Board of Supervisors Regular Meeting, Wednesday, July 5, 2017

A regular meeting of the Board of Supervisors was conducted on Wednesday, July 5, 2017 commencing at 7:00 p.m.  Chairman, Mr. Hensel called the meeting to order.  Present was Supervisor Mr. Taylor, Township Solicitor, Mr. Pompo, Township Engineer, Mr. MacCombie, Zoning/Building Officer, Mr. Lowry, Township Manager, Mr. Walters, and members of the community.  Supervisor, Mr. Schuibbeo was absent.

Mr. Hensel announced the Board met in Executive Session on May 25, 2017 and June 27, 2017 to discuss personnel issues.  They met in Executive Session before tonight’s meeting to discuss real estate matters.

A moment of silence and Pledge of Allegiance was observed.

Mr. Hensel made a motion, seconded by Mr. Taylor, 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.

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.

Mr. Hensel made a motion, seconded by Mr. Taylor, to adjourn the regular meeting to conduct a hearing on the Floodplain Ordinance.  With there being no questions from the public, the Board voting “aye”, the motion passed.

The minutes for the hearing were taken by a court stenographer.

Mr. Hensel made a motion, seconded by Mr. Taylor, to resume the regular business meeting.  With there being no questions form the public, the Board voting “aye”, the motion passed.

Township Police Report:  Chief Ranck reported that the police patrolled 4,385 miles during the month of June and handled 284 incidents for the month of June of which 45 of these incidents were handled by the Pennsylvania State Police during off hours as follows:  911 hang-up 3, property damage crash 7, alarm police 7, animal complaint 4, assault with injuries 1, assist fire department 1, assist to other police department 7, burglary 2, business check 53, criminal mischief/vandalism  5, disturbance 2, domestic disturbance 10, emotional disorder 3, erratic driver 3, escort person or money 1, for police department information 4, house/vacation check 21, officer injured on duty 1, keys locked 1, lost property 1, medical emergency 21, miscellaneous police nature 3, noise complaint 2, Township park check 6, parking violation 1, public service call 1, police report (not in progress) 34, shots heard or shooting (no injuries) 1, subject stop (suspicious person) 1, suspicious condition 5, suspicious person 1, suspicious vehicle 3, theft 1, traffic general hazards 4, trespasser 1, and traffic stops 17.  The June criminal arrests are as follows:  attempted burglar, criminal trespass, criminal conspiracy, aggravated assault, simple assault, recklessly endangering another person, hindering apprehension, resisting arrest, disorderly conduct, public intoxication of controlled substances.  On June 14th, Chief Ranck and Sergeant Imhoff attended a legal and medical implications of mental and physical fitness examinations in law enforcement at the Chester County public safety training center.  On June 5th, 6th, and 7th , Sergeant Imhoff attended a drug diversion and fraudulent prescription training class at the Pennsylvania State Police Academy by the Pennsylvania office of Attorney General bureau of narcotics unit.

Township Public Works Report:  For the month of June the Public Works Department maintained Township owned properties, right -a-ways, buildings, signs, equipment, and our storm drain system.  Vegetation and woody debris were removed from sections of road right-a-way on Helen Street, Newport Avenue, and Friendship Way.  Extensive cutting and chipping took place on Octorara Road.  All road signs were checked for visibility and if needed, cleared of vegetation.  On June 20th, a very large tree natural fell across Middle Street closing the road down to all traffic.  No wires were involved or damage reported.  The Public Works Department responded within an hour of the alert and had the tree removed and road reopened shortly thereafter.  Pot holes were permanently filled with a hot patch material on the following roads:  Quarry Road, Greenbelt Drive, Reel Street, and Ramsey Alley.  Pot holes were temporarily filled with 2A modified material on Skiles Road and Old Mill (one way area) the reason these areas were only temporarily repaired is because these roads are being considered for resurfacing improvements to take place later this year.  At the main Township Building, all trees were pruned of dead vegetation.  Holes from diseased trees that had been removed in April were filled in with top soil, covered with straw and seeded.  A storm drain located at Morris Lane and Lincoln Highway that was caving in and unsafe was repaired and made safe again.  The center islands or medians received their first grass cutting by the Department.  The equipment hours were 31.4 and the vehicle miles were 210.4.

Mr. Taylor stated an e-mail was received thanking Dave Simmons and Todd Bowers for rescuing a little dog in the pouring rain and returning her to her family.  Without their efforts, the owner is sure she would not have survived or made it home.  She is 10 years old and a big part of their family.  Mr. Taylor also stated a racoon was also rescued by them in a storm drain in Quarry Ridge.

Mr. Taylor brought up a topic that was tabled last month concerning the Township paying for the CDL license for Todd Bowers in the amount of $110.00, which is for a four- year period.  Mr. Taylor said the CDL is a requirement for his job.   Mr. Pompo stated that is not covered by the Collective Bargaining Agreement; and it is not wise to give something that is not in the contract.

Anthony Clark stated that if the Commonwealth says you need training, the Township pays for training.  Stand on principal and treat your employees like human beings, and pay for what they need for their job.

Curt Martinez asked if this was paid in the past, and Mr. Hensel stated that no it was not.

Mr. Walters stated he has looked for past reimbursements, but could not find anything; he will continue to look.  Todd Bowers stated the Township paid for Dave Simmons renewal.  Mr. Walters will continue to look.

Kim Gathercole stated the Township should be taking care of its employees.

Emergency Management Report:  Mr. Taylor reported he has completed IS-00547.a, Introduction to Continuity of Operations, and IS0021.17, Civil Rights and FEMA Disaster Assistance.  Mr. Taylor would like to have the Public Works Department enrolled in the FEMA Emergency Management Institute; they will need to register to get their student ID to take these couple of classes online at their leisure.  The classes that would be advantageous to our Public Works, with this knowledge we can be suited for just about anything that could arise just possessing the knowledge that FEMA has already enhanced our crew with.  The classes are:  IS-552, The Public Works Role in Emergency Management, IS-554, Emergency Planning for Public Works, IS-556, Damage Assessment for Public Works, and IS-558, Public Works and Disaster Recovery.

Mr. Taylor stated he is has to take a three- day class that is required by the County for Emergency Services.  This would require him to take 3 days off at work and he is asking the Township to reimburse his wages for the 3 days.

Keystone Valley Fire Company Report:  Mr. Cazillo reported that for the month of June, 2017, the Keystone Valley Fire Department responded to 15 calls for: fire 5, rescue/medical assist 5, and good intent 5.  The response by municipality is as follows:  Sadsbury Township 1, West Sadsbury Township 7, Highland Township 0, Parkesburg Borough 4, and out of district 3.  The average response per call was 7 with a total of 97 personnel for combined response hours of 26.25 hours.  The average response time dispatch to on-scene was 8.48.  There were 3 in-house trainings with 14 members attending for 36 hours combined training hours.  The fire units traveled 1,682 miles and used 206.3 gallons of fuel.  Ambulance(s) traveled 2,539 miles and used 314.2 gallons of fuel.  There was 22 hours of maintenance on all apparatus.  The total maintenance cost was $4,651.37.  The Keystone Valley Fire Department EMS Division answered a total of 102 calls for the month of June for:  treated/transported 46, treated/transported ALS 18, no service required 12, patient refusal 16, recall on route 3, recalled on scene 3, lift assist/public assist 3, and dead at scene 1.  The municipal break-down is as follows:  Parkesburg, Borough 35, Sadsbury Township 33, West Sadsbury Township 24, Highland Township 2, Atglen Borough 1, West Caln Township 1, Christiana Borough 1, East Fallowfield Township 2, Salisbury Township Lancaster County 1, West Fallowfield Township 1, and Valley Township 1.

Sadsburyville Fire Company Report:  Dave Reynolds reported that for the month of June, the Sadsburyville Fire Company responded to 16 calls for:  6 house, 1 fire police, 2 auto accidents, 1 AFA, 1 drug overdose, 1 BBQ grill, 3 commercial structure, and 1 pedestrian struck.  There were 125 volunteer firefighters responding with an average of 7.8 firefighters per call.  There were 71 miles traveled, with an average of 5.1 miles per call.  The pump miles were 44.  Time in service was 3 hours and 38 minutes, with an average of time in service of 12 minutes per call.  In District ( Sadsbury North) average response time 5.8 minutes.  Sadsbury South had 0 responses.  The response per municipality is as follows:  Sadsbury Township North 4, Sadsbury Township South 0, Valley Township 3, Parkesburg Borough 1, East Fallowfield Township 1, Honey Brook 1, Coatesville 4, and West Caln Township 2.

Sadsbury Township Park Committee Report:  Mr. Jessey reported the Park Committee met on June 26, 2017 at 7:00 p.m., and discussed the Tricentennial.  Ms. Jessey reported that to date, sponsors have contributed $2,650 with another $1,000 pending.  There is a lack of interest from potential food venders, and the committee will offer incentives.  AmKor Karate and Russell Dance & Baton Studio have agreed to perform for the Tricentennial, and Hougar Farms will donate straw bales again this year.  Mr. Walters will make sure there is a PA system, and stated that putting on a fireworks display would be difficult due to the proximity of the airport.  The Committee voted to abandon the idea of having fireworks. The Committee discussed what appears to be a significant drug problem around Bert Reel Park, and would recommend to the Supervisors install gates at both the main and north accesses to the park.  The idea of a “trunk or treat” event at Halloween was discussed.

Township Engineer Report:  Mr. MacCombie reported he has a Letter of Credit Account Reduction Certificate of Completion for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $147,090,43 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve a Letter of Credit Account Reduction Certificate of Completion for Sadsbury Arcadia Associates, LP for Sadsbury Park Phase 4A in the amount of $147,090.43 per Mr. MacCombie’s recommendation.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. MacCombie stated he has an Engineering Escrow release of funds for Sadsbury Arcadia Associates L.P. for Sadsbury Park 4A in the amount of $7,112.50 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve a release of an Engineering Escrow release of funds for Sadsbury Arcadia Associates L.P. for Sadsbury Park 4A in the amount of $7,112.50 per Mr. MacCombie’s recommendation.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. MacCombie stated he has an Engineering Escrow release of funds for Aerzen USA Expansion, 108 Independence Way, in the amount of $1,251.87 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 Expansion, 108 Independence Way, in the amount of $1,251.87 per Mr. MacCombie’s recommendation.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. MacCombie stated he has an Engineering Escrow release of funds for Pennsylvania CVS Pharmacy, LLC, CVS Pharmacy Store #10399 in the amount of $136.25 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve an Engineer Escrow release of funds for Pennsylvania CVS Pharmacy, LLC, CVS Pharmacy Store #10399 in the amount of $136.25 per Mr. MacCombie’s recommendation.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. MacCombie reported that he has contacted PennDOT concerning the bid for the Resurfacing Project.  There was only one bidder to combine oil and chip and paving for the project.  It was verified with PennDOT that the one bid was okay, and it will be assigned a Project Number which will make it eligible for Liquid Fuels.

Mr. Hensel made a motion, seconded by Mr. Taylor to accept the bid from DeRocco Brothers for the 2017 Resurfacing Project in the amount of $214,740.10.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. MacCombie stated he also received a price to fix the manholes on Old Wilmington Road from DeRocco Brothers for $16,400.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve the cost of $16,400 from DeRocco Brothers to fix the manholes on Old Wilmington Road.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated that Merlino Contractors is requesting a total payment of $63,886.02 for the Sadsbury Village Enhancement Project.  They say they are no longer responsible for the damages done to the sidewalk or the sign damage.  The amount of $63,886.02 has been certified by PennDOT, and they will not support the Township if they do not pay the total amount.  PennDOT considers the project complete.

Mr. Taylor said on his walks around the Township, he picks up the yellow reflectors.

Mr. Hensel made a motion, seconded by Mr. Taylor, to pay Merlino Construction the amount of $58,242.80 for the Sadsbury Village Enhancement Project, holding back $5,644 for work still to be done.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Township Solicitor Report:  Mr. Pompo reported that Pennsylvania American wants an extension of the exclusivity period until the next Board of Supervisors meeting.  This should be the last extension.

Mr. Hensel made a motion, seconded by Mr. Taylor, to extend the exclusivity period with Pennsylvania American until the next Board of Supervisors meeting on August 1, 2017.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. Pompo said the Board should make a motion to adopt the Floodplain Ordinance.

Mr. Hensel made a motion, seconded by Mr. Taylor, to adopt Ordinance 2017-02 The Floodplain Ordinance, an ordinance repealing and amending provisions of the Sadsbury Township Zoning Ordinance and Subdivision and Land Development Ordinance, setting forth certain minimum requirements for new construction and developments within areas of the Township which are subject to flooding; and establishing penalties for persons who fail or refuse to comply with the requirements of this ordinance.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Township Planning Commission Report:  Mr. Walters reported that the Sadsbury Township Planning Commission met on Wednesday, June 14, 2017 at 7:00 p.m.  Mr. Lowry presented the Planning Commission with a request from Larry, David, and Daniel Newswanger to place 52.7 acres of land on Octorara Road into Agriculture Security.  A motion was made and seconded to recommend the Board of Supervisors approve to add the 52.7 acres into Agriculture Security.  The review of the Floodplain Ordinance was discussed and a motion was made and seconded to recommend the Board of Supervisors adopt the Floodplain Ordinance with conditions of review by the consultants.  Mr. Lowry discussed the opening of Old Wilmington Road at Bellaire, the acquisition of property for the Township, and zoning changes from RR to R-1 for lots in the western area of the Township where many of the lots are non-conforming under the current RR zoning.  The meeting was then adjourned.

Township Zoning Report:  Mr. Lowry reported that he has had a number of swimming pool violations in the Township.  The state law requires all pools over 24 inches deep to be permitted and enclosed with a 4-foot fence.  The Township Zoning Ordinance requires a setback of 25 feet from side and real yards.  Mr. Lowry has received a quote for video surveillance at the Bert Reel Park consisting of 9 cameras; 3 at the entrance, 3 at the snack shack, and 3 on poles for $7,500.  The Public Works would put in the electric conduit.  Jackie Taylor wanted to know if the cameras were visible.  Stephanie Silvernail stated that for that cost, you should get a second price.  Tom Greenfield stated that with 3 Supervisors and a Township Manager, why is Tom Lowry getting prices for cameras at the park.  Mr. Walters stated he could do it, but he was not directed to do it.  Tom Greenfield also asked who told Tom Lowry to secure land from Belaire; he asked Earl Taylor if he did, and Earl replied “no”.  Tom Greenfield stated that he wonders if this is a violation of the Sunshine Law.  Chief Ranck stated that cameras at the Park are a good thing.  Kim Gathercole said to have the Township Manager get the prices for the cameras.  Earl Taylor said we can’t go with just one bid, get more pricing and do the right thing; with things going on in the Park, drug problems, workers getting stuck by needles, we need to do it the right way.  Mr. Walters will get pricing from security companies and see what is out there.  Mr. Pompo stated that with the fee involved it does not have to go to bid.

Chester County Airport Update:   No Report.

Township Manager Report:  Mr. Walters reported that he has met with the Township Webmaster and Simon Jessey and changes have been made to make the website more user friendly and easier to find things.  This is a work in progress, as we are continuing to make changes.  Mr. Walters is working on prices for fencing and gates for Bert Reel Park.  He has been at the park 15 times at all hours at different times.  He is working to make the signs more prominent in an effort to make the park a safe place for everyone.  Some meetings Mr. Walters has attended are the Planning Commission, Zoning, Parks and Rec, and a PSATS meeting.

Payment of Invoices:

Mr. Hensel made a motion, seconded by Mr. Taylor, to pay the June 2017 General Fund invoices in the amount of $154,589.33.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Mr. Hensel made a motion, seconded by Mr. Taylor, to pay the June 2017 Sanitary Sewer invoices in the amount of $274,968.83.  With there being no questions from the public, the Board voting “aye”, the motion passed.

New Business

Jason Duckworth, President of Arcadia Land Company, came before the Board to introduce a proposal for ranch style housing within Sadsbury Park.  Mr. Duckworth stated Sadsbury Park was a long time in the making, ground was finally broke in 2010.  Now they are in a Phase 4A of the Development and have an opportunity to have a better sale rate by replacing townhomes with ranch style homes.  This style of homes have a garage in front, so it will eliminate the alley. The density of the project would drop by more than 50 homes.  Mr. Taylor asked about parking on the street and Mr. Duckworh feels he can provide sufficient guest parking in the driveway.  John Lymberis asked how would existing residents feel about this change.  Mr. Duckworth stated they reached out to the Homeowners Association and got positive feedback.  Simon Jessey, who lives in Sadsbury Park, stated the residents like this concept because the lower height makes better view of Octorara Glen and vice versa.  Mr. Jessey stated that no one that he has talked to has anything negative to say about the ranch style homes.  Firefighters prefer a 1 story house rather than a 2 story house.  Mr. Pompo stated the Conditional Use has a clause that the design or layout can change with an agreement with the Board of Supervisors and the Developer.  This can be done without Conditional Use and go directly to Land Development.  Mr. Duckworth stated they would have to amend the TND Ordinance.  Anthony Clark asked how do you get to the houses if you eliminate the alley?  Mr. Duckworth stated the road will be constructed with parking on one side.

Mr. Hensel made a motion, seconded by Mr. Taylor, to send Mr. Duckworth with the proposal of ranch homes to the Planning Commission.  With there being no questions from the public, the Board voting “aye”, the motion passed.

Joe Russella from D.L. Howell, has come to present a sketch plan for the Land Development of lot 7B in Morris Farm, and discuss a connecting driveway between Lot 7B and John Rock Pallet in West Caln Township.  Mr. Russella stated that Lot 7B and John Rock in West Caln Township will be a point of ingress and regress.  In winter or early spring, they would like to have a driveway between the two sights.  With a 50 foot buffer, it would facilitate an internal driveway keeping traffic off the road would make every-day activities better the whole way around.  The road would have a minimum width of 24 ft.  Mr. Taylor asked if fire apparatus could get in if necessary?  Mr. Russella stated the driveway will be gated but will provide a knox box.  Mr. Russella stated he wanted to present the plan tonight to see if there are any problems.  The next step will be to the Zoning Hearing Board.

Public Comment:

Mr. Taylor stated that he always thanks the fire departments, the police, and the Road Department, but he would like to thank the Secretary, Linda Shank for everything she does.

Tony Clark asked if the meetings dates are on the website?  The answer is yes.

Simon Jessey stated there is a broken terracotta pipe on Old Wilmington Road.  Todd Bowers, from the Public Works Department stated that it belongs to PennDot.  Mr. Jesse also stated there is an increase in dirt bikes.

Elmer Pluck stated that as a taxpayer, he thinks it should be on the ballot to pay for the CDL license for the Public Works Department.

Ellen Rice stated the produce stand in Pomeroy just wanted to make some money and you ran him out of town.  Mr. Lowry stated that our Ordinance states that 10% of produce must be grown on site and a portable stand must be removed at the end of the season.  The permits are for 6 months out of the year.  Mr. Smoker placed a large sign in the island at Route 372, plus a sign at the stand, with no permit.  Mr. Lowry stated he attempted to work with Mr. Smoker, but he ignored me and on June 1st. opened his stand without paying for his permit.  Mr. Smoker did not have a signed lease with the owner, Mr. Weaver.  When Mr. Smoker did pay his permit fee, his check bounced.  He voluntarily moved out of the Township.

Ellen Rice stated that the residents did not need to know about the check, that is embarrassing to tell in a public meeting.

Stephanie Silvernail said you didn’t have to embarrass Mr. Smoker in a public meeting, it was not something that should be said about his personal business; haven’t you embarrassed him enough?  You set Mr. Smoker up for failure, you should have showed him the proper procedure by sending him to the Zoning Hearing Board.

Brian Gathercole wants to know how is anyone supposed to know what they are supposed to do.  The ordinances are not on the web-site.

Stephanie Silvernail stated the produce stand is already on farm property.  The Ordinance is so you can’t set up a produce stand in your yard.

Mr. Smoker stated that from the very get go, he never felt Mr. Lowry tried to help him out.  He wanted $500.00 for a grading permit.  Mr. Smoker says he is not paying for a grading permit fee.  He stated that Mr. Lowry calls him to question everything he did.  Thanks everyone for your support.

Mr. Weaver stated Mr. Smoker is not in this for financial gain, but a service to the Township.  He thanks Mr. Smoker, his wife and children for having a nice stand.  Maybe some mistakes were made and maybe the Ordinance is a little out of date and may need to be changed.  Do we really have to go through the expense of a Zoning Hearing?  I appreciate Tom allowing the produce stand to run for the last 2 years.

Mr. Hensel asked Mr. Pompo, legally what would Mr. Weaver have to do?

Mr. Pompo stated there are larger issues here than growing produce on the land.  According to the Farm Act, 50% of produce has to be produced on the property. He asked Mr. Smoker if he is growing anything himself.  Mr. Smoker replied he grows a lot in Hyland Township, including corn.  Mr. Pompo stated the local codes have to be enforced concerning the building.  The UCC rule applies. Mr. Smoker stated he pays $100.00 for a six-month zoning permit.  John Lymeris suggested that Mr. Smoker pay for 6 months, then pay another 6 months, and not have to take the building down.

Mr. Taylor asked about electricity for emergency uses, such as charging a phone.

Dave Reynolds said should have a street address for emergencies.

Kim Gathercole asked if there have been any complaints against the produce stand?

Mr. Taylor answered no, there has not.

Dave Reynolds stated that if he wants to open up this stand, he has to comply with the rules.

Charlene Pluck stated she will pay for the electric permit out of her own pocket to get him to open back up.

Mr. Pomp stated he is willing to stand behind Mr. Lowry’s interpretation of a permit issued for the produce stand every 6 months.  The Board could adopt a Farm Stand Resolution and even set a lower price at the next meeting.  The Supervisors agreed to do this at the next meeting.

A resident asked about a letter that went out from the County during the May Primary concerning the Republican Party.  Mr. Pompo stated you can do whatever you want in politics.  You can put out a mailing.

Jackie Taylor asked about the classes that Earl Taylor has to take for Emergency Services, which he will lose three work days.  Mr. Pompo will look into the Board of Auditors to see if they could set a pay rate for something like this.

Charlene Pluck asked if there has been any resolution with Keystone Fire Department.  Mr. Hensel stated that Mr. Schuibbeo is working with Mr. Walters in discussions with Ed Hauss and Mr. Stackhouse to try to come to some agreement.

Stephanie Silvernail asked where is Mr. Schuibbeo?  He was absent at the meeting last month and left the meeting tonight.  How many meetiings has he missed?

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

Respectfully submitted,

Linda Shank
Secretary