Supervisors Regular Meeting Tuesday, February 7, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, February 7, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Mr. Greenfield, Mr. Pompo, Township Solicitor, Mr. MacCombie, Township Engineer/Zoning Officer and members of the community.
Ms. Silvernail announced that the Board of Supervisors met in Executive Session before tonight’s meeting to discuss legal issues.
The moment of silence and pledge of allegiance were observed.
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 Ms. Horan, 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 three new officers have been sworn in and are certified. Chief Groce reported that for the month of January, 2012 the police patrolled 3,275 miles and handled 133 complaints from the public for: 3 suspicious persons/conditions, 4 911 hang ups, 8 alarms, 8 domestics, 6 accidents, 5 disturbances, 5 assist to other departments, 1 harassment, 2 criminal mischief, 9 thefts, and 2 animal. 4 parking tickets were issued for the month and 33 traffic citations. There were three criminal arrests for: 2 theft and receiving stolen property and 1 criminal mischief. Patrol activities included 26 traffic checks and 5 property checks. Chief Groce reported that there were two traffic details conducted this month using a new technology speed timing device that computer calculates the vehicle’s speed. The unit was on loan from East Fallowfield Police Department.

Township Engineer Report:

Mr. MacCombie reported he has a certificate of release of funds from working account letter of credit reduction from Lafayette Square-Phase 1 in the amount of $22,100.09 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve a certificate of release of funds from working account letter of credit reduction from Lafayette Square-Phase 1 in the amount of $22,100.09 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 Lafayette Square-Phase 1 in the amount of $1,485.00 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Ms. Horan, to approve an Engineering Escrow release for Lafayette Square-Phase 1 in the amount of $1,485.00 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 2 in the amount of $1,095.62 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Ms. Horan, to approve an Engineering Escrow release for Sadsbury Park Phase 2 in the amount of $1,095.62 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Mr. MacCombie stated the EPA is offering a grant to assist the Township towards meeting the MS4 requirements for the MCM#3 Illicit Discharge and Detection and Enforcement. Mr. MacCombie stated this grant includes the Brandywine Valley Authority, Sadsbury Township, East Fallowfield Township, Penn Township, Avondale, and West Brandywine Township.
Mr. MacCombie reported that there is now an 83% response from residents on the Compass Road traffic survey; which now meets PennDot’s requirements. The results are as follows: 71% felt there was a traffic issue on Compass Rd.

  • 71% felt the issue is speed and volume.
  • 67% felt traffic calming measures were needed.

Mr. MacCombie stated that the Township could work out something temporary between the residents and the police.
Monika Bonn Miller stated that she thinks some action should be taken and something needs to be done.
Mr. MacCombie stated removable speed humps could be put on Compass Road. The cost would be around $6,000.00 for each hump.
Mildred Garris stated that Compass Road needs to be repaired first before anything is done to it. Ms. Garris stated that the road is in bad shape and trucks travelling on Compass Road could go off the road into ditches. She stated that the paving done on Compass Road was badly done.

Mr. MacCombie stated that $150,000.00 was paid to pave the northern half of Compass Road. The southern half was not done. It would cost the same to do the southern part. Mr. MacCombie stated that everywhere in the Township that new sewers were installed, the roads were repaved. There is only so much money in the budget each year for road repairs. The Board understands that Compass Road needs to be repaved.

Mr. MacCombie stated that the posted speed limit on Compass Road is 35 mph. According to the PennDot survey, the road is properly marked. Compass Road does not meet the criteria to be an Urban Road with a speed posting of 25 mph.

Mr. MacCombie stated some of the complaints are truck traffic, cut through traffic, left turns onto Route 30, left turns off of Route 30, and speeding.

Mr. MacCombie stated that if speed humps are installed, they should be placed in areas where they cannot be driven around.

Chief Groce stated that police have been on Compass Road in the morning and afternoon; he would have to check the logs to say the exact days and times. White lines have been painted on the road and the Vascar speed trailer has been in place there.

Ms. Silvernail stated that the police will continue to check for speeders and will use equipment borrowed from East Fallowfield to monitor the road for speed. Ms. Silvernail stated the Board will look into the cost of temporary speed humps, the condition of the road, and stop signs.

Monika Bonn Miller stated that it is obvious to drivers what the white lines in the road mean.

Township Solicitor report:

Mr. Pompo stated that it was recently discovered that commercial and multiple EDU users were mistakenly not being billed for their additional EDU’S. Pennsylvania American Water Company sent corrected bills out in January and the Township bills went out in February.

Mr. Pompo stated that he would like to make it easier for payments to be made and a collection policy would give additional time to make payments and an incentive to pay on time.

The collection policy would be as follows:

  1. No change in payments for the year 2011
  2. Bills prior to 2011
    1. The Township would allow until 12/31/12 to be paid.
      • Paid in full by 12/31/12 no penalty
      • Discounts:
        1. Payment in full within 30 days: 15% discount
        2. Payment in full within 60 days: 10% discount
        3. Payment in full within 90 days: 5% discount
        4. Payment within 91 days to end of year no discount
        5. Payments over time on a monthly payment plan of 10 monthly installments would allow on the final payment to take a 1% discount.

Neil Heineman stated he had no previous notice for the bill he received from Pennsylvania American for $4,000.00 and it needs to be proven to him why this charge is on his bill.

John Lymberis stated that the Township can’t put the burden of a 5 year mistake on business people in the Township. He has a lot of issues and problems with this billing. Mr. Lymberis stated that this is not the right procedure to take.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt the collection policy for the collection of the back billed sewer by Pennsylvania American Water Company and the Township for multiple EDU flat fees not billed. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated he has proposed Ordinance amendment for the sewer flat fee. This ordinance amendment has been advertised and would lower the annual flat fee sewer rental fee to $360.00 per EDU.

Ms. Silvernail made a motion, seconded by Ms. Horan to adopt Ordinance 2012-01 to amend the code of ordinances of Sadsbury Township by amending Chapter 101, the Sadsbury Township Sewer use Ordinance, by reducing the annual flat sewer rental fee to $360.00 per EDU. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated that Pennsylvania American Water Company gave a termination notice in November, 2011 pertaining to the sewer billing for the Township. Mr. Pompo obtained three quotes in conjunction with Caln Township for new subcontracting options for sewer billing. Mr. Pompo recommended that the Township accountant/temporary treasurer, Joe Drozd be the person to consider the proposals.

Township Planning Commission Report:

Mr. Greenfield reported that the Planning Commission met on Wednesday, January 11, 2012 for a re-organizational and regular monthly meeting to follow. Meeting minutes were approved and with no further business the meeting was adjourned. Mr. Greenfield announced that the Planning Commission is seeking another member and anyone interested should send a letter to the Planning Commission in care of the Township.

Township Zoning Report:

Mr. MacCombie reported that Mr. Hanaway is continuing to load stone on Shamrock Lane. He needs to go to the Zoning Hearing Board for Conditional Use.

Mr. Eli Stoltzfus of Abundant Life Landscaping addressed the Board and stated that his plans are to move to another location and asked the Board to grant him another month or 60 days to make sure he can use the new location in Kinzer.

Clark Faggioli of Compass Road stated that the landscaping trucks fly up the road with skid loaders and they could kill someone. It is unsafe and irresponsible. There is a storage facility up the road and they could put their trucks in storage until they are moved to another location.

Margie Weiss stated that they have no intention of stopping the business at the present location. On Wednesday, February 1, 2012 two tri-axles of stone were brought into the business. Ms. Weiss stated that he is running and growing a business that he knows is wrong. She stated he has no respect or concern for the residents. Ms. Weiss asked who will monitor when this business stops?

Ms. Silvernail stated that there have been many complaints and the Board needs to honor the wishes of the residents who have been diligent. The Board needs to pursue what is in the letter from Jamie MacCombie’s office giving notice to be closed by February 2, 2012, and the Zoning Officer will file a motion with the District Court and insist upon compliance with the letter.

Monika Bonn-Miller stated that the business is also known as Bedrock. Mr. MacCombie stated that he was aware of this.

Ms. Silvernail stated that if Vision Quest asks to be present at a future Board of Supervisors meeting, the residents on Compass Road will be advised. A point person will be Monika Bonn Miller. She will contact all residents.

Ms. Silvernail stated that there has been no application for Zoning Hearing Board presented to the Township by Vision Quest.

Township Park Committee Report:

Ms. Horan reported that baseball signups were held at the Township Building on January 28, 2012 and on February 4, 2012.

Pomeroy Fire Company Report:

Mr. Taylor reported there were a total of 5 calls for the month of January: 1 chimney, 1 assist police, 1 auto accident, and 1 vehicle fire. There were a total of 5 assists to other departments: East Fallowfield 1, Sadsbury 2, Valley 1, and West Sadsbury 1. Time in service was 51 minutes and 5.71 man hours. Mr. Taylor reported that for the month of January the ambulance responded to 48 calls: Sadsbury 19, West Sadsbury 8, Parkesburg 10, Highland 10, East Fallowfield 1. Type of calls: Medical 39, vehicle 5, fire 2, recalled/refusal 10. Total number of transports was 32.

Sadsbury Fire Company Report:

Mr. Grossman reported there were a total of 13 responses for the month of January: 1 auto fire, 3 auto accidents, 1 house fire, 3 automatic fire alarms, 1 building fire, 1 garage fire, 1 cardiac arrest, 1 trash fire, 1 furnace malfunction. Time in service 5 hours and 24 minutes. Firefighters responding 120.

Emergency Management Coordinator Report:

Mr. Taylor reported that he has completed the following classes per county directive: IS 100, IS 200, IS 230, IS 235, IS 240, IS 700, IS 775, and IS 800. Mr. Taylor reported that the hydrant plans for the

Coatesville Readiness Center meet his review with one question on the type of connection. Triangle Fire Protection agreed on the recommended Stortz and 45 degree coupling. Due to Homeland Security issues, the building will not have a Knox Box but a responder will be within a reasonable time away.

Ms. Silvernail stated that the fire company consolidation is still moving forward. Funding is the main reason for the consolidation. Mike Audette from Sadsbury Fire Company stated that there are still some reservations about joining this consolidation. Some members are for it and some are against. Ms. Silvernail stated she will be glad to meet with them and answer any questions they may have.

Chester County Airport Update:

Mr. Roberts reported that all equipment to keep the runways snow free is ready.

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the January invoices in the amount of $78,389.05. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mrs. Silvernail made a motion, seconded by Ms. Horan, to pay the January sanitary sewer invoices in the amount of $55,397.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business

Mr. Pompo stated he has completed his review of the Sadsbury Park-Phase 4C Subdivision Land Development Agreement, Subdivision Financial Security Agreement, Stormwater Best Management Agreement, Landscaping Restrictive Covenant and the Escrow Agreement; and the terms are acceptable. Mr. Pompo stated that all forms are in proper order to be approved by the Board of Supervisors. He stated that the plans are in the Township building to be signed to be recorded.

Ms. Silvernail made a motion, seconded by Ms. Horan to approve Sadsbury Park-Phase 4C Subdivision Land Development Agreement, Subdivision Financial Security Agreement, Stormwater Best Management Agreement, Landscaping Restrictive covenant and the Escrow Agreement and plans to be signed and recorded in the County of Chester. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Earl Taylor, stated that the roads are narrow and that fire trucks will have a tight fit and trouble getting through the Sadsbury Park Development.

Mr. MacCombie will go to Sadsbury Park and check it out.

Adam Grossman asked for an 8×11 map of the Sadsbury Park development.
There was no one at the meeting for the Stryker Readiness Center. They will be at the March Board of Supervisors meeting.

Mr. MacCombie stated the Sadsbury Commons Medical Office is required by Penn Dot to have a Right-of-way Stormwater Management agreement with the Township as co-applicant. Mr. MacCombie stated that maintenance protection of traffic and repairs should have $5,000 in perpetuity in an interest bearing account.

Ms. Silvernail made a motion, seconded by Ms Horan, to approve Penn Dot Right-of-way Stormwater Management Facilities Operation Maintenance and Endowment Agreement. With there being no questions from the public, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve grading permit escrow agreement with the Sadsbury Commons Medical Office Building contingent on signed letter of credit. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Neil Heineman discussing the sewer billing issue stated that he did not mean disrespect to the Board of Supervisors; he feels the whole sewer billing error was handled wrong. He received a bill from Pennsylvania for $4,000.00 with no explanation as to what the extra charge is for.

Ms. Silvernail stated the Township received a letter from Williams Gas dated January 23, 2012 in which they announced a proposed gas line replacement across Buck Run Creek.
Ms. Silvernail announced Sadsbury Township received $2,390.72 from PEMA & FEMA for storm damage in September 2011. Ms. Silvernail stated we are still waiting for money from other damage done in the Township.

Ms. Silvernail stated a letter was received from Southeastern Conservation & Development Council regarding membership @$60.00 a year. Membership would include use of Conservation Planting trailer for no additional charge. This matter was tabled until the March meeting.

Ms. Silvernail stated the office staff is in need of a temporary bookkeeper for training purposes.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to enter into a three month contract with Woodfield Financial Services, LLC. of Exton on an as needed, temporary basis with a fee of $45.00 per hour. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Earl Taylor stated that the Stryker Brigade Coatesville Readiness Center will be storing 1,000 gallons of diesel fuel on the property.

Adam Grossman wanted to know when the Sadsbury Fire Company will receive the $100.00 per permit from Sadsbury Park/Arcadia. Ms. Silvernail stated she will instruct that the checks be drawn.

Linn Sheller stated that if the speed wagon recorded the speed on Compass Road to be 37 mph, why spend the money unnecessarily on speed humps while the speed limit of 35 mph is being complied with.

Norman Moulder asked if only part of Compass Road could be classified as an Urban Zone. Mr. MacCombie stated he will check but is sure the ordinance says “all”.
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