Minutes Supervisors

Board of Supervisors Regular Meeting, Wednesday, November 8, 2017

A regular meeting of the Board of Supervisors was conducted on Wednesday, November 8, 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 Mr. Reynolds.  Also present was Township Solicitor, Mr. O’Keefe, Township Engineer, Mr. MacCombie, Township Building/Zoning Officer, Mr. Lowry, and members of the community.

Mr. Hensel announced the Board met in Executive Session on November 8, 2017 before the meeting to discuss litigation.

A moment of silence and Pledge of Allegiance was observed.

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

Mr. Hensel made a motion, seconded by Mr. Reynolds, to adopt 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. Reynolds, to close the regular meeting for a hearing for the proposed Cottage Style Single Family Ordinance.

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

The hearing minutes were prepared by a Court Stenographer.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to adopt Ordinance 2017-3, an ordinance amending the Township Zoning Ordinance of 2010 to amend the traditional neighborhood overlay district to establish standards for cottage style single-family dwellings and amending an appendix of Chapter 109 to provide design guidelines for cottage style single family detached dwellings in traditional neighborhoods.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Taylor stated he was offended that he was left out of the Executive Session.  Mr. OKeefe stated that with other people in Mr. Taylor’s room, it would be difficult to include him in the Executive Session.  Mr. Reynolds will drive to Mr. Taylor and sit with him in the next Executive Session, so he is included.

Michael Gill came before the Board with proposed changes to the site design of Sadsbury Commons.  The Conditional Use Plan approved a square foot total of 44,624 feet.  The second plan in April showed 45,267 square feet and in response of the 1st round of consultant’s comments, the square footage was changed to 44,127, which is less than the Conditional Use Plan.  The layout of the development has changed.  Mr. MacCombie stated that in the Conditional Use, the agreement was that once a certain square footage was done, the Town Center would be developed.  Mr. Gill stated that in Phase 2, the layout at the loop area is 50,854 square feet.  This differs from the Conditional Use Plan.  They can come back to the Board without opening the Conditional Use.   Kent Silver said they are trying to change as to what the tenants would request.  There are no leases signed as of yet, but tenants would want to see their building space.  Linn Hanaway stated that he has property near the Sadsbury Commons site.  He feels it would be better to have a traffic light where the entrances are because he is concerned about traffic flow.  Mr. Gill stated the traffic patterns will be discussed at the Planning Commission.  Mr. MacCombie stated that Linn Hanaway’s house is exactly opposite of the intersection.  There was talk about Compass Road to align up with the intersection; but to do this would require the Hanaway building be removed.  PennDOT has propose an alternate way to make Compass Road safer.   Mr. MacCombie stated that PennDOT is aware of the situation on Compass Road and the difficulty of getting out.  Mr. Hanaway feels that if the traffic gets worse, they will need a red light.  Mr. MacCombie stated that Mr. Hanaway can reach out to PennDOT.  A light on this road is a PennDOT issue, not the Township.  Mr. Gill stated that this will be discussed at the Planning Commission meeting, he is here to show the Board this layout relative to what was shown in April and what was shown at the Conditional Use Hearing.  Anthony Clark stated the layout is called minimum codes.  Mr. Gill stated the plan will be reviewed by Emergency personnel.  Mr. Reynolds said that as long as there are no Jersey barriers, there will be room for emergency vehicles.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve the modifications to the site plan for Sadsbury Commons and have them go back to the Planning Commission.  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 3,641 miles during the month of October and handled 234 incidents during the month of October of which 37 of these incidents were handled by the Pennsylvania State Police during Township police off duty hours as follows:  911 hang-up 1, hit and run crash 1, accident motorcycle 2, property damage crash 4, alarm fire 3, alarm police 6, animal complaint 5, assist from other police department 1, assist to other police department 6, bad checks 2, business check 53, criminal mischief/vandalism 1, depositing waste and/or littering 1, disabled vehicle 1, disturbance 1, domestic disturbance 5, emotional disorder 1, erratic driver 2, extra patrol request 2, for police department information 3, fraud (actual or attempted) 1, house/vacation check 16, keys locked (vehicle, house, etc.) 3, lost property 1, medical emergency 14, Township Park check 4, repossession 2, police report (not in progress) 18, shots heard or shooting (no injuries) 1, suspicious condition 4, suspicious person 1, theft 2, traffic general hazards 3, trespasser 2, traffic stop 5, residential vacation check 1, wanted person 1, and well-being check 2.  There were 2 criminal arrests in October including several active criminal investigations currently being investigated by police with no formal charges filed as of yet.  Chief Ranck reported there were 4 officers on patrol throughout the Township this year for trick or treat.  This increase in police presence had a positive effect to the public.  Mr. Taylor asked the Chief if the Bert Reel Park has been quiet.  The Chief said it has been quiet.

Township Public Works Report:  Mr. Taylor stated there is no report this month.  Dave Simmons is on vacation.  The line painting on Township roads will begin tomorrow on all paved roads and all the vehicles have been worked on.

Emergency Management Report:  Mr. Taylor reported the Public Works Department is getting radios from the County Program to help each other out and will communicate with other Public Works Departments.

Keystone Valley Fire Department Report: Mr. Cazillo reported that for the month of October,2017 The Keystone Valley Fire Department responded to 18 calls for:  fire 3, rescue/medical assist 6, and good intent 2.  The response by municipality is as follows:  Sadsbury Township 1, West Sadsbury Township 8, Highland Township 1, Parkesburg Borough 7, and out of district 1.  The average response by personnel per call was 10, with a total of 63 personnel for combined response hours of 63.41.  The average response time dispatched to on scene was 7.42 minutes.  The fire units travelled 1,713 miles and used 196.8 gallons of fuel.  The ambulance(s) traveled 2,925 miles and used 320.4 gallons of fuel.  The total miles traveled was 4,638 and the total fuel used was 517.2 gallons.  The Keystone Valley EMS Division answered a total of 81 calls for:  treated/transported BLS 25, treated/transported ALS 28, no service required 14, patient refusal 7, recalled enroute 1, recalled prior to response 1, Lift-assist Public assist 2, dead on arrival 1, unfounded 1, and treated and transferred care 1. The municipal breakdown is as follows:  Parkesburg Borough 30, Sadsbury Township 19, West Sadsbury Township 15, Highland Township 6, and Out of District 11.

Zachary Fronk asked when the contract with Sadsbury Township ends.  Mr. Cazillo said the Township had a meeting with the Fire District Monday night and they are looking for a resolution.

Sadsburyville Fire Company Report:  Mr. Conover reported that for the month of October, 2017, The Sadsburyville Fire Company responded to 12 calls for:  CO Alarm 1, House 3, auto accidents 4, assist EMS 2, and automatic fire alarms 2.  The number of volunteer firefighters responding was 89, with an average of 7.4 firefighters responding per call.  The miles traveled was 40 with an average of 3.33 miles per call.  The time in service was 3 hours and 7 minutes with an average time in service of 15.5 minutes per call.  In District (Sadsbury North) the average response time dispatched to on-scene was 7.2 minutes.  The response per municipality is as follows:  Sadsbury Township North 8, Sadsbury Township South 0, Valley Township 1, and Coatesville City 3.

Sadsbury Township Park Committee Report:  Mr. Jessey reported the Sadsbury Township Park Committed met on October 23, 2017.  Mr. Jessey reported all the sponsor T-shirts of the Tricentennial have been mailed out, and the winning entry of the Tricentennial Photography Competition was hung in the Township Building.  Mr. Matt Hensel reported the Snack Shack at Bert Reel Park has been cleaned out and closed up, and all the Tricentennial signs have been removed.  In new business, discussed were repairs needed to be done at Bert Reel Park, such as the water fountain by the pavilion, and the pavilion’s power outlets.  A meeting will be arranged with the Public Works Department to go over some of the details.  A Municipal Directory was discussed, as was a walking trail, improvements to Bert Reel Park, arranging more community events, and ways to enhance Community Day for 2018.  The meeting was adjourned at 8:14 P.M.

Township Engineer Report:  Mr. MacCombie stated he has a certificate of account  Letter of credit reduction for Sadsbury Arcadia Associates, LP, for Sadsbury Park Phase 4A in the amount of $38,135.24 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve a certificate of account Letter of Credit reduction for Sadsbury Arcadia Associates, LP, for Sadsbury Park Phase 4A in the amount of $38,135.24 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 LP for Sadsbury Park Phase 4A in the amount of $1,644.99 for the Board’s approval.

Mr. Hensel made a motion, seconded by Mr. Reynolds to approve an Engineering Escrow release for Sadsbury Arcadia Associates LP for Sadsbury Park Phase 4A in the amount of $1,644.99 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 a Construction release to DiRocco Brothers for the 2017 Resurfacing & Street Improvements for Sadsbury Township in the amount of $18,589.20 for the Boards approval.

Mr. Hensel made a motion, seconded by Mr. Taylor to approve a Construction release to DiRocco Brothers for the 2017 Resurfacing & Street Improvements for Sadsbury Township in the amount of $18,589.20 per Mr. MacCombie’s recommendation.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated this will cover the cost of the trench on Old Wilmington Road, the man hole covers on Old Wilmington Road, and Stove Pipe Hill to take care of Mrs. Sellers.

Mr. MacCombie stated there was an inspection scheduled for the Village Enhancement Project, they found there was no sign to inspect.  He was told they will give a $500 credit for the sign.  Marino Corporation is agreeing to give a $700.00 credit for the sign.  They are agreeing to accept $4,944.00 and close out the project.

Mr. Hensel made a motion, seconded by Mr. Taylor, to approve a final payment to Marino Corporation in the amount of $4,944.00 with a credit of $700.00 applied for the missing Sadsbury Township sign.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he received a report from PSC Consulting Engineers who performed an interim inspection on the Octorara Road Bridge over the Buck Run.  At the far abutment, the top of the concrete end diaphragm (backwall) has spalled leaving the end of the steel grid deck exposed up to 2” high.  Since this condition presents a hazard to vehicle tires and could result in damage to the steel grid deck from snow plows, they are issuing a Priority 1 repair recommendation to fix the concrete end diaphragms.  Mr. MacCombie has a quote from DiRocco Brothers to lower bridge concrete abutment 6” on both sides’ install 6”x6” bridge edging’ install 4” 25MM base course 47” off bridge deck; install 2” 9.5 MM wearing course.  Road to be closed for about 2 days, at a cost of $18,750.00.  Mr. Taylor stated he thinks this is a priority and a safety issue.  Mr. MacCombie stated this is just a fix to put the Township on notice to bring the bridge up to safety standards.  It won’t affect weight restrictions.

Mr. Hensel made a motion, seconded by Mr. Taylor to accept the quote from DiRocco Brothers to do the bridge work on Octorara Road bridge over the Buck Run in the amount of $18,750.00.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitor Report:  Mr. O’Keefe stated that Act 42 authorizes the placement of ten Category 4 casinos within the Commonwealth.  A Category 4 casino is a “mini-casino” with not less than 300 or more than 750 slot machines and table games.  Act 42 also grants municipalities the authority to prohibit the location of a Category 4 casino within the boundaries of the municipality.  To do so, the governing body of a municipality must pass a resolution indicating its desire to prohibit Category 4 casinos within the municipality.  This resolution needs to be passed and delivered to the PA Gaming Control Board no later than December 31, 2017.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to approve Resolution 2017-13, a resolution prohibiting the location of a Category 4 licensed casino within Sadsbury Township.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Reynolds stated the contract with Keystone Valley Fire Department expires November 17th at midnight.  A resolution needs to be established to replace resolution 2013-07 providing emergency and rescue services and ambulance coverage.  Christine Moore stated she attended a meeting at Keystone and they will provide the Township an estimate of ambulance service.  Mr. Reynolds stated the Township is still working with Keystone and this resolution is not written in stone and can be changed when an ambulance service is provided.  Charlene Pluck asked why can’t Keystone Valley cover until another ambulance service is contracted.  Mr. Reynolds replied that until we get a contract in place, the closest ambulance will be the chosen ambulance.  Mr. Taylor stated the resolution took the Emergency Coordinator out of the equation.

Mr. Reynolds made a motion, seconded by Mr. Hensel, to adopt Resolution 2017-14, a resolution replacing Resolution 2013-07 by establishing one Emergency provider for emergency and rescue services, and multiple providers for ambulance coverage.  With there being no more questions from the public and with Mr. Reynolds and Mr. Hensel voting “aye” and Mr. Taylor voting “nay”, the motion passed.

Mr. Cazillo stated that Keystone Valley has broken down all calls for Sadsbury Township only and removed all others.  Keystone Valley will give a formalized proposal for ambulance service soon.

Township Planning Commission Report:  The Planning Commission met on Wednesday, October 11, 2017 at 7:00 p.m.  The September meeting minutes were approved.  Eric Carlson, from Arcadia Land Company came before the Planning Commission to present Sadsbury Park revised final plans for Phases 3B & 4B to accommodate ranch style single family detached homes.  The Chester County Planning Commission would like the homes called cottage style instead of Ranch style; as there are no one and a half story ranch homes.  The Planning Commission also discussed the 2017 Zoning Ordinance update.  With no further business, the meeting was adjourned.

Building/Zoning Report:  Mr. Lowry reported there were 49 inspections performed for the month of October and ten permits were issued for:  one single family dwelling, one deck, one solar array, two garages (zoning) and two alterations.  A meeting was held with the owner and consultants of CTDI concerning two additions, and the plans have been submitted.

Chester County Airport Update:  Mr. Roberts reported that 10 million dollars has been allocated to the airport from the Department of Transportation for needed updates.  The tower is still moving along, with the FAA figuring out how to make it happen.

Payment of Invoices:

 Mr. Hensel made a motion, seconded by Mr. Reynolds, to pay the October 2017 General Fund invoices in the amount of $178,232.98.  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 October 2017 Sanitary Sewer invoices in the amount of $71,407.91.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business

The Board of Supervisors will set the date of Wednesday, November 15, 2017 at 9 a.m. for the next budget meeting.

Mr. Hensel stated the Board received a letter from Valley Township requesting help to finance a snow fence to install along Washington Lane as it is primarily a benefit to Sadsbury Township.  The cost of the fence is $2,895.63 plus Valley Township’s Public Works time to install the fence.  Valley is reaching out to Sikorsky and Martin Brower Co. as well to request their support.  Mr. MacCombie stated that years ago, the businesses in the Valley Business Park came here and asked the Township to put up a snow fence for them.  The question is, why should Sadsbury Township keep the road open for businesses in Valley Township?  The fence in Valley is up now, and after it is in, askes Sadsbury Township to help pay for it.  There is no benefit to Sadsbury Township, the only benefit is to the businesses in Valley Township.  Mr. Reynolds stated there might be some benefit for residents getting out of Washington Lane, but not much.  Mr. Hensel asked if the snow drifts up to the Armory.  Mr. MacCombie stated the snow fence does not go up that far; so, it is not helping our residents.  Mr. Taylor stated they should ask Keystone Foods to contribute money also, as it is a benefit for them.  Keystone Foods is in Valley Township and does not pay taxes in Sadsbury.

Mr. Walters stated he would be happy to talk to Valley Township about the snow fence.  He talked to them about line painting Washington Lane and got nowhere.   Charlene Pluck wants to know why should we pay the Township Manager to do something the residents have said no to.  Mr. Taylor thinks maybe it would be a safety issue to have the fence.  Mr. Hensel stated that if the fence is up, it is up.  No one gave approval for the fence to be put up.  Scotty Weaver said that if the Township puts money into the snow fence, it should go all the way to the Heights.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to say no to helping finance a snow fence along Washington Lane to benefit the Valley Business Park, at this time.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Chris Daily, an Engineer with D.L. Howe and Associates came before the Board of Supervisors to request for acceptance of the initial Land Development submission for Rock Holdings, PA. LLC at 101 Patriot Way and also a waiver request for the project to be submitted as a Preliminary/Final application.  Patriot way is the road between the building in West Caln Township and the new building in Sadsbury Township.  The landscaping will remain intact.  Mr. Reynolds stated it is a conforming building on a conforming lot and he has no problem with the preliminary/final.

Mr. Hensel made a motion, seconded by Mr. Reynolds, to grant a waiver for the submission of the Rock Holdings PA. LLC at 101 Patriot Way to be submitted as a Preliminary/Final application.  With there being no questions from the public, the Board voting “aye’, the motion passed unanimously.

Old Business:

Mr. Hensel reported that the Fireman’s Relief of $23,498.39 must be completed and filed no later than November 24, 2017.  Mr. Cazillo, With Keystone Valley Fire Department stated that last year, Sadsbury got the whole amount, this year it should be split.  Mr. Reynolds stated the contract with Keystone expires in three weeks and they get relief from other Townships.  Tom Greenfield stated that Dave Reynolds should not decide who gets the money.  Mr. Cazillo feels Keystone should get some of the funding.  The split of 80% for Sadsbury Fire Company and 20% for Keystone could be an answer.  Mr. Reynolds stated that Keystone Valley’s ladder truck was utilized 0 times last year and the year before.

Mr. Hensel made a motion, seconded by Mr. Taylor, to split the Fireman’s Relief in the amount of $23,498.39 between Sadsburyville Fire Company and Keystone Valley Fire Department being 80% for Sadsburyville Fire Company and 20% for Keystone Valley Fire Department.  With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Mr. Hensel congratulated Mr. Moore on his win as the new Supervisor.

Mr. Taylor congratulated Mr. Reynolds and Mr. Moore on their win.  Mr. Taylor is at Pocopson now.  He wants to thank all the residents of Sadsbury for their support and he is making strides and doing better and better.

Simon Jessey asked what is the Township’s position on trash being left outside for long periods of time.  Mr. Lowry told Mr. Jessey to call the Township office.

Robert Silvernail asked if the Township has any policy on conduct of officers.

Scotty Weaver is glad to see conversation between the fire companies.

Zachary Fronk asked how the Police arbitration went.

Mr. Hensel stated the police have a contract.

Mr. Fronk asked what is the cost of arbitration.  The taxpayers are paying a lot of money for arbitration.

Mr. Hensel stated he is sure the cost will be over $10,000.

Mr. Fronk asked if Chief Ranck was involved in the arbitration.

Mr. Hensel stated “no”, he is in management.  Chief Ranck had a chance to join the  IRA years ago, and opted out.

Mr. Fronk stated that is not a pension.

Mr. Hensel stated this is getting into personnel issues and he will not discuss any further.

Mr. Fronk stated he will do a right-to -know

Mr. Silvernail asked Mr. Hensel if he even asked what the cost of arbitration would be?

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