Regular Meeting held October 6, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday October 6, 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 & Zoning Officer, and members of the community.

A moment of silence and pledge of allegiance was observed. Ms. Silvernail stated that the Board will meet in executive session after the regular meeting today to discuss litigation 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 that for the month of September the police patrolled 3,364 miles and handled 121 complaints for; 8 suspicious persons, 2 911 hang up, 11 alarms, 7 domestics, 5 accidents, 6 disturbances, 4 assist to other departments, 3 harassment, 2 criminal mischief, 1 animal, and 2 theft. There were 17 citations issued for the month for 4 parking tickets, 3 criminal arrests, 1 harassment, 1 DUI, 1 driving under suspension. Patrol activities included 28 traffic checks, 14 property checks. Sergeant Ranck thanked the Road Crew for their assistance with cleaning up an area of concern at the Bert Reel Park. Sergeant Ranck reported that a traffic/speed count for Compass Road from September 3rd to the 8th as follows: the road is currently posted 35 miles per hour, 28 miles per hour was the average speed with 476 vehicles traveling the road. This is less than 100 cars per day. Halloween has been scheduled for Saturday October 31, 2009 6:00 -8:00 pm for kids 12 and under.

Township Engineers report. Mr. MacCombie reported that phase 4 sanitary sewers will be placed out to bid by April 2010. The 2009 road resurfacing project has been completed with a few minor repairs to a bump northbound on Old Mill Road and a cracked sidewalk in Octorara Glen. Mr. MacCombie reported that the Sadsbury Village Enhancement Project should go out to bid April 2010 and the project should be completed by the end of 2011. Mr. MacCombie has prepared a construction release for the Boards consideration for All County Partnership for the amount of $53,499.50 and sent to Valley Township and they have no issues with the release of the money.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release for All County Partnership in the amount of $53,499.50 with Valley Township having no issues with the release of the money 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 he prepared a construction release for Cowan Estates in the amount of $5,275.31 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release to Cowan Estates in the amount of $5,275.31 as per Mr. MacCombies recommendation. With there being no questions from the public, Ms. Silvernail voted “aye”, Ms. Horan voted “aye”, Mr. Hensel abstained, the motion passed.

Township Solicitors report. Mr. Pompo reported to the Board that an Ordinance has been advertised pertaining to schedule of attorneys fees by including new charges and amending fees for legal services. Mr. Pompo stated that Ordinance 1998-7 as amended by Ordinance 2005-09 being Sadsbury Township schedule of attorneys fees would be amended by saying that the Township approves the attorneys fees for services in connection with the collection of delinquent unpaid taxes, use changes and other items covered by the Municipal Claims Law which is determined to be fair and reasonable compensation for services set forth. Mr. Pompo stated that by adopting this Ordinance it allows for the attorneys to set forth and enforce Township liens.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Ordinance 2009-06 pertaining to schedule of attorney’s fees by including new charges and amending fees for legal services. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed with the Board a Resolution that would establish and appoint members to serve as the Board of Appeals. Mr. Pompo read members and expiration of terms are as follows: John Lymberis 12/31/2013, Chris Della Penna 12/31/2012, Dennis O’Neil 12/31/2011, Ronald Scott 12/31/2010, Sandy Martin 12/31/2009, John Callahan 12/31/2013, John Dell 12/31/2013. Mr. Hensel asked if they know a member of the Board should they abstain to any votes, Mr. Pompo stated “no” unless you paid them. Mr. Pompo stated that the Resolution also includes a fee of $500.00 for filing an application to the Board of Appeals.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2009-05 establishing and appointing members to serve as the Board of Appeals pursuant to section 501(C) of the Pennsylvania Construction Code Act 45 of 1999 as amended 35 P.S. section 7210.501 (c) and regulations promulgated at title 34 Pennsylvania Code, part XIV, chapter 403 section 403-121 and establishing a fee for filing an application to the Board of Appeals. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated that he is in receipt of the Subdivision Financial Security Agreement and Subdivision Land Development Agreement of Larry Constable and the original letter of credit written from Fulton Bank in the amount of $14,863.75, this number has been approved by Mr. MacCombie. Mr. Pompo reviewed the agreements and found them to be acceptable.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve and accept the Subdivision Financial Security Agreement, Subdivision Land Development Agreement and the letter of credit as reviewed by Mr. Pompo. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo reported that the Township has a Conditional Use Hearing Continuance scheduled for October 15, 2009 at 6:30 pm for Sadsbury Commons. Mr. Pompo stated that the applicant was not able to get the revised plans to all professionals in time for review and comment so Mr. Pompo suggests re scheduling the meeting until November. The Board agreed to schedule the next Conditional Use Hearing Continuance for Sadsbury Commons to be held on Monday November 23, 2009 at 6:30 pm.

Township Planning Commission report. Mr. Lymberis reported for the month of September the Planning Commission discussed Sadsbury Commons Town Center Commercial Development Conditional Use Plan. Mr. Gill represented the applicant. The plan reflected a significant change to the traffic pattern ingress/egress of the project, there was discussion regarding the changes, the applicant agreed to provide a map which shows the projects relationship to the neighboring properties. Traffic continues to be a primary concern. Questions and comments were taken. No action was taken. The Planning Commission discussed 104 Independence Way, Joe Rosella from D. L. Howell and Associates presented the plan for Witmer Properties. The plan shows a 29,966 square foot building addition. Mr. Rosella stated that the building will be similarly constructed to the existing building. Landscape Architect Joe Orsatti discussed the possibility of a waiver request from the new SALDO landscaping requirements. Questions and comments were answered, no action was taken.

Earl Taylor asked if the name Sadsbury Commons a future shopping center located at Routes 10 & 30 could change the name to something other than Sadsbury Commons due to the shopping center across the street in West Sadsbury is already named Sadsbury Commons. Mr. Lymberis answered that the applicant agreed to change the name of the shopping center.

Clark Faggiolli asked when the Route 30 and 10 shopping center construction will begin. Mr. Lymberis said it is unknown at this time as the applicant is currently going through the Conditional Use process, afterwards they will submit a land development. Mr. MacCombie stated that it is approximately 1 ½ to 2 years out. Mr. Faggioli asked what the Township’s plan is for Compass Road. Ms. Silvernail said that the conditional use is currently underway and no decisions have been made yet. Mr. Faggiolli stated that the road work that was done on Compass Road is greatly appreciated unfortunately vehicles are speeding up and down the road now, he said he got run off the road by a flat bed tractor trailer around 3 in the afternoon. He states concerns because residents on Compass Road walk or jog daily. The Board agreed to have the speed machine placed on Compass Road since the road work has been completed.

Township Building Inspectors report. Mr. Harry Weaver read a report that stated for the third quarter 5 deck permits have been issued, 1 permit for a single family dwelling, 1 finished basement, 1 water service, 1 electrical panel upgrade, 4 certificates of Use and Occupancy have been issued.

Township Zoning report. Mr. MacCombie reported that Avondale Borough agreed to allow Sadsbury Township to borrow their flow meter for flow issues. Mr. MacCombie stated that he has been receiving complaints regarding a paving pick up and trailer being parked on Forrest Drive. Sergeant Ranck reported that he gave a ticket to the truck this morning following a phone call complaint. Mr. MacCombie is going to do an inspection along Frederick Drive with regards to a compliant regarding 15 cars being parked in a driveway.

Township Road report. Mr. Turner was absent. Ms. Silvernail read the report as follows: The Road Crew trimmed branches throughout the Township, a road inspection with Herb MacCombie has been completed and report will follow. The Road Crew sat in on a web cast regarding MS-4 Stormwater Management discharge and elimination. Fluids, belts and hoses are checked daily on all Township vehicles, the new Township building was power washed and light bulbs replaced. Cleaned around the pavilion at the Bert Reel Park and trimmed bushes. Total equipment hours are 15 vehicle miles are 561.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of September a total of 7 alarms were answered for 1 oven, 1 automatic alarm, 1 wires, 2 house, 1 building, 1 auto accident. Alarms were answered for the following: 1 Parkesburg Borough, 2 Highland, 2 Sadsbury, and 2 West Sadsbury. Total persons responding were 49.

Sadsburyville Fire Company report. No report given

Emergency Services Coordinator update. Mr. Taylor reported that he met with Jason Duckworth regarding a fire hydrant issue in the future Sadsbury Park. The issue is over a hydrant in an area that would not be convenient to the fire company to access. Mr. Duckworth stated that this development will not build for a few years, therefore; no hydrant will be placed until then. Pennsylvania American Water Company contacted Mr. Taylor regarding the placement of an additional hydrant on Chestnut Street in Pomeroy. Mr. Taylor determined that a hydrant was not needed in this area due to hydrants already being active on Middle and Chestnut Streets. Black Walnut Winery and Hershey’s Farm Market have been in contact with Mr. Taylor regarding the placement of their Knox Box.

Township Park Committee report. Ms. Horan reported that the committee has been working with a family that lost their son this past summer and wants to donate park equipment to Bert Reel Park in his memory. The family’s idea is a toddler playground with fencing around it approximately a 50 x 50 area. The family is currently participating in fundraising programs to help raise money to help the cause. Mr. MacCombie stated that he sees no issues with this idea as long as it does not interfere with the already stated funded projects that have occurred at Bert Reel Park. Mr. Pluck stated that he has concerns with the adult swing set not being stable on one end and asked if it could be moved. Mr. MacCombie stated that “yes” it can be moved and have the road crew look into the safety of where it is currently located.

Monthly payments:

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the September general fund invoices in the amount of $76,429.18. 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 pay the September sanitary sewer invoices in the amount of $24,230.90. 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 pay the September payroll in the amount of $38,862.35. 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 Pomeroy Fire Company and Sadsburyville Fire Company the amount of $11,046.75 each as per the fireman’s relief fund. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Patrick Cox representing Lincoln Crest Management LLC presented the Board with a preliminary plan submittal to add an additional 50 mobile homes to the park. Mr. Cox stated that Lincoln Crest Management LLC has been before the Board of Supervisors in a Conditional Use Hearing and agrees with Mr. MacCombie s review letter dated January 2, 2009. Mr. Taylor requested to be copied on this plan. The Board agreed to accept the preliminary plans of Lincoln Crest Management LLC contingent upon all fees and documents are in proper order.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Board of Supervisors and their guest officials to attend the annual fall county convention to be held at the Mendenhall Inn on November 5, 2009 to cost $50.00 per registration. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed the proposal from Siana, Bellwoar & McAndrew LLP Attorneys at Law to become the Township’s labor relations attorney. Mr. Hensel asked if the proposal will renew yearly. Mr. Pompo answered that with this proposal there is no contracted time frame. Ms. Horan added that the proposal states that the Township may terminate at anytime the Board wishes to do so.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the proposal from Siana, Bellwoar & McAndrew LLP to hire as the Township labor relations attorney. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail announced that the Township will conduct a compost class to be held on October 28, 2009 at 7:00 pm. All interested residents must sign in at the Township office.

Ms. Silvernail stated that Chief Groce is requesting a registration refund for attending the International Chiefs of Police Law Enforcement Training Conference in Denver. The request is in the amount of $350.00 for registration. The Board stated that no receipt has been provided by Chief Groce due to the fact that he is currently attending the conference. The Board agreed to table this request until the Chief can provide a receipt of payment.

Public Comment:

Doug Brown from Representative Houghton’s office stated that in his attendance of the past Board meetings that the Board is very receptive when it comes to the residents of Compass Roads concerns. He stated that if he can be of help he will reach out to PennDot if needed.

Clark Faggoili asked if it is possible to get the speed limit lowered along Compass Road. Mr. MacCombie stated that the Township completed a study that showed in the 85% 41 miles per hour was the speed traveled along Compass Road. Mr. Faggoli asked Mr. MacCombie when the last time he drove Compass Road. Mr. MacCombie replied just this past Sunday around noon time. Mr. MacCombie told Mr. Faggoli that he is welcome to see the most recent traffic study for Compass Road. Mr. MacCombie stated that if the Board wishes he can borrow the traffic tapes again and place them in a different location.

Earl Taylor stated the read the minutes of the last meeting and asked if the Board received the information from Chief Groce with reply to the CDL issues. Sergeant Ranck stated that if the Township declares a snow emergency it throws out all CDL laws.

Susan Franco stated that after this meeting she will be giving the Planning Commission report at each Board meeting. Ms. Franco stated that the paving truck and trailer are being parked at a residence on Forrest Drive.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer