of Supervisors adopted the UCC as the Township’s building code in 2004, section 4 establishes a 5 member board to consist of an artictict, engineer, plan reviewer and individuals with construction experience, the UCC prefers Township residents but it is not required. Mr. Pompo discussed with the Board a draft Ordinance that would authorize the Board to enter into an intergovernmental cooperation agreement of members known as the Western Chester County Regional UCC Board of Appeals a body for the joint administration and enforcement of the construction code.

Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize the advertisement of an Ordinance that authorizes the Board of Supervisors to enter into an intergovernmental cooperation agreement to participate in the Western Chester County Regional UCC Board of Appeals. With there being questions from Mr. Silvernail being is this to regionalize the Township? Mr. Pompo answered “no” it’s a limited purpose for only an appeals board, the Board voting “aye”, the motion passed unanimously.

The Board reviewed an exoneration of per capita taxes and personal taxes for the 2008 year for a Township resident. The Board discussed economic times are hard for all right now, if they exonerate this resident will it start a trend? Mr. Lymberis made a comment that if this is a resident that has been exonerated for years then why not exonerate them and not accept any new applications.

Ms. Silvernail made a motion, seconded by Ms. Horan, to decline the 2008 per capita and personal tax exoneration request. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. DeSimone a Township resident from 25 Wick Drive along with his lawyer Alan Jarvis stated that Mr. DeSimone is in the process of placing an in ground pool in his back yard and according to the Township’s 1985 codes states that when it comes to a fence the dwelling cannot be considered as one side of the fence. However the 2003 Uniform Construction Code states that a dwelling can be considered as one side of the fence as long as the doors are alarmed. Mr. DeSimone presented the Board with the 2003 Boca Code referring to swimming pools, spas and hot tubs and drawings of his back yard showing the differences between the 1985 and 2003 regulations. Mr. Pompo states that the 2003 Boca Code does supersede regulations and documentation, however the more stringent code that was already in place can still be enforced. Mr. DeSimone showed the Board door alarms that would be placed on his back doors if the Board granted him to place the fence using the dwelling. Mr. Pompo stated that a fence around the entire pool is more stringent. Mr. Hensel stated that his opinion is to update the Township code to the 2003 Boca, Ms. Horan agreed. Robert Silvernail asked if the Township allows the dwelling be part of the fence surrounding the pool is the Township liable if a safety issue occurs? Mr. Pompo stated “no”. The Board agreed to go with the updated Code of 2003 and gave Mr. Pompo direction to prepare the amendment.

Mr. Bill Washington a Township resident thanked the Board for doing a great job, the dust is down on Spruce Street in Pomeroy and truck traffic is down and police presence is known. Mr. Washington presented the Board with pictures of the neighboring house, tall grass, weeds and rodents. He stated that the address of the property is 29 & 25 Spruce Street. Mr. Washington stated that this property is up for sale by ReMax Realtors and the lawn has not been cut and the owner lives in TN. The Board told Mr. Washington that complaints have come in regarding this issue and violation notices have gone out, if the owner or realtor does not cut the lawn the Township will cut it and lien the property.

Larry Hendrickson representing Valley View Business park Lot 3 located on the East side of Washington Lane presented that Board with a request of final plan approval. He also reminded that Board that he met with the adjoining property owners and they were all in agreement to the change. The Township Planning Commission made a recommendation to the Board to allow for the lot line change to occur that would transfer parcels of land to adjacent lot owners. Mr. MacCombie stated that he has no issues with the Board giving an approval.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to give final approval of the subdivision land development preliminary/final plan of Valley View Business park lot 3 located on the east side of Washington Lane lot line change. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Mr. Merton Sellers, representing the Pomeroy Methodist Church stated to the Board that the church sign was taken down along Lincoln Highway during the sanitary sewer project and was not put back up after the completion of the project. Mr. Sellers stated that several years ago the Road Department agreed to help them put signs up that blew down along Old Wilmington Road. The Board stated that Old Wilmington Road and Lincoln Highway are State Highways and if the Township Road Crew helped it was a courtesy to the church but the Township is not allowed to post signs along State Highways. Mr. Sellers asked if they could put the signs back up? Mr. MacCombie stated that if the sign location is along State Road right of ways then they need a permit from PennDot and offered to provide them with a phone number.

Mr. Washington complained about 4 wheelers and dirt bikes constantly running up and down the rail road tracks. The Board stated that it is Amtrak property. Alan Eagles stated that the timing is off on the traffic signal located at AIM Blvd, he said the light stops traffic on Lincoln Highway even when no traffic comes from the industrial park.

John Lymberis commented that the machine shop property is currently being cleaned up.

With there being no further business, Ms. Silvernail made a motion, seconded by Ms. Horan to close the regular meeting of the Board.

With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer