Regular Board of Supervisors Meeting Tuesday April 7, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday April 7, 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, Mr. Harry Weaver Township Building Inspector and members of the community.

A moment of silence and pledge of allegiance was observed.

Ms. Silvernail announced that the Board of Supervisors met in executive session on March 11, 2009 at 7:00 pm and on March 26, 2009 at 8:30 am to discuss police matters.

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. Sergeant Ranck reported for the month of March the police department patrolled 2,776 miles and answered 108 complaints from the public for: 1 theft, 5 suspicious persons, 1 911 hang up, 16 alarms, 2 animal, 4 domestics, 10 accidents, 5 disturbances, 2 assist to other departments. Sergeant Ranck stated that there were 14 traffic citations issued for the month and 2 parking tickets. Patrol activities included 15 traffic checks, 46 property business checks. The police department received several complaints of dirt bikes and ATV’s on Hammond Drive and Compass Road. Drug Books are available free in the main lobby of the Township office. A Reason for Tears is for parents that need information on various types of drugs should they suspect drug use in teenagers. Sergeant Ranck stated that the 2003 Dodge Intrepid has a bad transmission and needs new tires and a sway bar; he said the costs to repair are approximately $3,000.00. The Board discussed on whether they should make the repairs or put the vehicle out to bid. The Board discussed that the police department currently has a new Ford and an older Ford and a Durango in service. The Board agreed to put the 2003 Dodge Intrepid out to bid.

Ms. Silvernail made a motion, seconded by Ms. Horan, to put the 2003 Dodge Intrepid Police vehicle out to bid in “as is” condition. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Engineers report. Mr. MacCombie reported that all insurance issues have been ironed out with Amtrak and the sewer project will begin to move forward in the North Street section of the Township. Mr. MacCombie stated that he has prepared (2) construction release’s for the Boards consideration for Cumberland Insurance one is to release funds from a base account in the amount of $1,174.58 and the other is a letter of credit reduction certificate of completion in the amount of $550,942.92 leaving a remaining balance to be $61,215.88 to comply with future development.

Ms. Silvernail made a motion, seconded by Ms. Horan, to release to Cumberland Insurance from a base account the amount of $1,174.58 as recommended by Mr. MacCombie. 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 letter of credit reduction certificate of completion in the amount of $550,942.92 as per Mr. MacCombies recommendation. With there being questions from Mr. Lymberis regarding a future phase for the parking lot, Mr. MacCombie stated that a remainder of $61,215.88 has been put aside for that project, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that he has prepared a construction release for All County Partners in the amount of $71,508.75 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve a construction release to All County Partners in the amount of $71,508.75 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that Washington Lane is falling apart due to the Valley View project. Mr. MacCombie presented the Board with the drawing of Washington Lane widening and overlay detail. Mr. MacCombie stated that the proposed cart way was 19’ is now 24’ with mill and overlay 3” BCBC and 2” wearing course on the Valley Township portion of the roadway, broom sweep and tack coat existing cart way prior to 3” BCBC overlay on the Sadsbury portion, the culvert at station 13+56 shall be replaced with a 19” x 30” elliptical RCP culvert. Ms. Silvernail asked the expected life of the road after repairs? Mr. MacCombie said 15 to 20 years. The Board agreed with Mr. MacCombies proposal and requested him to proceed.

Township Solicitors report. Mr. Pompo stated that Lamur Advertising has withdrawn their appeal with the Commonwealth. Mr. Pompo stated that a judgment was issued against Mr. Walker regarding the Zoning Violation of operating a junk yard on his property in the amount of $6,365.88; this fee includes Township Engineer, Township Solicitor, and inspector fees. Mr. Pompo stated that they will continue to monitor this property. Mr. Pompo stated that Arcadia had a dispute with reimbursing the Township for invoices relating to the Township denying their application and that the Township should not bill them for a reimbursement for that portion of the invoice. The Board agreed. Mr. Pompo received a Brief with regards to the Sadsbury Arcadia Associates appeal for violated sewer issued; Mr. Pompo stated that the Township has 30 days to respond. Mr. Pompo recommended the Board schedule the Conditional Use Hearing for Sadsbury Commons. The Board agreed to schedule the hearing for May 5, 2009 at 6:00 pm and to provide an hour.

Township Building Inspector report. Mr. Weaver introduced himself as being an employee for Code Inspectors. Mr. Weaver reported that for the first quarter in 2009 6 building permits were issued for: a utility upgrade, new gazebo, 3 single family homes and one roof over an existing porch. 2 non residential permits were issued for Keystone Helicopter and a temporary tent for Black Walnut Winery, 2 certificates of use and occupancy were issued for Gateway Church and kitchen renovation. Mr. Weaver stated that he has 3 residential permit applications under review for a new in ground pool, a pole barn and a structure built in violation with permits, 2 non residential permit applications are under review for a new building for the Sadsburyville Fire Company and a tenant fit out. 42 contractor registrations have been issued and 14 plumber registrations. 1 legal notice was mailed for the construction of a dwelling with out permits.

Township Road report. Mr. Turner reported that repairs have been made on Old Mill Road guide rail which was damaged by an auto accident the repairs were made by Morgan Rail. Pot holes were filled throughout the Township. The Township received the new Ford F550. The 1983 International needs a front differential which is estimated to cost $2,000.00 for the parts and labor. The road crew checks all fluids, belts, and hoses daily. Both ball fields have been raked and spread with diamond tech. The water has been turned on at the Bert Reel Park. Total equipment hours are 11 and vehicle miles are 1295.

The Board discussed the International needing repairs and requested that the road crew obtain other estimates. Ms. Silvernail stated that the road crew picked up the diamond tech at Brandywine Quarry for the baseball fields. The Board of Supervisors was unaware that there was no charge. Ms. Silvernail requested that the road crew return to Brandywine Quarry to request an invoice for the received material, Ms. Silvernail stated that until now the Township was not aware that Brandywine Quarry was donating free products to the Township. Mr. Pompo stated that the donor has filed various Zoning Challenges against the Township and the Board did not know that products were being donated over the past years.

Township Planning Commission report. Mr. Lymberis reported that the Planning Commission met on April 7, 2009 at 7:00 pm. The Planning Commission discussed the application of Larry and Susan Constable Final Subdivision and Land Development Plan. Mr. Crossan represented the applicant and requested final approval of the plan. The Planning Commission voted unanimously in favor of the plan subject to the Township Engineers review letter dated March 11, 2009.

Township Zoning report. Mr. MacCombie reported that a notice has been sent to Ms. Hinton regarding a pool house that has been turned into a house, with one house already on the property the pool/house makes two and that is not a permitted use, they must remove the pool house. Ms. Silvernail asked if sewer or water permits were issued. Mr. MacCombie said “no”. Mr. MacCombie reported that a written complaint has been received with regards to the Garris property located on Compass Road, Ms. Garris has a apartment complex located in her single family dwelling, a cease and desist notice has been sent. Mr. MacCombie reported a written complaint from a Whitetail Lane resident regarding inappropriate lighting coming from Gateway Church. Mr. MacCombie reported that he walked the property line after dark as part of his inspection and he needed a flashlight to see where he was going, it was dark and no lights were shinning from the church. Ms. Horan asked if the gentlemen complaining knew he was out there walking the property line. Mr. MacCombie stated “no”. The Board suggested that Mr. MacCombie meet with the gentlemen to discuss the issues.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of March a total of 7 alarms were answered for: 2 auto accident, 1 automatic alarm, 1 chimney, 1 fuel spill, 1 stand by and 1 truck. Mr. Taylor reported that the alarms were answered for the following: 1 Atglen Borough, 1 Highland Township and 5 Sadsbury Township. Total time in service was 4 hours and 31 minutes.

Sadsburyville Fire Company report. Mr. Grossman reported that for the month of March a total of 15 alarms were answered for: 3 auto accidents, 2 automatic alarms, 1 vehicle, 1 helicopter landing, assists to 28 2 odor investigations, assists to 43 3 dwelling 1 standby, assists to 29 1 automatic alarm, assists to 44 1 dwelling. Total time in service was 8 hour and 17 minutes. Mr. Grossman also provided the Township with the fire company report from February being a total number of alarms answered was 14 for 1 auto accident, 3 fields, 2 fuel spill, 1 odor investigation, assists to 28 1 automatic alarm, 1 odor investigation, assists to 29 1 auto accident, 1 brush, assist to 44 2 dwellings, assist to 35 1 dwelling. Total time in service was 9 hours and 35 minutes.

Township Emergency Coordinator report. Mr. Taylor reported that he is requesting a document from Mr. Pompo for the businesses that are requesting exemptions for the Knox Box to sign off on. Mr. Taylor said the document should stated that they will provide a key holder that will respond within fifteen to twenty minutes upon receipt of a phone call regarding an emergency at their property or establishment, this would also apply to those business that have security systems. Mr. Taylor has completed his NIMS 100, 200 and 700 courses. A letter was received regarding the hydrant placement request for Spaulding Avenue and Helen Street.

Township Park report. Ms. Horan reported that the park committee has a new hot dog cooker but does not have a base ball playing schedule yet. Elmer Pluck stated that the building has a few minor issues such as the window screen is very hard to push side to side, the entrance door is solid steel with no screen, he has concerns with the summer heat and no air access in that small area, and if the door gets propped open it will allow for bugs. Mr. MacCombie stated that the park committee should create a punch list of items that are in default, the building has a 1 year warranty.

Payment of Bills: Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the March general fund invoices in the amount of $76,419.23. 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 pay the March sanitary sewer invoices in the amount of $34,478.79. 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 pay the March payroll in the amount of $32,811.32. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Tabled Business:

Ms. Silvernail reported that she attended a Township Historical Society Committee meeting to discuss and gather input from the committee for the Board of Supervisors to create an Ordinance to form a Historical Commission that would create Historic Districts. Ms. Silvernail said that Mr. Dauge seemed to be the only one interested in what she was explaining. Ms. Silvernail stated that this commission would be appointed by the Board of Supervisors for a term up to 5 years. Ms. Franco asked if Planning Commission members would be allowed to serve, Ms. Silvernail replied “no” a Planning Commission member cannot serve. Ms. Silvernail suggested that the information be placed on the web site to see if any residents would be interested in becoming a member.

Mr. Sellers presented the Board with cash flow and balance sheets. Mr. Sellers is requesting that the Township pick up the payment for the workman compensation for the full time employees that work for Pomeroy Fire Company. Mr. Sellers said that currently the fire company has 1 full time employee and 2 part time employees. Ms. Silvernail asked if Pomeroy charges for ambulance service. Mr. Sellers replied “yes”. The Board stated that they would review the balance sheets from Pomeroy and talk with Mr. Drozd, and if the Township does decide to help Pomeroy out they must be fair and give an equal amount to Sadsburyville Fire Company. The Board stated that some municipalities charge a tax to help fire and ambulance service. The Board requested that Pomeroy Fire Company provide to the Township the declarations page of their current insurance policy.

New Business:

The Board discussed an amendment request from Sadsburyville Fire Company to change the EMS coverage areas Resolution. Mr. Grossman stated that Parkesburg is requesting their territory back. The Board asked Mr. Taylor if he had comments regarding this request. Mr. Taylor stated it’s the first he’s heard of it. The Board suggested that Pomeroy Fire Company and Sadsburyville Fire Company get together and discuss this Resolution amendment. No action was taken this item was tabled.

The Board discussed a proposal from Menke & Menke to review the Sadsbury Commons Conditional Use Landscape Plan as recommended by Mr. MacCombie. The proposal cost is approximately $1,500.00 and is to be reimbursed by Sadsbury Commons. The Board is in agreement to accept this proposal per Mr. MacCombies recommendation.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the proposal from Menke & Menke to review the Sadsbury Commons Conditional Use Landscape Plan to cost approximately $1,500.00 to reimburse by Sadsbury Commons as per Mr. MacCOmbies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail turned the meeting over to Vice Chairman Mr. Hensel and excused herself from any decisions regarding Keystone Helicopter due to a professional relationship with them. Mr. Bob Ferrucci representing Keystone Helicopter as their safety manager to asked run an IT fiber line crossing at Washington Lane. Mr. Ferrucci stated that Keystone is in the process of purchasing the office building from Valley View located along Washington Lane. The facility will be organized with two assembly lines in the rear open bay area of the building and the front will house office space for the assembly line support, anticipated head count is 100 first shift and 50 second and third shift. The purpose of the sidewalk connecting the Washington Lane building and the Heliplex parking lot is to allow personnel to walk between facilities in order to perform day to day business. Keystone will address all concerns relating to this request. Mr. MacCombie stated that this request is a private line going through a public right of way and would require an agreement with conditions should the Board agree, Pa one call would need to be notified, needs to be visible at all times with flashing lights. Mr. Ferrucci stated that Keystone would take full responsibility of the fees associated with the entire project. Ms. Franco asked if a pedestrian crossed Washington lane at the crosswalk would traffic have to stop. Mr. MacCombie stated “yes” its PA law. Mr. Pluck asked if someone falls crossing the walkway who’s responsible? Mr. Pompo stated Keystone. Mr. Lymberis asked if the crossing will be for pedestrians only. Mr. Ferrucci stated “yes”. Mr. Eagles commented that it’s not safe with all the truck traffic on that road. Mr. Ferrucci stated that regardless of the Township allowing this to happen employees will still walk across; Keystone is trying to make it safe. Mr. Hensel and Ms. Horan agreed with Keystones ideas, and directed Mr. MacCombie look at the design and Mr. Pompo to look at the legal end.

Ken Crossan representing Larry and Sue Constable presented that Board with a request for final subdivision land development plan approval, Mr. Crossan stated that the applicant will comply with the review letter dated March 11, 2009 by Mr. MacCombie, and all Act 209 traffic impact fees imposed by the calculated Ordinance 2008-08 enacted September 30, 2008.

After Board discussion, Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the final subdivision land development of Larry and Sue Constable contingent upon all comments made on Mr. MacCombies review letter dated March 11, 2009, all outstanding fees have been satisfied, contingent upon all subdivision land development, maintenance, escrow, performance, public improvements, deeds of dedication or any similar agreements are acceptable by the Township Solicitor. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed a formal request made from Black Walnut Winery to purchase (4) EDU’s to connect to public sewer and keep (1) in reserve for the future. Mr. MacCombie stated that Pennsylvania American Water Company has this property listed on the connection management plan; therefore they are in the sewer area for connection. Mr. MacCombie stated that the Chester County Health Department assessed the winery as a restaurant and that is how they calculated the daily usage for the winery with a septic system, assumed peak load is 1,520 gallons per daily usage, this number would assume that 760 people were present in one day and each of them used the bathroom. The owners of the winery believe that the average daily use would be less on public sewer. Mr. MacCombie stated that the Township has approximately 150 EDU’s available. The Board stated that since Black Walnut Winery is on the connection management plan they must follow the proper protocol. The Board stated that only EDU’s needed will be available none will be reserved for the future.

The Board discussed renewing the County of Chester Consortium Tier III Agreement for the 2009 year. Ms. Silvernail explained that this agreement is for the County to map all underground storm drains, stop signs, bridges etc. The Board agreed to continue using this service. Ms. Silvernail made a motion, seconded by Mr. Hensel, to renew the County of Chester Consortium Tier III Agreement for the 2009 year to cost $5,000.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed the Township park land being used by the Piston Poppers Motorcycle Club and whether to access fees for usage. The Board stated that all taxes assessed on this property are being paid by Verizon Wireless and that the Township should get a letter from Piston Poppers stating they are a non profit organization and get a certificate of insurance.

The Board discussed an Ordinance pertaining to the authorization of non electoral debt. Mr. Pompo stated that this Ordinance was created for the Township to borrow money for the final phase of the Township sewer project. Mr. Pompo stated that this Ordinance has been advertised as required. Mr. Pompo said that this Ordinance sets forth the terms of the loan, purpose of borrowing the money, method of re payment; this is an inexpensive way for the Township to borrow money through the Delaware Valley Regional Finance Authority. Mr. Pompo added that within the loan agreement is a Del Val Swap Agreement which requires more security to those pending funds, the Township may pre pay at anytime but if the loan is retired too early an additional term charge may be applied, or if the Township would refinance in the future an additional charge may be added because of the swap agreement in place. The Board stated that they are hesitant on moving forward with the economy being in such bad condition. Mr. Lymberis asked what the current interest rate is. Mr. Pompo stated that the documents do not show the current interest, however this interest being in record lows it is probably below 1% with a max of 15%.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to adopt Ordinance 2009-02 pertaining to authorizing of non electoral debt. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Elmer Pluck reminded the Board that the stone around the new bathroom facility has hardened like concrete and has divots in it; ask if the road crew can roll it out. Mr. Pluck also asked who will clean the bathrooms. Lisa Myers will contact the Janice Fryberger to get a quote.

Courtney Sarbaum stated that the Lincoln Crest Mobile Home park has a used car lot in the front of the park. Every other day there are different used cars for sale. The Board stated that they will look into it.

Scott Wilcher complained about the metal shop located along the highway near Harrys’ Restaurant. Mr. Wilcher asked if the Township could make the owner clean it up. Mr. Lymberis stated that he purchased the property and has been slowly getting the metal shop to get cleaned up; Mr. Lymberis stated that he has been in that building for 30 years and doesn’t want to push him out. Mr. Lymberis said he is working on the clean up issues.

Susan Franco announced that clean up day for Old Wilmington Road is scheduled for April 18, 2009. She asked if the Township could place the leash law in the Township Newsletter.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer