Regular Meeting Tuesday May 5, 2009

A regular meeting of the Board of Supervisors was conducted on Tuesday May 5, 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 and Zoning Official, 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.

Ms. Silvernail opened (2) sealed bids for the 2003 Dodge Intrepid “as is” The bids were as follows:

Rodgers Auto Sales
$429.00

Richard Imhoff
$800.00

Ms. Silvernail stated that this vehicle needs a transmission, the Township received (2) quotes to repair the vehicle at a cost of $3,000. After Board discussion it was agreed to award the vehicle to the high bidder.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the bid from Richard Imhoff in the amount of $800.00 for the 2003 Dodge Intrepid “as is”. 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 April the police patrolled 3,148 miles and answered 102 complaints from the public for ; 3 thefts, 3 suspicious persons, 1 911 hang up, 16 alarms, 1 burglary, 8 domestics, 2 accidents, 3 disturbances, 4 assist to other departments, 2 harassment, 2 criminal mischief. There were 11 traffic citations issued for the month and 2 parking tickets and 3 criminal arrests for 1 aggravated assault, 1 burglary and theft, and 1 criminal warrant. Patrol activities included were 19 traffic checks and 36 property checks/business checks. Chief Groce reported that certificates of appreciation were presented to Hershey Motors, Keystone Helicopter, and John Rock Company for their support during the arson investigation earlier this year. The police department assisted Compass Road Homeowners in their annual cleanup of Compass Road and also Quarry Ridge Homeowners Association along Old Wilmington Road.

Township Engineer report. Mr. MacCombie stated that he prepared the self liquidating debt report and hand delivered it on Friday. Mr. MacCombie stated that he had a meeting with a concerned resident relative to issues at Gateway Church. Mr. MacCombie stated that Mr. McClure, a representative of Gateway Church has been in contact with this resident regarding the lighting issues and Mr. MacCombie agrees that additional buffering needs to be made to bring the project up to standards. Mr. MacCombie stated that he did an inspection of the walking trail at Octorara Glen and it is in need of attention. Mr. MacCombie stated that North Street has recently been under construction with the sanitary sewer project and the roadway is a disaster. He expects to pave the road the week of May 14th weather permitting. Mr. MacCombie reported that he prepared a release of handicap retainage for the traffic signal located at AIM Boulevard in the amount of $255.20 to Berolette Construction to come out of the escrow account being held by Patrick O’Donnell.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the release of $255.20 to Berolette Construction to be released from the account being held by Patrick O’Donnell for the handicap retainage for the traffic signal located at AIM Boulevard. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Earl Taylor made a comment regarding North Street and how rude the contractor is and they always parked their equipment in front of his driveway. The Board thanked Earl for his patience during the sewer project.

Mr. MacCombie reported that he has reviewed the Act 537 Sewage Facilities Plan update provided to him by Pennsylvania American. Mr. MacCombie stated that at this stage the Township is not required to turn over these documents to the Planning Commission again. Mr. MacCombie stated that he is comfortable with the contents of the material. Mr. MacCombie stated that Pennsylvania American Water Company is seeking an official response from the Board and a letter of transmittal to the Planning Commission stating that they have accepted the response comments. Mr. Ted Reed stated that the Act 537 will be sent to DEP as they receive it. Ms. Horan asked how many other Townships have submitted the Resolution. Mr. Reed replied so far they have sent Valley Township, Caln Township, West Caln Township and City of Coatesville.

Ms. Silvernail made a motion, seconded by Ms. Horan, to provide the Township Planning Commission with the response comments received and accepted by the Board from URS and to place the Resolution on next months agenda after review by the Board. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitors report. Mr. Pompo stated that Mr. Walker has requested a payment plan to pay the penalty and reimbursement of $6,365.88. Mr. Walker intends to pay in full over a ten month period of $636.00 per month and will begin April and pay the first of every month following. The Board discussed this and is fine with this arrangement as long as he follows the schedule. Mr. Pompo said if he doesn’t follow the terms this case will be turned over to Judge Gill. Mr. Pompo announced that the Board met in executive session before the regularly scheduled meeting to discuss litigation. Mr. Pompo stated that he has prepared a Decision and Order for Lincoln Crest Management LLC. Mr. Pompo stated that the Planning Commission and Board was not happy with the location of the recreational area and in the decision and order. Item #5 pinpoints a location of east of the entrance driveway south of Lauren Lane and north of Stacy lane. The Board discussed amending item #5 to state “keep east of entranceway and north of Stacey lane”. Mr. Hensel suggested keeping the recreation area away from business 30, Mr. Hensel stated for the wording to state “at least 400 feet from business 30”. The Board agreed to change the wording of item #5 to state “located a minimum of 400 feet north of business route 30”.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to approve the Conditional Use Decision and Order of Lincoln Crest Management LLC. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission report. Mr. Lymberis reported that the Planning Commission met on April 8, 2009 and approved the previous month’s minutes. There was neither new business nor old business to discuss.

Township Zoning report. Mr. MacCombie reported that a violation letter has been sent to Ms. Garris on Compass Road. Mr. MacCombie reported that the National Guard Armory has been in contact with his office.

Pomeroy Fire Company report. Mr. Taylor reported that for the month of April a total of 9 alarms were answered for an auto accident, 3 automatic alarms, 1 furnace malfunction, 2 houses, 1 odor investigation, and 1 wood. The areas of alarms answered were for East Fallowfied for 4 and Sadsbury for 5. Total time in service was 6 hours and 9 minutes. Mr. Taylor asked Mr. Pompo if he could prepare a sign off sheet exemption for the Knox Box Ordinance. Mr. Pompo stated that the Ordinance does not provide language for a waiver, the Ordinance would need amended.

Sadsburyville Fire Company report. No report given

Emergency Services Coordinator report. Mr. Taylor reported that the hydrants are in service in Pomeroy at Helen Street and Spaulding Avenue and North Street.

Township Park Committee report. Ms. Horan stated that the ball games have started at the Bert Reel Park and they are planning community day. Ms. Horan stated that volunteers are needed.

Payment of invoices:

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the April invoices in the amount of $71,161.95. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the April sanitary sewer invoices in the amount of $34,016.25. 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 approve the April payroll in the amount of $28,572.96. 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 pay the yearly PIRMA insurance of $36,794.81. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Gary Hudson representing the Chester County Airport presented the Board with an update of the tree removal project that was occurring on grounds surrounding the airport. Mr. Hudson stated that the State came out to do their normal inspection for the airport and found 26 trees in different locations needed to be trimmed down. Mr. Hudson stated that 4 of the trees that are in the approach path service are on Bellaire Business Center lands. Ms. Horan asked what the current height of the trees are and how low would they need trimmed down. Mr. Hudson stated that he did not have that information with him. Ms. Silvernail asked if the trimming will be done by a tree service. Mr. Hudson replied “yes”.

Mr. Vic Kelly representing Valley View Lot 3 presented that Board with a simple lot line change. Mr. Kelly stated that this subdivision is cleaning up the lines and will convey the land to the adjoining properties. Mr. Kelly stated that this lot line change will trim off 3/10 of Valley Views land. The Board accepted that lot line change and will forward it to the proper parties for review.

Art Herling representing himself presented the Board with a 3 lot subdivision on Maple Avenue. The Board reviewed the plans and will forward it to the proper parties for review.

The Board discussed accepting the part 1 sewer allocation agreement of Black Walnut Winery to purchase (4) EDU’s and to direct Mr. MacCombie write a letter to Pennsylvania American Water Company authorizing them to add 4 EDU’s on table A-2 of the connection management plan for Black Walnut Winery.

Ms. Silvernail made a motion, seconded by Mr. Hensel, to accept the part 1 sanitary sewer allocation agreement for Black Walnut Winery and request Mr. MacCombie write a letter to Pennsylvania American Water Company requesting them to add them to the connection management plan. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail announced that Mr. Hensel, Mr. Doratt and Mr. Turner had to travel to Philadelphia to Federal Court. Ms. Silvernail stated that travel expenses were $14.00 for Mr. Hensel, $14.00 for Mr. Doratt and $13.00 for Mr. Turner.

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the travel expenses to federal court in Philadelphia for Mr. Hensel at $14.00, Mr. Doratt at $14.00 and Mr. Turner at $13.00. With there being no questions from the public, Ms. Silvernail voting “aye”, Ms. Horan voting “aye”, Mr. Hensel abstained, the motion passed.

The Board discussed scheduling a meeting to discuss the yearly insurance policies of the Township and to discuss budget issues. The Board agreed to conduct the public meeting on May 13, 2009 at 9:00 am.

Public Comment:

Earl Taylor asked what the Township was going to do with the old drain and grate at North Street before they pave the road. The Board said they will talk to Dave Turner to gather more information with regards to the drain.

Alan Eagles placed a complaint to 611 Bedrock with regards to the tall grass.

Susan Franco placed a compliant with regards to a new driver that lives at 611 Bedrock that is terrorizing the neighborhood. Chief Groce stated that when such behavior is seen to call the police department when it happens. Ms. Franco complained about a paving company on Forest Lane.

Earl Taylor commented thank you for a great roadway clean up on Old Wilmington Road. Ms. Franco asked if the Township can take the cinder blocks that were dumped on the side of the road at Quarry Ridge and Old Wilmington Road. The Board said they would ask the road crew to stop by.

John Lymberis asked if he would be copied on the Lincoln Crest Management conditional use.

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