Regular Meeting, October 5, 2010

A regular meeting of the Board of Supervisors was conducted on Tuesday September 7, 2010 commencing at 7:00 p.m. Chairwoman Ms. Silvernail called the meeting to order. Present was Supervisors Ms. Horan, and Ms. Sarbaum, Mr. Pompo Township Solicitor, Mr. MacCombie Township Engineer/Zoning Officer, Mr. Weaver Township Building Inspector and members of the community.

The moment of silence and pledge of allegiance were observed

Ms. Silvernail made a motion, seconded by Ms. Horan, to waive the reading of 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 Ms. Horan, to adopt the previous meetings minutes. 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 September the police patrolled 2,810 miles and answered 112 complaints from the public for; 4 suspicious persons, 3 911 hang ups, 14 alarms, 1 domestics, 9 accidents, 1 disturbance, 3 assist to other departments, 3 criminal mischief, 4 animal, 2 burglary, 4 harassment, and 6 theft. The Chief reported 9 citations were issued and 3 disorderly conducts arrests were made. Patrol activities included 5 traffic checks and 5 property checks. Chief Groce recommends scheduling trick or treat to be held October 31, 2010 from 6:00 to 8:00 pm for children 12 years and under to be accompanied by a parent or guardian.

Ms. Silvernail made a motion, seconded by Ms. Horan, to schedule Trick or Treat to be on October 31, 2010 from 6-8 pm for children 12 and under to be accompanied by a parent or guardian. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Engineer report.

Mr. MacCombie reported that on October 21st 2010 the blasting is scheduled for the sanitary sewer phase 4 project. Mr. MacCombie has received the completed contracts for Burkholder Paving and plans to attend a pre construction meeting. Mr. MacCombie stated that he received a complaint regarding speeding on Route 10 near the Upper Octorara Church. Mr. Don Stevens states that the church has a lot of elderly citizens that attend the church and the church has a pre school and there have been many close calls for members pulling in and out on Route 10 with speeding traffic on Route 10. Mr. MacCombie stated that he will contact Chris Williams with regards to the traffic impact study that was completed for Sadsbury Commons.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to instruct Mr. MacCombie complete a speed study along Route 10 at the Upper Octorara Church. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail asked why the sanitary phase 4 is taking so long. Mr. MacCombie stated that the contract was awarded when there were easements that at the time had not been received. The Township received the last easement at the end of June. Also, when the contractor completed the rock testing he discovered that some blasting would be required. The company that performs the blasting was on vacation. Therefore, the project has been delayed by several months due to those issues.

Township Solicitor report.

Mr. Pompo reported that (4) items on his agenda relate to actions necessary for Chester County Tax Collection Committee Act 32. The collector position went out for bid and Keystone Collections was awarded the bid as the single tax collector for the Chester County Tax Collection District to be effective January 1, 2011. Mr. Pompo stated that the advantages of the county using one collector for earned income tax and local services tax will be better efficiency and lower costs for collection. Mr. Pompo stated that the Township will save money. The commission rate Keystone is charging is 1.35%, which is lower than most current contracts. Mr. Pompo stated that he is recommending that the Board authorize the advertisement of the EIT Ordinance levying a tax on earned income and net profits requiring tax returns; requiring employers to withhold and remit tax; and related provisions. Mr. Pompo recommends to adopt a resolution to accelerate Act 32 Tax Collection and naming Keystone Collections Group as the Township’s tax collector and to adopt a Resolution requesting Chester County Tax Collection Committee to contract for the collection of Local Service Tax. Mr. Pompo stated that starting January 1st the Township’s current collector which is Berkheimer will not be involved in the collection of the Township’s tax.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to authorize Mr. Pompo to advertise the EIT Ordinance levying a tax on earned income and net profits requiring tax returns; requiring employers to withhold and remit tax; and related provisions to be enacted at the next Board meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to send a letter to DCED after the November 3rd meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to adopt Resolution 2010-11 to accelerate Act 32 Tax Collection and naming Keystone Collections Group as the Township Tax Collector. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to adopt Resolution 2010-12 requesting the Chester County Tax Committee to contract for collection of the Local Services Tax. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated that the Zoning Ordinance Committee has been working on the new Zoning Ordinance for a long period of time. The committee has made a recommendation to the Supervisors to review the Ordinance and forward a copy to the Chester County Planning Commission and Township Planning Commission to officially be heard at their next scheduled meeting. The Board discussed meeting dates to schedule a public hearing. The Board and consultants agreed November 16, 2010 at 7pm to conduct a public hearing for the Zoning Ordinance.

Ms. Silvernail made a motion, seconded by Ms. Horan, to authorize Mr. Pompo’s office advertise the special public hearing for the Township‘s zoning ordinance. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Road Department report.

Mr. Simmons reported for the month of September the road department mowed and maintained Township property and right of ways. The area for planting native trees that Chester County Conservation District requested has been cleared. Sanitary sewer manhole covers were located and marked out between Lincoln Highway South to Quarry Road. A “no trucks beyond this point” sign was installed just a few hundred feet south of the Keystone Foods plant after receiving complaints regarding damage from tractor trailer entering Pomeroy Heights. The road crew has been obtaining quotes for the 2011 budget process as well as completing maintence needed in this year’s budget. The Township has received $14,376.42 from Pema with regards to the February 2010 snow storm. Mr. Simmons introduced Jamie Bowers as the new road crew worker and says he brings a rich knowledge to the Township and is a highly motivated worker.

Mr. Simmons presented the Board with (5) quotes for a new Boss V Model 9’2” Poly Plow for the 2009 Ford as follows:

Lancaster Truck Bodies $7,325.00
EVB Service Center $9,053.33
Harrisburg Truck Body Co. $7,490.00
Weaver Turf Power $7,269.05
Stoltzfus Farm Service $7,291.45

Mr. Simmons states that the Boss V Model plow does not fall under state contract, this is why he presented (5) quotes.

Mr. Simmons added that he spoke to the Municipal Services Supervisor and the purchase of the plow would fall under the liquid fuels. Ms. Silvernail stated the pricing is close for Lancaster Truck Bodies for the plow and slightly higher for the hydraulics would it be more efficient to get the jobs done at one shop. Mr. Simmons stated that they will not guarantee service outside of regular business hours and Weavers Turf Power is available 24/7.

Ms. Silvernail made a motion seconded by Ms. Sarbaum, to approve the proposal from Weaver Turf Power for the new Boss V Model 9’2” Poly Plow for the 2009 Ford F550. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Simmons presented the Board with (3) quotes for the hydraulics for the 2003 Ford Truck as follows:

Weaver Turf Power $3,684.00
Lancaster Truck Bodies $2,850.00
Reading Equipment $3,234.34

Mr. Simmons stated that this quote is to switch the wiring from the 2009 Ford F550 to the 2003 Ford F350. The Board stated that Weaver Turf Power was awarded the proposal for the plow and the hydraulics work is slightly higher but to have the work done in one shop would be more efficient.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the proposal from Weaver Turf Power to switch out the wiring from the 2009 Ford F550 to the 2003 Ford F350, with there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Simmons stated that he has a quote from McClure’s garage to replace the drive shaft axle seals in the 1989 International Dump Truck to cost $1,309.44. Mr. Simmons also provided a proposal from Randall Cohenour to weld and straighten the V plow to cost $500.00.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the proposal from McClure’s Garage to replace the drive shaft axel seals in the 1989 International. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the proposal from Randall Cohenour to weld and straighten the V plow to cost $500.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Building Inspector report.

Mr. Weaver reported that he was on vacation and will give the second and third quarter report. He stated for the second quarter there were (3) building permits issued for interior renovations, add steps to attached deck, and for an addition of a detached garage. (6) Commercial permits were issued for a temporary sales tent, Verizon renovation, damaged sign, Verizon electrical and Verizon sign. (7) Certificates of use and occupancy were issued (10) certificates of approval were issued. Mr. Weaver said (2) notices went out for an unsafe structure due to fire and one for working without permits and (4) grass and weed violations. Mr. Weaver reported that for third quarter (12) residential permits were issued, (6) commercial permits were issued, (3) use and occupancy permits were issued (10) certificates of approval were issued. (1) Notice went out for construction without a permit and (3) grass and weed violations were issued.

Township Zoning report.

Mr. MacCombie reported that he met with the owner and contractor of PJ’s Deli along with PenDot. Mr. Gallagher applied to the Zoning Hearing Board for a hearing.

Pomeroy Fire Company report.

Mr. Taylor reported that for the month of September a total of 11 alarms were answered for 1 house, 1 assist ambulance, 3 brush, 2 auto accidents, 1 apartment building, 1 building, 1 investigation, 1 automatic alarm. The alarms were answered for Sadsbury 5, Valley 1, Parkesburg Borough 1, Manor Twp Lancaster County 1, Sadsbury Township Lancaster County 1, Highland 1, and Coatesville 1. Total time in service was 8 hours and 11 minutes.

Pomeroy Ambulance report.

Mr. Taylor reported for the month of September a total of 69 calls were answered for; Sadsbury 19, Valley 4, Highland 2, West Sadsbury 3, Coatesville 4, East Fallowfield 5, Parkesburg 31, and West Caln 1. Types of calls were; medical 61, vehicle accidents 2, fire 4, recalled 19, scratched 2. Mr. Taylor stated that he met with Sikorsky and discussed supplemental staffing from our career staff. The fire companies had a consolidation meeting with municipalities in attendance.

Sadsburyville Fire Company report.

No report

Emergency Management Coordinator report.

Mr. Taylor reported that on September 9, 2010 the Emergency Management Coordinator was summoned to the incident support trailer at the Millville Townhouse fire in Coatesville at around 4 am. Mr. Taylor was informed that the Gateway Church would house 150 people, and he was asked for his assistance in making phone calls establishing security for the residents going to the church. Mr. Taylor stated that Sadsbury Police Department was unavailable at this time. The incident support trailer was able to contact the Chester County Sheriffs Department to provide the help requested. Mr. Taylor thanked Gateway Church for opening their doors in the time of need for the Red Cross.

Park Committee report.

Ms. Horan stated that the park committee has one more meeting for the season until 2011. Ms. Horan stated that the park pavilion has been rented almost every weekend this season with no issues. Ms. Horan stated that she would like Jamie Bowers to meet with Elmer Pluck to discuss park maintenance.

Payment of invoices:

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to pay the September invoices in the amount of $70,894.95. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to pay the September payroll in the amount of $26,567.52. With there being no questions from the public, the Board voting “aye’, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to pay the sanitary sewer invoices in the amount of $43,795.12. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Steve Johnson, Maintenance Manager for Keystone Foods presented the Board with a request to have snow fence installed along Washington Lane. He stated that they had 10’ snow drifts along Keystone Foods building and 8’ drifts on Washington Lane. Mr. Johnson stated that there were 12 to 18 people stranded in the building that could not get out and no one could get in. Ms. Silvernail stated that the Board is aware that Washington Lane drifts and with trucks breaking down it was almost impossible to keep up. Mr. Johnson stated that Keystone is a 24/7 operation. Mr. MacCombie asked who’s paying for the fence, if you need the roadway open because of a 24/7 operation. Mr. Johnson stated that it’s a Township road with not only access to Keystone Foods but to the Pomeroy Heights neighborhood. Ms. Silvernail stated that the Township is not in favor of paying the bill and we make every effort to keep the Township roads open. Mr. Johnson stated that Valley Township agreed to assist and work with Sadsbury Township. Mr. Pompo stated that Sadsbury will assist as well but Keystone Foods is not located in Sadsbury Township and collects no tax revenues from the company we are not willing to pay.

Susan Boswell, Attorney representing Lafayette Square is requesting approval of the phasing portion of the Subdivision Land Development Agreement and Subdivision Financial Security Agreements. Ms. Boswell requested to delay the recording of the declaration documents so that Mr. Lymberis would not be paying taxes on empty space. Ms. Silvernail stated that the project could take up to 7 years to build out and Boards members and consultants change over the years. Who is going to make sure that the recording is followed through with? Mr. Pompo asked when Mr. Lymberis intends to have buildings occupied. Mr. Lymberis stated late spring early summer of 2011. Ms. Sarbaum asked how the Township would be exposed if Township delays the declaration documents. Ms. Pompo answered that if the Board grants this request it sets a precedent for others. Ms. Horan stated that the Board is getting numerous requests to change procedures because the economy is bad, she stated it’s not the Boards responsibility. Mr. Pompo commented that once the Board agrees to do this, it will be equal for everyone and would set a new policy. The Board agreed to leave the policy as is and not change it.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Subdivision Land Development, Subdivision Land Development Agreements, and the Financial Security Agreements for Lafayette Square contingent upon the review approval of Mr. Pompo. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail announced that the Supervisors and their guest officials would like to attend the fall county convention on November 4, 2010 to be held at the Mendenhall Inn at $50.00 per person to be paid by the Township. The Board was in agreement.

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay $50.00 per guest official to attend the County Convention on November 4, 2010 at the Mendenhall Inn. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Sarbaum to appoint Ms. Silvernail as the Road Department Liaison until December 31, 2010. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Sarbaum to appoint Ms. Sarbaum as liaison to the Planning Commission. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Mike Klingman is concerned with the gas pipeline that runs through their development after the gas pipeline explosion in California. The Board welcomed Mr. Klingman to the Zoning Hearing Board.

John Lymberis told the Board that Gunner Zorn passed away.

Robert Oswald asked why the water company is putting a burden on the phase 4 residents that are in the final sanitary sewer construction phase. Mr. Oswald stated that he received a letter from the Township giving him an opportunity to pay his connection fees before the end of 2010 when the rate increase takes place. Ms. Silvernail and Mr. MacCombie explained that Sadsbury is 1 of 4 municipalities challenging the proposed Pennsylvania American Water Company rate increase. Mr. MacCombie stated that Sadsbury has done a remarkable job and the rates are going to be much better because of it. Mr. Oswald requested that the Township send him more information regarding the Township’s public sewer system.

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

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer