Regular Meeting held September 1, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday September 1, 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.

Ms. Silvernail announced that the Board met in executive session on August 4, 2009 following the regular meeting to discuss police matters. The Board of Supervisors met in executive session on September 1, 2009 at 6:30 pm to discuss police matters. Ms. Silvernail announced that the Board intends to meet in executive session following the regular meeting to discuss legal issues.

A moment of silence and pledge of allegiance was observed.

Ms. Silvernail made a motion, seconded by Ms. Horan 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 August a total of 3,364 miles were patrolled and 130 complaints were received for: 11 suspicious persons, 7 911 hang ups, 9 alarms, 11 domestics, 18 accidents, 4 disturbances, 4 assist to other departments, 2 harassment, 6 criminal mischiefs, 2 animals, 1 burglary. 6 citations were issued for the month and 2 parking tickets and 5 criminal arrests for 2 harassment, 1 forgery, 1 felony hit and run, 1 public drunk. Patrol activities were 4 traffic checks and 43 property business checks. The police department participated in Community Day and issued 25 children ID kits with pictures. Chief Groce stated that the Police Department and Board of Supervisors discussed settlement of a police contract for the next (5) years.

Ms. Silvernail made a motion, seconded by Ms. Horan to approved the Collective Bargaining Agreement between Sadsbury Township and Sadsbury Township Police Officers Association as presented on September 1, 2009 for a period of (5) years. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Engineer report. Mr. MacCombie reported that Burkholder Paving will begin the resurfacing project on Compass Road and repair the Octorara Glenn walking trail. Mr. MacCombie stated that a resident that lives at 6 North Street has contacted his office to say he wants to tap into the public sewer but cannot due to the lateral being in the rear of his property and the neighbor will not let any equipment cross their property to get to 6 North Street. Mr. MacCombie stated that a back hoe must cross neighboring property to allow connection to the sewer. Mr. Pompo stated that the contractor cannot cross over the property without permission; he suggested that maybe the Township can ask for permission. Mr. Pompo stated that the Township can temporally condemn access but the Township would have to pay damages. The Board stated that they do not want to do that. Mr. MacCombie reported that he talked to Higgins Contractors as requested by Chief Groce to give the Township a proposal on installing a battery back up on the traffic signal at Old Wilmington Road and Lincoln Highway. Mr. MacCombie has not received a quote yet. Mr. MacCombie said that he talked to Penn Dot with regards to a red stay light that would activate green when it sees activity at Independence Way and AIM Boulevard. The permit would need to be modified and Penn Dot said they will not allow it.

Mr. MacCombie stated that there is a lot of scum and grit at the bottom of the wet well at the Pomeroy Pump Station and requested that the Secretary get quotes to have it cleaned. Mr. MacCombie stated that the quotes are as follows:

Mr. MacCombie made a recommendation that the Township hire Pipe Data View to clean the wet well at the sanitary sewer pump station in Pomeroy. Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the quote from Pipe Data View in the amount of $1,200.00 to clean the wet well at the sanitary sewer pump station in Pomeroy. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie provided the Board with proposals for core testing at Compass Road, the quotes were as follows:

Mr. MacCombie stated that he borrowed a traffic counter tapes from West Brandywine Township and placed them on Compass Road just north of Skiles road. The readings were as follows:

Mr. MacCombie stated that 28 trucks in total traveled (5) days and 842 vehicles. He stated that is a total of 3.33 % of total traffic and does not warrant having a core weight limit study done. Mr. MacCombie stated that Compass Road was mentioned in the Board of Supervisors Conditional Use Hearing to suggest making Compass Road one way south to North with possible turning lanes. The Board agreed with Mr. MacCombie and stated that is not enough traffic to warrant a core bore sample test be done on Compass Road.

Ms. Silvernail made a motion, seconded by Ms. Horan, not to take action on the road bore for weight limit on Compass Road as per Mr. MacCombies recommendation that there is currently not enough truck traffic to warrant the study. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has prepared a construction release for the Boards consideration for Black Walnut Winery in the amount of $17,699.50.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release for Black Walnut Winery in the amount of $17,699.50. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that he prepared a letter of credit reduction for All County Partnership for the Waverly Boulevard construction in the amount of $150,969.74.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release for All County Partnership in the amount of $150,969.74. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that Sadsbury Park had begun to do grading work on site along Old Wilmington Road and Quarry Road with proper signature of the bond agreement and permit agreement. Mr. Pompo stated that the reason Sadsbury Park applied for this permit is to install pipe along (2) stream crossings with Pen Dot approval and this permit would soon expire. Mr. Pompo stated that all bond and escrow agreements are in order for the Boards approval and signature.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to execute the escrow and bond agreement with Sadsbury Park to complete (2) stream crossings. With there being no questions from the public, the Board voted “aye”, the motion passed unanimously.

Township Solicitors report. Mr. Pompo stated that he is in receipt of an inspection report for the old Township office space. Mr. Pompo stated that the report allows for recommended types of uses. Mr. Pompo stated that some minor improvements would need to be made and the Board agreed to let the tenant make the improvements. The Board directed the Secretary to contact the realtor to have the office space listed for rent in “as is” condition. Mr. Pompo presented the Board with a license agreement between Sadsbury Township and Keystone Helicopter Corporation. Mr. Pompo stated that this agreement says that Keystone will pay the Township an annual fee in the sum of $2,500.00 and Keystone has agreed that any and all costs including but not limited to the Township’s administrative, engineering, inspection, permitting costs and legal costs associated with installing, constructing, operating, maintaining and repairing the crosswalk, communications run licensed area and the temporary work areas shall be borne by Keystone. Keystone has agreed to reimburse the Township the amount of $5,357.50 for the Township’s costs. Ms. Silvernail recused herself due to a business relationship with the applicant.

Mr. Hensel made a motion, seconded by Ms. Horan, to accept and approve the license agreement between Sadsbury Township and Keystone Helicopter Corporation. With there being no questions from the public, Mr. Hensel voting “aye”, Ms. Horan voting “aye”, Ms. Silvernail abstained, the motion passed.

Mr. Pompo discussed a Municipal Law Alert E Mail Retention Policy by stating that e mail communications are subject to discovery during litigation, pursuant to the federal rules of civil procedure, they are also subject to discovery in response to an open records request pursuant to the right to know act. Mr. Pompo stated that the purpose of this draft is for the Township to create its own basic policy to schedule to dispose of emails. Mr. Pompo stated that he would like a meeting with the Township’s IT person.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to proceed with the E Mail Retention Policy. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed a proposed increase in the schedule of attorney’s fees by including new charges and amending fees for legal services. Mr. Pompo stated that these fees have not been increased since 1998 and are primarily for filing liens and demand letters. Mr. Pompo stated that all fees get charged to each lien. The Board was in agreement with the fee increase.

Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize advertisement of an Ordinance pertaining to the 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 an advertised Ordinance that is ready for adoption pertaining to the repealing of Ordinance 2009-03. Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Ordinance 2009-05 an Ordinance that repeals Ordinance 2009-03. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission report. Ms. Susan Franco reported that for the month of August the Planning Commission reviewed the previous meeting minutes and approved them. New business conducted was to review a proposed LED sign draft Ordinance. The Planning Commission agreed to include restrictions that could be used to limit signs to commercial districts not within 500 feet of a residential property. The members also discussed limiting the use of colors, setting time limits to control hours of use, flashing and night dimmer controls and to include Mr. Grafton’s review letter. A recommendation letter has been forwarded to the Board of Supervisors. Ms. Franco reported that old business discussed was the Maple Avenue Lot Line Change. The Planning Commission made a motion to recommend the Board of Supervisors approve the request of the lot line change contingent upon the review letters of Mr. MacCombie and the County and SALDO are satisfied.

Township Zoning report. Mr. MacCombie reported that he is in receipt of a letter from a resident of Forrest Drive which states that there is no business being run out of the home, it states that a pick up truck with a company logo is parked in the driveway. Joseph Sheppard asked Mr. MacCombie to continue to monitor the property on Forest Drive as there seems to be a lot of equipment in the evening. The Board asked Mr. Sheppard to document the activity. Mr. MacCombie stated that he reviewed a shed permit for Compass Road that was denied.

Township Road report. Mr. Turner reported that for the month of August the Road Crew filled the road side edge along Stovepipe Hill Road from the sewer project, road side mowing has been completed, sink holes were filled along Bonsall School Road and Eastern Avenue right of ways. All Township equipment is checked daily. The Road Crew repaired the damage done to the drinking fountain at the Bert Reel Park; power washed the pavilion and tables and dragged the track at Bert Reel Park. Total equipment hours are 14 and vehicle miles are 783.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of August a total number of alarms answered were 4 for 1 smoke in a building, 1 auto accident, 1 smoke investigation, 1 gas leak inside. The alarms were answered at 3 Sadsbury and 1 Parkesburg. Total time in service was 25 minutes.

Sadsburyville Fire Company report. No report given

Emergency Services Coordinator Update. Mr. Taylor stated that Black Walnut Winery has been in contact with him with regards to the placement of a Knox box at the business.

Township park Committee News. Ms. Horan stated that Community Day was held on Sunday August 23, 2009 due to weather conditions. Ms. Horan stated that the day went well and thanked the following volunteers for helping out: Tim & Courtney Sarbaum, Dave Turner, Earl Taylor, Jay Groce, Donn Roberts, the fire companies for taking their time to be there with their equipment on display and thanks to all those who donated items to the park committee.

Payment of Invoices: Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the August general fund invoices in the amount of $56,504.95. 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 August sanitary sewer invoices in the amount of $24,010.18. 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 August payroll in the amount of $28,342.77. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business

Mr. Brian Kulakowsky of D.L. Howell representing Witmer Properties presented the Board with a land development submittal for an addition to the existing building of Witmer Properties. Mr. Kulakowsky stated this addition is 26,966 square feet warehouse and will be located along the western end of the building and Witmer Properties will construct Patriot Way as part of the submittal. Mr. Kulakowsky stated that the applicant is requesting a waiver for the Board to consider the plan as a preliminary/final submittal since the building addition is to a current approval. Mr. MacCombie stated that he has no problems with this request. The Board agreed to give them the waiver request.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the Witmer Properties land development submittal as a preliminary/final plan. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail stated that the Township has been approached to join the Western Chester County Regional Economic Study. Ms. Silvernail stated that the Township has recently updated the Subdivision Land Development plan and the Comprehensive Plan and currently the Zoning Update is in the process of being updated. Ms. Silvernail stated that a draft Ordinance was presented along with information regarding the study. The cost to each Township joining will have to pay a fee of $1,000.00 to participate in the study. West Brandywine, Valley, Caln, Modena and South Coatesville have approved to do the study. Coatesville Area School District, East fallowfield, Coatesville, and West Caln are still in discussion to join. Ms. Silvernail stated that it is written that once the Township agrees to join the study they may not opt out and will be expected to continue to pay the legal fees associated with this study. Ms. Franco commented that it appears that it will benefit the school district. Mr. Hensel said he in not in favor of the study. Ms. Horan said she’d like to gather more information before making a decision. No action was taken and will be tabled until the next meeting.

The Board discussed (2) recommendation letters from the Township’s Planning Commission for Maple Avenue Final Subdivision and Sadsbury Zoning Ordinance Section 1410 prohibiting LED signs. Mr. Kulakowski from D. L. Howell was there to represent the applicant, Mr. Herling for the lot line change. Mr. Kulakowsky stated that this plan represents a simple lot line change that would divide Mr. Herlings land into (2) lots where two homes currently exist.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the lot line change plan for Mr. Herling’s property located along Maple Avenue as per the recommendation letter from the Township Planning Commission and Mr. MacCombies review letter. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

No action was taken for the Sadsbury Township Zoning Ordinance Section 1410 prohibiting LED signs. This item was tabled.

The Board discussed and scheduled the fall bulk trash pick up to be held on Friday November 6, 2009.

The Board discussed scheduling the first budget work session discussion to be held on Tuesday September 22, 2009 at 9:00 a.m. as per the schedule of Joe Drozd, Township CPA. The Board was in agreement with this date.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to authorized advertisement of a Board of Supervisors Special Budget Work session to be held on Tuesday September 22, 2009 at 9:00 a.m. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed a letter from a resident requesting to be waived from a 2007 trash account invoice that has been placed in lien. The administrative office did all the proper mailings to the resident to inform them of the delinquency, the owner signed for certified mail with regards to a lien would be placed by a certain date if they did not call the Township and still no communication occurred. The property was turned into lien. The Board agreed not to grant the waiver request.

Ms. Silvernail discussed an exoneration request from a Township resident from the personal and per capita taxes. The board reviewed the application and appears that the account is at least delinquent by 10 years. The Board agreed not to grant this exoneration.

Ms. Silvernail made a motion, seconded by Mr. Hensel, not to honor an exoneration request from a Township resident for personal and per capita taxes. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Doug Brown, a representative from State Representative, Tom Houghton’s office commented that sitting during the meeting that the Board is trying to help the residents that live along Compass Road with doing traffic counting and repair work to the road. Mr. Brown stated that his office has received numerous complaints regarding the proposed Sadsbury Commons Development that will occur at the old Hershey Farm. He states that one concern is traffic on Compass Road and being able to get in and out onto Route 30. Mr. MacCombie stated that there are possible discussions that Compass Road might be made a one way road.

Dave Turner asked Mr. MacCombie if there is a weight restriction on the bridge on Compass Road. Mr. MacCombie stated “no”.

Todd Walton asked if the police contract is public knowledge. The Board replied “yes”.

Jay Groce stated that 8 juveniles were arrested for burglary and damage done to the Bert Reel Park.

With there being no further business, Ms. Silvernail made a motion, seconded by Mr. Hensel, 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