Supervisors Regular Meeting Tuesday, May 1, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, May 1, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisors Mr. Greenfield and Ms. Horan, Township Solicitor Mr. Pompo, Township Engineer/Zoning Officer Mr. MacCombie and members of the community.

Ms. Silvernail announced the Board met in Executive Session on May 1, 2012 at 6:00 p.m. 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 April, 2012 the police patrolled 4,488 miles and handled 140 complaints from the public for: 6 suspicious persons/conditions, 5 911 hang-ups, 13 alarms, 14 domestics,6 accidents, 3 disturbances, 7 assist to other departments, 5 harassment, 2 criminal mischief, 5 thefts, and 3 animal. There were 15 parking tickets issued for the month and 14 traffic citations. There were 3 criminal arrests for the month of April: 1DUI and 2 harassment. Patrol activities included 34 traffic checks and 13 property checks.

Township Engineer Report:

Mr. MacCombie reported that he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Commons, Medical Office Development, Phase 1A in the amount of $185,974.96 for the Board’s approval.

Mrs. Silvernail made a motion, seconded by Mr. Greenfield, to approve a certificate of release of funds from working account letter of credit reduction from Sadsbury Commons Medical Office Development, Phase 1A in the amount of $185,974.96 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Commons Phase 1A, the medical office building in the amount of $5,636.25 for the Boards approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Sadsbury Commons, Phase 1A, the medical office building in the amount of $5,636.25 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Park Phase 4C in the amount of $97,737.64 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 from Sadsbury Park Phase 4C in the amount of $97,737.64 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Park Phase 4C in the amount of $2,977.50 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Sadsbury Park Phase 4C in the amount of $2,977.50 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Park Phase 2A in the amount of $2,850.62 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 $2,850.62 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Lafayette Square, Phase 1 in the amount of $396.87 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Lafayette Square Phase 1 in the amount of $396.87 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 there was a letter dated March 7, 2012 from BRT Trucking Company at 813 North Octorara Trail, asking for a “trucks entering highway” sign on Rt. 10 south, adjacent to the shop’s driveway. Mr. MacCombie stated that in talking with Penn Dot, there is no objection to placing a sign on Rt. 10. The Township would have to pay for the sign and maintain it. Mr. MacCombie estimates the sign will cost $85.00 plus the cost of the post. Mr. MacCombie also stated the Township could require BRT to pay for the sign.

Mrs. Silvernail made a motion, seconded by Ms. Horan to allow a “Trucks entering Highway” sign on Rt. 10 South, adjacent to the BRT driveway at 813 Octorara Trail and request that BRT pay for the sign. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that he received conditional approval from Penn Dot to move forward with the Village Enhancement Project.

Mr. MacCombie stated the control board at the pump station has blown out. Emergency repairs had to be made at a cost of approximately $6,000.00. The station was running on one pump.

Mr. MacCombie stated that Chris Williams with McMahon Associates will be attending a meeting May 14, 2012 with Penn Dot to discuss the loop road for Sadsbury Commons. He is asking Penn Dot to phase construction of the loop road. The Board is requesting Mr. MacCombie attend the meeting with Penn Dot.

Township Solicitor Report:

Mr. Pompo stated the Zoning Hearing Board met on Thursday, April 19, 2012 regarding an application by Gateway Grace Community Church applying for zoning relief pertaining to signs. The Zoning Hearing Board agreed to grant a variance from the Township Zoning Ordinance and allow two signs to be located on the property. The first sign will be a free standing sign with a LED message board on the sign. The second sign is a wall sign that measures 144 square feet. Mr. Pompo stated the Township has 30 days to file an appeal with the Court of Common Pleas of Chester County. Mr. Pompo stated that the Zoning Hearing Board denied a request in the past for an LED sign at Route 10 & 30. Mr. Pompo stated the Zoning Ordinance in the Township does not allow LED signs and feels the evidence was not met regarding the criteria needed to grant a variance for Gateway Grace Community Church.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to have Mr. Pompo file an appeal with the Court of Common Pleas of Chester County regarding the Zoning Hearing Board’s decision on the two signs granted Gateway Grace Community Church. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated that the Township has agreed to a settlement of civil complaint filed against Eli Stoltzfus and David Stoltzfus of Abundant Life Landscaping. The agreement states that Mr. Stoltzfus acknowledges the Zoning Ordinance was violated by conducting commercial storage of materials and operation of a landscaping business and parking commercial vehicles on the property. Mr. Stoltzfus has agreed to pay the Township a $500.00 fine.

Monika Bonn-Miller stated she feels that $500.00 is not sufficient amount in case they come back to the property.

Margie Weiss stated $500.00 is a very small amount considering Mr. Stoltzfus violated the Township Ordinance for the last 5 years. Damage to the road is intensive. She is appreciative the Township removed them from Compass Road.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve and sign the settlement of civil complaint filed against Eli Stoltzfus and David Stoltzfus of Abundant Life Landscaping with a fine in the amount of $500.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated a letter was received dated April 30, 2012 from Michael Gill regarding Sadsbury Commons requesting a special meeting with the Board of Supervisors no later than May 17, 2012 to grant approval of final execution of all project-related plans and documents. Ken Silvers, representing Sadsbury Commons stated the meeting could be held off until May 30, 2012 at the latest. Mr. Silvers stated that grading is being done on the property and they should receive their Highway Occupancy Permit in May. They do not want to stop construction because the plan has not been recorded yet. A special meeting would be appreciated. The traffic engineer is in negotiation with Penn Dot and Mr. Silvers feels comfortable the Highway Occupancy Permit will be issued. Sadsbury Commons would pay any costs incurred to have a special meeting.

Menke & Menke will do a review on the landscaping for Sadsbury Commons.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to hold a special meeting for Sadsbury Commons on Wednesday, May 23, 2012 at a tentative time of 6:00 p.m. with legal and advertising expenses to be paid by Sadsbury Commons. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed a sewer billing update. Mr. Pompo reviewed the billing issues, stating that in December 2011 on review of sewer invoices, discrepencies were discovered in billing of EDU’s for multi users and non-residential customers. There were conference calls with Pennsylvania American in regards to how to correct the billing system. Mr. Pompo stated that Mr. MacCombie and Mr. Joe Drozd calculated back billing for EDU’s and in early January 2012 a collection policy was put into place. No interest or late fees are to be assessed on the back billed EDUs. Mr. Pompo stated that to date, Pennsylvania American has collected $58,297.35 at 54% and the Township has collected $29,947.81 at 20%. Mr. Pompo stated that in early February 2012 a formal claim was submitted against the Treasurer’s Bond. Today Mr. Pompo stated he received a request for additional information. Mr. Pompo e-mailed the information to the bonding company and stressed the importance of this matter and asked for a more timely communication with the Township.

Mr. Pompo expressed gratitude to those who paid their back-billing and stated he will continue to provide a report as the investigation goes further.

Susan Franco asked where did Mr. MacCombie get a copy of the Ordinance.

Mr. Pompo stated that Mr. McCombie’s office has a copy of all sewer Ordinances.

Susan Franco asked if residents could get some money back on being overbilled.

Mr. Pompo stated that the Board has reduced the flat rate and will continue to do so going forward. It would be most helpful to the residents if the back bills were paid.

John Lymberis asked if the Township is taking action against the Treasurer’s Bond, will the Township seek additional action against another bond.

Mr.Pompo stated not at this time.

John Lymberis asked if the Township is successful and could collect from the Bond, will it pay for all the back billed sewer?

Mr. Pompo stated that the insurance company has already asked what measures the Township is taking to collect the debt.

Richard Felice asked if the Township feels one person is responsible for this mistake, why are you doing an investigation?

Mr. Pompo responded that Mr. Felice is the one who demanded an investigation be done and a report done at each monthly meeting.

Mr. Felice stated that if that one employee is to blame, then the investigation over.

Mr. Pompo stated that he will not respond to that since he already answered.

Mr. Felice stated he disagrees with Mr. Pompo and his questions are not being answered.

Sharon Bennett stated that she was not at the last meeting and does not understand why Mr. Pompo won’t answer the question posed by Mr. Felice as to why there is further investigation if you already have the culprit.

Mr. Pompo stated that Mr. Felice stated the investigation is finished and that is not the case. The investigation is ongoing and no stone will be left unturned.

Ms. Silvernail stated the next meeting for the Fire Company Consolidation is May 15, 2012. Ms. Silvernail will take the copy of the Draft Fire Company Consolidation Ordinance that Mr. Pompo reviewed to the next Fire Company Consolidation meeting on May 15th at Parkesburg Fire Company and report back to the Board.

Township Planning Commission Report:

Mr. Greenfield stated the Planning Commission met on April 11, 2012. There was no business to conduct.

Township Zoning Report:

Mr. MacCombie stated a notice was sent to Hershey Motors for having vehicles parked in an unapproved area.

Mr. MacCombie stated that Abundant Life Landscaping moved to Hershey Motors Property. A violation notice was given to them on April 13 to cease and desist.

Mr. MacCombie stated the Township granted a grading permit to Benjamin Stoltzfus of 363 Compass Road, to have a manure pit on his property. The design of the manure pit is under the auspices of the USDA Natural Resources Conservation Service. The installation of the necessary sedimentation and erosion control will be inspected by them.

Pomeroy Fire Company Report:

Mr. Taylor reported that there were a total of 19 calls for the month of April: 1 vehicle, 6 brush, 1 electrical, 3 relocate, 1 mulch, and 1 house. There were a total of 13 assists to other departments: Union (Berks County) 1, Canarvon Township (Berks County) 1, Parkesburg Boro 1, Highland 1, Sadsbury 4, Sadsbury (Lancaster County) 1, North Coventry 2, Middleton Township (Delaware County) 2. Time in service was 27 hours 25 minutes and 187.28 man hours. Mr. Taylor reported for the month of April the ambulance responded to a total of 33 calls: Sadsbury 7, West Sadsbury 6, Parkesburg 11, Christiana Lancaster County 1, Highland 5, Caln Township 1, and Valley Township 2. Type of calls were: medical 15, vehicle 7, fire 3, recalled/refused 8 and total number of transports was 24.

Sadsbury Fire Company Report:

Mr. Grossman reported for the month of April there were a total of 13 responses: house fire 2, CO alarm 1, relocates 2, vehicle 1, motorcycle accident 1, motor vehicle accident 1, automatic fire alarm1, and brush fire 4. Assists to other departments: Sadsbury Township North 5, Sadsbury Township South 2, Valley Township 2, West Caln Township 2, West Brandywine Township 1 and Highland Township 1. Traveled 70 miles and time in service was 5 hours and 33 minutes.

Emergency Management Coordinator Report:

Mr. Taylor stated he had nothing to report.

Chester County Airport Update:

Mr. Roberts reported that the Airport Authority meeting was today at 4:00 p.m. Mr. Roberts reported the South Apron project is on schedule. The Airport Authority council is sending a letter to Arcadia to make sure buyers are informed of the flight plan over the development.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to pay the April invoices in the amount of $114,647.02. With a question from Vince Wolsky as to how many invoices are being paid and what are they and Ms. Silvernail answering around 65 invoices and too many to announce what they are, but he could come to the Township and that information would be given to him, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to pay the April sanitary sewer invoices in the amount of $45,297.61. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Ms. Silvernail stated that Officer Richard Imhoff seeks to purchase a firearm through payroll deduction until the purchase price is paid in full.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve a request of firearm purchase through the Township by Office Richard Imhoff with the purchase price to be $1,637.99 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.

Public Comment:

Steve Miller from Compass Road asked if any repairs are scheduled for Compass Road.

Ms. Silvernail stated she, the road crew, and Mr. Herbert MacCombie did a road inspection in the Township and their findings will be on the agenda for June.

Susie Garris stated that rip rap was put on the side of the road on an area of Compass Road. Ms. Garris stated this is dangerious if someone has to go off the side of the road for some reason. Ms. Garris stated that stones are not being put in the right places.

Ms. Silvernail stated she will check on this and if stones are put in the wrong places, it will be taken care of.

Susan Franco stated she is concerned about enforcement of Ordinances in the Township. Ms. Franco stated she had invited about 20 women to her home and they got parking tickets as they had to park on the street because Ms. Franco’s driveway was unexpectedly re-sealed that day. Ms. Franco stated the next day 40 cars were parked in Quarry Ridge, the police rode by and no one got ticketed. Ms. Franco stated that there is nowhere for people to park if you have an event at your home. Ms. Franco stated that Quarry Ridge wants the parking situation revisited and would like to have event parking.

Ms. Silvernail stated that the parking situation in Quarry Ridge has been discussed many times and Ms. Franco came to meetings many times in the past asking for the no parking signs to be placed in Quarry Ridge. Ms. Franco stated that the reason she wanted the no parking signs was because people were being ticketed with no signage.

Ms. Silvernail stated that the Ordinance that addresses the “no parking” cannot apply for some and not for others. Ms. Silvernail also stated that if the residents of Quarry Ridge want to have on street parking, the Township can abandon the roads there and they can park anywhere they please.

Ms. Franco stated there will be no volunteers from Quarry Ridge to do the spring road side clean-up on Old Wilmington Road this year due to the parking ticket situation.

Mr. Richard Felice stated that his silence will speak volumes.

John Lymberis stated he can’t understand how the flat fee for the sewer is made up. Can future expansion of the sewer system be included in the flat fee? Mr. MacCombie answered that Municipalities cannot charge existing customers for expanding their treatment plant. Mr. MacCombie stated that some municipalities charge only a flat fee, some charge a combination of flat fee and user fee, and some municipalities charge only a user fee. Mr. MacCombie stated that Sadsbury Township’s user fees are not enough to meet the debt service and the flat fee pays administrative charges to get the bill sent out and helps to pay the debt service combined with the user fee.

Noah Hershey from Hershey Motors asked if Abundant Life Landscaping can stay on the Hershey Motors property through 2012 until they can find another place.

Mr. MacCombie stated the use is not permitted in that district and Abundant Life Landscaping was given until May 19, 2012 to abandon the property.

Ms. Horan stated that Abundant Life Landscaping moved from one place where they were not permitted to another place where they are not permitted.

Mr. MacCombie stated Abundant Life Landscaping will have to find a spot where they are permited to operate their business. They would still have to apply to the Township for permits.

Clark Faggioli asked why the speed limit signs were covered up on Compass Road.

Ms. Silvernail answered the 35 mph signs were covered because the Township put temporary 25mph speed limit signs for traffic calming measures.

Chief Groce stated that on Monday at 7:00 p.m. the Historical Society will have guest speaker, author Ann Atkins, who will speak on her book about Eleanor Roosevelt.

Kathy Kryzanauskas of Andrew Drive stated that Frederick Road is cracking and Andrew Drive is developing depressions.

Ms. Silvernail stated she noted this on the road inspection as they did the tour of this neighborhood.

Earl Taylor stated that the county has lifted the burning ban and wanted to know if the Township has any restrictions. Ms. Silvernail stated the Township does not have a resolution on burning.

Ray Campbell stated someone on Newport Avenue is having large bonfires.

Ms. Silvernail stated that anyone with complaints about bonfires should call 911.

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