Regular Meeting held Tuesday August 4, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday August 4, 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 Tuesday July 7, 2009 at 9:00pm to discuss possible litigation and on Monday July 27, 2009 at 11:00 am to discuss police 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 July the police patrolled 2,763 miles and handled 130 complaints from the public for: 3 thefts, 8 suspicious persons, 3 911 hang ups, 18 alarms, 5 domestics, 7 accidents, 9 disturbances, 1 assist to other departments, 3 harassment, 6 criminal mischief and 4 animals. There were 18 citations issued for the month 4 parking tickets and 9 criminal arrests for: 1 warrant, 5 disorderly conduct, 1 possession of drugs and 2 harassment. Patrol included 15 traffic checks and 41 property checks. Chief Groce provided the Board with pictures of a cabin that was built back on the railroad tracks, he states the builder is a Parkesburg resident and says the cabin purpose is for hunting only. He stated that they are working with Amtrak Police to get this matter resolved but is uncertain that the cabin maybe on Lynn Hanaways property.

Township Engineer report. Mr. MacCombie reported that he has reviewed an application for a grading permit for Arcadia Land pipe crossing and has received a letter from Jason Duckworth stating that this application does not constitute the building process. Mr. MacCombie stated the grading permit for this pipe crossing project requires a grading escrow agreement in the amount of $64,298.80. Mr. MacCombie stated that Mr. Zydinsky was stockpiling material on his property without filing for a grading permit on Valley Road, a cease and desist was served to Mr. Zydinsky to stop operation of stockpiling, Mr. Zydinsky did apply for the proper permits and presented the Township with his Decision and Order from the Zoning Hearing Board. Mr. Zydinsky was given approval to stockpile subject to conditions. Mr. MacCombie stated that he has prepared for the Boards consideration a construction release for Wexcon Inc in the amount of $41,330.97.

Ms. Horan asked Mr. MacCombie why a grading permit does not constitute land development. Mr. MacCombie stated that the letter from Arcadia explained that the grading permit application is for a pipe crossing; Mr. Pompo added that they need to do a pipe crossing while their permits are valid; their grading permit is very limited.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release to Wexcon Inc. in the amount of $41,330.97 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a letter of credit reduction for Cowan Estates in the amount of $95,704.62 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the letter of credit reduction for Cowan Estates in the amount of $95,704.62 as per Mr. MacCombies recommendation. With there being no questions from the public, Ms. Silvernail voting “aye”, Ms. Horan voting “aye”, Mr. Hensel abstained, the motion passed.

Mr. MacCombie prepared a construction release for Meeting House Properties in the amount of $44,051.35 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release to Meeting House Properties in the amount of $44,051.35 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a construction release for Lot 1 Valley View Land Development in the amount of $127,185.29 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release for Lot 1 Valley View Land Development in the amount of $127,185.29 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a construction release for All County Partnership (Washington Lane) in the amount of $264,366.26 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release for All County Partnership (Washington Lane) in the amount of $264,366.26 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitors report. Mr. Pompo stated that the Board discussed listing the old Township building at the last regular meeting and tabled the idea until all the material could properly be reviewed. Mr. Pompo stated that he has requested that an inspection of the old building be performed to make sure there are no zoning issues with using the building for mixed use. The Board agreed to table the discussion of renting the old Township building until the next regular meeting. Mr. Pompo stated further discussion of Act 32 was tabled from the last regular Board meeting regarding the consolidation of earned income tax collections. Mr. Pompo stated that the purpose of the Act 32 is to establish state wide uniformity in tax rules, procedures and forms, to provide greater tax collection efficiency by consolidation of the collection of local income tax at the county level. Mr. Pompo stated that the Township must appoint a Primary voting delegate, a first alternate and a second alternate.

Ms. Silvernail made a motion, seconded by Ms. Horan, to appoint Stephanie Silvernail as Primary Voting Delegate, Lisa Myers as First Alternate Voting Delegate and Vicky Horan as the Second Alternate Voting Delegate with regards to the Act 32 Consolidation of Earned Income Tax Collections. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed an Ordinance 2009-03 pertaining to joining the Western Chester County Regional UCC Board of Appeals. The Board expressed that they are all in agreement to withdraw from joining the group. Mr. Pompo stated that the Ordinance states that the Township can opt out at any time, therefore Mr. Pompo will create a repeal to Ordinance 2009-03.

Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize the advertisement of an Ordinance that will repeal Ordinance 2009-03. With there being a question from Mr. Lymberis on whether or not the Township will notify the group that Sadsbury is opting out, Mr. Pompo stated “yes” they will be contacted. With the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed with the Board an Ordinance that has been properly advertised in the Daily Local News pertaining to amending Chapter 113 swimming pools by amending 113-6 to require maintenance of all swimming pool barriers by repealing 113-7 pertaining to the fencing of pools and by revising 113-11 pertaining to violations and penalties. After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Ordinance 2009-04 pertaining to amending Sadsbury Township Code Chapter 113 swimming pools. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed the sanitary sewer inspection fees and regulations. Currently the inspection fee is a window of (2) hours at $80.00 an hour which was waived for residents by the Board at the beginning of the sanitary sewer project. Mr. Pompo states the issue is that the inspections are exceeding the (2) hour window. Mr. Pompo suggested that the Township continue to waive the (2) hours and anything over that will be the homeowners responsibility. The office staff will have to require each new applicant to escrow (2) hours for inspection fees and if the job doesn’t take the entire time the money will be refunded. The Board agreed to set this procedure.

Mr. Pompo discussed with the Board a draft license agreement between Sadsbury Township and Keystone Helicopter. Ms. Silvernail recused herself from any discussion regarding Keystone due to a business relationship. Mr. Hensel took the floor for discussion. Mr. Pompo stated that Keystone desires to install, construct, maintain and repair a pipe sleeve under the road to be used as a conduit for housing communication wires servicing their building, and to install construct, operate, maintain and repair a pedestrian crosswalk on the road solely for use by its employees. Mr. Pompo stated that Keystone is requesting the Township place a cap on the costs to maintain that portion of roadway. The Board said they will not know what the costs may be and what kind of maintenance will be required in the future. Mr. Pompo stated that the Township could place a cap of $10,000.00 a year for ten years. Mr. MacCombie stated that if the road breaks up and the crosswalk would need repainting it could be expensive. The Board is not in agreement to place a cap. Mr. Pompo recommended that the Board set a yearly license fee. Mr. Pompo stated that Keystone offered $2,500.00. After discussion, the Board agreed to accept the $2,500.00 per year license fee.

Township Planning Commission report. Mr. Lymberis stated that the Planning Commission met on July 8, 2009 and approved the meeting minutes. There was no old or new business to discuss

Township Zoning report. Mr. MacCombie reported that the following Zoning Applications were reviewed for a deck: 416 Flagstone Circle, 509 Fox Trail, 303 Broadmeadow Drive, 101 Broadmeadow Drive, 111 Old Mill Road, and 105 Broadmeadow Drive. Mr. MacCombie stated that an inspection has been performed with regards to Forest Drive regarding a business being run from the home. A sign application is also under review.

Township Road report. Mr. Turner reported that for the month of July they painted vascar lines throughout the Township, read water meters for sewer billing, filled sink holes in at Washington Lane, Timber Drive and Bonsall School Road, all sink hole were seeded. All Township equipment fluids, belts and hoses are checked daily. Mr. Turner reported that Tractor Supply, Home Depot and Uticom donated cameras and signs for the Bert Reel Park. Total equipment hours are 04 and vehicle miles are 548. Monica Bon Miller asked when the truck traffic study would be completed for Compass Road. Mr. MacCombie stated that he will get a cost estimate for the Township.

Monica Bon Miller asked what the status of re- paving is for Compass Road. Ms. Silvernail replied that that project has been awarded to Burkholder Paving.

Monica Bon Miller complained about the site distance on Compass Road, Mr. MacCombie stated he has driven Compass Road numerous times and said his opinion is there is no sight distance issue on Compass Road. Ms Bon Miller disagreed.

Matilda Harrington said the weight limit sign is missing from the Compass Road Bridge.

Monica Bon Miller asked what does scratch coat mean verses paving. Mr. MacCombie said that scratch coat will mill the road down and fill in all the holes; it’s a temporary fix until the Township can afford to repave.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of July a total number of alarms answered were 3 for 2 electrical fire inside and 1 medic alert , the alarms were answered for 1 Sadsbury, 1 Parkesburg, and 1 East Fallowfield. Time in service was 40 minutes.

Sadsburyville Fire Company report. NO report given.

Emergency Services Coordinator report. Mr. Taylor reported that he was contacted by representatives from CTDI to go over emergency evacuations. Mr. Taylor walked through the entire plant.

Township Park Committee news. Ms. Horan announced that Community Day will be held on Saturday August 22, 2009 from 9-3 the raindate is Sunday August 23, 2009. Ms. Horan stated that some of the events are pony rides, sky care and the moon bounce. Ms. Horan stated that after recent vandalism that has occurred at the Bert Reel Park, Chief Groce has given the Park Committee information on rolling covers for the windows. Mr. Pluck stated that a new lock has been placed in the kitchen.

Payment of Bills:

Ms. Silvernail made a motion, seconded by Mr. Hensel, to pay the July general fund invoices in the amount of $73,259.56. 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 July sanitary sewer invoices in the amount of $43,149.52. 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 July payroll in the amount of $30,660.73. 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 yearly contribution to the Sadsburyville Fire Company in the amount of $18,166.67. 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 yearly contribution to the Pomeory Fire Company in the amount of $18,166.67. 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 yearly contribution to the Parkesburg Free Library in the amount of $1,500.00. 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 yearly contribution to the Coatesville Library in the amount of $1,500.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

The Board discussed scheduling the yearly appreciation dinner for all committees and whether or not to cater the event. After Board discussion the date set for the lunch is Saturday September 19, 2009 at 1:00 p.m. at the Bert Reel Park weather permitting. The Board directed the secretary to contact the following caterers: Triple Fresh, Nicks Chicks, and a local couple Sciaretta, to get prices. The Board agreed for the costs not to exceed $1,200.00.

Ms. Silvernail made a motion, seconded by Ms. Horan, to hold the annual appreciation dinner on September 19, 2009 at 1:00 pm to hire a caterer with costs not to exceed $1,200.00. With there being no questions from the public, the Board voting, “aye”, the motion passed unanimously.

The Board discussed the Road Crew attending (2) educational workshops for CDL Drug and Alcohol testing and CDL Records Management on August 18, 2009, with the costs being $50.00 per course. Both courses are offered the same day morning and afternoon. The Board agreed to have (1) crew member attend each class and share information with each other.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Road Crew attend (2) educational workshops for CDL Drug and Alcohol testing and CDL Records Management on August 18, 2009 with each Road Crew member taking one course to cost $100.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Discuss the Road Crew attending a pipeline safety emergency response program to be held on August 11, 2009 in West Chester, the cost to attend this program is free.

After discussion, the Board made a motion, seconded by Ms. Horan, to approve the Road Crew attending a pipeline safety emergency response program. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed closing out the (2) remaining accounts at Harleysville Bank and possibly placing the money in Fulton Bank. The Board discussed that Fulton bank appears to be a stable bank and is act 72 compliant. John Lymberis asked if the Board ever considered Citadel Bank, as a new branch will be built in the future in West Sadsbury. The Board stated that the Township did look into Citadel, but they are not act 72 compliant.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to move the (2) remaining accounts from Harleysville Bank to Fulton Bank. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed an exoneration request from the 2009 per capita and personal taxes. The Board recalled the last exoneration request was denied, and the Boards position is not to accept the exoneration. Ms. Bon Miller said she will donate the $4.90.

After discussion Ms. Silvernail made a motion, seconded by Ms. Horan, not to approve the exoneration request for the 2009 per capita and personal taxes of a Township resident. With there being no questions from the public, Ms. Silvernail voting “aye”, Ms. Horan voting “aye”, Mr. Hensel voted “no”, the motion passed.

Public Comment:

Elmer Pluck stated that the Bert Reel Park has experienced some vandalism issues; the Board said the Township Road Crew is monitoring the park daily. Mr. Pluck asked if he can do some of the repair work free of charge. The Board stated they have no issues with that. Mr. Pluck asked if the Board can have a lock placed on the breaker panel box, all the lights are being turned on and staying on all hours of the night.

Faye Monte asked what the procedure is to ask Pen Dot to reduce the speed limit from Quaker Road to Moscow Road to 45 mph. Mr. MacCombie stated that a study has been done and the proposal back to the Township was to increase the speed limit on that stretch of roadway.

John Lymberis stated that his project in front of the Reeder Garage property has been completed; he stated he extended the sidewalk at his own cost and said it will help the Township with the Sadsbury Village Enhancement Project. The Board told Mr. Lymberis that the completed work looks really good.

Monica Bon Miller asked what the Sadsbury Village Enhancement Project is. Mr. MacCombie stated that is a traffic calming project along the stretch of highway from First Avenue to Blackberry Lane to add sidewalks and traffic calming measures to slow traffic down in that area.

Earl Taylor thanked the Board members for all the issues with North Street but stated that the sanitary sewer project has really affected his life. Mr. Taylor read a letter out loud that he wrote to the Board regarding tapping fees, plumber fees and all sanitary sewer expenses.

Jay Groce stated that he met with the traffic signal maintenance regarding the timing of the traffic signal at AIM Boulevard and Indpendenance Way and states that a camera was faulty and was repaired. Mr. Groce stated that there is a setting called red rest that would put the traffic signal into red mode the hours of 10:00 pm till 6:00 a.m. which means the signal will give a red light all ways of traffic and will remain that way until it detects activity. The Board requested that Mr. MacCombie contact the signal maintenance to request this service. Mr. MacCombie stated that the traffic signal that was placed in this location happened because of contributions from Bellaire Business Center donated $60,000.00, Meeting House Properties donated $65,000.00, and Keystone donated $60,000.00.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer