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

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

A moment of silence and Pledge of Allegiance was observed.

Mr. Taylor asked to say a few words before the meeting begins by stating that he would like to recognize the upcoming anniversary of 9/11. He would like to recognize the fire fighters, the police, and all emergency workers. He would like to apologize to Mr. O’Keefe for the way he yelled at him over the political letter. Mr. O’Keefe replied that he never took offense the way Mr. Taylor thought he did. Mr. Taylor also would like to pay tribute to Chuck Dilabbio for raising the money to build Eric’s Place at Bert Reel Park, and others putting in the effort to make this possible in the memory of his son. Mr. Taylor stated he is still miffed about Nancy Keen. She did not speak to him and he thinks she should have. No offense to Dave Reynolds. Mr. O’Keefe stated that any conversation she would have outside of a public meeting could violate the Sunshine Rule. Mr. Taylor stated he still feels her choice was already made before the meeting.

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 3,525 miles during the month of August and handled 211 incidents for the month of August of which 26 were handled by the Pennsylvania State Police during off hours as follows: 911-hang up 1, hit and run crash 1, property damage crash 2, alarm fire 1, alarm police 5, emotional disorder 1, assist from other police department 1, assist fire department 1, assist to other police department 5, business check 41, civil dispute 2, criminal mischief/vandalism 1, disabled vehicle 2, disturbance 1, domestic disturbance 4, emotional disorder 1, erratic driver 3, escort person or money 1, for police department information 3, house/vacation check 15, keys locked (vehicle or house, etc.) 3, medical emergency 23, Township park check 7, repossession 1, police report (not in progress) 23, suspicious condition 1, theft 2, traffic general hazards 7, traffic stop 8, and wellbeing check 2. There are several active criminal investigations currently being investigated by police, but no charges have been filed yet. There was no Chief’ of Police meeting scheduled for July and August of this year. Sergeant Imhoff and Officer Haldeman are both scheduled to attend a 4-day training class at the Chester County Public Safety training center in September. At the completion of that course, both officers will be certified as breath test operators of the BAC DataMaster.

Mr. Bob Hudecheck stated that at the end of July his son was bitten in the face by a Pitbull. No Township police were on duty and the State Police never responded. When you call 911, you expect the police to call back. Why did the State Police not respond? Chief Ranck stated he can’t answer that question and does not want to say something that is not right. Sergeant Imhoff stated the State Police are working with a skeleton crew as well. They are down 4 or 5 Troopers now. There are only about 2 Troopers on duty to service a large area. Chief Ranck stated that every call is important. The Township got the SPCA involved with this case.

Melinda Williams stated she called 911 at 11 :30 at night for vandalism and it took 45 minutes for the State Police to respond.

Charlene Pluck stated someone was in her basement and it also took 45 minutes for the State Police to respond.

Eric Schmelzer stated someone broke into their house and the Township police were there within minutes.

Chief Ranck stated the reason sometimes there is no coverage in the Township in the evening is because he is working with part-time officers who have other jobs and are sometimes not available to work in the Township.

Melinda Williams said that criminals know the police are not on duty after hours.

Township Public Works Report: For the month of August, the Public Works Department maintained Township owned properties, right-a-ways, buildings, signs, equipment, and our storm water drain system. Tree limbs and vegetation within the right-a-way has been cut and chipped on Octorara Road and Quaker Road. The rake attachment of the John Deere Tractor was restored by replacing old hardware with new and re-securing teeth. Rust was then removed and it was painted. The grader blade attachment also had rust removed and was painted. The goal of the Public Works is to have all winter vehicles and equipment completely prepared for any winter weather event by October 31 st. All emergency equipment, such as generators, chainsaws, and barricades, are being inspected to ensure all is in good working condition and ready for a true emergency. The Public Works Department met with Tommy Scott of Highland Township, in regards to roadside mowing in Sadsbury Township. Mr. Scott did not give a specific date to start, but indicated it would be in the next few weeks. Road resurfacing improvements have begun on Quarry, Skiles, Quaker, Sadsbury, Old Mill and Frederick and Andrews. The Public Works Department was requested and did spray weeds within the cracks of the road and remove vegetation along Frederick and Andrews; also Quarry Road was back-filled on the road edge after resurfacing created a drop off of the road edge.

Mr. Simmons received a verbal quote by Anderson Truck Repair for repairs to the International Dump Truck in the amount of $900.00. The repairs are 1) rear pinion seal replaced, 2) transfer case cover needs pulled and resealed, 3) front rear needs pulled and resealed, 4) flex pipe on exhaust needs replaced.

Mr. Taylor made a motion, seconded by Mr. Hensel, to approve a verbal quote from Anderson Truck Repair for $900.00 for repairs to the International Dump Truck for 1) rear pinion seal replaced, 2) transfer case cover pulled and resealed, 3) front rear pulled and resealed, 4) replace flex pipe on the exhaust. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Emergency Management Report: Mr. Taylor reported while he is out of service, Parkesburg Borough and West Sadsbury Township will step up and fill any needs that occur. With the help of the Road Crew, the County knows we are covered for any emergency.

Keystone Valley Fire Company Report: Mr. Cazillo reported that for the month of August, 2017, the Keystone Valley Fire Department responded to 11 calls for: fire 4, rescue/medical assist 5, and good intent 2. The response by municipality is as follows:
Sadsbury Township 0, West Sadsbury Township 6, Highland Township 2, Parkesburg Borough 3, and out of district 0. The average response per call was 9 with a total of 99 personnel for combined response hours 274.56 hours. The average response time, dispatch to on scene was 7.0 minutes. There were 2 in house trainings, with 23 members attending for 69 hours combined training hours. The fire units traveled 1,753 miles using 231.3 gallons of fuel. The ambulance(s) traveled 3,370 miles and used 435.7 gallons of fuel. The total miles traveled was 5,123 with the total fuel used being 667.0 gallons. The total maintenance and repairs totaled $11,614.31. The Keystone Valley Fire Department EMS Division answered a total of 89 calls for:
treated/transported Bls 30, treated/transported ALS 35, no service required 19, patient refusal 4, recalled on route 1 , recalled on scene 3, lift assist/public assist 1, and dead on arrival 1. The municipal break-down is as follows: Parkesburg Borough 21, Sadsbury Township 29, West Sadsbury Township 19, Highland Township 5, and out of district 15.

Sadsburyville Fire Company Report: Galen Conover reported that for the month of August, the Sadsburyville Fire Company responded to 8 calls for: 2 auto accidents, 2 AFA, 2 cardiac arrests, 1 smoke investigation, and 1 fire police. There were 53 volunteer firefighters responding for an average of 7 firefighters per call. There were 23 miles traveled with an average of 3 miles per call. The pump miles were 11. The time in service was 2 hours and 30 minutes with an average time in service of 19 minutes per call. Responses per municipality: Sadsbury Township North 5, Sadsbury Township South 0, Valley Township 1, West Caln Township 1, and West Sadsbury Township 1. The combined firefighter training hours was 74 and there was 138 combined personnel fundraising hours. The Training topics for August are SCBA-Scott & MSA, Basic First Aid and CPR refreshers, scene size-up. Firefighter training is Basic first aid, CPR, SCBA, Engine Company arrival and scene size up.

Sadsbury Township Park Committee Report: Mr. Jessey reported the Park Committee met on August 28, 2017 at 7:00 p.m. Preparation for the Tricentennial were summarized. Police Chief Ranck and Keystone Fire Department Chief Stackhouse pledged the support of their departments. Chief Stackhouse will make their foldaway tables and chairs available and delivered to Gateway Church. Mr. Walters will acquire a PYLE Pro PA system for use at the event, and for additional events thereafter. Mr. Jessey put out the banners and Mr. Matt Hensel reported Fastenal provided marking paint and traffic cones. Ms. Jessey reported that to date, sponsors have contributed $6,300 and vendors account for an additional $490.00. T-shirts have been ordered for the volunteers. Mrs. Jessey suggested that hard copies of the photographs entered in the photography competition be displayed in the main room of the Municipal Building on September 5, so that supervisors and Park Committee members can pick out a shortlist of 6. The meeting was adjourned at 8:15 p.m.

Mr. Clark Faggioli, a Veteran from Compass Road came before the Board with reminder that Veterans Day is November 11 th . There will be an event at the National Guard Armory, 150 Waverly Boulevard, in Sadsbury Township, sponsored by the Oxford Masonic Lodge 353 and the American Legion Post 134 raising money to purchase a track chair for a disabled veteran. He would like to know if Keystone Fire Company has a ladder truck that would be available to have a flag draped from it. He would like to raise $50,000 for chairs. Each chair costs $16,000. 100% of the money raised will go to the purchase of the chairs. He would like to work with the local police on traffic control. Everyone involved is working hard and he would appreciate any support. Simon Jessey asked Mr. Faggioli if he would like to have a table at the Tricentennial to promote this event. Mr. Taylor stated it sounds like a good idea. Since he is now in a wheelchair, he knows what it’s all about. Mr. Taylor stated, thank you sir, and we will help in any way we can.

Township Engineer Report: Mr. MacCombie reported the counties in Southeastern Pennsylvania are required to give an MS4 TMDL plan and set up a program for the next four years. Based on the determination of DEP, they request advertisement for a comment period. Sadsbury Township is responsible for zero dollars as developers and builders have controlled the sediment from farms. The Township is required to apply for a permit for 2018-2023. The Township is running on the 2003 permit now. The cost to submit the plan to DEP for review is $2,500.

Mr. Hensel made a motion, seconded by Mr. Taylor to authorize issuance of a check in the amount of $2,500 for the review fee to PADEP. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Taylor stated the Public Works are keeping him informed on the Paving Contract.

Mr. MacCombie reported he has a Certificate of Completion Letter of Credit reduction for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $121,191.67 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve a Certificate of Completion, Letter of Credit reduction for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $121,191.67 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, L.P. for Sadsbury Park Phase 4A, in the amount of $13,871.20 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve an Engineering Escrow release of funds for Sadsbury Arcadia Associates, L.P. for Sadsbury Park Phase 4A in the amount of $13,871.20 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 Completion Letter of Credit reduction for Aerzen USA Corporation for the Aerzen USA Expansion in the amount of $340,782.17 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve a Certificate of Completion Letter of Credit reduction for Aerzen, USA Corporation for the Aerzen USA Expansion in the amount of $340,782.17 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 USA Expansion in the amount of $385.63 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 the Aerzen USA Expansion in the amount of $385.63 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported Quarry Road has been paved by Arcadia Land Company.

On the Township resurfacing project, all the roads have been scratch coated and paving will be done by the end of the week. Oil and chip sections will start next week. Manholes on Old Wilmington Road will be started and there is a trench on Old Wilmington Road and it is not the sewer lines. The contractor will compact dirt as there is definitely a dip in the road. PAWC is asking for additional easements at Quarry Road and Greenbelt Drive for their water pump. Probably double the size that it is now. Not asking for a decision tonight because documents need to be provided to the Board. If the Board wants, Mr. MacCombie will prepare the documents and present them to the Board.

Mr. Hensel made a motion, seconded by Mr. Taylor, to have Mr. MacCombie prepare the PAWC easement documents. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitor Report: Mr. O’Keefe has an associate of Lamb, McErlane Law Firm report on the Asset Purchase agreement for the sale of the Township sewer system with PAWC. A copy is attached to the minutes.

Mr. Taylor says he is concerned about PAWC going hog wild and putting laterals and pipes all over the Township. Mr. MacCombie stated the Township has a 537 Sewage Facilities Plan. Expansion can only be done by the municipalities. PAWC can only service the Township public sewer service area. To expand the area would require amending the Act 537 Plan.

Mr. MacCombie stated we are still waiting for the developers of Sadsbury Commons to make a resubmission for the Western Sewer District. The Township response was given months ago. Sadsbury Commons is moving on with their project so they need to have the sewage facilities approved. CVS is part of the Western Sewer District.

Mike Klingman asked who approved the evaluation? Mr. MacCombie stated that the Township and Pennsylvania American both had a different independent company do their evaluations.

Vicky Horan asked does the sale cover the Township debt. Mr. MacCombie answered yes, and the money left over goes to the Township. Ms. Horan asked what is the status of the outstanding sewer debt? Mr. Walters stated that most of the delinquent accounts are in lien. Ms. Horan asked if they could eventually go to Sheriff Sale? Mr. Walters answered possibly they could. Mr. Walters estimated the total liens to be around $600,000. Ms. Horan asked does all billing go away? Mr. Hensel replied the Township will be doing billing for the delinquent accounts.

Mr. Walters stated that billing has been prepared but not sent for Lincoln Crest, due to a Judge’s decision after Lincoln Crest took the Township to court.

Mr. MacCombie stated that dedication of the sewer lines in Sadsbury Park will be to the Township until the sale is done. Mr. Hensel stated that if the purchase agreement is agreed on, it will go to the PUC.

Mr. Jessey asked if PAWC was required to regulate with the Township for road opening permits to do repairs. Mr. Walters stated that all easements for sewer will all belong to PAWC. Mr. MacCombie also replied the Township has a very strict grading permit.

Ellen Rice stated the sewer was with PAWC. Mr. MacCombie explained that PAWC was contracted by the Township to bill the sewer along with the water bill. They did not own the system. About 5 years ago, PAWC chose not to continue with the contract, and the Township did the sewer billing. The Township has always owned the sewer system.

Mr. Taylor stated the Township wants to sell because sooner or later the system will be aging and cost the Township a lot on money in repairs. This is a good idea to negotiate the sale of the system and get away from it. Mr. Hensel stated there have been a lot of repairs to the pump station.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve the Asset Purchase Agreement for sale of sewer system with PAWC. 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 authorize Mr. MacCombie’s office to prepare an Act 537 Official Sewage plan revision for submittal to PaDEP to provide for the change of ownership of the sewer system. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. O’Keefe stated that the 180 days have passed for the period of opposition for the property of Larry and David Newswanger to be placed into the Agriculture Security Area. The Chester County Planning Commission requires the Township add the property to the Agriculture Security Area by resolution.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to adopt Resolution 2017-11, adding the property on Octorara Road, owned by Larry and David Newswanger to the Agriculture Security Area. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission Report: The was no August meeting.

Zoning Report: Mr. Lowry reported that 43 inspections were performed and 67 inquiries have been received for the month of August. Three permits were issued in August; three alterations. Preliminary Land Development plans have been submitted to the Township from Sadsbury Commons, the applicant has not submitted revised plans.

The Aerzen USA project is almost complete. Mr. Lowry stated that Jackie Taylor called him concerning a ramp and deck for Earl. No one has gotten in touch with him as of yet. Mr. Taylor stated they are measuring and will be in contact. Mr. Lowry asked the Board to waive the fees for the ramp and deck for Mr. Taylor.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to waive the fees for the deck and ramp for Mr. Taylor. With there being no questions from the public, Mr. Hensel and Mr. Reynolds voting “aye”, the motion passed.

Chester County Airport Update: Mr. Roberts reported the October Fest will be October 7, 2017. Chester County Airport will co-ordinate with Lancaster Airport for a cell tower; which could be ready and up next year. The Federally controlled cell tower could be 15 years in the future.

Payment of Invoices:

Because there was no meeting in August, the July invoices will have to be approved.

Mr. Hensel made a motion, seconded by Mr. Reynolds to pay the July, 2017 General Fund invoices in the amount of $226,288.82. 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 pay the July, 2017 Sanitary Sewer invoices in the amount of $112,042.28. With there being no question from the public, the Board voting, “aye”, the motion passed unanimously.

Mr. Hensel made a motion, seconded by Mr. Taylor, to pay the August, 2017 General Fund invoices in the amount of $152,556.20. 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 pay the August, 2017 Sanitary Sewer invoices in the amount of $50,201.70. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Hensel stated he would like to set a date to begin the budget process. The date of Tuesday, September 26, 2017 at 9 a.m. was agreed upon.

Mr. Jessey displayed entries to the Tricentennial photograph competition and members of the Board of Supervisors and the Parks and Recreation Committee selected a shortlist from all the entries. Mr. Taylor was emailed pictures and he also made a choice.

Eric Carlson came before the Board to discuss authorization of the Ordinance for ranch style homes in the Sadsbury Park Development. Mr. Carlson stated he presented the concept of ranch style homes to the Township Planning Commission, and they seemed to like it. It is required by the MPG that the Township Planning Commission and the Chester County Planning Commission review the ordinance. Mr. O’Keefe stated the Board may have to advertise the ordinance for the next Board of Supervisors meeting.

Simon Jessey stated that he lives in Sadsbury Park and he talked to many residents who are extremely happy with the ranch style homes; along with many Octorara Glen residents.

Mr. Hensel made a motion, seconded by Mr. Taylor, to authorize advertising the ordinance for ranch style homes and direct the Township Planning Commission and the Chester County Planning Commission for review. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Charlene Pluck announced that September 9th is Earl Taylor Day in Parkesburg. There is a Beef & Beer at the Parkesburg VFW from 12pm to 6pm. Tickets can be bought at the door. Every penny raised will be given to Earl.

John Moore asked why there was no Managers report this month. Mr. Walters stated that he is involved with everything that was mentioned and what he had to report on was covered.

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

Respectfully submitted,

Linda Shank
Secretary

Executive Summary
DRAFT ASSET PURCHASE AGREEMENT
Between
TOWNSHIP OF SADSBURY
And
PENNSYLVANIA-AMERICAN WATER COMPANY