Regular Meeting, Tuesday, December 7, 2010

A regular meeting of the Board of Supervisors was conducted on Tuesday December 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, 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. Sarbaum, 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 during the month of November the police patrolled 3, 595 miles and answered 121 complaints from the public for: 5 suspicious persons, 5 911 hang ups, 16 alarms, 8 domestics, 9 accidents, 5 criminal mischief, 5 assist to other departments, 3 animals, 1 harassment, 1 theft, 1 robbery. 4 parking tickets were issued and 7 arrests for 3 theft, criminal mischief, and receiving stolen property, 1 simple assault and harassment, 1 hit and run accident, 1 juvenile arrest criminal mischief with air rifle, 1 juvenile arrest theft and receiving stolen property. Patrol activities included 9 traffic checks and 6 property checks.

Township Engineer report.

Mr. MacCombie reported that the status of the phase 4 sanitary sewer construction is still blasting, he stated it is taking longer due to the blasting is near homes, therefore they are blasting in small sections. This should be completed in a few weeks. Mr. MacCombie provided the Board with information regarding delineators and discussed having them placed along the creeks and brush to mark the sanitary sewer manholes. He stated that the price range is between $746.00-$1,012.00 for the amount of delineators needed. The Board will review the information provided. No action was taken and this was tabled until the next Board meeting. Mr. MacCombie stated that he has prepared a final construction payment to Burkholder Paving for the completion of the 2010 road-resurfacing project in the amount of $61,234.80.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the construction payment to Burkholder Paving in the amount of $61,234.80 for the 2010 road-resurfacing project as recommended by Mr. MacCombie. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a letter of credit reduction certificate of completion for Witmer Properties in the amount of $277,956.36 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve a credit of reduction certificate of completion for Witmer Properties in the amount of $277,956.36 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 reported that he has prepared a draft Resolution that recognizes and values the services provided by the volunteer emergency service organizations that serve the Township. This Resolution creates a consolidation committee that is comprised of representatives from each participating fire company, elected officials and citizens at large to examine and recommend action to the fire company that will improve service and promote the preservation and enhancement of volunteer fire services in the most cost effective manner possible.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2010-14, a Resolution that creates a consolidation committee for volunteer emergency service organizations that serve the Township. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed an Ordinance that has been advertised as required regarding amending Chapter 101 sanitary sewer use, by increasing the sewer tapping fee to $3,513.08 per EDU, by increasing the annual sewer rental fees to $485.00 per EDU and by reducing the meter rate to $9.50 per thousand gallons of water. Mr. Pompo stated the revised tapping fee calculations were prepared by Mr. MacCombie to support the new tapping fees. The calculations are attached to the end of these minutes. Mr. MacCombie explained that the increase is based upon Pennsylvania American Water Company filing to change the current $3.77 per thousand gallons to $10.29 per thousand gallons. He stated that the (4) municipal bulk users joined together to fight the rate increase. Mr. MacCombie stated that starting January 1, 2011 the current $3.77 per thousand gallons will increase to $5.68 per thousand gallons. Mr. MacCombie explained that the Township is trying to hold fees but also has bonds and debt service payments. Mr. MacCombie stated that the flat rate is increased to pay the debt service and the usage rate was decreased. Mr. MacCombie stated that the average user in Sadsbury uses between 225 to 250 gallons per day, there are a few that only use 20 to 30 gallons per day which is very unusual. Mr. MacCombie stated that since 2001 the Board has had only one increase to the tapping fee from $2,445.00 to $2,541.02. Ms. Gellman asked Mr. MacCombie to translate fees for her to understand what she will be paying a year for sanitary sewer. Mr. MacCombie replied $1,200.00 a year for 2011. Mr. Lymberis asked if the $525.00 was included in the tapping fee increase of $3,513.08. Mr. MacCombie stated “yes” but in 2012 Pennsylvania American Water Company will have an increase to $4,000.00 that replaces the $525.00 fee. Mr. Lymberis asked what the current Township rates are. Mr. MacCombie stated flat rate is $200.00 and the usage rate per thousand gallons is $11.00.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Ordinance 2010-05 amending Chapter 101 sanitary sewer use Ordinance by increasing the sewer tapping fee to $3,513.08 per EDU; by increasing the annual sewer rental fees to $485.00 per EDU and by reducing the meter rate to $9.50 per thousand gallons of water. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed with the Board the proposed grant for the Chester County Airport Authority to develop and implement an airport district overlay Ordinance under the Aviation Development Program. Mr. Pompo stated that no funding would be given unless the Ordinance is activated and up to 90% reimbursement. Ms. Horan asked how much money the Township would have to pay. Mr. Pompo said engineering expenses and some legal expenses. Mr. MacCombie stated that the current airport overlay Ordinance the Township has on file is in compliance. Mr. Pompo stated by partnering with Chester County Airport Authority, they must send notice to proceed prior to commencing any activities.

Ms. Silvernail made a motion, seconded by Ms. Horan, to submit a letter that Sadsbury Township wishes to partner with the Chester County Area Airport Authority to develop and implement an Airport Overlay Ordinance under the Aviation Development Program. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo announced that since the adoption of the Township’s new zoning ordinance the Township has received a number of requests for zoning changes that have been forwarded to Mr. Grafton to be considered along with the comments from the Township Planning Commission and Mr. MacCombies review letter to be re-visited by the Board in the new year.

Mr. Pompo stated that Lafayette Square has posted a letter of credit with the Township; Ms. Boswell attorney for Lafayette Square informed Mr. Pompo the homeowners documents will be ready any day for his review, Mr. Pompo recommended that the Board sign the plans and they will not be recorded until the final document is received and acceptable.

Township Planning Commission report.

Ms. Franco reported that the Planning Commission met on Wednesday November 10, 2010. All members were present. There was no business on the agenda; therefore the meeting was adjourned at 7:10 pm.

Township Zoning report.

Mr. MacCombie reported that PJ’s Deli received Zoning approval and PennDot approval to move forward with the re- building of the deli. Plans have been submitted.

Pomeroy Fire Company report.

Mr. Gathercole reported that for the month of November a total of 12 alarms were answered for 3 standby, 1 automatic alarm, 1 auto accident, 1 dwelling, 1 residential rescue, 2 mulch, 1 vehicle fire, 1 garage, 1 chimney. Total alarms were for 5 Sadsbury, 2 Parkesburg Borough, 1 Atglen Borough, 2 East Fallowfield, 2 Caln. Time in service was 7 hours and 49 minutes.

Pomeroy Volunteer Ambulance report.

Mr. Gathercole reported that for the month of November calls per township were: Sadsbury 22, Valley 2, West Fallowfield 1, Coatesville 1, East Fallowfield 5, Parkesburg 13, Atlgen 1, Caln 1, and Lancaster County 1. Types of calls were for: medical 37, vehicle accidents 1, recalled 7, fire 3, relocate 1. Total number of transports was 38. Mr. Gatercole reported that Pomeroy met with Sikorsky and discussed supplemental staffing from our career staff and Pomeroy will be assisting Sikorsky with staffing through a cooperative effort. Mr. Gathercole reported another consolidation meeting was held and progress is moving forward. He reported that the ambulance call volume has increased over last years totals and is at the highest in ten years. Mr. Gathercole thanked all volunteer personnel for making it a great year.

Sadsburyville Fire Company report.

Mr. Grossman reported for the month of November the fire company answered 11 alarms for: 1 auto accident, 1 chimney, 1 ambulance assist, 2 automatic alarms, 1 vehicle, and 1 field. The alarms were answered for the following stations: assist to 28 1 dwelling, assist to 43 1 dwelling, assist to 44 1 automatic alarm, assist to 35 1 auto accidents with fire. Total time in service was 4 hours and 15 minutes. Mr. Grossman stated that the fire company is doing renovations to the Sadsburyville Fire Company building. They are requesting the Board waive the permit fees. The Board discussed and agreed to waive the fees contingent upon all permit paper work is to be submitted to the Township prior to work being completed.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to waive the Sadsburyville Fire Company permit fees contingent upon all permit paperwork be submitted to the Township prior to work being performed. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Chester County Airport update:

No report given.

Payment of invoices:

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to pay the November invoices in the amount of $77,722.05. 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 $29,326.83. 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 $48,380.56. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Tabled business:

The Board discussed the Christina Basin Restoration and TMDL (Total Max Daily Load) Implementation plan. Mr. MacCombie stated that 21 municipalities have signed up for this program. Mr. MacCombie stated that this plan will be watershed based and portions of the plan can be used as the total max daily load implementation plan for the municipal MS4 requirement. Mr. MacCombie stated that he files the MS4 report for Sadsbury in June for the discharge of the waters into the Commonwealth of Pa. Mr. MacCombie recommended that the Township join the implementation plan. Ms. Horan asked what the costs are to join. Mr. MacCombie stated it will be $500.00 for 2010 and $1,500.00 for 2011. Mr. MacCombie stated that if the Township does not join the costs will be much greater; Mr. Pompo stated it’s a benefit to the Township to join. Ms. Sarbaum asked how much more expensive would the costs be. Mr. MacCombie replied it could be $10,000 to $50,000, he was not sure.

Ms. Silvernail made a motion, seconded by Ms. Horan, for Sadsbury Township to join the Pennsylvania Christina Basin Restoration and TMDL Implementation Plan with a total cost to be $2,000.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Charles Differ Engineer representing Mark Madanat owner of Little Anthony’s presented the Board with a request to give Mr. Madanat permission to make a connection to the Valley Township pubic sanitary sewer. Mr. Differ explained that Little Anthony’s is located at the corner of Lincoln Highway and Washington Lane. Ms. Silvernail asked if they had approached Valley Township, Mr. Differ answered “yes”. Mr. Pompo stated that an inner municipal agreement between Valley Township and Sadsbury Township would have to be entered along with an operation maintenance agreement. The Board has no objections to Mr. Madanat making a connection into the public sanitary sewer of Valley Township, but Valley Township must agree and the Mr. Madanat must post an escrow account to cover all costs with preparing said agreements.

Mr. Flinchbaugh Engineer representing Commonwealth of Pennsylvania National Guard requested the Board approve the reverse subdivision plan. Mr. Flinchbaugh stated the reverse subdivision combines lots 2 & 3 as required in the decision and order. Mr. MacCombie provided a clean review letter.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the final reverse subdivision plan for a lot line change for the Commonwealth of Pennsylvania National Guard plans. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Michael Gill Attorney representing Sadsbury Commons Medical Office is presenting the Board with a request for preliminary subdivision plan approval. Mr. Gill stated that the proposed medical office lot proposes a two lot subdivision with one two story medical office building on lot one and a mixed use commercial development on the remaining land on approximately 61 acres of land located along Octorara Trail. Mr. Gill stated that the developer intends to connect to public sewer and water. Mr. Pompo provided the Board with an updated proposed list of conditions for the Sadsbury Commons application for preliminary subdivision. Mr. Gill stated that the sewer district, if approved, could include Tractor Supply, Hershey’s Farm Market, Hershey Motors, Turkey Hill, and Hanaway Tract. Mr. Gill stated that they will comply with the proposed list of conditions for Sadsbury Commons’ application for preliminary subdivision and land development. Mr. MacCombie stated that he has no objection to the conditions.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to give conditional preliminary subdivision and land development approval for the Sadsbury Commons Medical Office site contingent upon compliance with all conditions, and all material respects with comments by the Township’s Professional Consultants as applicable to the preliminary plan. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed the Chester County Historic Preservation Network membership. Ms. Silvernail stated by joining, the network would bring historical commission, organizations and individuals of Chester County together to preserve their neighborhoods and communities. The annual cost is $85.00.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Horan, to join the Chester County Historic Preservation Network Membership to cost $85.00. With there being no questions from the public, the Board voting “aye” the motion passed unanimously.

No public comment

With there being no further business, Ms. Silvernail made a motion, seconded by Ms. Horan 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