Board of Supervisors Regular Meeting Tuesday April 3, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, April 3, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisor Mr. Greenfield, Township Solicitor, Mr. Pompo, Township Engineer/Zoning Officer, Mr. MacCombie and members of the community. Supervisor Ms. Horan was absent.
The moment of silence and pledge of allegiance were observed.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, 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 Sergeant Ranck reported that for the month of March, 2012 the police patrolled 4,612 miles and handled 138 complaints from the public for: 9 suspicious persons/conditions, 6-911 hang-ups, 10 alarms, 8 domestics, 11 accidents, 2 disturbances, 15 assist to other departments, 1 harassment, 5 criminal mischief, 3 thefts, and 1 animal. There were 17 parking tickets, 8 traffic citations and 9 traffic warnings issued for the month. There were three criminal arrests for: 1 DC/harassment and 2 DC and possession of drugs. Patrol activities included 42 traffic checks and 36 property checks. The police will be assisting with Old Wilmington Road trash clean up day on Saturday April 28, 2012 beginning at 9:00 a.m. The Compass Road clean up has advised they do not need police assistance on April 14, 2012.
Township Engineer Report Mr. MacCombie stated that he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Arcadia Associates L.P. for Sadsbury Park Phase 4C in the amount of $6,635.03 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 Sadsbury Arcadia Associates L.P. for Sadsbury Park Phase 4C in the amount of $6,635.03 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 Commons Phase 1A, the Medical Office Building in the amount of $5,926.25 for the Board’s 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 $5,926.25 per Mr. MacCombie’s recommendation. 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 for Sadsbury Park Phase 4C in the amount of $6,172.50 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Sadsbury Arcadia Associates for Sadsbury Park Phase 4C in the amount of $6,172.50 per Mr. MacCombie’s recommendation. 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 for Sadsbury Park Phase 2A in the amount of $207.50 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for Sadsbury Arcadia Associates for Sadsbury Park Phase 2A in the amount of $207.50 per Mr. MacCombie’s recommendation. 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 JYF Partners for Lafayette Square Phase 1 for $288.75 for the Board’s approval.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release for JYF Partners for Lafayette Square Phase 1 for $288.75 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 the Wasteload Management Report has been sent to Pennsylvania American Water Company.
Mr. MacCombie stated that he has received a letter for BRT Trucking located at 813 North Octorara Trail. He just received the letter this evening and has not had a chance to look at it thoroughly. The Company is looking for signage, and will have to get approval from both Sadsbury and West Sadsbury Townships. Mr. MacCombie will discuss this after he looks at the letter.
Mr. MacCombie stated that Commonwealth Engineers for All County Partners is requesting to the Board to approve to change their letter of credit to a bond for completion of Waverly Boulevard; which is basically for paving. Mr. MacCombie stated he believes escrow money has been released to All County Partners in the past but not taken to the bank to release the money. Mr. MacCombie stated that when escrow money is released by the Board, the document must be taken to the bank for the funds to be released. Mr. MacCombie stated there is $33,000 in one account and $19,000 in
another. Mr. MacCombie will look at statements and determine what the correct balance is in these accounts.
Mr. MacCombie suggested that the Board post a 25mph speed limit on Compass Road for 3 months to determine what happens for traffic calming. Mr. MacCombie also stated that three way stop signs at Skiles and Compass Road would also be an idea.
Ms. Silvernail made a motion to place 25 mph speed limit signs on Compass Road for 3 months. With there being the following questions:
Steve Miller of Compass Road stated that he is opposed to both of these ideas as there is no reason for these measures. He states there are not a lot of cars on Compass Road and the police trailer showed cars traveling 37mph in a 35 mph zone, and public roads are made to be traveled on.
Monika Bonn-Miller stated that she disagrees with Mr. Miller and refers to the traffic calming survey.
Ron Yen stated the only reason to oppose the speed humps is because of a desire to drive at 37mph.
Ann McGrail stated she was asking a question for Mildred Garris, who could not attend the meeting tonight. Ms. McGrail wanted to know what the cost would be for 25 mph speed signs. Ms. Silvernail stated the cost could be $500.00 or $600.00 for the signs. Ms. Silvernail stated the money would come out of the Liquid Fuels Account. Ms. McGrail stated that Ms. Garris would only want money to be used for road repairs.
Mr. Richard Felice of Quarry Ridge wanted to know if speed humps are tabled forever. He stated a new survey should be given to Compass Road stating only are you in favor of speed humps, yes or no.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to place 25 mph signs on Compass Road as a temporary measure. The Board voting “aye” the motion passed unanimously.
Township Solicitor Report Mr. Pompo stated that Gateway Church has a hearing scheduled for April 19,2012 before the Zoning Hearing Board and is asking for two variances. They are asking for a free standing LED Electronic message Sign and a church logo on the building. The Zoning Ordinance prohibits both of these signs. Mr. Pompo asked the Board if they would like to take a position on the measure. Ms. Silvernail stated the Board is requesting representation in opposing the request.
Mr. Pompo stated that Abundant Life Landscaping has abandoned the property on East Hammond Road, and relocated to the Hershey Motors property. Mr. Pompo stated that since it appears Abundant Life is in compliance the Board still should pursue some sort
of penalty to Mr. Stoltzfus. Mr. Pompo would like to make a reasonable settlement with Mr. Stoltzfus prior to the hearing so that they do not have to appear before Judge Gill.
Mr. Pompo stated that the Military Readiness Center has a request to revise the Developers Agreement. The Commonwealth requested that all references to the Township’s building inspections and issuance of building permits and use & occupancy permits be removed from the Developer Agreement. The General Counsel’s office claims that pursuant to the Pennsylvania Construction Code, the Department of Labor & Industry has exclusive jurisdiction over inspections and permitting for buildings owned by the Commonwealth. Mr. Pompo stated the revised Developer Agreement removes all references to the Township performing inspections of the building and issuance of building permits and use & occupancy permits. Mr. Pompo stated his office reviewed the revised Developer Agreement and found the terms acceptable.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve the revised Developers Agreement for the Military Readiness Center per Mr. Pompo’s explanation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Mr. Pompo stated that he received a letter from D&S Developers requesting a 2-3 year extension of approvals for the industrial property they own on Valley Road in the southern part of the Township. Mr. Pompo stated that preliminary approval was granted in October 2006 and final approval was given in July of 2007 subject to financial security. Mr. Pompo stated they had a 5 year date of preliminary approval protection, which would be October 2011. Mr. Pompo stated that Act 46, the permit extension act, would allow protection until July 2013. D&S must apply and pay a fee for this extension. When the approval was granted, the Board agreed that having to run a line to the pump station was too much of a burden on the developer. As they are now in the public sewer area, if they want to come back again to develop, sewer should be discussed. Mr. Pompo will write a letter to D&S explaining these details.
Mr. Pompo discussed the COBRA Resolution which would allow health insurance coverage for terminated employees up to eighteen months for covered employees and dependents. The Board of Supervisors recognizes that they are exempt from COBRA under the small employer exemption which is fewer than 20 employees.
Ms. Silvernail made a motion, seconded by Mr. Greenfield to approve Resolution 2012-3, a resolution allowing for the continuation of health insurance coverage for terminated employees. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Township Planning Commission Report: Mr. Greenfield reported that the Planning Commission met on Wednesday, March 14. Applications for 2 open seats on the Planning Commission were reviewed. The Planning Commission recommended Clark Faggioli and David DiSimone be seated on the Planning Commission. With no further business, the meeting was adjourned.
Ms. Silvernail stated that Ms. Horan, who is absent tonight, has a few questions about the recommendation from the Planning Commission. Ms. Silvernail stated the Board will table this recommendation until the May meeting.
Township Zoning Report: Mr. MacCombie stated that Delaware Concrete wants to rent out a building to a motorcycle repair shop. The zoning in this area does not allow for this use. Mr. Biloon from MacCombie’s office does not know If they will apply to the Zoning Hearing Board for relief.
Mr. MacCombie stated that Elias King 710 Sadsbury Road has moved the location of his horse shed and that location has been approved.
Mr. MacCombie stated that Ben Stoltzfus of Compass Road has approval on his manure pit.
Pomeroy Fire Company Report; Mr. Taylor reported there were a total of 11 calls for the month of March: 2 smoke investigation, 1 brush, 1 field, 3 assist EMS, 1 auto accident, 1 automatic alarm, 1 tractor trailer accident, and 1 building fire. There were a total of 11 assists to other departments: Highland 2, Sadsbury 7, East Fallowfield 1, and West Sadsbury 1. Time in service was 8 Hours and 21 minutes and 22.34 man hours. Mr. Taylor reported for the month of March the ambulance responded to 30 calls: Sadsbury 11, West Sadsbury 3, Parkesburg 12 East Fallowfield 1 and Gap Lancaster County 1. Type of calls were: medical 16, vehicle 9, and fire 5. Recalled/refusal 10 and total number of transports was 14.
Sadsburyville Fire Company Report: Mr. Audette reported there were a total of 14 responses for the month of March: 1 car, 1 CO alarm, 1 ambulance assist, 2 accidents with entrapment, 2 auto accidents, 2 stand bys, 1 motorcycle accident, 2 automatic fire alarms, 1 brush fire, and 1 smoke investigation outside. Assists to other departments: Sadsbury Township North 7, Sadsbury Township South 2, Valley Township 1, West Caln Township 1, Modena Borough 1, Caln Township 1, and West Sadsbury Township 1. Traveled 144 miles and time in service was 9 hours and 56 minutes.
Emergency Management Coordinator Report: Mr. Taylor reported that he is working with Emergency Operations Program to get vendors to assist with emergencies. Mr. Taylor stated he has a quarterly training on Thursday evening that he will be unable to attend. Mr. Taylor stated he received a complaint from the State Police, who have his number for contact in the Township; regarding three or four gentlemen canvassing for an alternate energy company. Mr. Taylor was able to find they were legitimate.
Chester County Airport update: Mr. Roberts reported that he had two items to discuss. There is concern in the future as the runway flight path is over the Arcadia Development on Old Wilmington Road and second is that the Authority Community Event Planning Commission is looking for volunteers.
Ms. Silvernail made a motion, seconded by Mr. Greenfield to pay the March invoices in the amount of $93,255.76. 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 March Sanitary Sewer invoices in the amount of $54,291.08. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
New Business
Ms. Silvernail stated the Township received a quote from Modern Group to repair the generator in the Township Building. The generator is no longer under warranty, however, after the Road Department discussed the problem with Modern Group, they agreed to charge only for labor and cover the part to be replaced. Ms. Silvernail stated it is important to have the generator in working condition as the Township Building would be used in case of emergency in the Township.
Ms. Silvernail made a motion, seconded by Mr. Greenfield to accept the quote from Modern Group for labor only to repair the generator in the Township with a cost of $650.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Ms. Silvernail stated the Township received a quote from Kato Technology Solutions to reconfigure the Township and Police Department computer networks to increase efficiency and to coincide with scheduled software upgrade for the Police Department system. Ms. Silvernail stated the Township computers are in need of upgrading and the computers have had issues in the past.
Ms. Silvernail made a motion to accept the quote from Kato Technology Solutions to reconfigure the Township and Police Department Computer networks at a cost of $1,318.36. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Ms. Silvernail stated the Township received a quote from Hanna’s Tree Service for $1,600.00 for tree removal at Greenbelt Bridge. Ms. Silvernail stated the tree is too large for the Road Crew to handle and the Township does not have the equipment to do so. Ms. Silvernail stated this was damage that was done during one of the storms and FEMA will cover the cost.
Ms. Silvernail made a motion, seconded by Mr. Greenfield, to accept the quote from Hanna’s Tree Service for tree removal at Greenbelt Bridge not to exceed $1,600.00 pending reimbursement by FEMA. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.
Public Comment:
Earl Taylor asked if the Township had capability for wireless connection. Courtney Sarbaum answered that the Township has wireless router but doesn’t know how functional it is. Ms. Silvernail stated she will check into it for Mr. Taylor.
Mr. Taylor also asked where does the water come from on North Street when it rains? Mr. MacCombie stated he will find out.
A question was asked as to how many people live in the Township and what happens to the salt that was not used this winter. Ms. Silvernail responded that the Township has about 3,350 residents living here and the Township is obligated to buy a certain amount of salt from Penn Dot under the state contract.
A question was asked as to the timeframe for Compass Road to be repaired. Ms. Silvernail responded the Township will have a road inspection around June and will get a record of what roads need to be paved at that time.
A question was asked as to what the road crew was doing on Compass Road. Ms. Silvernail responded that the road crew filled in the side of the road where it wore away to make it more stable.
Ms. Franco asked who is handling the investigation into the sewer billing mistake and why was the Ordinance not enforced for all the past years. Ms. Franco stated the Board of Supervisors is responsible for enforcing the Ordinance and the auditor missed the mistake; the auditor should not be investigating the error.
Ms. Silvernail stated the Township is investigation the matter and the auditor does not go over every bill.
Ann McGrail stated that the past secretary was trained by the accountant on how to do the billing and she feels the past secretary was used as a scapegoat in the whole matter.
Mr. Richard Felice stated it is incumbent on the Board to make this an agenda item every month to keep the residents informed of the review of sewer. When will the investigation either by the Board or someone else conclude? Mr. Felice stated he wants it on the record what is going on and how it is progressing.
Ms. Silvernail stated that when the investigation is over, the Board of Supervisors will give a report to the residents.
Mr. Felice stated that if he for some reason cannot come to a meeting, he wants to have the investigation on the agenda and the Board of Supervisors is obliged to bring this up every month.
Mr. Pompo stated that the questions asked by Mr. Felice were answered by Ms. Silvernail.
Mr. Lymberis stated that he wrote a letter to the Board of Supervisors and did not get a formal response back. One of the concerns in the letter was that he wanted the backbilling to be done by the Township directly and eliminate late fees.
Mr. Pompo stated that after the meeting last month, he contacted Pennsylvania American and gave them direction not to accumulate late fees and delinquencies on the back-billed portion of the bill only. Mr. Pompo stated that in October 2012, the Township will either take over the billing or it will be outsourced to another agency as Pennsylvania American will not be doing the Sewer billing after this date.
Mr. Lymberis stated he still would have liked to have received a response to his letter. The second question in his letter concerned the Village Enhancement Project update.
Mr. MacCombie stated the Pennsylvania Department of Transportation handicap ramp design has changed 6 times. They are in the process of changing every handicap ramp at every intersection and hope Penn Dot doesn’t change it again. The project should be out to bid by this summer. Penn Dot is willing to reduce the speed limit problem with the Delaware Valley Reginal Planning Commission.
Mr. Lymberis wanted to know if the grant was still good.
Mr. MacCombie stated the grant is still good for the Villiage Enhancement project.
Connie Alfarez thanked the present Board of Supervisors for reducing the trash fee for the residents.
Ann McGrail stated that she objects to unfair billing for sewer. She feels the bulk of the bill should be for usage and not the flat fee for EDU’s. Ms. McGrail also asked why there is no longer a Sadsbury Sewer Authority.
Ms. Sivernail stated the Sewer Authority was dissolved over 10 years ago.
Ms. McGrail stated that many residents were persecuted by this sewer billing mistake. Ms. McGrail stated that if there was a sewer authority, the residents would have greater representation and this billing problem would not have happened.
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