Supervisors Regular Meeting Tuesday, March 6, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, March 6, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Mr. Greenfield, Township Solicitor, Mr. Pompo, Township Engineer/Zoning Officer, Mr. MacCombie and members of the community.

Ms. Silvernail announced that the Board of Supervisors met in Executive Session on March 6, 2012 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 for the month of February, 2012 the police patrolled 3794 miles and handled 104 complaints from the public for: 8 suspicious persons/conditions, 1 911 hang up, 6 alarms, 5 domestics, 9 accidents, 2 disturbances 5 assist to other departments, 3 harassments, 2 criminal mischief, 5 thefts, and 4 animal. 5 parking tickets were issued for the month and 9 traffic citations. There were three criminal arrests for: 1 DC/Harassment, 1 harassment by communication and 1 theft from a vehicle. Patrol activities included: 33 traffic checks and 13 property checks.

Township Engineer Report

Mr. MacCombie stated that he has a certificate of release of funds from working account letter of credit reduction from Lafayette Square Phase 1 in the amount of $40,519.77 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 $40,519.77 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 he has an Engineering Escrow release for Lafayette Square Phase 1 in the amount of $228.75 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow lease for Lafayette Square Phase 1 in the amount of $228.75 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 he has an Engineering Escrow release for Sadsbury Park Phase 2A in the amount of $1,820.00 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the an Engineering Escrow release for Sadsbury Park Phase 2A in the amount of $1,820.00 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 the survey taken for Compass Road resulted in 70% of residents feeling something should be done to calm traffic. Mr. MacCombie looked into the cost of temporary road humps and stated the cost is $5,000.00 each. Mr. MacCombie stated the he feels four of them together with a 3 way stop sign at Skiles Road and Compass Road could be what is needed to calm traffic. Mr. MacCombie also stated that the temporary speed humps could also be used on other Township roads when needed.

Mr. Greenfield stated that it might be a good idea to just put the stop sign in first and see if that may help.

Ms. Mildred Garris asked the Board if they have looked at the condition of the road?

Mr. MacCombie stated that he rode the northern and southern section of the road. There is fatigue on the western and eastern side of Compass Road. It would cost around $150,000.00 to repair. The residents are concerned with truck traffic and speeding.

Ms. Garris asked how often do the Supervisors go on road inspections? She stated it is the job of the Supervisors to go on these road checks.

Ms. Silvernail stated that road inspections are done by the Road Crew and the Engineer and it is not the job of the Supervisors to do the inspections.

Ms. Garris stated that her opinion is that instead of road humps, put the money toward fixing the road. She stated that safety should come first.

Monika Bonn-Miller stated that what the Township did on Compass Road was an excellent job. Speed humps are wanted by 70% of the residents and road paving is a different issue.

Ms. Garris stated that most people would agree on road repairs. The issue is safety, not speed humps.

Steve Miller stated he is opposed to temporary speed humps. It is a waste of Township money because nothing will be stopped by signs or speed humps.

Ms. Silvernail stated the Board will think about this and table this until next month.

Mr. MacCombie stated that Abundant Life Landscaping has been charged with failing to comply with the Zoning Ordinance and a letter sent by the Zoning officer on November 2, 2011. The hearing is April 2, 2012 at 8:45 a.m. at District Court located at 315 West 1st. Avenue, Parkesburg. Mr. MacCombie stated the majority of business is removed from the property, but they need to apply for a grading permit to move dirt.

Mr. MacCombie stated Abundant Life Landscaping is moving behind Hershey Motors and they have been issued a cease and desist order. They need zoning approval to open a business at that location.

Mr. MacCombie stated that Vision Quest has decided not to locate in Sadsbury Township.

Township Solicitor Report:

Mr. Pompo asked the Board for permission to publicly advertise an Ordinance to vacate Rockdale Road. Mr. Pompo stated the Sadsbury portion of Rockdale Road was vacated to allow for construction of the airport apron project. The ordinance would allow Valley Township to take over the maintenance of Rockdale Road and Rockdale Road would no longer be part of Sadsbury Township public road system.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to allow Mr. Pompo to advertise an ordinance to vacate Rockdale Road. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Jeremy Laird stated that trucks are coming out from the industrial center onto Washington Lane in Pomeroy Heights. He said he has called the police about the truck traffic.

Mr. MacCombie stated that a traffic study for that area prohibits trucks in Pomeroy Heights unless for a residential delivery. There is no ordinance restricting regular traffic in the Heights.

Mr. Pompo stated that the plans are ready for final approval for the Stryker Readiness Center. Mr. Pompo stated he is comfortable to grant a waiver of financial security as the procedure is to invoice the Department of General Services. Mr. Pompo stated the time frame to process and pay the Township is not a timely one, but the Township is protected to get this money.

Mr. Pompo stated that the fee in lieu of pertains to private uses of the building. As a condition of the usage of the building by outside parties; if the police are needed at a

function, the hourly charge for police is $65.00. This will be reopened annually to allow parties to come to another arrangement.

Mr. Pompo stated the Commonwealth will make a contribution in the amount of $10,650.00 for impact fee.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve the final plan approval for the Stryker Readiness Center contingent on the signing of legal documents: fee in lieu of Municipal Services Fee, landscaping restrictive covenant, developer agreement, Storm Water Management, and Final Land Development Waiver request. 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 grant a waiver to the Stryker Readiness Center from Section 308B and 309 of the Subdivision Land Development Ordinance. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated that the requirement is that they cannot break ground until the plans are recorded but a grading permit can be issued prior.

Ms. Silvernail stated the COBRA Resolution will be tabled until the next meeting.

Township planning Commission Report

Mr. Greenfield reported that the Planning Commission met on Wednesday February 15, 2012. There was no new or old business. Mr. Greenfield reported there was one resume for the vacant position on the Commission and they are still accepting resumes.

Township Zoning Report

Mr. McCombie reported that Gateway Church is applying for a sign application to the Township Zoning Hearing Board for approval. Mr. Stoltzfus on Sadsbury Road has a horse shed on the front of his property which violates the Township Zoning Ordinance.

Township Park Committee Report

Ms. Horan reported that she will ask the road crew to check the track and ball fields and have the porta pots placed in the park. The first meeting is March 27, 2012 at 7:00 p.m. at the Township Building.

Pomeroy Fire Company Report

Mr. Taylor reported there were a total of 7 calls for the month of February: 1 woods, 2 house, 4 automatic alarm and 1 relocate. There were a total of 7 assists to other departments: 2 Highland, 2 East Fallowfield, 2 Sadsbury, and 1 Modena. Time in service was 1 hour and 40 minutes and 10.6 man hours. Mr. Taylor reported that for the month of February the ambulance responded to 46 calls: Sadsbury 8, West Sadsbury 9, Parkesburg 17, Valley 1, Highland 8, and Christiana Lancaster 1. Type of calls: medical 40, vehicle 7, fire 9, and recalled/refusal 11. The total number of transports was 28.

Sadsbury Fire Company Report

Mr. Audette reported there were a total of 16 responses for the month of February: 6 house, 1 building, 4 relocates, 3 motor vehicle accidents, and 2 automatic fire alarms. Assists to other departments: Sadsbury Township North 4, Valley Township 2, West Caln 1, Wallace Township 1, East Fallowfield 2, East Brandywine 1, Modena 1, Salisbury Township 1, Honey Brook 1, Parkesburg 1, and Coatesville city 1. Traveled 148 miles and time in service was 13 hours and 4 minutes.

Emergency Management Coordinator report

Mr. Taylor reported that he will be attending the County Emergency Coordinator training meetings once a quarter.

Chester County Airport Update

Mr. Roberts had no report.

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the February invoices in the amount of $68,190.32. 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 pay the February sanitary sewer invoices in the amount of $61,370.86. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business

Ms. Silvernail stated that Officer Herzog is requesting to purchase a firearm through the Township with payroll deduction. The purchase price of the firearm is $1,544.99.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to approve a request of a firearm purchase through the Township by Officer Herzog. The purchase price of $1,544.99 to be reimbursed to the Township through payroll deductions until purchase price is paid in full. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Tony Przychodzien stated that the minutes of the last meeting reflect that Mr. Taylor stated the streets in Sadsbury Park are not wide enough for emergency vehicles to get through. Mr. Przychodzien stated that he was on the Planning Commission at the time this came before them and the Planning Commission recommended the Board at that time not to approve the streets, as emergency vehicle tests kept knocking down cones that were used to measure the width of the streets. Mr. Przychodzien stated he wants it known that the Board of Supervisors at that time overrode that recommendation.

A resident had a question on how the sewer flat fee is determined. Mr. MacCombie stated the yearly budget gets looked at to determine how much is needed for the debt service. The debt service entails the repayment of the sewer loan, the maintenance of the pump station on Timacula Road, and also the payment to Pennsylvania American to processs the sewer in their plant.

Mr. MacCombie stated that Pennsylvania American has rate increases due to the plant upgrade that was done to increase capacity in the plant for anticipation of new developments in the area. When new housing did not develop, Pennsylvania American asked the PUC for more increased charges on current users. Sadsbury Township joined a group of Townships in an effort to fight the increase. Ms. Silvernail and Mr. MacCombie went to meetings at West Brandywine Township and also went to Harrisburg in an effort to fight the increase. The increase was granted, but at a gradual increase and not all at one time as Pennsylvania American wanted.

Mr. MacCombie stated that all new homes pay a $4,000 per unit reservation fee to Pennsylvania American.

Ms. Roper requested that she have an actual meter reading on her residence serviced by the Township. She stated that the reading is always rounded off.

Richard Felice stated that he has been charged for services for several years and overpayed on the flat fee due to a billing mistake made by the Township. He asked since the residential users have been billed higher amounts and the multi EDU users were billed less; will residents get reimbursed?

Mr. Pompo stated the Board calculated what the residential flat fee was attributed to with the many increases by Pennsylvania American. The Board has chosen to reevaluate the flat fee on an annual basis. The flat fee will be reduced in 2012 to $360.00 annually. Mr. Pompo stated the Township is not making a profit on the sewer fee, but is in fact hoping to break even. The financial advisor sets the flat fee to pay the debt service.

A question was asked as to how does the Township bill the residents who should be tied into the sewer systems and have not done so. Mr. Pompo stated these residents are billed the maximum amount plus a flat fee. Residents in the past were taken to Sheriff Sale. Mr. MacCombie stated that he went to court for 6 people in Pomeroy who did not tie into sewer. Now the non-hookups pay a maximum usage plus flat fee.

A question was asked when residents along Lincoln Highway were to tie in and how many Supervisors are not tied into sewer that should be; and are they billed. Lincoln Highway residents were to tie into sewer approximately a year ago. Supervisors Ms. Horan and Mr. Greenfield stated they are not presently tied into sewer, have paid all tap in fees and are waiting for their plumbers to schedule them. They are paying the maximum amount plus a flat fee for their property. Mr. Greenfield pays for two properties he owns. Ms. Silvernail’s business property is in the Phase 4 sanitary sewer project and she has paid her tap-in fee and does not have to tie into the sewer until the end of April and she is under contract with a plumber.

Mr. Lymberis stated that it would be easier on elderly people in the Township to pay more for usage and less on a flat fee. Mr. Pompo stated under the Second Class

Township Code there is legally no reason why the Township cannot reduce the flat fee and the usage fee increase.

Ms. Silvernail stated that Pennsylvania American offers a senior discount for residents who use their services. It would be a good idea for residents to contact Pennsylvania American for more information.

Linn Hanaway stated that in his opinion the more people tie into sewer, the less the flat fee. Mr. MacCombie stated that depends on the fee structure. Mr. MacCombie stated that residential and commercial users are billed identically, the only difference is the number of EDUs.

Linn Hanaway wanted to know if the new Medical Building on Rt 10 is connected to public sewer. Mr. Pompo stated the Medical Building is on a temporary on lot system.

John Lymberis stated that since its inception the billing has been done on a per connection basis and not on number of EDUs until the error was found. How can you back bill back to 2007? Interest is being assessed by Pennsylvania American as to the late charges.

Mr. Pompo stated the billing was done on per connection when it should have been billed per EDU. Mr. Pompo consulted with Pennsylvania American and felt that they could back bill to 2007 because that was the year Pennsylvania American began billing for the Township. Mr. Pompo also stated that late fees should not be assessed by Pennsylvania American on the back billed EDUs until December 31, 2012. Any accounts charged late fees will be investigated and late fees should be reversed.

Mr. Felice asked who was responsible for the billing error? Ms. Silvernail stated the Township is still investigating the matter.

Mr. Felice again asked who is responsible for the billing error? Ms. Silvernail stated the Secretary/Treasurer is responsible for all the billing done by the Township.

Mr. Felice asked what is the name of the Secretary/Treasurer responsible for the billing error? Ms. Silvernail answered Lisa Myers.

Mr. Felice asked who is investigation this billing error? Ms. Silvernail stated the Township is investigating.

Mr. Felice stated that it would be wise to have an independent party investigate what is going on and additional persons responsible for the mistake named. He stated that he will attend every meeting until he gets the names of all responsible.

Monika Bonn-Miller asked who is this group who is handing out this letter at the meeting? Will anyone identify themselves? Several hands were raised.

Two residents wanted to read the letter passed out at the meeting and address items on the list of questions for the Board to answer. Ms. Silvernail stated that the Board of Supervisors did not receive a copy of the letter and will not answer questions on something they have not seen.

Ms. Bonn-Miller stated that she has been coming to the Board of Supervisors meetings for seven months concerning Compass Road. She stated she feels the Board is being swayed by the opinions of Ms. Garris. Ms. Bonn-Miller stated the questionnaire should be honored and could the Board reconsider and vote on speed humps and stop signs?

Steve Miller of Compass Road stated that it is not the Township’s job to use money to control speed on Compass Road. Mr. Miller stated the bridges are posted with weight limit signs and according to the police speed wagon, a car comes every 6 minutes at 37mph in a 35mph zone. Mr. Miller stated that he feels the money should be spent on police to monitor the road.

Ms. Bonn-Miller stated the majority of the people on Compass Road agreed on speed humps.

Ron Yen stated that the majority of residents on Compass Road wanted some sort of traffic calming.

Ms. Silvernail stated that if the Board decided to get speed humps for Compass Road, they could in the future if need be, used in different roads in the Township. Ms. Silvernail stated the Board could look at speed calming measures and take the speed humps to the Heights. Anyone coming to the meetings in the future could give opinions on where to place them. The Board would have to officially vote on it.

Ms. Garris stated that she has no agenda other than safety on Compass Road. Ms. Garris stated that in the Daily Local News it stated that Sadsbury Township was the only Township that did not belong to the Western Chester County Chamber of Commerce Regional Planning Study. Ms. Silvernail stated the reason the Township did not join is because Sadsbury Township demographics are different from other communities. This would not be a benefit to the residents as there is not a lack of business in the Township.

Mr. Miller stated that speed cameras could be the solution to Compass Road.

Linn Hanaway stated there are potholes in the road in front of his house on Hammond Drive. Ms. Silvernail will send the road crew out to look at them.

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