Regular Meeting held Tuesday July 7, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday July 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. O’Neil substitution for Mr. MacCombie Township Engineer & Zoning Officer, Mr. Harry Weaver Township Building Inspector, and members of the community.

Ms. Silvernail announced that the Board met in executive session on Tuesday July 7, 2009 at 6:00 pm to discuss legal matters.

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.

The Board requested that Mr. O’Neil open the sealed bids for the 2009 road resurfacing and street improvements. The bids were read as follows:

Mr. O’Neil stated that the bids are to scratch coat Compass Road from Lincoln Highway to Skiles Road and to pave 300 feet of Old Mill Road. The Board requested that the Engineers review the bid packages and make a recommendation to the Board for the next meeting on August 4, 2009.

Mr. Larry Maulo representing the Township as auditor presented the Board with his report for the financial year ending December 31, 2008. Mr. Maulo stated that the opinion is presented and the audit resulted in a clean opinion. The general fund results with a budget comparison as of December 31, 2008 with a balance of $566,400 is a decrease from $782,309 from December 31, 2007. The decrease represents the fund balance that was used to balance the 2008 budget. Mr. Maulo reported that the Township’s assets and liabilities statement shows the unrestricted balance of the Township on December 31, 2008 was $849,633, down from $1,027,672 December 31, 2007. Mr. Maulo reported that on the sanitary sewer budget, the results showed sewer billings of $424,104 and operating expenses of $420,285 resulting in an operating income of $3,819. The non operating revenue and expenses netted to $14,507 of expenses which resulted in a loss of $10,688. Mr. Maulo presented the Board with a management letter which suggests that all un-collectables be liened.

Township Police report. Mr. Groce reported that for the month of June the Township Police patrolled 3,526 miles and handled 144 complaints from the public for: 2 thefts, 3 suspicious persons, 5 911 hang ups, 26 alarms, 6 domestics, 9 accidents, 7 disturbances, 3 assist to other departments, 1 harassment, 3 criminal mischief, 3 animal. He reported 16 traffic citations, 4 parking tickets and 3 criminal arrests for 1 warrant and 2 disorderly conduct. Chief Groce reported that 18 traffic checks and 45 property checks were completed.

Township Engineer report. Mr. O’Neil reported that in the past sanitary sewer lateral inspections would take approximately 3 hours to complete at which the Board waived any fees to the resident; however current inspections are taking much longer to complete with plumbers hitting stone and the runs being longer and the time is exceeding the 3 hour window. He suggests that perhaps the Board may want to consider a policy change to charge the resident for inspection time that exceeds 3 hours. Mr. O’Neil reported that Mr. MacCombie prepared an escrow release for the Boards consideration for Wexcon Contractors for the sanitary sewer project in the amount of $213,003.65.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release to Wexcon in the amount of $213,003.65. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Neil stated that Mr. MacCombie prepared a construction release for the Boards consideration for Black Walnut Winery in the amount of $2,250.00 for the concrete of sidewalks.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release to Black Walnut Winery in the amount of $2,250.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Neil stated that Gateway Church sent documentation for a construction release for $90,463.65, he is asking for the Boards consideration pending Mr. MacCombies approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release to Gateway Church in the amount of $90,463.65 pending Mr. MacCombies review and approval. With there being no questions from the public, Ms. Silvernail voting “aye”, Ms. Horan voting “aye”, Mr. Hensel abstained, the motion passed.

Mr. O’Neil reported that he has contacted the contractor to replace the light at the bathroom facility at the Bert Reel Park.

Township Solicitors report. Ms. Stefanie Tarloski representing Keller Williams presented the Board with a proposal to lease out the old Township building office space. Mr. Pompo stated that his opinion is that the Township can list the building for lease. Mr. Pompo said since the building will be multiuse the lease can be tailored as such to allow for parking. Ms. Silvernail stated that the building currently has one electric meter, if a renter comes in the Board will get estimates on splitting the electric. Ms. Tarloski stated that the Township provided her with a square footage of 1,995 of usable space and the rent is based on the dollar amount per square foot. Ms. Tarloski stated that the Township can ask for $5-$6 dollars per square foot without improvement to the building. If the Township decides to do renovations, the asking price would be $7-$8 per square foot. The Board agreed to review all the documents and discuss at the next regular meeting.

Mr. Pompo discussed with the Board an Ordinance that enters the Township into an intergovernmental cooperation agreement to participate in the Western Chester County Regional UCC Board of Appeals. Mr. Pompo said that 4-5 other municipalities have adopted this Ordinance to move forward with the membership. Ms. Silvernail asked if this Board holds any other powers than UCC, Mr. Pompo replied “no”. Ms. Silvernail stated that the Township has never had an appeal before, does the Township have to pay the $600.00 a year membership fee to join, and Mr. Pompo stated “yes”. Mr. Pompo stated that page 5 paragraph 11 states that the members agree to indemnify, save, defend, and hold harmless the Board of appeals and its executive committee from any and all claims, demands, suits and actions, including counsel fees and court costs connected therewith, brought against the Board of Appeals and its executive committee arising as a result of any direct or indirect negligent act or omission. Mr. Pompo states that this means they will insure themselves and the joining Townships will have to share the costs. Mr. Pompo said they will organize in August and the deadline to join is July 31, 2009. Susan Franco asked if Valley Township was the only Township not joining the intergovernmental agreement. Mr. Pompo stated “no” that West Brandywine is not joining. Elmer Pluck asked if the Secretary can e mail other municipalities to ask if they are joining and if not why? Robert Silvernail asked who picks the executive board. Mr. Pompo stated that all members shall conduct an organizational meeting, at the meeting the members will elect an executive committee consisting of the officers of President, Vice President, Secretary, Treasurer and two other officers at large. Alan Eagles asked if what period of time the $600.00 membership fee covers. Mr. Pompo stated until the end of the year. At the third quarter of each year the executive board will meet to set fees for the following year. If the Township joins the Intergovernmental Cooperation UCC Agreement it is a term of 5 years, if a Township decides to bow out of the agreement, it states that any member may withdraw from the Board of Appeals at any time for any reason with (30) days advanced written notice to the Board of Appeals. Robert Silvernail asked who pays the professional fees; Mr. Pompo replied that the applicant would pay ½ of the Solicitor fees and ½ of the Court Reporter fees.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Ordinance 2009-03 for the Township to enter into an intergovernmental Cooperation Agreement to create a UCC Board of Appeals. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed amending Section 1410 of the Township Zoning Ordinance pertaining to prohibited signs by adding a new Section 1410.L which would prohibit illumination of billboard signs within the Township. Mr. Pompo stated that Mr. Grafton gave a thorough review and provided comments to the Board. Mr. Pompo recommends that these comments get referred to the Township Planning Commission for their review and recommendation. The Board agreed.

Mr. Pompo discussed a letter received from Witmer Public Safety Group requesting that the word ammunition be removed from the original Decision and Order dated January 17, 2006. Mr. Hensel stated that he remembers when the hearing was active that the Board objected to grant sales to the public. The Board stated that this business is within the light industrial district and that use would be non conforming. The Board agreed “not” to grant the request of Witmer Public Safety and directed Mr. Pompo write a letter to Whitmer Public Safety.

Mr. Pompo discussed an Ordinance amending Chapter 113 pertaining to swimming pools by repealing 113-6 and 113-7 pertaining to fencing of pools and by revising 113-11 pertaining to violations and penalties. Mr. Pompo stated that by deleting the fencing out of this Ordinance the UCC building code will take effect. Mr. Harry Weaver said if you take out the fence portion of the Ordinance the Township currently has no Property Maintenance Code on the books and if a fence around a swimming pool fell, he would not be able to enforce it if the language is not there. Mr. Pompo will add a provision regarding maintenance after the permit phase.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to authorize the advertisement of the amendment of Chapter 113 pertaining to swimming pools fencing violations and penalties with corrections. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed with the Board the Verizon Franchise Agreement by stating the agreement is 15 years and is solely a cable TV function. Mr. Pompo stated that the agreement is a standard agreement similar to the same as the current Comcast Franchise Agreement. Mr. Pompo stated that the representatives of Verizon do not want to pay the application fee of $2,000.00 and has offered cable TV service to the Township. Verizon is willing to offer the Township a $3,000.00 grant to defray the Township expenses for the review process of the agreement if the Township waives the $2,000.00 application fee. Mr. Pompo stated that the entire Township should be serviced with Verizon TV within a 5 year period.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Verizon Franchise 15 year Agreement. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed Act 32 which is a consolidation of earned income tax collections. Mr. Pompo stated that having one organization should save all the municipalities money. Governor Rendell signed Act 32 establishing state wide uniformity in tax rules, procedures and forms to provide greater tax collection efficiency by consolidation at the county level. By September the Board must appoint (3) delegates to attend and vote at the tax collection committee meetings.

Township Building Inspectors report. Mr. Harry Weaver reported that for the second quarter of 2009 six building permits have been issued for 1 in ground pool, 3 decks, 1 new electric service, and 1 deck with minor addition. Seven residential demolition permits have been issued for the past quarter for 6 mobile homes in Lincoln Crest Trailer Park. Four non residential permits have been issued for 1 temporary flower sales tent, 1 temporary fire works sales tent, 1 tenant fit out, and 1 fire alarm system. Two certificates of Use and Occupancy were issued for an office and factory building and a single family dwelling, two certificates of approval for 1 porch roof and 1 communications tower. Four residential permit applications are under review for 1 new single family dwelling, 2 decks, and 1 basement conversion. One non residential permit application are still under review for a new building for the fire department.12 contractors licenses and 1 plumber license were issued. Legal notices for 235 Compass Road –the required permits were issued and the inspection process is underway. New notices – violation for a collapsing pool fence. All grass and weed complaint nuisance abated.

Planning Commission report. Ms. Franco reported that for the month of June the Planning Commission met on June 10, 2009. Old Business discussed was the Sadsbury Commons Conditional Use Review. The applicant continued discussions regarding the proposed town center shopping center project with members of the commission. Issues discussed were: vehicular and pedestrian traffic circulation, the proposed loop road and its design, the impact and design of the 30’ + retaining walls, location of the gas station facility, the buffer between Hershey Lane and the project, pedestrian connection between Hershey Lane and the project, landscaping, and lighting. The Planning Commission has not prepared any comments or recommendation at this time to the Board of Supervisors. Other business discussed was Mr. Herling withdrawing his 3 lot subdivision plan.

Mr. Pompo stated that an application for James R. Ford, II has been received for the Zoning Hearing Board for a variance for the front yard set back on Old Mill Road adjacent to Route 30 bypass; currently a billboard is located on the property. The Board has no objections.

Zoning report. Mr. O’Neil reported that he completed an inspection on June 18, 2009 at 705 Forrest Drive for parking and storage of vehicles and found no issues. He completed an inspection on June 4, 2009 at Belvedere Avenue with regards to a fence violation and the issue has been fixed.

Township Road report. Mr. Turner reported that for the month of June the “no” trucks allowed signs were placed on Meeting House Lane. All roadsides are mowed. All fluids belts and hoses are checked daily in the Township equipment. The Road Crew posted the Bert Reel Park Community Day sign, the drain swale by the volleyball courts were redug, a tree that fell near the snack shack has been cleaned up, and the handicap spots were re -painted. Total equipment hours are 32 and vehicle miles are 560.

Pomeroy Fire Company report. Ms. Silvernail reported that a total number of alarms answered for the month of June was 10 for; 1 smoke in the dwelling, 3 auto accidents, 1 trees in wires, 2 automatic alarm, 1 medic alert alarm, 1 assist ambulance, 1 bulldozer. Time in service was 1 hour and 36 minutes. Total miles were 20

Sadsburyville Fire Company report. No report given

Emergency Services Coordinator report. No report given

Township Park Committee news Ms. Horan reported that the ball games are over for the season and the committee is gearing up for Community Day. Ms. Horan stated that there are issues with leaving the bathrooms open at the park; the bathrooms must be locked at all times unless the park is in use for an event.

Payment of Invoices:

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the June general fund invoices in the amount of $84,683.87. 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 payment of the June sanitary sewer invoices in the amount of $24,770.27. 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 payment of the June payroll in the amount of $30,009.77. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed raising the family income levels as set by the U.S. Department of Housing and Urban Development. The purpose of raising the levels is to help those residents that are in need to apply for the Township’s Sanitary Sewer Lien Agreement. This agreement is based on family income. The Board agreed to establish the low income rate at 60%. The Board stated that there is also a grant being offered from the County that offers assistance for plumber’s costs in tapping into the public sewer.

Ms. Silvernail made a motion, seconded by Ms. Horan, to raise the family income levels to 60% as per the U.S. Department of Housing and Urban Development, to help those families in need of the Township’s sanitary sewer lien agreement. With there being no questions from the public, the Board voting, “aye”, the motion passed unanimously.

Ms. Silvernail announced that all committees, police department, road crew, engineers and inspector’s newsletter articles are due by July 24, 2009 for the fall issue of the Township newsletter.

Public Comment:

Alan Eagles asked if the traffic signal at AIM Boulevard and Independence Way has been checked. The Board stated that the proper channels are being taken to inspect the traffic signal.

Susan Franco thanked Mr. O’Neil for his effort in completing an inspection at Forrest Drive.

An associate from D. L. Howell presented the Board with a formal Subdivision Land Development plan for a lot line change to the Herling property along Maple Avenue. The Board accepted the plans under the terms that Mr. MacCombie checked them for completeness.

Mr. Hensel asked Mr. O’Neil about the paving along Washington Lane with no curbing, he said there is no place for the water to go. Mr. O’ Neil said that there are drainage patterns along Washington Lane and the patterns collect a smaller amount of water compared to if there were drains installed but they are working properly,

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer