Regular Meeting held Tuesday December 1, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday December 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 Tuesday November 4, 2009 to discuss legal issues.

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.

Ms. Silvernail directed Mr. MacCombie to open the sealed bids for the Construction of the Sanitary Sewer Extension Phase 4 Valley Road and he read as follows:

The Board requested that Mr. MacCombie review all bid packages and report back to the Board with a recommendation.

Township Police report. Chief Groce reported for the month of November the police patrolled 2,710 miles and handled 92 public complaints for: 3 burglary, 6 suspicious persons, 1 911 hang up, 7 alarms, 2 domestics, 15 accidents, 3 disturbances, 2 assist to other departments, 2 harassment, 3 criminal mischief, 2 animal, 1 theft. He reported 10 citations issued for the month for 2 parking tickets, 4 criminal arrests, and 1 burglary, 1 DUI, 2 Disorderly Conduct and Public Drunkenness. Patrol activities included were 16 traffic checks, 14 property checks.

Township Accountants report. Mr. Drozd prepared options for the Boards consideration regarding the sanitary sewer increase for the 2010 budget. Mr. Drozd stated with the bid results he feels comfortable with the Board choosing either option 3 which is a flat rate of 250.00 a year and 11.00 per 1,000 gallons usage or option 4 with a flat rate of 200.00 a year and $10.00 per 1,000 gallons usage. Ms. Horan recommended using option 4 with a gallon per usage fee being $11.00. Mr. Drozd stated that it would be acceptable and is unaware if Pennsylvania American Water Company will have a rate increase. Ms. Silvernail said that if the economy picks up and development begins, the Board can revisit the rate increase. Mr. MacCombie stated that currently the Township has 790 sanitary sewer customers; if the Township had the additional 400 units planned; the current rates would be fine. Mr. Hensel asked what the Township will do with the excess money. Mr. Drozd stated that an excess of $6,000.00 to $8,000.00 could be spent on possible additional equipment. Mr. MacCombie stated that any excess monies collected would be placed into a capital improvement fund. Mr. Drozd stated that the flows have decreased this year and are down by 3 million and the Township must pay the debt service payment each month. The Board discussed that with this increase they can revisit the budget in June and re-evaluate the costs.

Ms. Silvernail made a motion, seconded by Ms. Horan, to select the sanitary sewer rate increase Option 4, $200.00 flat fee with an $11.00 per 1,000 gallons of usage. With there being questions from John Lymberis asking what the current rates are, Mr. Drozd answered $90.00 flat fee and $8.00 per 1,000 gallons of use. With there being no additional questions, Ms. Silvernail voting “aye”, Ms Horan voting “aye”, Mr. Hensel voting “nay”, the motion passed .

Township Engineer report. Mr. MacCombie reported that a construction release has been prepared for Burkholder Paving in the amount of $3,752.29; he stated this is the final payment release for the road resurfacing project.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release for Burkholder Paving in the amount of $3,752.29 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 discussed an Ordinance that would amend Chapter 101 of the sanitary sewer by increasing the schedule of charges for the annual sewer rental fees and meter rate. Mr. Pompo stated that as discussed earlier, this can be placed in an Ordinance for advertisement to be discussed at the December 31, 2009 meeting.

Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize advertisement of an Ordinance that will amend Chapter 101 of the sanitary sewer by increasing the schedule of charges for the annual sewer rental fees and meter rate. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed with the Board a draft Ordinance that would amend Chapter 101 Sewer Use Ordinance by revising certain definitions adding new definitions and adding a new article IX reserved capacity for the imposition of a reserved sewer capacity fee. Mr. Pompo states that the current Ordinance reads 250 gallons per equivalent dwelling unit. A unit is measured based on the estimated average flow of sewage measured in gallons per day from a typical living unit. Mr. Pompo stated that the latest census shows the average to be 244.8 gallons per equivalent dwelling unit. Mr. Pompo stated that the reservation in advance of sewer capacity shall be 60% of the average sanitary sewer bill for a residential customer for the same billing period. Mr. Pompo stated that this will only affect customers that place an application to reserve new capacity.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize the advertisement of an Ordinance that will amend Chapter 101 Sewer Use Ordinance by revising certain definitions adding new definitions and adding a new article IX Reserved Capacity for the imposition of a reserved sewer capacity fee. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission report. Ms. Franco reported that the Planning Commission met on November 11, 2009. Ms. Franco reported that Mr. Cox representing Lincoln Crest Management discussed the additional 50 lots to the existing mobile home park. Mr. Cox stated that the plan shows all 50 homes to be new double wides with 20’ in between properties, a main entrance, 2 cul-de-sacs, sidewalks with recreation area split into 2 areas; one in the rear of the park and one in the center of the park. Mr. Orsatti of Orsatti and Associates represents the landscapes portion of the plan and stated that they will need relief from the SALDO. Mr. Claypoole suggested that Mr. Orsatti compile the additional data and return with a comparison to support their proposed landscapes request. Mr. Denny Howell of D.L. Howell representing Witmer Properties presented a plan for a 29,966 foot addition to the existing building; Mr. Orsatti a landscape designer presented the Planning Commission with a landscaping plan which shows no room to construct the building if they follow the Township’s SALDO requirements. After discussion the Planning Commission agreed to recommend to the Board of Supervisors relief from some of the landscape requirements be granted. Mr. Gill of Buckly, OBrion, representing Sadsbury Commons presented revised plans to the Planning Commission with regards to the proposed shopping center at the Hershey tract. Revision included main street design, changes to the plaza area, addition of connector road median strip, and relocation of the following: traffic signal on Route 10, gas station. Traffic issues were discussed. No action was taken at this time.

Township Zoning report. Mr. MacCombie reported that a violation letter has been sent to 70 Frederick Way to cease and desist because of vehicles parked. Mr. MacCombie stated that the original violation letter was sent on November 22, 2009 and his office received no response until today. Mr. MacCombie stated that all (8) vehicles are registered. The homeowner responded by sending the Township a letter of intent and a shipping slip showing his intent to send all the vehicles to Africa. Mr. MacCombie stated that the date for these vehicles to ship is 12/22/09. Mr. MacCombie recommended to the Board to wait on fining this resident until the end of the year if the vehicles are not gone like promised. The Board agreed.

Ms. Silvernail made a motion, seconded by Ms. Horan, to give the resident at 70 Frederick Drive until December 31, 2009 to remove all the vehicles on the property or he will be in violation of the Zoning Ordinance. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Road report. Mr. Turner reported that speed and stop signs are being repaired and replaced throughout the Township. Pot holes have been filled; branches have been trimmed to clear the line of sight. The Road Crew completed a census survey on Township boundaries. The Road Crew is seeking to attend a free annual trade show and equipment display on December 8, 2009 at the East Goshen Township Building, the topic of discussion will be regarding CDL compliance. Mr. Turner reported that fluids, belts and hoses are checked daily on all Township vehicles. Bulbs were replaced inside and outside of the Township building. Total equipment hours are 6 total vehicle miles are 535.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Road Crew attend a free annual trade show and equipment display and discussion on CDL compliance at the East Goshen Township Building free of charge. Ms. Horan suggested the Road Crew write down the requirements of the CDL and report back to the Board. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Pomeroy Fire Company report. Mr. Taylor reported for the month of November a total number of alarms answered were 5 for 1 accident, 1 drill, 1 building, 1 wood and 1 auto accident. The location of these alarms was: Sadsbury (2), Parkesburg (2), and Highland (1). Total time in service was 3 hours and 5 minutes. Mr. Taylor thanked the Road Crew for placement of the Township’s barricades due to an accident Pomeroy Ambulance Report. Mr. Taylor reported that for the month of November the Pomeroy Ambulance covered the following calls: Sadsbury 17, Coatesville 1, Parkesburg 4, West Caln 1, and East Fallowfield 2 with a total of 26 calls. Calls per type: Transports 17, scratched 1, vehicle 2, and recalled 3, fire 1.

Sadsburyville Fire Report. No report given.

Emergency Services Coordinator Update. Mr. Taylor reported that he met with Joe Russella regarding a fire hydrant placement at Witmer Properties.

Monthly Payments:

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the November general fund invoices in the amount of $42,196.72. 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 November sanitary sewer invoices in the amount of $37,786.24. 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 November payroll in the amount of $29,325.47. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Larry Constable presented the Board with a time extension request. He stated that he met with Mr. MacCombie for an on site pre construction meeting, Mr. MacCombie suggested that Mr. Constable request a time extension for the road swale construction , he explained that the cold weather approaching and abundance of rain will cause a lack of germination which can provide for a serious problem with erosion. Mr. Constable stated that his Conditional Use will expire at the and of December. Mr. MacCombie stated that he has no issues with the request.

Ms. Silvernail made a motion, seconded by Ms. Horan, to grant Mr. Constable a 6 month extension under his Conditional Use approval for 53 Limestone Road, with the 6 months clock to start on December 31, 2009. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Kathy Esworthy representing resident Anna Gurskey is requesting to postpone the requirement of sanitary sewer hook up and excuse Ms. Gurskey from paying the sanitary sewer usage fees. Ms. Esworthy is the great niece to Ms. Gurskey and states that Ms. Gurskey is the homeowner of 31 Morris Lane and is a 92 year old resident who has lived on Morris Lane for 50 years. Ms. Gurskey has been placed in a nursing home and in order to pay for her care she has her home listed for sale with Keller Williams Realty. Ms. Gurskey does not have the funds to pay for the sanitary sewer connection fees. Ms. Silvernail asked how long has the house been for sale? Ms. Esworthly stated 3 months. Ms. Silvernail stated that the Township cannot rely on the realtor to collect the fees, the sanitary sewer budget is in danger and the Township does not and has never granted any waivers for this type of request. The Board understands her situation but is unable to help her with her request. Mr. Pompo stated that the Township offers an option to place a sewer lien agreement against the property if the resident’s income levels are low, it creates a payment plan. Mr. Pompo directed Ms. Esworthly get the information from the Township Secretary.

Mr. Joe Orsatti of D.L. Howell representing Witmer Properties presented the Board with a waiver request from Section 427.F.1. and Section 427.H.5a. of the Sadsbury Township Subdivision Land Development Ordinance Chapter 109. Mr. Orsatti showed the expansion plans of Witmer Properties and the impact the current SALDO will have on their project. Ms. Silvernail and Ms. Horan stated that they have issues with a 90% reduction of plantings. Mr. Denny Howell stated that 730 trees and shrubs will be planted and 248 will not be placed, that is a 34% reduction. Mr. Hensel asked how much land is not covered by parking lot. Mr. Howell answered 61/2 acres. Mr. Mel King requested that the Board grant the waiver they requested and if the Township is not satisfied with the plantings they can require more. Mr. MacCombie stated that it can be part of the CO requirement that the Township is satisfied with the plantings before the CO is granted. Ms. Silvernail stated that the Board did not get a clear recommendation from the Township Planning Commission. The Board stated that an additional line of vegetation be placed and more consistent with the current vegetation, the Board will reserve the right to require more vegetation if desired. The Board agreed to send WItmer Properties back to the Township Planning Commission to get a clean letter of recommendation and come back before the Board with a letter and plans that show the additional trees and shrubs.

The Board discussed the Southeast Regional Household Hazardous Waste Collection Program commitment. The costs for the Township to participate are approximately $850.00 for 2010 with a 50% reimbursement from PADEP and a 25% reimbursement from Chester County Solid Waste Authority. If the Township chooses not to participate they will be charged $100 per vehicle. In 2008 the Township had 28 vehicles use the hazardous waste service.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Southeast Regional Household Hazardous Waste Collection Program Commitment to cost the Township approximately $850.00 for the 2010 year. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Residents from Compass Road presented the Board with concerns. Ms. Bon Miller stated that she will be the speaker of the Compass Road group. Ms. Bon Miller stated that the homeowners conducted a meeting with 23 residents in attendance. Items that they want improvements are to reduce the speed off of the Route 30 bypass with flashing lights. Reduce speed limit on Route 30. Increase police enforcement where you place the speed reduction. Install signs indicating no through traffic. Post weight limit signs at both bridges, as they used to be posted. Mr. MacCombie answered in order to change the speed limit along Route 30 the Township must petition Penn Dot to complete a speed study. Mr. MacCombie reminded them that a speed limit reduction study was requested for Sadsburyville and Penn Dot wanted to raise the speed limit instead of decrease it. Mr. MacCombie stated to place flashing warning lights on the bypass, again Penn Dot would have to complete an analysis. The Township would have to hire an engineer to complete an evaluation and determine if a weight limit is warranted for the bridges on Compass Road. Ms. Bon Miller expressed concerns with the traffic the new Sadsbury Commons Shopping Center will bring to the area and how is Penn Dot going to help with the traffic? Mr. MacCombie stated that he is going to attend a meeting between Penn Dot, and the developer.

Don Roberts asked who pays for the engineering studies. Mr. MacCombie stated the payment comes from whoever authorizes them to do the study. Mr. MacCombie stated that the Township must pass a Resolution to have the study done through Penn Dot and once the study is completed the Township must comply with the study if they accept it.

Faye Monti requested if the developer could limit the truck traffic that travels Compass Road.

Monica Bon Miller stated that every time an accident occurs at Route 10 & 30 traffic is directed down Compass Road and Compass Road just cannot handle this kind of traffic.

Earl Taylor stated that there is no money for Fire Police to direct traffic away from an accident along Route 30. The funds just are not there.

Mr. MacCombie stated that he will contact Penn Dot to do a study; the timeline of completion is a few months. And the Board will take under advisement of a no thru traffic sign to be placed at Compass Road.

The Board discussed proposals received from Mingis, Gutowski & Company, Maillie, Falconiero & Company, and Maulo and Company for the year end audit. The Board agreed to table discussion until the next board meeting.

Ms. Silvernail thanked Mr. Hensel for all he has done for the Township in the past 6 years of public service. Best wishes to Mr. Hensel. Thank You.

Public Comment:

Earl Taylor Thanked Mr. Hensel for his years of service.

Jackie Taylor- Requested a street light be placed along North Street, it’s very dark and there have been break ins. Ms. Taylor also requested a Children at Play sign be posted along North Street. The Board directed Mr. Turner get prices on (2) signs.

Tim Sarbaum- Asked if there will be a Christmas tree pick up in January; the Board replied “yes” the date will be set at the next Board meeting.

Lynn Sheller- Asked if a Traffic Study has been completed for Sadsbury Commons? Mr. MacCombie stated “yes”.

Dave Turner- Thanked Mr. Hensel for his years of service.

John Lymberis asked where the Township stands with the Sadsbury Village Enhancement Project. Mr. MacCombie stated that currently Penn Dot traffic unit and Penn Dot Traffic calming unit are disagreeing with each other. He stated the job should go out to bid through Harrisburg in the summer.

Jay Groce Thanked Mr. Hensel for working so closely with the Police Department and for his cooperation and assistance.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer