Board of Supervisors Regular Meeting, Tuesday, December 5, 2017

A regular meeting of the Board of Supervisors was conducted on Tuesday, December 5, 2017 commencing at 7:00 p.m. Chairman, Mr. Hensel called the meeting to order. Present was Supervisor Mr. Taylor, via telephone connection accompanied by Todd Bowers of the Public Works Department, and Supervisor Reynolds. Also present was Township Solicitor, Mr. O’Keefe, Township Engineer, Mr. MacCombie, Township Building/Zoning Officer, Mr. Lowry, Township Manager, Mr. Walters, and members of the community.

Mr. O’Keefe announced the Board met in Executive Session on Thursday, November 30, 2017 to discuss the sewer sale and they met in Executive Session this evening to discuss personnel matters.

A moment of silence and Pledge of Allegiance was observed.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to waive the reading of the minutes of the previous meeting. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Hensel made a motion, seconded by Mr. Taylor, 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 Ranck reported the police patrolled 3,022 miles and handled 222 incidents during the month of November, 30 of these incidents were handled by the Pennsylvania State Police during Township police’s off duty hours as follows: hit and run crash 3, accident other type 1, property damage crash 4, alarm police 3, animal complaint 3, assist from other police department 1, assist motorist 1, assist to other police department 5, business check 53, death investigation 1, disturbance 1, domestic dispute 5, erratic driver 5, escort person or money 1, field or brush fire 1, for police department information 2, fraud (actual or attempted) 1, house/vacation check 15, identity theft 1, keys locked (vehicle, house, etc.) 1, medical emergency 14, missing person 3, Township Park check 7, repossession 3, police report (not in progress) 27, shots heard or shooting (no injuries) 1, SPCA assist 1, suspicious condition 5, suspicious person 2, theft 4, traffic general hazards 3, traffic stop 5, and residential vacation check 1. The criminal arrests in November are as follows: bad checks, theft by deception, theft by unlawful taking, receiving stolen property, possession of Marijuana, drug paraphernalia, and false reports to law enforcement. These arrests do not include any active criminal investigations which may result in an arrest.

Clark Faggioli reported the Veterans Day event raised over $20,000 for chairs for Veterans. He would like to thank the Board and the Township residents for their participation in the event. The event was so successful, that they will do it again next year. Mr. Faggioli would like to thank the police and local fire departments to help achieve their goals.

Township Public Works Report: Public Works Foreman, Mr. Simmons reported that it is important to note that for half the month of November, the Public Works Department functioned with one man due to fulfilling vacation requests. The Department still accomplished many tasks, such as maintaining our storm drain system, repairing several street signs, inspection and maintenance if needed of emergency equipment, such as chainsaws, portable generators, barricades, etc., to ensure they are in good working condition. The Department has also been continuously preparing for this winter season by inspecting and replacing, if needed, some parts on our winter equipment. Some examples are inspection and/or replacement of couplings and hoses on plows, bolts and blades on plows, performing maintenance checks on all equipment and vehicles. Once these inspections were completed, we rechecked them a second time during the month to ensure that everything is in good working condition. The Department winterized all plumbing located at Bert Reel Park. Lastly, we assisted Alpha Space Control with road line painting throughout the Township. The equipment hours were 1.9 and there were 566.6 vehicle miles traveled.

Emergency Management Report: Mr. Taylor reported the County is still moving forward with providing radios for the Public Works Department.

Keystone Valley Fire Department Report: Mr. Cazillo reported that for the month of November 2017, the Keystone Valley Fire Department responded to 19 calls for: fire 10, rescue/medical assist 5, good intent 1, cover assignment 1, and fire police 2. The response by municipality is as follows: Sadsbury Township 1, West Sadsbury Township 6, Highland Township 1, Parkesburg Borough 5, and Out of District 6. The average response by personnel was 07 per call with a total of 123 personnel for combined response of 218.71 hours. The average response time dispatch to on scent was 10.57 minutes. There were 4 in house trainings with 31 members attending for 114.0 hours combined training hours. The fire units traveled 1,314 miles and used 192.7 gallons of fuel. The ambulance(s) traveled 3,004 miles and used 267.5 gallons of fuel. The total miles traveled was 4,318 and the total amount of fuel used was 460.2 gallons. The Keystone Valley EMS Division answered 101 calls for: treated/transported BLS 28, treated/transported ALS 34, no services required 10, patient refusal 13, recalled on-scene 5, dead on arrival 2, and treated and transferred care 2. The municipal break-down is as follows: Parkesburg Borough 30, Sadsbury Township 29, West Sadsbury Township 25, Highland Township 5, and Out of District 12.

Sadsburyville Fire Company Report: Mr. Conover reported that for the month of November, 2017, the Sadsburyville Fire Company responded to 20 calls for: 8 house fires, 8 motor vehicle accidents, 1 trash fire, 1 gas leak outside, 1 EMS assist, and 1 building fire. There were 199 miles traveled with an average of 9.95 miles per call. The time in service was 15 hours and 30 minutes with an average of 46.5 minutes per call. The volunteer firefighters responding was 138, with an average of 7 per call. The municipal break-down is as follows: Sadsbury Township North 6, Sadsbury Township South 0, West Caln Township 2, Valley Township 4, City of Coatesville 6, West Sadsbury Township 1, and West Goshen Township 1.

Sadsbury Township Park Committee Report: Mr. Jessey reported the Sadsbury Township Park and Recreation Committee met on November 27, 2017. Mr. Jessey reported the committee discussed the Municipal Directory for Sadsbury Township and will work with various departments to be provided with information. Repairs to Bert Reel Park were discussed, and possible ways to raise funds for upcoming events planned by the committee.

Township Engineer Report: Mr. MacCombie stated he has a Certificate of Completion account reduction for Sadsbury Arcadia Associates LP for Sadsbury Park Phase 4A in the amount of $42,377.33 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve a Certificate of Completion, account reduction for Sadsbury Arcadia Associates LP for Sadsbury Park Phase 4A in the amount of $42,377.33 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 of funds for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $4,736.87 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve an Engineering Escrow release of funds for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $4,736.87 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release of funds for Aerzen USA Corporation for the Aerzen expansion in the amount of $112.50 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve an Engineering Escrow release of funds for Aerzen USA Corporation for Aerzen expansion in the amount of $112.50 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that DiRocco Brothers repaired the trench on Old Wilmington Road in front of Sadsbury Park for $8,700.00.

Mr. Hensel made a motion, seconded by Mr. Taylor, to pay DiRocco Brothers $8,700 for the trench repair on Old Willmington Road in front of Sadsbury Park 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 is requesting payment to DiRocco Brothers for emergency repairs to the bridge on Octorara Road in the amount of $18,750.00.

Mr. Hensel made a motion, seconded by Mr. Reynolds to pay DiRocco Brothers $18,750.00 for the emergency repairs to the bridge on Octorara Road 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 the Board of Supervisors authorized an easement agreement with Pennsylvania American on Greenbelt Drive and Quarry Road. This has been reviewed by attorneys for the Township and attorneys for Pennsylvania American and it has been agreed upon as written and Mr. MacCombie needs authorization to sign this document to be recorded.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve Mr. MacCombie sign the easement documents to be recorded for the easement agreement with Pennsylvania American on Greenbelt Drive and Quarry Road. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated a representative from D.L. Howell and Associates presented plans for the John Rock Expansion. Mr. MacCombie will review the plans and write a review.

Mr. Simon Jessey reported a sink hole on Fox Trail. Mr. MacCombie will take a look at the area.

Township Solicitor Report: Mr. O’Keefe stated that Eric Carlson from Arcadia Land Company has come before the Board to request an extension of the preliminary plan for Sadsbury Park. The plan expires this March 2018 and Mr. Carlson would like it extended an additional 3 years until 2021. Mr. MacCombie stated that he has no objection for the extension as there is still active construction.

Mr. Hensel made a motion, seconded by Mr. Taylor, to extend the Preliminary Plan for Arcadia Sadsbury Park for 3 years until March 2021. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Carlson is also asking for final approval of Phases 3B and 4B of Sadsbury Park. Mr. Carlson stated the Planning Commission would like the sidewalks to remain as submitted, otherwise all conditions in Mr. MacCombies review letter will be met. Mr. Carlson feels comfortable with all the comments.

Mr. Hensel made a motion, seconded by Mr. Taylor, to give final approval of Phases 3B and 4B of Sadsbury Park per Mr. MacCombie being satisfied all conditions are met with his review letter. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Michael Gill from Sadsbury Commons stated he went to the Planning Commission to discuss the MacCombie review letter and will be going again next week hoping for a recommendation. Mr. Gill stated that Building D has a loading area. Mr. MacCombie questions the set back to Hershey Lane. The set-back to Hershey Lane should be 100 feet from the property line; with the loading area it is 60 feet. Mr. Gill states the loading area is part of the building and in every version of the plan, it is identified as part of the loading area. He feels it would not need to go to the Zoning Hearing Board. The truck would pull up parallel to the building, the loading door goes up and the truck enters and unloads. It is an enclosed area. Mr. Lowry asked if there would be any public access. Mr. Gill stated probably not. Mr. MacCombie stated in the Town Center Ordinance 2016-04, the Town Center building line front will be 100 feet. The rear of the building shall be 50 feet and he believes the documentation shows no customer entrance. This will be absolutely allowed if the plan is documented that there is no public access. Mr. Gill feels that no easements should be needed for Stornwater Management, as the pipes are municipally owned. Mr. MacCombie stated that if documentation is provided on each pipe that the rate of flow is not increasing, then Mr. MacCombie is okay with the Stormwater Management going downstream through existing pipes to the Buck Run. Mr. Lowry pointed out there are additional landscape questions by Mr. Stubbe. Mr. Gill stated there are so many trees that need to be planted according to the Ordinance that you would not be able to build any buildings. Mr. Gill will be willing to do a fee in leu of. Mr. Gill will go back to the Planning Commission this month.

Mr. O’Keefe stated that with the new Board coming in January, Mr. Reynolds, Mr. Moore, and Mr. Taylor having connections to fire departments could raise the potential for acts of ethics. Mr. O’Keefe wants to be certain to protect the Board from any ethics violations. Given the constitution of the Board could raise potential issues and Mr. O’Keefe would like to draft a letter to the Ethics Commission for guidance. Heidi Androwick suggested to let the people vote if there is a conflict of interest. Mr. O’keefe stated he would like to find out if there is a conflict and get firm advise the Board can rely on going forward. Mr. Taylor stated it has been a hot potato for a long time. There should be some protection, but still have a say as to what is going on. Brian Gathercole suggested to Mr. O’Keefe to find the answer as to whether a police officer can hold a Supervisor position in the Township. Max Will look into it. A conflict occurs when a member of a governing body receives a monetary gain, or an organization receives a monetary gain.

Mr. Taylor made a motion, seconded by Mr. Reynolds to authorize Mr. O’Keefe to draft a letter to the State Ethics Commission to have guidance to protect the Board on any decisions that might be questionable. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Keefe stated the lease extension agreement with American Tower is ready to be finalized by the Board. The tower is located on the Piston Popper property on Compass Road. They agree to be obligated to maintain the property in accordance with the Township Ordinance. The terms of agreement are that the lease will be for 20 years, which will be 4 terms of 5 years each until 2049. There will be a 3% annual rent increase paid to the Township. Mr. O’Keefe stated that American Tower is looking for approval. Mr. Taylor stated we need to put this to bed, the grass has been cut and is being maintained.

Mr. Hensel made a motion, seconded by Mr. Taylor, to authorize agreement of the terms of the American Tower lease. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission Report: The Planning Commission met on November 15, 2017 at 7:00 p.m. Ms. Heineman called the meeting to order. Eric Carlson came before the Planning Commission with a revised plan for Phase 4A & 4B of Sadsbury Park and a request to recommend to the Board of Supervisors for approval. A motion was made and seconded to recommend the Board of Supervisors approve Sadsbury park Phase 3B & 4A contingent conditions are met with the MacCombie letter dated October 23, 2017 with the exception of comment 6E, that the sidewalk remain as proposed. Michael Gill also came before the Planning Commission to discuss Sadsbury Commons. Discussion included square footage, traffic, sewer, parking, park & ride, loading docks, topography, and stormwater flows. The Zoning Update was discussed and a motion was made and seconded to authorize advertisement of the Zoning Ordinance.

Township Building/Zoning Report: Mr. Lowry reported that for the month of November there were 40 inspections performed and 89 inquiries have been received. Three permits were issued in November for 2 single family dwellings and 1 deck. Mr. Lowry reported that John Rock will be going to the Zoning Hearing Board on January 29, 2018 for a building addition. The Zoning update will be sent to the County for review for 30 days and will then need an authorization for advertisement for adoption.

Chester County Airport Update: no report

Payment of Invoices:

Mr. Hensel made a motion, seconded by Mr. Reynolds, to pay the November 2017 General Fund invoices in the amount of $198,533.14. With there being no questions from the public, the Board voting, “aye”, the motion passed unanimously.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to pay the November 2017 Sanitary Sewer invoices in the amount of $52,429.51. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. O’Keefe stated that next on the agenda is a resolution to authorize a fire tax and a resolution to authorize an Emergency Services tax, with a combined raise in taxes of
1 mill. This is a township wide tax to fund all fire services. Mr. Reynolds stated that passing the tax does not define who the money is going to. Mr. Cazillo stated that in the budget minutes, Mr. Reynolds stated that he needs money to put an addition on the Sadsburyville Fire Company building. Mr. Reynolds stated the Ethics Committee will decide how the money is spent. Stephanie Silvernail asked why not wait until January 2018, to vote on this tax. The tax does not have a designated place to go and will just sit in the General Fund, the resolution does not say what organization will receive the funds. Heidi Androwick made the comment that sewer usage is going up, and now more taxes. People only have so much money. Mr. Reynolds stated that Hyland Township, Parkesburg Borough, West Sadsbury Township all have a fire tax. Tony Clark asked how we are paying now. Mr. Hensel stated that the fire departments were paid out of the General Fund.. Vicky Horan asked if fire Companies provide financials to the Township for funds. Mr. O’Keefe answered that yes, they do. Christine Moore asked where we are on funds. Mr. Reynolds stated the Township breaks even on taxes providing police, the Public Works, and the administration staff. Robert Silvernail stated they should not pass any resolutions until there is an Ethics review.

Mr. O’Keefe stated he feels they should hold off on passing the fire tax and EMS tax resolutions until the Ethics letter is written and be cautious and get feed-back from the Ethics Committee. He said you could be looking at a 1 to 2 month turn around time.

Elmer Pluck asked what will be done with the money from the sewer sale. Mr. Reynolds stated that the sale is not a done deal now.

Mr. Reynolds made a motion, seconded by Mr. Taylor to table the tax increase to next month. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Reynolds stated that at the budget meeting, it was determined the Township would hire a full-time police officer and a part-time officer to replace a part-time officer who left the force.

Mr. Reynolds made a motion, seconded by Mr. Taylor, to promote Officer Al Haldeman from part-time officer to full-time officer to take effect January 1, 2018. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Reynolds made a motion, seconded by Mr. Taylor, to hire Michael Hawley, as a part-time officer to start immediately. With there being no questions from the public,
Mr. Hensel voting “nay”, the motion passed.

Public Comment:

Mr. Reynolds stated that this is Mr. Hensel’s last Board of Supervisors meeting and he would like to thank him for his service to the Township.

Mr. Taylor reported that tomorrow is a state-wide winter preparedness day and every Township will run on generator power from 9 a.m. to 3 p.m.

Mr. Taylor also said that this is the first year he will be missing Christmas with his family and friends. Thanks to his wife, they will get through it.

Mr. Walters thanks everyone for their support and he appreciates being here and wants to wish everyone “Merry Christmas.”

Simon Jessey says volunteers are needed for the Park Committee. There have been several Board of Supervisors budget meetings and the attendance has been poor.

Heidi Androwick stated the budget meetings should be at night.

A resident stated that there should be a sign on Old Wilmington Road stating that there is a tunnel at Greenbelt. Mr. Walters will contact PennDOT about signage as Old Wilmington Road is a state road.

Heidi Androwick stated she filled out a complaint months ago about a property near her home that needs to be looked at. Mr. Lowry will look at it.

Scott Weaver stated he has been with the firehouse since he was 15 years old. He voted against the consolidation. It is very expensive.

Ellen Rice stated her mother had a house fire on Newport Avenue. Berks Fire Repair said that Mr. Lowry was the rudest person that he has ever worked with. Mr. Lowry stated they were working without a permit, and he insisted they apply for one. Mr. Lowry asked them to cut the grass per Ordinance. Ms. Rice said they were planning to cut it anyway.

Stephanie Silvernail said Mr. Sabbi’s house burnt down, in close proximity to the Sadsburyville Fire house.

Vicky Horan asked if the Township has the ability to pay bills through the website? Mr. Walters will look into the possibility.

Chief Ranck stated that as the Chief of Police, he would like to personally thank each Supervisor for their decision in taking the initial step to advance the much needed growth and expansion of the police department and being able to provide the best level of law enforcement service to each and every Sadsbury Township resident. Thank you.

Mr. Taylor thanked Chief Ranck for all his visits and prayers.

With there being no further business, Mr. Hensel made a motion, seconded by Mr. Reynolds to adjourn the meeting. With there being no comments from the public, the Board voting “aye”, the motion passed unanimously.

Respectfully Submitted

Linda Shank
Secretary