Regular Meeting, Tuesday, June 7, 2011

A regular meeting of the Board of Supervisors was conducted on Tuesday June 7, 2011 commencing at 7:00 p.m. Chairwoman Ms. Silvernail called the meeting to order. Present were Supervisors Ms. Horan and Ms. Sarbaum, Mr. Pompo Township Solicitor, Mr. MacCombie Township Engineer and members of the community.

The moment of silence and pledge of allegiance was observed.

Ms. Silvernail announced that the Board met in executive session on June 7, 2011 at 6:00 p.m. to discuss possible litigation.

Ms. Silvernail made a motion, seconded by Ms. Horan 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.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to adopt the previous meetings minutes. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Police report.

Chief Groce reported that for the month of May the police department patrolled 3,848 miles and handled 137 public complaints for: 6 suspicious persons, 6 911 hang up, 22 alarms, 9 domestic, 9 accidents, 1 disturbance, 4 assist to other departments, 2 harassment, 9 animal and 2 criminal mischief. He stated that 6 traffic citations were issued, 2 parking tickets and 3 criminal arrests for 1 DUI, 1 harassment by communications, 1 driving under suspension. Patrol activities included 8 traffic checks and 6 property checks.

Township Engineer report.

Mr. MacCombie provided the Board with the cost estimate for the 2011 Road Resurfacing Project and read allowed that the proposed work is for Skiles Road, Hammond Drive, Greenbelt Drive and Timicula Road that includes a scratch coat leveling course. The repairs at the Old Mill Road Bridge approaches include removal of existing materials placement of 5” bituminous concrete base course and 2” bituminous wearing course. The costs of each improvement are as follows:

Skiles Road Scratch Coat approximately 300 L.F. x 16 wide with 32 tons of HMA scratch leveling course @ $125 a ton $4,000.00

Hammond Drive between Compass Road Scratch Coat approximately 475 L.F. @ 16 wide with 50 tons of HMA scratch leveling course @ $125 a ton $6,250.00

Greenbelt between Quarry Road and the northern terminus Scratch Coat approximately 1,012 L.F. @ 16 wide with 110 tons of HMA scratch leveling course @ $125 a ton $13,750.00

Timacula Road between Valley Road and the Township Line Scratch Coat approximately 400 L.F. @ 19 wide with 50 tons of HMA scratch leveling course @ $125 a ton $6,250.00

Bridge Approach Reconstruction

Repair Old Mill Road bridge approximately 5’-10’ on both sides for an approximate length of 20 L.F. @ 16 wide. Remove approximately 20 S.Y x 6 existing pavement and sub base 6 tons of HMA BCBC & 3 tons of HMA HMA Wearing costs $2,500.00

Reconstruct Friendship Way from end of previous reconstruction to Old Mill Road for an approximate length of 1,054 L.F. @ 25 wide estimated cost to resurface is $86,720.00 Engineering costs would be approximately $6,504.00, total costs would be $93,224.00.

The Board agreed to discuss this proposal at the budget meeting to be held in July.

Ms. Silvernail mentioned to Mr.MacCombie that at the top of Hilltop Drive there is a bump in the road. Mr. MacCombie stated that he would check the roadway as it is possible that it may need repaired.

Mr. MacCombie prepared a construction release number 3 for Pact Construction in the amount of $27,689.65 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve construction release #3 for Pact Construction in the amount of $27,689.65 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a Letter of Credit Account Reduction Certificate of Completion for Sadsbury Arcadia Associates in the amount of $192,063.57. Mr. MacCombie prepared a Township Engineering construction costs release that should be paid to the Township in the amount of $5,727.62 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the Letter of Credit Account Reduction Certificate of Completion for Sadsbury Arcadia Associates Phase 2A in the amount of $192,063.57 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Township Engineering construction costs release to Sadsbury Township from the cash escrow of Sadsbury Arcadia Associates in the amount of $5,727.62 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie prepared a Letter of Credit reduction certificate of release of funds for Lafayette Square in the amount of $51,090.68. Mr. MacCombie prepared a Township Engineering construction costs release that will be paid to Sadsbury Township in the amount of $1,633.13 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the Letter of Credit reduction certificate of release of funds for Lafayette Square in the amount of $51,090.68 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Engineering construction costs release to Sadsbury Township from the Lafayette Square cash escrow in the amount of $1,633.13 as per Mr. MacCombies recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that West Brandywine Township applied for a 20 million dollar H2O grant to purchase a portion of the Pennsylvania American Sewer plant; however the amount of the grant awarded was $900,000.00. This amount is not enough to purchase a portion of the sewer plant. Some of the options for using the grant money could be forming a limited regional sewer authority to oversee future repairs and maintenance of the sewer infrastructure, purchase of equipment, for example a televised sewer machine, and a jet machine. Mr. MacCombie stated that the grant monies would be for the MSG group that consists of Valley, West Brandywine, Caln, and Sadsbury.

Mr. MacCombie reported that he and the Board has received concerns from residents that live on Compass Road regarding traffic. Mr. MacCombie attended a meeting with Penn Dot where representatives from Sadsbury Common were present. Compass Road will be part of the traffic study of Sadsbury Commons. Mr. MacCombie stated that the Township received the traffic study report yesterday and once he reviews the information, he agreed to meet with the Compass Road residents to discuss in detail the results. Mr. MacCombie stated that Dennis O’Neil from his office informed him of a possible grant application that is available until July 27, 2011 for traffic problems and intersections. Mr. MacCombie stated that the Board may want to consider this application for Compass Road.

Mr. MacCombie reported that he received notification that Penn Dot has agreed to reduce the speed limit to 30 mph for the Sadsbury Village Enhancement Project. That construction is set to start in the fall of 2011.

Mr. George Thomas, Pennsylvania American Field Operations Supervisor for the Coatesville District, explained to the Board that the water company had (2) water main breaks on Stovepipe Hill Road at which the water main was installed approximately 1 year ago. Mr. Thomas stated that the water main break was due to the fact that PECO had an overhead wire come down that arched and caused a break in the main break in the water main. Mr. Thomas stated that the Stovepipe Hill Road was cut and patched but does not meet the current Township Ordinance on file. Mr. MacCombie stated that Herb MacCombie completed a site inspection of the repairs to the roadway, found they are sufficient; but do not meet Township Code. Mr. Thomas stated that he is requesting relief from the Township’s Ordinance. Mr. Pompo suggested to the Board that his was an emergency situation that had to be repaired; but the Board must be prepared to treat all equally and keep in mind this was an emergency situation. Earl Taylor commented that he lives on North Street and travels Stovepipe Hill Road daily and states Pennsylvania American did a nice patch job. John Lymberis stated that traffic could also be a factor for future waiver requests of this manner due to Stovepipe Hill Road not being a heavily traveled roadway. The Board requested to have Mr. Jamie MacCombie inspect the patch repair. Mr. Thomas stated that he will give the Township a (3) year warranty on the road patch.

Ms. Silvernail made a motion, seconded by Ms. Horan, to grant Pennsylvania American Water Company a waiver from the road opening Ordinance for Stovepipe Hill Road due to the fact that it was an emergency situation and, contingent upon Mr. Jamie MacCombies inspection results and a (3) year warranty on the road patch given by Mr. Thomas of Pennsylvania American Water Company. With there being no questions from the public the Board voting “aye”, the motion passed unanimously.

Monica Bon Miller commented nice job on having Compass Road included in the Sadsbury Commons Traffic Study. Mr. MacCombie stated he will review the study and send dates to the Board to scheduled a public meeting for discussion, notices will be sent to all Compass Road residents.

Township Solicitors report.

Mr. Pompo stated that (6) trash bids were opened and read aloud on April 26, 2011. Mr. Pompo reviewed all (6) bid packages and found various deficiencies. Mr. Pompo stated although Quality Disposal was the low bidder in a (5) year contract for option 3, the financial documents did not qualify because the consent of surety was missing, and (2) different forms of security were posted. Mr. Pompo stated that Quality would be rejected. The Board agreed to stay with option 3 Curbside collection of municipal waste in the Township of Sadsbury, removing municipal waste once per week for one, two, three, four or five years, at the option of Township. Price to include unlimited collections of municipal waste at Pomeroy Playground, as well as unlimited collections at all parks, the Township Building and other Township property, the pickup of one bulky item per residence or other establishment per week on the same day as the weekly normal pickup and the provision of one three-cubic yard trash dumpster each at the Pomeroy and Sadsburyville Fire Departments, including collection as needed. Also curbside collection of co-mingled recyclable materials, including at a minimum, aluminum beverage cans, newspaper, clear, brown and green glass, bi-metal and steel cans, plastics #1 – #7, corrugated cardboard and residential mixed paper, in the Township of Sadsbury. The Bidder will assume full responsibility for recycling of same once a week on the same day as the curbside collection of garbage and trash. Bidder is to provide one recyclable materials container for use by each household to store co-mingled recyclable materials and for placement at the curb for collection. The title to recyclable materials to pass to Bidder upon collection. The Bidder shall provide to the Township quarterly records of the weight of recyclable materials delivered to the facility which receives, processes, handles or otherwise modifies the materials provided to it. Eagle Disposal was the next lowest bidder, bidding the same amount for (5) years with a total being $775,513.20. The annual cost per household will be $247.00. Mr. Pompo stated that all paperwork was in order.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to award the (5) year curbside collection of trash and single stream recycling to the Eagle Disposal of East Earl PA for the amount of $775,513.20. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo discussed a growing greener program that has provided funding for preserving open space and farmlands, developing community park and recreation areas. Mr. Pompo stated that a Resolution for support or renewing growing greener idea is to send to the local state representative to support the funding of this program.

Ms. Silvernail made a motion, seconded by Ms. Horan, to adopt Resolution 2011-08 to give support of renewing growing greener funds to achieve lasting results for its residents. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Planning Commission report.

Ms. Sarbaum reported that the Planning Commission met on Wednesday May 11, 2011. Patrick Cox Engineer representing Lincoln Crest Management Company was granted approval of a waiver to allow grading within 10 feet of the drip line and a waiver to allow exceeding the minimum street tree spacing of 15 foot due to easement and ownership issues but still complying with using 73 trees. The Planning Commission recommended Lincoln Crest final land development pending the review of the 24 foot right of way change of John Lymberis and the storm water management modification.

Township Zoning Report.

Mr. MacCombie reported that his office reviewed an application of Keystone Novelties fire works sales at the Hershey’s Farm Market site. Mr. Hanaway placed materials on his property at Shamrock Lane that must be removed Mr. MacCombies office reviewed 3 decks and shed permits and 2 sign permits. Ms. Horan asked what the recourse will be if Mr. Hanaway does not comply with the removal of stone material placed on the Shamrock Lane site. Mr. MacCombie stated he will be sited.

Pomeroy Fire Company report.

Mr. Taylor reported for the month of May a total of 6 alarms were answered for 2 auto accidents, 1 brush fire, 1 controlled burn, 1 house and 1 automatic alarm. The alarms were answered for: Sadsbury 4, West Caln 1 and Highland 1. Total time in service was 2 hours and 28 minutes.

Pomeroy Ambulance report.

Mr. Taylor reported for the month of May a total of 68 calls were received for: Sadsbury 21, Valley 3, Highland 2, West Sadsbury 1, Coatesville 2, East Fallowfield 2, Parkesburg 34, West Caln 2, and Caln Township 1. Call types were: medical 55, vehicle 6, fire 1, pedestrian 1, recalled 13, scratched 1. Ambulance 29- 1 the 1995 Wheeled Coach returned in service, Ambulance 29-2 returned to service, Ambulance 29-3 was purchased as a back up and spare from Wakefield EMS Ambulance and is in service.

Sadsburyville Fire Company report.

Mr. Adam Grossman reported that for the month of May a total of 12 alarms were answered for Sadsbury North 1 motorcycle accident, 4 motor vehicle accidents, 1 forcible entry, and 1 brush fire. Sadsbury South 1 brush fire, 1 house fire, 1 automatic alarm, 1 standby. The alarms were answered for West Caln, Caln, and Valley.

Emergency Management Coordinator report.

Mr. Taylor reported that he spoke to Sadsbury Arcadia with regards to the road closure for Old Wilmington Road and it has been delayed until July. Mr. Taylor reported that the recently adopted Resolution regarding territories will need amended because Brandywine Hospital no longer has the Sky care unit.

Chester County Airport update

Mr. Roberts reported that the South ramp construction will begin as soon as the airport receives the grant money.

Payment of Invoices:

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the May invoices in the amount of $99,609.87. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously. Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the May sanitary sewer invoices in the amount of $22,400.81. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Tabled Business:

Mr. Jason Duckworth representing Sadsbury Arcadia Associates presented the Board with a request for approval of phase 4C line change. The phasing line change is required to implement the conditional use approval which required phase 4c to include a direct access to Old Wilmington Road if the phase were constructed at the same time as or prior to Phases 2 or 3. Mr. Duckworth stated that in the current phase 2B there are 52 single family dwellings and 15 townhouses. Phase 4c will have 42 townhouses; in addition, Arcadia proposes to add 6 townhouses from phase 2B since these units are physically contiguous to phase 4C north of North Harner Boulevard. Mr. Duckworth also requested approval of the EDU allocation for phase 4C. Ms. Silvernail asked when will the 39 EDU’s be paid to the Township. Mr. Duckworth stated that they will be purchased. Mr. Duckworth stated that they currently own 367 EDU’s and reviewed the revised EDU chart enclosed with his letter of May 11, 2011. The Board suggested that the EDU allocation chart be placed on the plan showing that the 39 EDU’s are outstanding; Mr. Duckworth agreed to do so. Ms. Silvernail asked about their obligation to construct the Municipal Garage. Ms. Silvernail asked Mr. Duckworth when it will be fulfilled. Mr. Duckworth stated in the last phase of the project which was the 4th phase but now that sub phasing is taking place it won’t be until the 8th phase of the project. Mr. Duckworth agreed to move the construction up to the fourth sub phase of the eight phases. The Board agreed to discuss the future garage in the next budget meeting. Mr. Adam Grossman asked when the $100.00 donation to Sadsburyville Fire Company for each home built in Sadsbury Park will occur. Mr. Duckworth stated that the $100.00 should be collected by the Township at the time each building permit is applied for. The Board requested more information regarding the Old Wilmington Road closure and how it will impact the Township and residents. Mr. Duckworth stated that he holds an approved PenDot permit from 2006 and stated that road to be closed for no longer than 30 days. Mr. Duckworth stated that the hump and curve will be removed from Old Wilmington Road and 3 new entrances will be placed for their development. Mr. Duckworth stated a detour will be placed, Mr. MacCombie stated the detour will be to 372 Valley Road to Route 10 Octorara Trail to Route 30 Lincoln Highway. The Board expressed concerns with cut through traffic in the Pomeroy Heights Area. Mr. MacCombie stated that he could contact Terry Muto Manager of AIM to request them to open the gate along Quarry Road for emergency personnel only. The Board requested to keep one lane open during the roadway project. The Board requested Mr. Duckworth cut the grass at Old Wilmington Road and Quarry Road.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the adjustments to Sadsbury Park phase 4C contingent upon compliance with Mr. MacCombies review letter, the outstanding EDU remaining chart be recorded on the final plan, each sub phase be counted towards the time period for construction of the new municipal garage, and expediting the road improvements to Old Wilmington Road. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. Patrick Cox, Lee Stival Attorney, Jennifer Catteau Project Manager for Lincoln Crest Management Company is seeking final land development approval from the Board. Mr. Cox stated that the Lincoln Crest Management Company received a recommendation letter from the Township’s Planning Commission. Mr. Cox state that he is requesting (2) waivers, one for 427-1.2.a to allow minimal grading within 10 feet of the drip line and the second was a waiver not to exceed the minimum allowed street tree spacing of 15 foot due to easement and ownership issues. The required 73 trees will be planted. Mr. Cox agreed to be in compliance with all outstanding comments from the Township Engineers review letter dated May 6, 2011 and with all outstanding comments from Menke & Menke‘s letter dated April 27, 2011. The Board agreed to grant a partial waiver from 427.F.1 minimum planting standards relating to gross building area and new and existing road frontage as shown on the plan dated July 3, 2009 last revised May 31, 2011. The waiver is for deciduous trees street trees and shrubs. A partial waiver from 427.F.1 for a reduced number of required building lot area and existing road frontage plantings as shown on the revised plan dated May 31, 2011, the waiver accounts for the amount of planting area available around each proposed building lot. A partial waiver from the disturbance or construction within (10) feet of the drip line of (11) existing trees. The applicant may disturb within an area less than (1) feet but in no case within the drip line by means of increasing the bioswale berm slope no greater than 3:1 and or construction of tree wells no greater than 30” in height, with the exact amount of encroachment within the (10) foot area determined to the satisfaction of the Township Engineer. A partial waiver from 427.H.8 of the SALDO to allow the exceedance of the fifteen foot tree spacing requirement so long as the affected plantings are spaced on an average of (15) feet. Mr. Pompo stated the applicant shall revise note 5 on sheet 2 of the plan to delete reference to a zoning hearing board decision and substitute reference to May 5, 2009 Conditional Use Decision and Order No. C-2-08. The payment of $300.00 per building permits up to $7,500.00 per the decision and order. Mr. Pompo stated a note shall be added to sheet 2 of the plan stating no development or use is proposed for parcel 37-2-49 consisting of 1.03 acres fronting Lincoln Highway in the Sadsbury Village District. Payment of a traffic impact fee in the amount of $48,990.00 will be paid to Sadsbury Township. The amount of $24,495.00 will be paid at the time of the first building permit and another payment of $24,495.00 at the time of the 26th building permit. A note shall be added to sheet 2 of the plan that parking on the interior streets will be restricted to one side only. Mr. Pompo stated that following agreements must be provided: subdivision land development, financial security, professional services escrow agreement, letter of credit, declaration of covenants, stormwater best management practices operation and maintenance agreement, stormwater inspection services agreement, right of way agreement for access road, and the wetlands conservation easement. All outstanding review fees must be paid within 30 days of receipt from Township.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the Final Subdivision Land Development plans of Lincoln Crest Management Company contingent upon all issues outlined by Mr. Pompo, compliance with all outstanding issues in Mr. MacCombies review letter dated May 6, 2011, compliance with all outstanding issues with Menke & Menkes review letter dated April 27, 2011 and that easement issues with John Lymberis be resolved. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Art Herling presented the Board with a preliminary Subdivision Land Development application for Maple Avenue. Mr. Herling explained that the purpose of this plan is to subdivide one lot into two lots for the construction of one detached single family house and one existing detached single family house along Maple Avenue. The Board agreed to accept this plan and review for completeness and forward it to the Township Planning Commission for their review.

The Board discussed the Memorandum of Agreement that recognizes the Township Road Department’s intent to join the Teamsters Local Union. Ms. Silvernail stated that the stated agreement was time sensitive for signature so Eric Brown the Township’s Labor Attorney polled the supervisors and the agreement was signed. All proper documentation has been posted as required by the labor law requirements.

Ms. Silvernail made a motion, seconded by Ms. Horan, that the Board of Supervisors ratifies the Road Departments intent to join the Teamsters Local Union. With there being questions from Adam Grossman on whether a union is popular in other municipalities. The Board answered “no” only (1) other that they know of. Mr. Taylor stated that Teamsters Local 312 represents his place of employment. With there being no further questions, the Board voting “aye”, the motion passed unanimously.

The Board discussed the Western Chester County Consolidation Steering Committee suggestion for Sadsbury Township to conduct a public informational meeting for both fire companies within the municipality to discuss the consolidation process. The Board agreed that Monday June 20, 20011 @7pm.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to authorize the advertisement of a pubic informational meeting to discus the fire company consolidation process. Ms. Silvernail also requested that Adam Grossman, Ray Campbell, Brian Gathercole, Mike Audette as well as both fire companies be invited to this meeting. With there being no questions from the public the Board voting “aye”, the motion passed unanimously.

The Board discussed a proposal from Inter Media Group Inc to provide solutions to ensure the computer system maintenance service. The Board explained how important keeping the network running and data safe and protected is. Inter Media Group Inc. hourly rates are $79.95. The smallest package the Township can purchase is for 50 hours that never expire. Reitzel Swaim stated that is expensive, why not use Esh Computer Service in Gap? The Board stated that the Township has used Esh Computer service in the past for emergencies, but the Township is in need of a regular maintenance plan to insure the health of the computer systems and servers.

Ms. Silvernail made a motion, seconded by Ms. Horan, to accept the proposal from Inter Media Group for computer system maintenance under a 50 hour contract @ $79.95 an hour. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

After discussion, Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to adopt Resolution 2011-09 to authorize the disposition of 1977 bank statements and records, 2001, 2002, 2004 payable receipts, 2003 general fund bank deposits, 1989, 1999, 2000 trash collection invoices. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Jay Groce commented to Adam Grossman what a nice job they are doing on the Sadsburyville Fire Company.

With there being no further business, Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to adjourn the regular meeting of the Board of Supervisors. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Respectfully Submitted,

Lisa Myers
Secretary/Treasurer