Supervisors Regular Meeting Tuesday, July 3, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, July 3, 2012 commencing at 7:00 p.m. Chairwoman, Ms. Silvernail called the meeting to order. Present were Supervisors, Mr. Greenfield and Ms. Horan, Township Solicitor Mr. Pompo, Township Engineer/Zoning Officer Mr. MacCombie and members of the community.

Ms. Silvernail announced the Board met in Executive Session on July 3, 2012 at 6:00 p.m. to discuss personnel matters.

The moment of silence and pledge of allegiance were observed.

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 Mr. Greenfield, 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 Groce reported that for the month of June, 2012 the police patrolled 4,902 miles and handled 141 complaints from the public for: 8 thefts, 6 suspicious persons/conditions, 3 911 hang-ups’, 12 alarms, 10 domestics, 6 accidents, 8 disturbances, 14 assist to other departments, 1 harassment, 1 criminal mischief, and 2 animal. There were 19 parking tickets issued for the month and 43 traffic citations and 11 non-traffic citations. There were 10 criminal arrests for: 3 harassment/DC, 3 underage drinking, 3 theft, and 1 criminal mischief. Patrol activities included 38 traffic checks and 294 property checks. There were 2 traffic details held in June on Rt 30 which resulted in 40 traffic citations being issued. Chief Groce had a quote from YIS/Cowden Group, Inc. for the purchase of an ENRAD system for $4,395.00 which will be discussed at the budget meeting.

Township Engineer Report

Mr. MacCombie reported that he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Arcadia Associates L.P., Sadsbury Park Phase 4C in the amount of $13,058.31 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve a certificate of release of funds from working account letter of credit reduction from Sadsbury Arcadia Associates L.P., Sadsbury Park Phase 4C in the amount of $13,058.31 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Arcadia Associates L.P., Sadsbury Park Phase 2A in the amount of $24,224.63 for the Boards approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve a certificate of release of funds from working account letter of credit reduction from Sadsbury Arcadia Associates L.P., Sadsbury Park Phase 2A in the amount of $24,224.63 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has an Engineering Escrow release for Sadsbury Arcadia Associates, L.P., Sadsbury Park Phase 2A in the amount of $3,899.37 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve an Engineering Escrow release for Sadsbury Arcadia Associates, L.P., Sadsbury Park Phase 2A in the amount of $3,899.37 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Commons, L.P., Sadsbury Commons, Medical Office Development, Phase 1A in the amount of $68,070.18 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve a certificate of release of funds from working account letter of credit reduction from Sadsbury Commons, L.P., Sadsbury Commons, Medical Office Development, Phase 1A in the amount of $68,070.18 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has an Engineering Escrow release of funds for Sadsbury Commons, L.P., Sadsbury Commons, Medical Office Development, Phase 1A in the amount of $5,156.87 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release of funds for Sadsbury Commons, L.P., Sadsbury Commons, Medical Office Development, Phase 1A in the amount of $5,156.87 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported that he has an Engineering Escrow release of funds for JYF Partners, Lafayette Square Phase 1 in the amount of $205.00 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve an Engineering Escrow release of funds for JYF partners, Lafayette Square Phase 1 in the amount of $205.00 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated concerning the Village Enhancement project, the state needs more detail on the handicap ramp at the northeast corner of Old Wilmington Road and Lincoln Highway, across the highway from Harry’s. Lighting on the roadway is being finalized and all detail of handicap ramp and roadway lighting should be sent to the state by the end of July and from there, out to bid.

Mr. MacCombie stated that EPA is changing the regulations on pretreatment programs and informed PAWC that they must enact a new pretreatment program. PAWC wants all bulk users to be responsible for their own pretreatment program. There is now a new head of the EPA and he will be attending the next meeting with PAWC.

Mr. MacCombie stated the planning module for Art Herling Sub Division has been in his office without his knowledge. He will review the plans as best as he can in a timely manner.

Mr. MacCombie stated that after a review of the conditions of the roads in Sadsbury Township with Herbert E. MacCombie,III and Dave Simmons, Director of Public Works in the Township, he is recommending that the following roads be oiled & chipped.

 1 Compass Road-approx. 4,350’ from Lincoln Hwy to Skiles Road $41,400.00
 2 Skiles Road-approx. 300’ from the end of the previous repair $ 1,187.50
 3 W. Hammond Drive-approx. 470’ from Compass to dead end $ 2,375.00
 4 Timacula Road-approx. 810’ from Valley Road to Twp line
Including 730 sq. ft. at the Valley Road intersection
$ 4,750.00
$49,712.50
Mr. MacCombie stated the estimate to repair a 90 LF section of road near 39 Compass Road that was damaged during Tropical Storm Lee and submitted To FEMA is as follows:
 Placing 2A aggregate-8tn@ $100.00/tn = $ 800.00
 Placing 2” HMA wearing Course – 18tn @ $200.00/tn= $3,600.00
 Construction sub-total $54,112.50
Bid/Contract Package prep &
Engineering Surveillance @ 7% $3,787.88
Contingency @ 10% $5,411.25
Subtotal $9,199.13
Total project cost $63,311.63

Alternate 1- if funding is available, depending on contract bid prices received, it is recommended that the Board considers adding Hilltop Road to the proposed bid as an alternate. The estimated cost for a single coat of oil and chip is:

Hilltop Road- aprox. 3,800Lf (entire length) $28,750.00
Engineering @ 7% $ 2,012.50
Contingency @ 10% $ 2,875.00
Total $33,637.50

Ms. Silvernail stated that she has had complaints about Frederick Road and would like that road added to the list.

Mr. MacCombie stated that he wanted to discuss a letter from Charles Higgins regarding the Township’s traffic lights and the repairs required to meet Pen Dot’s standards. Mr. MacCombie stated the letter concerns traffic lights at Aim Blvd. and Independence Way, and Lincoln Highway and Old Wilmington Road. Mr. MacCombie stated that Higgins does not do pavement markings and the Public Works Department can take care of signage problems. Mr. MacCombie recommends that Higgins & Sons take care of repairs #4 to #8 concerning the traffic light at Lincoln Highway and Old Wilmington Road contained in their letter of February 10, 2012.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve the repairs to the traffic light at Lincoln Highway and Old Wilmington Road items #4 to #8 contained in the February 10, 2012 letter from Charles Higgins & Sons with a cost not to exceed $360.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitor Report

Mr. Pompo stated he wanted to discuss advertising the Intergovernmental Cooperation Ordinance. Mr. Pompo reviewed the Intergovernmental Cooperation Agreement and discussed important changes in the agreement. Each Township’s funding will be on a proportion basis, for the first year the Commission shall consist of 8 members and after that consist of 5 members, and can partner with other municipalities to enter into contracts for group insurance and other employee benefits.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to authorize Mr. Pompo to advertise the Intergovernmental Cooperation Ordinance with Parkesburg, Highland Township, and West Sadsbury Township contingent that it is not to be advertised in the Newspapers until the Ordinance is ready and agreeable to all concerned. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Richard Felice asked Mr. Pompo if he interviewed the person he had scheduled for last month about the sewer investigation.

Mr. Pompo stated he did and his report is ready for the Board of Supervisors.

Township Planning Commission Report

Mr. Greenfield stated the Planning Commission met on June 13, 2012 and there was no business to discuss. Mr. Greenfield stated he was directed by Planning Commission Chairman Ms. JaneHeineman to ask Mr. Pompo if the Planning Commission could be on a need to meet basis or possible every other month; as there has not been any business to discuss for many months. Mr. Pompo stated that he will check the Ordinance. Mr. Pompo stated that meetings can be cancelled for lack of agenda items, but shouldn’t change the Ordinance. If a meeting is to be cancelled for lack of agenda items, the Planning Commission Chairman should e-mail Ms. Silvernail, Linda Shank, and Courtney Sarbaum. The door should then be posted that the meeting is cancelled for that evening.

Township Zoning Report:

Mr. MacCombie stated that a violation letter was sent to Mr. Braxton at 56 Hershey Lane concerning 3 or 4 vehicles on his property not properly tagged and not inspected. Mr. MacCombie stated a new sign for Rampmaster was approved. Mr. MacCombie stated that 26 Spruce Street is 6” beyond what the Zoning Hearing Board allowed. Mr. MacCombie reported that a resident complained that the mobile home on Compass Road was stealing electricity from PECO. Mr. MacCombie stated that is an issue that will have to be resolved by PECO, not the Township. Mr. MacCombie reported that his office is not aware of anything going on at the mobile home.

Township Park Committee Report:

Ms. Horan reported that general maintenance is being done at the park. Ms. Silvernail stated that David Simmons, the road crew foreman, reported to her that swings were broken at the park. Ms. Silvernail stated that 3 swings should be replaced at a cost of around $200.00.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to replace 3 larger swings with new hardware per the quote of David Simmons and paint the swing set not to exceed $300.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Pomeroy Fire Company Report:

Mr. Taylor reported there were a total of 9 calls for the month of June: 2 assist ambulance, 1 house fire, 1 relocate, 1 smoke in dwelling, 1 tree into a house, 2 trees, and 1 woods fire. There were a total of 9 assists to other departments: Coatesville 2, East Fallowfield 2, Highland 1, Parkesburg 1, and Sadsbury 3. Time in service was 5 hours and 1 minute and 33.65 man hours. Mr. Taylor reported for the month of June the ambulance responded to 44 calls: Sadsbury 9, West Sadsbury 7, Parkesburg 20, Sadsbury Township Lancaster County 1, Highland 1, Valley Township 1, and Coatesville 3. Call types were: medical 32, vehicle 6, fire 6 and recalled/refusal 8. The total number of transports was 29.

Mr. Taylor asked the Supervisors if it would be possible to have the Road Department help out the fire company as the first line of defense to get to the scene of an incident in the Township. Mr. Taylor stated he does not want the road crew to leave their jobs but if something could be worked out it would be helpful to the fire company. Ms. Silvernail stated Mr. Taylor should give the Board some ideas of what he is looking for and it can be discussed next month. Ms. Silvernail stated something can be worked out as to the perimeters of what the road crew can and cannot do.

Mr. Taylor reported that Westwood Fire Company is coming into Sadsbury Township for fires, with lights flashing without being dispatched. They are coming here mostly for Sadsbury calls and he stated it is a reckless situation. Ms. Silvernail stated that some volunteers in Westwood Fire Company are also members in Sadsbury Fire Company. If they are going to be coming to fires in Sadsbury Township they should be in Sadsbury vehicles and not Westwood.

Mr. Pompo suggested a letter be written to the Fire Chief and address this problem.

Sadsbury Fire Company Report:

no report

Emergency Management Coordinator Report:

Mr. Taylor reported that the Emergency Operations Plan is almost complete. Mr. Taylor stated the county needs a list of vulnerable properties in the Township. Ms. Silvernail asked Mr. Taylor to let the Board know what the definition of a vulnerable property is. Mr. Taylor reported there is a home on Spaulding Avenue in Pomeroy that has tall grass and trees down. Mr. Taylor states that there is no burn ban but he is cautious about this property. Ms. Silvernail stated the Building Codes officer is trying to locate the owner of the property.

Chester County Airport Update:

Ms. Horan stated there is no report. The Airport Authority does not meet in July.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to pay the June invoices in the amount of $84,178.12. 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 pay the June sanitary sewer invoices in the amount of $45,111.69. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Susan Line Boswell, Esquire representing Lafayette Square, LP stated that Lafayette Squrare Phase 1 is a 125 Unit project with 40 units leased, representing 70% leased. Ms. Boswell stated that JYF Partners is asking to have the monies left in escrow, about 20% totaling $178,000.00 to be replaced with a performance Bond. Ms. Boswell stated that all the agreements and information has been reviewed by Mr. Pompo’s office and are acceptable to him. Mrs. Boswell stated the Bond is preferable because the Escrow line of credit ties up capital. Ms. Silvernail stated that the Board of Supervisors has not seen these documents prior to tonight. Ms. Silvernail stated the Board has not been agreeable in the past to changing letters of credit to performance bonds. Mr. Pompo stated that the Board does not have the legal duty to accept the bond. Mr. Pompo stated he received the bond today. It is written by a Texas company and he was looking over it to see if it was authorized to do business in Pennsylvania. Mr. Pompostated that a letter of credit can be taken to the bank and get money but if there is a dispute, you have to place a law suit against the Bonding company. Ms. Silvernail stated it is the Board’s responsibility to protect the financial interest of the Township with letters of credit versus a bond; which takes a lawsuit to collect on dispute. Ms. Boswell stated that Mr. Lymberis has had many letters of credit with the Township and has settled them all. Ms. Boswell stated it is difficult to get a bond and the fact that Mr. Lymberis did get a bond shows that he is responsible. Ms. Silvernail stated that if every developer wanted to get a bond, it could put the Township on shaky ground. Ms. Silvernail stated the Board is not comfortable making a decision at this time and will table the decision until the August meeting. Mr. Lymberis stated that the Board knows him personally and that he always does his job the right way and if the Board needs a month to think about their decision that is acceptable to him. If the bond issue is not acceptable to the Board in August, just let him know. Ms. Silvernail stated the Board will look over the packet and get back to Mr. Lymberis in August.

Michael Gill representing Lancaster General Hospital is presenting an amended land development plan for the proposed medical office building. As the plan stands now, the building is 36,000 square feet with 156 parking spaces. Mr. Gill stated the amended plan would square off the building and give it an additional 2,764 square feet, making the building 38,764 square feet and take away one parking space. There will be no reduction in landscaping. Mr. Gill stated the changes are minor. Mr. Gill stated the builders for the Lancaster General Medical Building will be Arcadia Properties, LLC.; no relationship to Arcadia Land Company who own Sadsbury Park Development. Lancaster General Hospital will purchase Lot 1 from Sadsbury Commons and Arcadia Properties, LLC will build the medical building and have an office in the building. Mr. Gill stated he would like to make a presentation to the Planning Commission on Wednesday, July 11, 2012 and hopefully come back to the Board of Supervisors in August and ask for approval of the amended plan and also preliminary approval.

Mr. Earl Taylor stated that residents have complained to him about dust coming from the construction site. Mr. MacCombie stated he will make sure the site is watered down to keep the dry dirt under control.

Ms. Silvernail stated the Township received a draft letter from the Chester County Commissioners regarding the Emergency Services Cost Recovery Concept. Ms. Silvernail explained the county wants to charge municipalities to support Chester County Department of Emergency Services and the 9-1-1 center. The letter states the municipality fee has been determined on a population basis. With cost recovery funding set at $2.6 million, and a population of approximately 500,000 in Chester County, the cost equates to $5.20 per capita. Ms. Silvernail stated that at the June 19, 2012 Sunshine meeting, the Commissioners agreed the municipalities did not have enough time to assess the proposal so they tabled the vote on the issue until their July 25, 2012 meeting. Mr. Pompo stated that this started out as an annual fee to help support Chester County’s Department of Emergency Services. The fee was suspended for three years in 1993 to allow municipalities to use the funds to purchase their own radio systems, but was not reinstated. Ms. Silvernail stated the Township is not in favor ofanother fee. Ms. Silvernail stated it is difficult to keep our budget under control when someone is always wanting to take a piece of it. County tax dollars support the 9-1-1 system. Ms. Silvernail stated she will keep everyone informed as to the outcome of this charge. Mr. Taylor stated that the fire companies do not support this idea.

Ms. Silvernail stated a quote was received from Gail M. Pietrzyk for a website redesign at a cost of $750.00 which includes annual hosting and domain name registration. This would save the Township $300.00+ a year. Ms. Silvernail stated the website needs to be updated and will in the future have a lot of benefits for the residents and have a lot more functions.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to approve Gail M. Pietrzyk redesign the Township website at a cost of $750.00 to include annual hosting and domain name registration. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail announced that the Township has received the first payment of money from FEMA and PEMA for Hurricane Irene occurring in 2011 for three Project Worksheets covering tree removal on Green Belt Drive, road/bridge repair on Green Belt Drive, and labor/equipment for the period of August 26-August 30, 2011. Mrs. Silvernail stated the amount of money received so far is $25,782.13. Mrs. Silvernail stated the tree on Greenbelt drive was taken down yesterday.

Ms. Silvernail stated that $10,000.00 needs to be transferred from Special Projects Budget to the Highway and Streets Budget to cover expenses related to the concrete pad for the salt shed that were recorded in 2011. Ms. Silvernail stated that Joe Drozd, the Township accountant explained that the Highway & Streets completed the work on the concrete pad for the salt shed in 2011 but the bills did not arrive to the Township until 2012; at which time they were paid. In order that the actual expenses do not exceed the budget, the transfer should be made.

Mrs. Silvernail made a motion, seconded by Ms. Horan to transfer $10,000.00 from the Special Projects Budget to Highway and Streets Budget on the recommendation of Joe Drozd, Township accountant to cover expenses related to the concrete pad for the salt shed that were recorded in 2011. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail discussed scheduling a budget meeting to begin the process for the year 2013. The date of July 31, 2012 at 1pm. at the Township Building was agreed on. The Secretary was instructed to advertise the meeting.

Public Comment:

Ms. Silvernail stated that the Parkesburg Fair is this week and also there is a bike race scheduled in Parkesburg on July 5, 2012.

Mr. Richard Felice commented that the past winter the streets in Quarry Ridge were cindered with more cinders than in the last five years. He stated that the cinders have washed down the road and collected on Autumn Drive. This has created a hazard. Mr. Felice asked if there were any plans to collect the cinders. Mr. Felice stated these cinders have to be picked up as they are causing a safety issue.

Ms. Silvernail stated that there are no plans to collect the cinders. Ms. Silvernail stated that in the past it was talked about renting a street sweeper for all the streets in Sadsbury Township. Ms. Silvernail stated she does not know the cost of a street sweeper, but it is something that can be talked about at the budget meeting.

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

Respectfully Submitted,

Linda Shank
Assistant Secretary