Supervisors Regular Meeting Tuesday, January 3, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, January 3, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Mr. Greenfield, Mr. Robert McClintock substitute for Mr. Pompo, Township Solicitor, Mr. MacCombie Township Engineer/Zoning Officer and members of the community.

The moment of silence and pledge of allegiance were waived.

Ms. Silvernail made a motion, seconded by Ms. Horan, to waive reading the minutes of the previous meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, 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

Chief Groce reported that the new Dodge Charger police car is now in service. Chief Groce reported that for the month of December, 2011 the police patrolled 2933 miles and handled 147 complaints from the public for: 3 suspicious persons/conditions, 3-911 hang-ups, 14 alarms, 5 domestics, 9 accidents, 2 disturbances, 7 assists to other departments, 1 harassment, 2 criminal mischief, 5 thefts, 2 animal and 2 burglary. 3 parking tickets were issued for the month and 9 traffic citations. Patrol activities included 30 traffic checks and 9 property checks. Chief Groce reported the year end totals for 2011 were 39,947 miles patrolled, 71 Court hearings attended, 75 parking tickets issued, 4 juveniles arrested, 36 adults arrested, and 38 accidents.

Township Engineer Report

Mr. MacCombie reported that he has an Engineering Escrow release for Lafayette Square-Phase 1 in the amount of $1,922.75 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve an Engineering Escrow release for Lafayette Square in the amount of $1,922.75 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has a certificate of release of funds from working account letter of credit reduction for JYF Partners for Lafayette Square- Phase 1 in the amount of $7,920.00 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve a certificate of release of funds from working account letter of credit reduction for JYF

Partners for Lafayette Square – Phase 1 in the amount of $7,920.00 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has an Engineering Escrow release for Sadsbury Park Phase 2A in the amount of $784.12 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Sadsbury Park Phase 2A in the amount of $784.12 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has a letter of credit account reduction certificate of completion for Sadsbury Park, Phase 2A in the amount of $13,831.65 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve a letter of credit account reduction certificate of completion for Sadsbury Park, Phase 2A in the amount of $13,831.65 per Mr. MacCombie’s recommendation With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that a certified letter was mailed from his office to the Abundant Life Landscaping Company at 15 Hammond Drive. The letter was returned to his office unclaimed. The letter states that they have until February 1st or 2nd to vacate the premises.

Mr. MacCombie discussed the extension of time to connect to the Phase 4 sanitary sewer along Valley Road. Mr. MacCombie suggested that giving the residents to the end of April would be appropriate.

Ms. Horan made a motion, seconded by Mr. Greenfield, to give an extension of time to connect to the Phase 4 sanitary sewer along Valley Road to be April 30, 2012. With there being no questions from the public, Ms. Horan and Mr. Greenfield voting “aye”, and with Ms. Silvernail recusing herself, the motion passed.

Mr. MacCombie stated that in regard to the Compass Road survey results, Penn Dot requires a return of 70% of surveys to be completed for a project. The Township has now received 56% and needs 6 more returns.

Monika Bonn-Miller stated that the survey results were confusing and hard to understand. Ms. Silvernail stated that it would probably be less confusing if it was put into an excel format. Ms. Silvernail stated that there were some good comments and honest opinions reported on the survey.

Mr. Clark Faggioli asked if carbon fiber bumps that are bolted down and can be removed for plowing meet Township codes? Mr. MacCombie stated that no speed bumps can be used but speed humps can be used per liquid fuels money allocation. The public is allowed to drive on Compass Road because the Township receives liquid fuel money for the road.

Mr. Faggioli stated that the road needs signs posted for children at play. Again, Mr. MacCombie stated that Penn Dot needs 6 more replies to the survey for anything to happen. 19 people on Compass Road did not reply to the survey.

Faye Monti stated that she did not put her name on the survey, was it still counted? Ms. Silvernail stated yes, all anonymous survey results were counted.

Monika Bon-Miller asked that since speed and volume are the main issue, what would the calming measure consist of? Ms. Silvernail stated the best recourse to take is to get the 6 responses needed and then discuss the best solutions without a negative impact on the residents.

Mr. MacCombie stated that he does not want speed bumps where drivers can circumvent the bumps. He stated the legal process is slow and everyone has an opinion and you can’t make everyone happy. But the Township is trying to do what is in the best interest of the residents.

Monika Bon-Miller asked what would be the cost of a speed hump? Mr. MacCombie stated about $7,000.00 per hump and Compass Road would need 3 to 4 humps. Mr. MacCombie stated that the problem is that drivers speed up after they go over the humps to make up lost time. Mr. MacCombie stated that speed signs do not necessitate slow speed; studies have shown that 70% of speeders live within their community.

Margie Weiss stated that a lot of the traffic is coming from the Abundant Life Landscaping Company. A lot of the speed and volume come from employees of this company who are young kids.

Another resident stated that the problem is 4:00 p.m. traffic and also that Harlan Motors test drives their vehicles on Compass Road.

Mr. MacCombie stated that Delaware Valley Concrete had a break in their water line. They called his office and said Pennsylvania American Water Company gave them a credit for the water. They want the Township to give them a credit for the sewer usage. No one from Delaware Valley Concrete is at the meeting tonight. Ms. Silvernail stated that the stance of the Township is to not give sewer credits. This will be tabled until February’s meeting.

Mr. MacCombie stated that Valley Township has installed a snow fence in the Township right-of-way on Washington Lane. Mr. MacCombie wanted to know it the Township was aware of the snow fence. Ms. Horan and Ms. Sivernail stated they were under the assumption that the fence would be installed for more than one season. Ms. Horan stated it would be a courtesy if Valley Township would let us know they were installing the fence.

Mr. MacCombie stated he received a letter from Mr. Fran Anjakos regarding Vision Quest. Mr. John Mannan, Project Manager for Vision Quest, attended the meeting and stated they are looking for a location at 3307 Lincoln Highway to help Chester County youths who have been removed from their homes by court order and placed into Vision Quest care, both for delinquency and dependency issues on a short-term basis. They will be required to undergo therapy as needed, perform community service, and continue their education. They will be monitored 24 hours a day. A maximum of 10 youths will be on the property. Ms. Silvernail stated that our Solicitor is talking to their Solicitor to determine if zoning relief from the Zoning Hearing Board is necessary. Mr. McClintock stated that Mr. Pompo has many questions regarding the fact that there are no locked doors, how will they have 24 hour a-day supervision. Will there be apartments or dorm room style facility, or a family home with bedrooms and kitchen. Mr. McClintock asked if they are licensed in Pennsylvania and if so, could he obtain a copy of their current license? Mr. Mannan stated that each individual home is licensed by the Department of Public Welfare from the State of Pennsylvania. Ms. Silvernail asked Mr. Weaver, Sadsbury Township Codes Enforcement Officer, if this qualified under the Americans with Disabilities Act? Mr. Weaver stated this is out of his realm of knowledge. Mr. Mannan stated the answer to that question is yes. Ms. Horan asked if the youths would have a criminal record? Mr. Mannan stated they would have no criminal record, but Juvenile Court has taken them out of their homes to be supervised. Ms. Silvernail asked what do you mean by local children? Mr. Mannan stated the children would come from Chester County. Ms. Horan asked what would be the length of stay? Mr. Mannan stated no more than 6 months. Mr. Mannan stated that the facility at Embreville moved to Philadelphia so now there is no resident home in Chester County. Monika Bonn-Miller stated that we already have a half-way house in our area. Ms. Silvernail stated that half-way home is not in our Township. Ms. Bonn-Miller stated the police must supervise this place and she doesn’t think the Township needs this. She is strongly opposed and will do a survey on Compass Road to oppose this facility. John Lymberis asked if the youths will be free to roam the Township as pedestrian traffic? Mr. Manna stated they will be under strict supervision. Ron Yen asked if there were adjucated delinquents also included in the home, and does this include for burglaries? Mr. Mannan stated yes to both questions. Ms. Silvernail stated that since Mr. McClintock and Mr. Pompo have more questions, this item will be tabled until the February meeting.

Mr. MacCombie stated that an error in sewer billing was discovered in the last month. Commercial and Industrial sewer users who have several EDU’s were billed only for 1 EDU. The flat rate for 2011 was $485.00 per year per EDU which equals 244.8 gallons a day. Non-residential users will get a letter from the Township stating that Pennsylvania American Water Company will adjust the flat rate billing based on the amount of EDU’s. The letter will state a billing error was discovered and will be back billed for the current past year.

Ms. Silvernail stated that the flat rate beginning with the 1st quarter of 2012 will be $360.00 per EDU per year.

Tony Przychodzien asked where were the accountants, auditors, and engineers when this mistake was going on? Ms. Silvernail stated the Township is still looking into the matter and trying to make it right and not sweep it under the rug.

John Lymberis stated that he has been paying bills on time and not knowing he was incorrectly billed and having to be back-billed may reflect negatively on his revenues in his business.

Ms. Silvernail stated that residential users paid a higher flat rate because of this error.

Mr. MacCombie stated that Pennsylvania American Water Company charges $7.03 per thousand gallons to transport sewage to the treatment plant. The Township usage rate per thousand gallons is $9.50. The flat fee was raised to pay the debt service.

Ms. Bonn-Miller wanted to know what the sewer survey form was about. Ms. Silvernail stated that survey came from the Chester County Health Department to determine how on-site sewage systems are functioning.

Mr. MacCombie stated that the Act 537 is complete with no other plans to extend the sewer area.

John Lymberis asked what is the amount of lost sewer billing to the Township.

Ms. Silvernail stated over $125,000.00 this year.

Township Solicitor Report

Mr. McClintock stated that he had no report.

Township Planning Commission Report

Mr. Greenfield reported the Planning Commission met on Wednesday, December 14, 2011. There was no business.

Township Code Enforcement Report

Mr. Weaver reported that for the 4th quarter 2011 there were 17 residential construction permits issued, no non-residential construction permits, 4 certificates of Use and Occupancy, and 9 certificates of approval.

Township Zoning Report

Mr. MacCombie had nothing to report.

Pomeroy Fire Company Report

Earl Taylor congratulated Mr. Greenfield for becoming a Supervisor. Mr. Taylor reported there were a total of 14 calls for the month of December: 1 auto alarm, 5 auto accidents, 1 building, 2 house, 1 search, 1 mulch, 1 co alarm activation, and 2 relocate. There were a total of 14 assists to other departments: 1 East Marlboro, 1 East Fallowfield, 3 Parkesburg, 6 Sadsbury, 1Valley, 1 Highland, and 1 West Grove. Time in service: 14 hrs. 48 mins. Mr. Taylor reported for the year 2011 there were 124 calls, 124 assists, and 78hr. and 48 min. time in service.

For the month of December, Mr. Taylor reported the Pomeroy ambulance answered 64 calls for 16 Sadsbury, 5 West Sadsbury, 15 Parkesburg, 1 Valley, 2 Coatesville, 1 West Caln, 2 Highland, 1 East Fallowfield, 1 Modena Borough, 1 Lancaster County Christiana, 1 Lancaster County, 1 West Chester, 2 East Bradford, and 3 West Fallowfield. Total number of transports: 23.

Mr. Taylor reported that Pomeroy Fire Company participated in 37 training sessions with 427 personnel and a total of 1,039 hours and 30 minutes. Mr. Taylor commented that Pomeroy Fire Company has recently received a U.S. Department of Homeland Security, Assistance to Firefighters Grant of $121,581.00 assisting in replacement of aging breathing apparatus.

Sadsburyville Fire Company Report

Mike Audette reported there were a total of 13 responses for the month of December: 1 brush, 7 auto accidents, 2 house, 1 automatic fire alarm, 1 motorcycle accident, and 1 search detail. Time in service was 9 hours and 39 minutes. Mr. Audette reported that for the year 2011, Sadsburyville Fire Company responded to 149 fire calls consisting of Sadsbury Township North – 79 and all other areas 70. Miles traveled were 772 and time in service was 79 hours and 47 minutes.

Emergency Management Coordinator Report

Mr. Taylor presented a list of free classes from the County that is available to Emergency Management Volunteers. Mr. Taylor asked the Board if it was possible to allow him to have a fuel budget in the amount of $250.00 for his attendance at various meetings throughout the year. Mr. Taylor asked John Lymberis if it was possible to have a tour of Mr. Lymberis’s new facilities.

Ms. Silvernail made a motion, seconded by Ms. Horan, to allow a fuel allowance for Earl Taylor, Emergency Management Coordinator, of $250.00 a year with

Mr. Taylor presenting receipts to the Township. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Chester County Airport update Mr. Roberts reported that the airport re-organizational meeting will be next Tuesday.

New Business

Mr. Loss from Navarro & Wright Consulting Engineers and Mr. Michael Nesavage presented the Board with final land development plans for the Coatesville Stryker Brigade Readiness Center. Some minor changes in the plans include: the underground sewer retention is a different manufacturer and it provides more capacity. There is also the reposition of trees in the parking area over the sewer retention area. Mr. MacCombie will review the plans for February agenda. Mr. Loss asked what is next in the procedure. Mr. MacCombie stated that first it will go to the Chester County Planning Commission for review, second to appear before the Township Planning Commission for recommendation, and third back to the Board of Supervisors.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2012-01 to appoint Maulo & Maulo to complete the year ending December 31, 2011 audit of all Township accounts to cost $12,700.00. 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 Resolution 2012-02 adopting a fee schedule for the year 2012. 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 renew the Chester County SPCA Contract (option 1) for the year 2012 at a cost of $1,997.50 a decrease of $40.00 from the 2011 contract. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to attend the Pennsylvania State Association of Township Supervisors 90th Annual Education Conference & Trade Show to be held May 6th through May 9th with the registration fee of $140.00 per guest to be paid by the Township. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mrs. Silvernail stated that the Supervisors pay for their own transportation and lodging.

Ms. Horan made a motion, seconded by Mr. Greenfield, to appoint Ms. Silvernail as the voting delegate for Sadsbury Township at the Pennsylvania State Association of Township Supervisors 90th Annual Educational Conference & Trade Show to be held on May 6th through May 9th. With there being no questions, Ms. Horan and Mr. Greenfield voting “aye”, the motion passed.

Ms. Silvernail made a motion, seconded by Ms. Horan, to schedule January 13, 2012 and January 27, 2012 to be the dates for Christmas tree pickup. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed 2 proposals to install an exhaust fan in the mechanical closet and install an air louver as follows:

  • Vietri Electric $3,950.00
  • Higgins & Sons $1,180.00

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the proposal from Higgins & Sons in the amount of $1,180.00 to install an exhaust fan and an air louver in the mechanical closet. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail stated that the Southern Chester County Babe Ruth League uses Bert Reel Park ball field every year, and they requested to use the park again this year. They have provided the Township with insurance information. They will provide the Township with a schedule of dates for games.

Ms. Silvernail made a motion, seconded by Tom Greenfield, to allow the request of the Southern Chester county Babe Ruth League to use Bert Reel Park for the 2012 baseball season. 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 hire Courtney Sarbaum as a part-time, temporary clerk with a salary of $19.00 per hour. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail stated that she will be helping in the office on a volunteer basis until a Secretary/Treasurer is hired.

Public Comment

Ms. Silvernail welcomed new Supervisor Tom Greenfield.

Mr. MacCombie asked about the architects for the Township garage. Ms. Silvernail stated more information is needed before we can proceed.

John Lymberis asked about the traffic calming on Business Route 30. Mr. MacCombie stated it should be going out to bid this summer.

Aimee Amoriello stated the Zoning Hearing Board approved Joe DiSciullo’s request to build a home on the lot beside her home. She wants to know what happens now. Mr. McCombie stated that after the decision by the Zoning Hearing Board, there is a 30 day period to appeal to the Common Pleas Court. If no one does this, building permits and grading permits can be given.

Tony Przychodzien asked how long the retention basin at Lafayette Square will hold water. Mr. MacCombie stated it will always hold water. After clearance on stabilization is given it will be piped underground.

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

Respectfully Submitted,

Linda Shank

Assistant Secretary