Meeting held Tuesday February 1, 2011

A regular meeting of the Board of Supervisors was conducted on Tuesday February 1, 2011 commencing at 7:00 p.m. Chairwoman Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Ms. Sarbaum, Mr. Pompo Township Solicitor, Mr. MacCombie Township Engineer and members of the community.

Ms. Silvernail announced that the Board of Supervisors met in executive session at 6:00 pm Tuesday February 1, 2011 to discuss possible litigation.

The moment of silence and pledge of allegiance was observed.

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

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

Township Police report.

Sergeant Ranck reported for the month of January that the police department patrolled 3,244 miles and answered 107 complaints for: 1 burglary, 4 suspicious persons, 5 911 hang ups, 17 alarms, 8 domestics, 21 accidents, 2 disturbances, 3 assist to other departments, 3 harassment, 2 criminal mischief, 2 animal, 4 theft. Five citations were issued for 4 parking tickets and one criminal arrest for theft of firearms. Patrol activities included were 13 traffic checks and 23 property business checks. Sergeant Ranck stated that the police department received a check in the amount of $289.28 for restitution for damage done to the Bert Reel Park concession stand last summer.

The Board discussed the complaint received from a resident regarding the use of Jake Brakes within the Township. Mr. Pompo stated that the Township does not have an ordinance in effect restricting the use of Jake Brakes within the limits of the Township. The Township could not enforce an ordinance restricting used due to Penn Dot regulations. Mr. Pompo stated that approximately 10 years ago the Board did have the “no jake brake” signs placed but did not create an ordinance to enforce it because Penn Dot enforces safety codes on certain vehicles. Ms. Bonn Miller stated that this cannot be a Penn Dot issue because it’s a municipal road. Mr. Donovan stated that a jake brake is an assist device to help with the truck stopping; when a tractor trailer is loaded it is difficult to get them stopped. Mr. Grossman stated that the jake brake helps the truck stop quicker. Mr. Yen said if they, as residents called Penn Dot nothing would get done. Will Penn Dot act if the Township, as the authority contacts them? Ms. Horan stated that the municipality would have to approach Penn Dot, request a study be completed, and have an ordinance drafted. Ms. Silvernail said if the Township went through with all the costs associated with drafting an ordinance, the police cannot enforce the ordinance because of Penn Dot regulations. Mr. Yen asked how much it would cost the Township. The Board stated advertisement, draft ordinance, signage, enforcement, and engineering issues for sloped roads; it could be costly. Ms. Bonn Miller asked if the truck drivers could be sited for disorderly conduct for using their jake brakes? Sergeant Ranck said the district court would have to be asked if they would take a disorderly conduct charge against a truck driver for using a jake brake. No action was taken.

Township Engineer report.

Mr. MacCombie reported that the Township received a response from Penn Dot with regards to the Route 10 Octorara Trail speed study in the location near Octorara Road and Route 10. Mr. MacCombie reported that 85% of the speed study was 52 mph; therefore, they declined lowering the speed limit for that area but agreed to place additional signage in that area. Mr. MacCombie reported that he has prepared a construction release #5 for Witmer Properties in the amount of $14,111.17 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release #5 in the amount of $14,111.17 for Witmer Properties per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitor report.

Mr. Pompo reported that the Township’s waste collection contract will expire in 2011. The current collection plan is for (5) years. Mr. Pompo stated that the Board may consider the large totters with lids using a mechanized arm on the truck to collect the waste. The Board expressed an interest in continuing recycling in the Township. Mr. Eagles requested to have a bulk item a month if possible; the Board responded that they will look into this option. The Board agreed to review the material and discuss at the next Board meeting. Mr. Pompo stated that Brandywine Hospital representatives have been in contact with him regarding the renting of the old township office. Mr. Pompo stated that the hospital lease agreement will state $480.00 per month rent due which includes electric and sanitary sewer. The agreement also states that an annual audit for utilities will be conducted on costs. A 30 day written notice for either party to terminate the lease will be in effect. The Board agreed and directed Mr. Pompo to contact Brandywine Hospital on the agreement. Mr. Pompo stated he received two proposals for the codification of the Township Ordinances. The proposals were received from Keystate at $8,668.00 and General Code to cost $17,765.00. The Board agreed to review these proposals and table until the next regular meeting. Mr. Pompo stated that he has prepared a sewer agreement for conveyance of wastewater from West Caln Township through Sadsbury Township. Mr. Pompo stated this is the second agreement with West Caln which is currently under agreement. Mr. Pompo states that this agreement would allow West Caln to connect properties along the Lawrence Tract. The Board will review this agreement. Mr. Lymberis asked where the meter would be placed, Mr. Pompo replied Old Wilmington Road North of the current connection.

Township Planning Commission report.

No report given. Township Zoning report. Mr. MacCombie reported that PJ’s Deli was issued a grading permit. Mr. MacCombie reported that he received a request from Mr. Stoltzfus on Compass Road to build a 3,000 square foot barn and a request from Mr. Zuba to place a wood shop in his home. Mr. Hanaway requested to stockpile stone on his property located on Shamrock Lane and no permit has been issued.

Pomeroy Fire Company report.

Mr. Taylor reported for the month of January a total alarms answered was 14 for 2 odor investigation, 3 auto accident, 2 stand by, 1 assist to police department, 1 ambulance assist, 1 automatic alarm, 1 trees and wires, 1 debris on roadway, 1 gas leak, 1 wires. The alarms were answered for 1 Caln, 1 Atglen Borough, 1 East Fallowfield, 1 Parkesburg, and 10 Sadsbury. Total number of time in service was 10 hours and 41 minutes. Mr. Taylor reported that members of Pomeroy Fire Company participated in 40 training sessions with 420 personnel in attendance totaling 1,158 hours and 45 minutes of training in 2010. Pomeroy Fire Company is a recipient of the 2010 Distinguished Emergency Medical Service Award issued by the Chester County Department of Emergency Services. In 2010 CPR and First Aide classes within the community were offered along with continuing education classes for our emergency medical providers, hands on in house firefighter training including apparatus operator training, vehicle rescues training, and multiple live fire training exercises at the local training facility.

Emergency Management Coordinator Report.

Mr. Taylor reported that he met with Chief Grossman to identify business within the Township with Knox boxes. Two additional Knox boxes will be installed at Keystone Helicopter. Mr. Taylor is acquiring his ISC certification for EMC.

Sadsburyville Fire Company report.

Chief Grossman reported the 2010 yearly reported total number of alarms answered was 122 alarms for 27 auto accidents, 25 buildings, 2 stand by, 9 ambulance assist, 1 false alarm, 2 co2 detector, 14 odor investigation, 19 automatic alarm, 2 vehicles, 7 fields, 2 appliance, 5 wires and trees, 1 helicopter landing, 2 fuel spill. Assists to 28 was 19 assist to 43 was 4, assist to 29 was 9 assist to 44 was 15, assist to 26 was 1 assist to 35 was 2. Chief Grossman reported a total of 34,598 gallons of water were used, pump time was 6 hours and 40 minutes, distance traveled was 358 miles, time in service was 51 hours and 33 minutes, firefighters responding was 779 firefighters hours were 316, property at risk was 10,405,000.00, property loss was $3,500.00. Chief Grossman announced that Sadsburyville Fire Company placed into service a state of the art fire engine to better serve the community the 2011 Sutphen fire engine replaced their 1964 Hahn Autocar. The new engine has 1,000 gallons of water, 30 gallons of class B foam and a 1500 gallon per minute pump. The new engine is equipped with the latest equipment to suppress fires, conduct basic rescue practices and extricate victims from vehicle accidents. The engine cost $357,000 which included a $10,000 discount from the manufacturer. The equipment for the engine cost an additional $50,000. The fire department bought this equipment with a low interest loan through the Pennsylvania Emergency Management Agency and money raised through fund raised by their volunteers and a standard bank loan. Mr. Grossman reported that January 2011 18 alarms were answered for Sadsbury South 1 odor investigation, Parkesburg Borough 1 helicopter stand by and 1 gas leak outside, Caln Township 1 standby, South Coatesville 1 structure fire, Valley Township 1 automatic alarm, East Fallowfield 1 structure fire and 1 fuel spill, West Sadsbury 2 automatic alarms. Traveled 88 miles, time in service was 7 hours and 8 minutes, firefighter’s response 98. Emergency medical response was 18 for Sadsbury 10, West Caln 4, and Valley 4.

Chester County Airport update:

Mr. Roberts reported the 2011 budget was approved and hazard zoning grant paperwork was submitted per the response from Penn Dot. Taxi way repairs were discussed. Currently there is no grant money available. Washington Lane snow fence was installed by Valley Township, runway lights were corrected and additional runway lights are to be repaired. Mr. Grossman asked when Washington Lane is shut down to have a helicopter cross over from the airport to Keystone is there communication with the helicopter in case of an emergency? Mr. Roberts stated “yes” there is communication with the pilot. Mr. Lymberis asked if they have approval to fly the helicopter across. Mr. Roberts stated “yes” they have permission and they don’t fly they hover across. Mr. MacCombie mentioned that Sadsbury Township never gave permission to have the road closed. Mr. Roberts stated that Chief Groce gave permission.

Payment of invoices:

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the January invoices in the amount of $97,901.02. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the January payroll in the amount of $32,285.22. 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 January sanitary sewer invoices in the amount of $27,328.03. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

The Board discussed vandalism issues at the Bert Reel Park concession stand. The lights have been repaired on the building and are functioning properly. The pole light is not working. The Board requested the Township contact an electrician with a bucket truck to get an estimate on repair or replacement.

Mr. Charles Differ Engineer representing Mr. Mark Madanat owner of Little Anthony’s Pizza to discuss the next step to connect the business to public sewer. Mr. Differ stated that he attended a meeting with Valley Township and made the request to connect to their sanitary sewer lines and Valley is in agreement contingent upon approval of an inner municipal agreement, approval from DEP, approval of a maintenance agreement and Little Anthony’s would become a Valley Township customer. Mr. Differ stated that he received correspondence from All County Partnership with 7 items listed that would need to be resolved before All County would agree to the connection. Mr. Differ provided the Board with a copy of All County Partners letter. Mr. Differ asked which connection would be closer for Mr. Madanat to connect and stay within Sadsbury Township. Mr. MacCombie stated at the new Keystone Helicopter building on Washington Lane or AIM Boulevard and Independence Way. The Board stated that if Mr. Madanat makes a connection to Valley Township sanitary sewer an agreement and ordinance would have to be created; therefore, Mr. Madanat would need to establish an escrow agreement to cover the expense of Mr. Pompo preparing the documents. Mr. Madanat asked how much for the escrow. Mr. Pompo stated $3,000. Mr. Differ stated that he will look into the costs to connecting into Sadsbury Township sanitary sewer.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to direct Mr. Pompo draft the agreements between Valley Township, Sadsbury Township and Mr. Madanat should Little Anthony’s decide to move forward with connection onto Valley Township’s sanitary sewer line contingent upon the escrow agreement be set up in the amount of $3,000. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed the statewide contract 6810-02 Sodium Chloride for the August 2011 through July 2012 winter season. Ms. Silvernail explained by joining this contract it obligates the Township to purchase up to 140% of the tonnage requirements but must purchase at least 60% of requested tonnage. Ms. Silvernail stated that last year the Township participation was to take 50 tons. The Township has used 70 ton to date this year. The Board agreed to contract 100 tons of Sodium Chloride for the August 2011- July 2012 season.

Ms. Silvernail made a motion; seconded by Ms. Horan, to participate in the Sodium Chloride August 2011-July 2012 contract for 100 tons. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed hiring another part time temporary employee to help out in winter months. Ms. Silvernail stated that currently they have 2 full time employees and 2 temporary winter help employees. The Board agreed that if a state of emergency occurs they can employ help without a vote.

The Board discussed reimbursing Ms. Silvernail the amount of $420.00 for using her credit card to register for the PSAT’s 89 Annual Convention at $140.00 each.

Ms. Horan made a motion, seconded by Ms. Sarbaum, to reimburse Ms. Silvernail the amount of $420.00 for using her credit card information to register for the PSAT’s Convention. With there being no questions from the public, Ms. Horan voting “aye”, Ms. Sarbaum voting “aye”, Ms. Silvernail abstained, the motion passed.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to accept the resignation of Paul Kiely from the Zoning Hearing Board. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed a letter received from Kathy Esworthy regarding 31 Morris Lane and 31 Morris Lane apartment. Ms. Esworthly is requesting to be waived from the sanitary sewer tapping fees and usage invoices even though not connected. The Board recalls discussing this issue in a past meeting and agreed not to grant any waivers on this property.

Ms. Silvernail made a motion, seconded by Ms. Horan, to deny the second request from Ms. Esworthly to waive the fees on the 31 Morris Lane and 31 Morris Lane Apartment. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed Resolution 2007-11 Territory Respond for the Chester County Department of Emergency Services. Mr. Grossman from Sadsburyville Fire Company and Mr. Earl Taylor Pomeroy Fire Company were present for discussion. The Board agreed to review all information from both fire companies and continue discussing and tabled until the next Board meeting.

The Board discussed upgrading the current cell phones at $80.00 each and sign a (2) year contract with AT & T. The current phones are worn out and in need of replacement batteries that cost $50.00 each. The Board agreed to upgrade the cell phones.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to upgrade to new cell phones to cost $80.00 each and sign a (2) year contract with AT&T. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed renewing the (6) month lease to rent the old Township building with Keller Williams. The Board agreed since Brandywine Hospital is in agreement to lease office space not to continue with Keller Williams.

Mr. Lymberis requested a release of escrow funds from the JYF Partners escrow account. Mr. Lymberis states that currently there is $36,498.23 in the account and the Lafayette Square escrow amount is $28,384.47 therefore he is requesting the difference. Ms. Myers Secretary/Treasurer stated that she made a transfer out of the JYF Partners account in the amount of $8,795.00 to cover professional costs incurred by Mr. Lymberis; therefore, there is no money to refund back to him. The money left in the account can be transferred from JYF Partners account to Lafayette Square account.

Ms. Silvernail made a motion, seconded by Ms. Horan, to transfer the remaining money from the JYF account to a new Lafayette Square escrow account. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Earl Taylor thanked Quarry Ridge residents for helping out over recent snow storms by digging fire hydrants out of the snow. The Board thanked Earl for his help during the winter storms and stated that the Road Crew is doing a great job. Mr. Taylor also suggested for residents with hydrants in their yard to adopt a hydrant by shoveling it out of deep snow.

Susan Franco said great job to the road department. Ms. Franco expressed concerns with totter trash cans and steep driveways.

Jerry Ranck requested to use the Bert Reel Park ballfield this coming season and agreed to work with Southern Chester County Babe Ruth League as he has done in the past. Mr. Ranck will provide the proper insurance. The Board agreed to allow Jerry Ranck use the Bert Reel Park field.

With there being no further business, Ms. Silvernail made a motion, seconded by Ms. Horan, to adjourn the Board meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer