Supervisors Regular Meeting November 1, 2011

A regular meeting of the Board of Supervisors was conducted on Tuesday November 1, 2011 commencing at 7:00 p.m. Chairwoman Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Ms. Sarbaum, Mr. Pompo, Township Solicitor, Mr. MacCombie, Township Engineer and members of the community.

The moment of silence and pledge of allegiance was observed.

Ms. Silvernail announced that the Board of Supervisors met in executive session November 1, 2011 at 6:30 p.m. to discuss legal and personnel matters.

Ms. Silvernail made a motion, seconded by Ms. Horan to temporarily adjourn the regular Board of Supervisors meeting to open a public hearing. 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 close the public hearing. 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 reopen the regular Board of Supervisors 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 approve Ordinance No. 2011-01, an Ordinance pursuant to article VI, Section 609 of the Pennsylvania Municipalities Planning Code, Amending Article XI, Section 1106 of the Sadsbury Township Zoning Ordinance and the zoning map, to reestablish special Sadsbury Village Development Overlay District 1. 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 October the police patrolled 2799 miles and handled 131 complaints from the public for: 4 suspicious persons/conditions, 8-911 hand ups, 11 alarms, 9 domestics, 6 accidents, 5 disturbances, 3 assists to other departments, 3 harassment, 3 criminal mischief and 5 thefts. There were 5 traffic citations issued for the month. There were 2 criminal arrests for 1 harassment by communications and 1 assault on a police officer. Patrol activities included 54 traffic checks and 19 property checks. Halloween was very busy in Pomeroy, Quarry Ridge, Sadsbury Village and Pomeroy Heights with no complaints. Chief Groce thanked the Pomeroy Fire Company for their assistance with trick or treat.

Township Engineer Report

Mr. MacCombie stated that the sewer lateral under the salt shed at the old Township Building was broken and rebroken and sheared off at the wall. Mr. MacCombie stated that Tri-County Plumbing will provide the Board of Supervisors with a proposal. Mr. MacCombie also stated that an agreement with Arcadia concerning the new Township garage was that the Township would provide the design of the garage. Mr. MacCombie suggested that the Board give him authorization to solicit pricing from architects for the project.

Ms. Silvernail made a motion, seconded by Ms. Horan to authorize Mr. MacCombie to solicit pricing for the design of the garage at the new Township Building as part of the agreement with Arcadia. With there being no questions, from the public,the Board voting “aye”, the motion passed.

Mr. MacCombie stated he has a letter of credit account reduction certificate of completion for Sadsbury Arcadia Associates for Sadsbury Park, Phase 2A in the amount of $34,053.61.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to release a letter of credit account reduction certificate of completion for Sadsbury Arcadia Associates for Sadsbury Park, Phase 2A in the amount of $34,053.38. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he has an engineering escrow release for Sadsbury Arcadia Associates letter of credit for Sadsbury Park, Phase 2A in the amount of $1,400.25.

Ms. Silvernail made a motion, seconded by Ms. Horan to release a engineering escrow release letter of credit reduction for Sadsbury Arcadia Associates for Sadsbury Park, Phase 2A in the amount of $1,400.25. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he has a certificate of release of funds from working account letter of credit reduction for JYF Partners Lafayette Square-Phase 1 in the amount of $15,385.50.

Ms. Silvernail made a motion, seconded by Ms. Horan to release a certificate of release of funds from working account letter of credit reduction for JYF Partners Lafayette Square-Phase 1 in the amount of $15,385.50. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he has an engineering escrow release letter of credit reduction from JYF Partners Lafayette Square-Phase 1 in the amount of $1,841.87.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to release an escrow release letter of credit reduction from JYF Partners Lafayette Square-Phase 1 in the amount of $1,841.87. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township solicitors report

Mr. Pompo stated he has reviewed an ordinance that is an agreement between Sadsbury Township and Valley Township which would allow a property in Sadsbury Township to be a sanitary sewer customer in Valley Township. Mr. Pompo stated he found the Ordinance to be in order.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to approve Ordinance 2011-02, an Ordinance of the Township of Sadsbury, Chester County, authorizing the Board of Supervisors to enter into intergovernmental cooperation agreements with Valley Township, Chester County authorizing (1) the assignment of 2800 West Lincoln Highway, Sadsbury Township, Chester County (37-2-77) by Sadsbury Township to Valley Township as a Sanitary Sewage customer and (2) such other agreements as may, from time to time, be deemed mutually beneficial by the two Townships. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated a letter was received from Pennsylvania American Water Company stating they will not be billing sewer in the future and gave a 180 day advance notice as per the billing and revenue collection agreement. Mr. Pompo stated that Pennslvania American has agreed to give an additional 180 day extension. Mr. Pompo stated the Township will have to consider how to bill the residents for sewer usage. Mr. Pompo said that Caln Township received the same letter from Pennylvania American Water Company and they decided to look for two quotes for outsourcing the billing. They have not received any quotes back as of this time but Mr. Pompo said they should receive information in another week or so and he will let the Board know if they decide on outsourcing or do in house billing. Ms. Silvernail stated that Joe Drozd, Township accountant; suggested hiring another person if we do in house billing. John Lymberis asked what could be a solution to the Township coming after the property owner when a tenant moves out and the sewer is not paid. Ms. Silvernail stated the only way to receive sewer payments from tenants who move and do not pay their sewer bill is to go back on the owner of the property. The Township will not track down tenants as it is not a collection agency. Mr. Lymberis stated maybe a solution would be a co-billing between owner and tenant and the owner would be aware if the account goes delinquent. Mr. Pompo stated that an option is to outsource trash billing also.

Mr. Pompo stated the Compass Road Neighborhood Traffic Calming Survey may need to have some changes. He suggested adding: ( 1) Do you want Compass Road to be private. (2) Are you willing to maintain the road and (3) Eminent domain (easements required to implement traffic calming measure).

Clark Faggioli of Compass Road stated that residents of Compass Road won’t understand the term eminent domain; use the term condemnation instead.

Mr. Pompo stated he will use the term for (3) grant easements for traffic calming. Instead of using “yes and no” on the survey, Mr. Pompo suggested using a scale of 1 to 5 for the answers. Ms. Silvernail stated the surveys will be mailed as soon as they are amended from Mr. Pompo’s office.

Mr. Pompo discussed with the Board a Zoning Application of Laurie Washington of 29 Spruce Street. Applicant is seeking variance to expand a non-conforming structure. The applicant wants to put a 900 square foot 1 story expansion on a 2 story twin house. The applicant does not provide off street parking (driveway). The Board requested that the Township be represented by an attorney for the hearing.

Township Planning Commission report

Ms. Sarbaum reported that the Planning Commission met on Wednesday, October 12, 2011 at 7:00 p.m. The Planning Commission recommended that the Board of Supervisors approve the preliminary subdivision/land development plans for Maple Avenue Subdivision of Arthur Herling III contingent on satisfying the September 27, 2011 letter from Jamie MacCombie with plan modifications being made in conjunction with the submission of a Final Subdivision Plan.

Township Zoning report

Mr. MacCombie reported that Joseph DiSciullo is seeking a variance to create a buildable lot on East Chestnut Street. Faye Monte is seeking to place solar panels on a home on Compass Road. Mr. MacCombie stated that a business on Hammond Road named Abundant Landscaping is owned by Eli & David Stoltzfus. Mr. McCombie stated that he does not know anything about the business. The weight limit signs were replaced on the bridge on Compass Road over the Buck Run. Mr. MacCombie stated he received a letter from Vision Quest regarding property located at 3307 Lincoln Highway owned by Jeffrey Harlan. The house is on the Harlan Motors property. The respite home would serve Chester County youth who have been removed from their families by court order and placed into Vision Quest care, both for delinquency and dependency issues on a short term basis. The anticipation is for 10 youths on the property, given its size. The property is zoned RR and would require a conditional use hearing. Ms. Silvernail asked if this is considered a group home and if so, it would not be permitted. Mr. Pompo needs more information to make a comment; but he stated if this is residential community living with recognized disabilities, federal law supersedes and states the Township must allow it. Mr. Pompo states it all depends on the nature of the program. Mr. MacCombie will contact Vision Quest and find out more about the program. Mr. Clark Faggioli stated Vision Quest is a great program and he has no problem with them coming into the Township.

Pomeroy Fire Company report

Mr. Taylor reported for the month of October a total of 11 calls were answered for 1 appliance, 3 assist Ems, 1 assist police, 2 auto accidents, 1 dwelling, 1 gas leak outside, 1 stand by and 1 trees and wires. The alarms were answered for: East Fallowfield 3, Highland1, Parkesburg 1, and Sadsbury 6. Time in service was 10 hours and 3 minutes.

Sadsburyville Fire Company report

no report

Emergency Management Co-ordinator report

Mr. Taylor stated that he had nothing to report.

Chester County Airport update

Mr. Roberts was absent and had no report.

Payment of invoices:

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to pay the October invoices in the amount of $87,229.67. 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 October sanitary sewer invoices in the amount of $39,557.96. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

The Board discussed the Chester County Consortium Tier III Agreement with yearly renewal fees of $5,000.00. Mr. MacCombie stated that Chester County GIS shows the infrastructure of the Township. The county is working on and almost finished to aid in fire safety and emergency management.

Ms. Silvernail made a motion, seconded by Ms. Horan to renew the Chester County GIS Consortium Tier III agreement with the yearly renewal fees being $5,000.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed Resolution 2011-13 that will allow Sadsbury Township to obtain financial assistance from FEMA and PEMA for the disaster of Huricane Irene, and Resolution 2011-14 that will allow Sadsbury Township to obtain financial assistance from FEMA and PEMA for the disaster of Hurricane Lee.

Ms. Silvernail stated that there was damage from these storms in the Township on Compass Road, Old Mill Road, Greenbelt Drive and the bridge on Greenbelt Drive. Ms. Silvernail made a motion, seconded by Ms. Sarbaum to adopt Resolution 2011-13 that will allow Sadsbury Township to obtain financial assistance from FEMA and PEMA for the disaster of Hurricane Irene. 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 2011-14 that will allow Sadsbury Township to obtain financial assistance from FEMA and PEMA for the disaster of Hurricane Lee. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed the preliminary approval for Art Herling Maple Avenue Subdivision plan. Mr. MacCombie states that Mr. Herling wants an exemption for sidewalks and curbs; Mr. MacCombie says there are no sidewalks or curbs on Maple Avenue. Ms. Sarbaum asked about the pool encroachment issue. Mr. MacCombie stated that issue is not resolved.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to approve preliminary approval for the Arthur Herling Maple Avenue two lot subdivision plan contingent on resolving the encroachment of the swimming pool, resolve the sewer issues and any other outstanding conditions; granting the sidewalk and curb waiver. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed replacing 16 emergency light batteries for the Township building at $16.50 each from Batteries Plus of Lancaster at a total cost of $264.00. Mrs. Silvernail stated that Chief Groce reported to her that when the power went off in the Township building, the emergency lights did not go on. The Road Department got pricing information from Batteries Plus of Lancaster in the amount of $264.00.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum to replace 16 emergency light batteries for the Township building at $16.50 each from Batteries Plus of Lancaster, the total cost being $264.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment

Ms. Sarbaum asked Mr. MacCombie if the sewer line was visible under the salt shed at the old Township building. Mr. MacCombie stated that in all fairness, you would not know the line was there.

Chief Groce stated that on Wednesday, November 9, 2011 at 2:00 P.M. the Local Emergency Broadcasting Network will carry a test from Washington. This test will be nationwide.

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

Respectfully Submitted,

Linda Shank
Assistant Secretary