Regular meeting held Wednesday November 4, 2009

A regular meeting of the Board of Supervisors was conducted on Wednesday November 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. O’Neil substitute for Mr. MacCombie Township Engineer & Zoning Officer, and members of the community.

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. Sergeant Ranck reported that for the month of October the police department patrolled 3,012 miles and answered 123 complaints regarding: 4 suspicious persons, 2 911 hang up, 12 alarms, 4 domestics, 8 accidents, 1 disturbances, 1 assist to other departments, 5 harassment, 2 criminal mischief, 8 animal, 4 theft. Sergeant Ranck said 15 citations were issued for the month for 2 parking tickets and 9 criminal arrests for 1 harassment, 1 DUI, 1 bad check, 1 hit and run, 3 drug possessions and disorderly conduct, 1 theft of services, 1 bench warrants. The patrol activities included 15 traffic checks and 12 properties –business checks. Sergeant Ranck said that trick or treat went very well with no complaints. Sergeant Ranck Thanked both Sadsbury and Pomeroy Fire Companies for helping with traffic control.

Township Engineer report. Mr. O’Neil reported that he has construction releases for the Boards consideration for Burkholder Paving; with the Township holding 5% retainage, a payment in the amount of $71,293.48.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the construction release for Burkholder Paving with Sadsbury holding a 5% retainer, a payment in the amount of $71,293.48 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Neil stated that a release has been prepared for the balance owed to Higgins for the AIM Boulevard traffic signal to be paid out of the Keystone Escrow being held by Pat O’Donnell in the amount of $10,787.52 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction release to Higgins for the AIM Blvd traffic signal to be paid out of the Keystone Escrow being held by Pat O’Donnell in the amount of $10,787.52 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye” the motion passed unanimously.

Mr. O’Neil stated that a release has been prepared for Sadsbury Township to be paid from the Meeting House Properties escrow for June through November inspections for the AIM Blvd. Traffic signal in the amount of $760.00 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the payment to Sadsbury Township from the Meetinghouse Properties escrow for the June through November inspection of the AIM blvd traffic signal in the amount of $760.00 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Neil stated that the final construction release for Gateway Church has been prepared in the amount of $73,220.62 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the final escrow release for Gateway in the amount of $73,220.62 as per Mr. MacCombies recommendation. With there being no questions from the public, Ms. Horan voting “aye”, Ms. Silvernail voting “aye”, and Mr. Hensel abstained the motion passed.

Mr. O’Neil reported that a draft package for the sanitary sewer phase 4 is prepared and ready to go out to bid in December and easements are still needed if the Board desires. The Board will have 120 days to award the bid and will have the right to refuse all bids. The Board agreed to have the final phase go out to bid.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to authorize the final sanitary sewer phase 4 be advertised for bid. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Neil stated that he resubmitted the Sadsbury Village Enhancement Plans regarding traffic calming. A set of plans were also submitted to the Township for file.

Township Solicitors report. Mr. Pompo reported that he has reviewed the Grading Permit Escrow Agreement of James and Kimberly Ford of 220 Old Mill Road with an escrow set at $5,000.00. Mr. Pompo stated that these documents are in order.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the Grading Permit Escrow Agreement of James and Kimberly Ford of 220 Old Mill Road with an escrow set at $5,000.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo presented the Board with an updated collection spreadsheet which shows $41,000.00 of bad debt has been paid to date. Ms. Horan requested that she would like to see the dates placed behind the names when the money is received. Mr. Pompo will update the list and get it to the Board. Mr. Pompo stated that a property owner on the list that owns several properties within Sadsbury Township has requested a payment plan. The Board agreed to decline this request. Mr. Pompo stated to date Mr. Walker has only paid $1,200.00 of the $5,000.00 owed to the Township. Mr. Pompo has tried to reach Mr. Walkers attorney and has not gotten a response. Mr. Pompo stated that the Board should make a decision on how the money is to be collected, either record a judgment against the property and lien the property or attach the property and sell items until the costs have been met. The Board agreed to lien the property.

Township Planning Commission report. Ms. Franco reported that under new business on the agenda was Lincoln Crest Mobile Home Park preliminary land development application at which no representatives appeared. Ms. Franco stated that old business conducted was a discussion of Lot 5 Witmer Properties; Mr. Joe Russella of D. L. Howell represented the applicant along with Mr. Orsatti of Orsatti & Associates Landscape Designers. The applicants plan showed a reduction in the amount of landscaping that is required by the Township’s Land Development Plan. The Planning Commission suggested that the applicant return to the Board of Supervisors to present their landscape variation to get their input. Sadsbury Commons was on the agenda with no representatives showing.

Township Zoning report. Mr. O’Neil reported that he received 3 complaints that were addressed and handled.

Township Road report. Mr. Turner reported that the first load of salt was delivered. Plows and spreaders were installed on Township trucks. Filled pot holes where needed. A review of all Township signs was completed and recorded for the update of the sign Ordinance. Painted vascar lines on Compass Road. The International has been repaired and is back in service. Checked all belts hoses and fluids daily in all Township vehicles. Total equipment hours are 6 and vehicle miles are 684.

Mr. Pompo stated that he is in receipt of the marked up sign Ordinance from Mr. Turner.

Pomeroy Fire Company report. Mr. Earl Taylor reported that for the month of October a total number of alarms answered were 8 for 1 accident, 1 oil spill, 1 furnace malfunction, 2 automatic alarms, 1 auto accident, 1 transformer, 1 wire. 5 alarms were for Sadsbury, 2 were for East Fallowfield, 1 Highland

Sadsburyville Fire Company report. No report given

Emergency Services Coordinator Update. Mr. Taylor reported that Keystone installed (2) Knox Boxes. Mr. Taylor met with the fire chief at Keystone Ranger as Keystone is implementing a fire company within the grounds of Keystone Ranger.

Payment of bills:

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the October general fund invoices in the amount of $60,657.48. 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 October sanitary sewer invoices in the amount of $33,066.11. 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 October payroll in the amount of $30,940.05. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Denny Howell of D.L. Howell and Associates representing Witmer Properties, presented the Board with a waiver request from Section 427.F.1 and Section 427.H.5.a. of the Sadsbury Township Subdivision Land Development Ordinance for the requirements of Landscaping. Mr. Howell provided a plan that shows future build out and how the current landscaping ordinance will affect the future. Mr. Howell stated that with the waiver request will allow for 1/3 of the plantings now. Ms. Silvernail asked what time frame before build out? Mr. Howell answered possible (3) years depending on the economy. Mr. Pompo asked what will happen if the Board refuses the waiver request and requires the full compliance of the Ordinance. Mr. Howell stated it will be impossible to complete any addition if they have to comply with the current Ordinance. Ms. Horan requested them to provide a plan showing the residence along Morris Lane. Ms. Silvernail stated that whatever decision is made adequate screenings along the property lines would need to be met. Mr. Howell stated that if the Board agrees they will complete the plantings and if the Township can reserve the right to require more plantings. Ms. Silvernail stated that when they appeared before the Township Planning Commission no recommendation was made for the Board to review they must go back before the Planning Commission for a recommendation. No action was taken

Ms. Silvernail discussed a letter received from the Chester County Planning Commission in partnership with the Chester County Department of Emergency Services, Delaware Valley Regional Planning Commission and PennDot, initiating an Incident Management Task Force for the Route 30 Corridor. The purpose of the task force is to facilitate communication and cooperation among organizations involved in responding to traffic incidents with the goals of improving safety, decreasing response times, and minimizing impacts on traffic operations. The first meeting is scheduled for Friday November 13, 2009 at 10:00 am and will meet on a quarterly basis. Ms. Silvernail asked the Board if they would like to attend this meeting to represent the Township. Mr. Hensel said he has no interest, Ms. Horan said she cannot make the meeting but would be the representative for the Township. Ms. Silvernail said she would attend.

The Board discussed a memo received from Nancy Fromnick Recycling Coordinator of the Chester County Solid Waste Authority Regional Household Hazardous Waste Collection Program. A participation commitment is requested for each Municipality to help share the costs that will be based on the 2000 census PADEP has agreed to provide 50% reimbursement of costs. If the Township fails to participate in this program the Township will be charged $100.00 per attending vehicle from that municipality and will not be entitled to the PADEP reimbursement. The Board requested that the Township contact Ms. Fromnick to inquire what the yearly costs to the Township will be.

The Board discussed a Resolution regarding its intent to follow a schedule and procedures for the disposition of records as set forth in the Municipal Records Manual that was approved December 16, 2008. The records to be destroyed are as follows: 1993, 1996 cancelled general fund checks, 1991, 1993, 1995, 1996, 1997, trash collection invoices, 1978, 1979, 1984, 1987, 1988, 1989, 1990, 1991, 1995, 1996, 1997, tax collection records.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to adopt Resolution 2009-06 regarding the disposition of records. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed retaining Comfort Pro Inc., for the Townships heat maintenance inspections, air conditioning inspections, and filter changes for a fee of $1,025.00 for the 2009/2010 year.

After discussion Ms. Silvernail made a motion, seconded by Ms. Horan, to retain Comfort Pro Inc., for the air conditioning, heating maintenance for the year of 2009/2010. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board received (3) proposals to replace the roof on the (2) bay police garage. Ms. Silvernail stated that the lowest proposal does not include any replacement of damaged wood base. Sergeant Ranck stated that if the contractor looks inside you can see the exposed wood. It was requested to call the lowest proposal to have him look at the wood on the inside of the garage. No action was taken.

Ms. Silvernail announced that the fall bulk trash pick up is scheduled for Friday November 6, 2009.

Public Comment:

Susan Franco thanked Earl Taylor for their response with a school bus accident, and she thanked the Township Police and Fire Companies for their assistance during trick or treat night.

The Board of Supervisors thanked the police and fire company for coming out and keeping the Township safe during trick or treat.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer