Supervisors Regular Meeting Tuesday August 7, 2012

A regular meeting of the Board of Supervisors was conducted on Tuesday, August 7, 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 31, 2012 at 3:00 p.m. to discuss legal and 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 Ms. Horan, 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 July, 2012 the police patrolled 4,534 miles and handled 161 complaints from the public for: 4 thefts, 7 suspicious persons/conditions, 2-911 hang-ups, 12 alarms, 15 domestics, 6 accidents, 4 disturbances, 9 assist to other departments, 1 harassment, 3 criminal mischief, 2 animal, and 3 burglaries. There was one criminal arrest for theft and receiving property. There were 7 parking tickets issued for the month and 21 traffic citations. Patrol activities included 25 traffic checks and 263 property checks.

Township Engineer Report: Mr. MacCombie stated he has three bid packages for the joint 2012 Resurfacing & Street improvements for Sadsbury Township and West Brandywine Township. Mr. MacCombie opened the bid packages as follows:

Asphalt Industries, Inc.
Chester, Pa. 19013
$68,408.00
AMS Asphalt Maintenance
Center Valley, Pa. 18034
$61,230.40
Martin Paving, Inc.
Lititz, Pa. 17543
$72,256.00

Mr. MacCombie asked the Board to approve the bid for AMS Asphalt Maintenance due to the mathematics that and the timing for the project is of the essence.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve the bid for the 2012 Resurfacing and Street Improvements for Sadsbury Township and West Brandywine Township to AMS Asphalt Maintenance Solutions in the amount of $61,230.40 contingent on the MacCombie letter written with West Brandywine in agreement. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he asked for quotes for the road repair work to be done on Compass Road and Frederick Drive trench repair. Mr. MacCombie reported his office received one quote from Mike Wallace at Lyons & Hohl in the total amount of $9,975.00.

Mr. MacCombie recommended the Board accept the one quote received.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to award the Road resurfacing of Compass Road and Frederick Road to Lyons & Hohl in the total amount of $9,975.00 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported the speed study done on Compass Road indicated the cars were traveling at a speed of 35 to 37 mph. Mr. MacCombie recommended keeping the speed limit at the original speed of 35mph instead of the temporary speed of 25mph.

Ms. Silvernail made a motion, seconded by Ms. Horan, to return the speed limit on Compass Road to the original 35mph per Mr. McCombie’s recommendation and the speed study done on Compass Road. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated the Delaware Valley Regional Planning Commission is going to hold meetings on ways that Townships can save on electricity costs. Mr. MacCombie has the form to fill out to attend.

Mrs. Silvernail made a motion, seconded by Ms. Horan, to complete the form to attend meetings of the Delaware Valley Regional Planning Commission on ways that Townships can save on electricity costs. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie stated he received a request from Aerzen Corporation to release escrow in the amount of $68,391.13 which is the balance of the working escrow account and the base account. Mr. MacCombie stated this certificate does not authorize release of funds for the Reserve Parking Area in the amount of $174,025.00. Nor does it authorize the release of the contingency for Reserve Parking Area in the amount of $17,403.00. The total amount of this fund is $191,428.00 which will remain in escrow.

Ms. Silvernail recused herself because Aerzen Corporation is a customer of her business. Ms. Silvernail turned the meeting over to Vice Chairman, Ms. Horan.

Ms. Horan made a motion, seconded by Mr. Greenfield, to approve a release of funds from the Aerzen USA base account in the amount of $54,895.83 per Mr. MacCombie’s recommendation. With there being no questions from the public, Ms. Horan and Mr. Greenfield voting “aye”, and Ms. Silvernail abstaining, the motion passed.

Ms. Horan made a motion, seconded by Mr. Greenfield, to approve a release of funds from Aerzen USA working escrow account in the amount of $13,495.30 per Mr. MacCombie’s recommendation. With there being no questions from the public, Ms. Horan and Mr. Greenfield voting “aye”, and Ms. Silvernail abstaining, the motion passed.

Mr. MacCombie reported 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 $43,034.14 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 form Sadsbury Arcadia Associates L.P. Sadsbury Park Phase 4C in the amount of $43,034.14 per Mr. MacCombie’s recommendations. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Arcadia Associates, L.P. Sadsbury Park Phase 4C in the amount of $995.62 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to approve an Engineering Escrow release from Sadsbury Arcadia Associates, L.P. Sadsbury Park Phase 4C in the amount of $995.62 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Arcadia Associates, L.P. Sadsbury Park Phase 2A in the amount of $6,500.62 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan, to approve an Engineering Escrow release from Sadsbury Arcadia Associates, L.P. Sadsbury Park Phase 2A in the amount of $6,500.62 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has a certificate of release of funds from working account letter of credit for JYF Partners Lafayette Square, Phase 1 in the amount of $43,163.99 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 for JYF Partners Lafayette Square, Phase 1 in the amount of $43,163.99 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for JYF Partners Lafayette Square, Phase 1 in the amount of $186.25 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 $186.25 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has a Grading Permit Escrow release for working account letter of credit reduction from Sadsbury Commons, L.P., Sadsbury Commons Medical Office Development – Phase 1A in the amount of $28,341.81 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to approve the release for working account letter of credit reduction from Sadsbury Commons, L.P. Sadsbury Commons Medical Office Development – Phase 1A in the amount of $28,341.81 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release for Sadsbury Commons, L.P. Sadsbury Commons Phase 1A in the amount of $1,071.25 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 Phase 1A in the amount of $1,071.25 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has a certificate of release of funds from working account letter of credit reduction from Sadsbury Commons, L.P., Sadsbury Commons Medical Office Development – Phase 1B in the amount of $183,491.73 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 1B in the amount of $183,491.73 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release of funds for Sadsbury Commons L.P. Sadsbury Commons-Phase 1B in the amount of $1,555.62 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-Phase 1B in the amount of $1,555.62 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, Medical Office Development- Phase 1B in the amount of $303,409.62 for the Board’s approval.

Ms. Silvernail made a motion, seconded by Ms. Horan to approve the release of funds from working account letter of credit reduction from Sadsbury Commons, Medical Office Development – Phase 1B in the amount of $303,409.62 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. MacCombie reported he has an Engineering Escrow release of funds for Sadsbury Commons L.P. for Sadsbury Commons – Phase 1B Lancaster General Hospital Medical Office Building in the amount of $2,236.88 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 – Phase 1B Lancaster General Hospital Medical Office Building in the amount of $2,236.88 per Mr. MacCombie’s recommendation. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Township Solicitor Report: Mr. Pompo stated that Ordinance 2012-02 is ready for the Board of Supervisor to consider adopting, but before that happens, Mr. Pompo stated that he thinks the volunteers from Sadsbury Fire Company should be heard on their concerns. David Reynolds, Sadsbury Fire Company President, stated he has heard many rumors about the Consolidation and he would like to take this time to get clarification. His concerns are as follows:

  1.  Will this consolidation eliminate Sadsbury Fire Company? Ms. Silvernail stated that Sadsburyville Fire Company would operate as always, they would just not be a part of the Consolidation.
  2. Would the Township change how the response territories are divided? Ms. Silvernail stated there are no plans to change the territories.
  3. Will the Township be assessed with a tax for the Fire District? Ms. Silvernail stated that this hasn’t been discussed.

Mrs. Silvernail stated that the Township needs the services of the volunteers and understands that the Fire Companies need money. It is the Supervisors job to provide funding so Fire Companies can fight fires and not worry about doing constant fund raisers. Ms. Silvernail stated the Township would not do anything behind the Fire Companies’ backs. If there are changes, the Fire Company would be informed; nothing is being done behind the scenes. Mr. Reynolds stated Sadsbury Fire Company attended meetings in the early discussions and felt the consolidation was not for them and pulled out. Mr. Reynolds stated he will be curious to see how it goes and wishes everyone good luck and happy to see that everyone can come together in agreement and all questions have been answered. Mr. Adam Grossman, from Sadsbury Fire Company stated that Sadsbury Fire Company covers 2/3 of the Township.

Mr. Pompo stated the Fire District will be known as the Keystone Valley Regional Fire District and the Commission will be known as the Keystone Regional Fire Commission.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to adopt Ordinance 2012-02 an Ordinance authorizing the Board of Supervisors to enter into an Intergovernmental Fire District Cooperation Agreement with Highland Township, Parkesburg Borough and West Sadsbury Township under the authority of the Intergovernmental Cooperation Act. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Pompo stated he had the Sewer EDU Report that was requested. In the report by Joel L. Frank, Esquire of the Lamb, McErlane Law Firm; it states the Township became aware that over a period of years the EDU flat sewer charge was erroneously billed on a per connection basis rather than a per EDU basis as required by the ordinances in effect at the time of billing. This resulted in a loss of sewer revenue to the township in the amount of $273,243.32 for the eleven year period from January 1, 2000 through December 31, 2011. The Second Class Township Code provides that it is the Township Treasurer who is to properly collect all amounts due the Township, such as revenues generated from the sewer system and separately the General Fund. The issues of concern are the commercial, industrial and multi-family dwellings but not individual residences. Pennsylvania American Water Company billed for customers who had both water and sewer and the Township billed for those who only had sewer services. To date, because of the back-billing incentive program implemented and the diligence of recovery efforts by the Township, just shy of 70% of the unbilled amounts over the last eleven years has now been collected with more recovery through the balance of this year expected. The report finds that there was no intentional wrong-doings or misappropriation by any involved individual. In the July 31, 2012 Maulo and Company audit for the year ending December 31, 2011; their statement for the review of internal controls found that a number of sewer accounts were incorrectly billed for EDUs purchased and in service at various properties. The billing error occurred over many years and was a material amount. The billing error was a result of the Township’s procedures not being followed in the set-up of new sewer accounts and the set-up process not being properly designed. It is recommended that the Township review the policies and procedures associated with the purchase of EDUs, the inspection and connection reporting, and the set-up of new accounts by the business office. The process should also include a review and sign-off by a second person.

Township Planning Commission Report: Mr. Greenfield reported that the Planning Commission met on July 11, 2012. The Planning Commission voted unanimously to recommend to the Board of Supervisors approval for the amended Site plan for the Lancaster General Hospital contingent on clean letters from Jamie MacCombie and Menke and Menke.

Township Zoning Report: Mr. MacCombie reported that the Braxton residence at 56 Hershey Lane received a letter concerning 3 abandoned cars. Mr. MacCombie stated that 2 weeks ago on an inspection, 2 cars were removed and 1 was repaired.

Mr. MacCombie reported that the trailer at 317 Compass Road was served with a cease and desist order.

Township Park Committee Report: Ms. Horan reported that she has a quote from Detailed Play Pro in the amount of $394.60 to upgrade 3 swings at Bert Reel Park.

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to accept the quote from Detailed Play Pro in the amount of $394.60 to upgrade 3 swings at Bert Reel Park. 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 12 calls for the month of July: 1 appliance fire, 4 assist EMS, 2 automatic alarm, 1 house, 1 motorcycle accident, 1 relocate, 1 odor investigation, and 1 trees. There were a total of 12 assists to other departments: caln 1, East Fallowfield 1, Sadsbury 8, Valley 1, and West Sadsbury 1. Time in service was 4 hours and 30 minutes and 29.67 man hours. Mr. Taylor reported for the month of July the ambulance responded to 51 calls: Sadsbury 20, West Sadsbury 12, Parkesburg 12, East Fallowfield 1, Highland 2, Valley Township 1, and Coatesville 1. Call Types were: medical 44, vehicle 3, fire 4, and recalled/refusal 16. Total number of transports was 28.

Sadsbury Fire Company Report: Mr. Grossman reported there were a total of 12 calls for the month of July: 2 house fires, 1 rapid intervention on a house fire, 1 odor investigation inside, 3 automatic fire alarms, 1 motorcycle accident, 1 appliance fire, 2 ambulance assists, and 1 auto accident with entrapment. Time in service was 8 hours and 64 miles traveled. Volunteer firefighters responding were 62.

Emergency Management Coordinator Report: no report

Chester County Airport Update: Mr. Roberts reported that August 20th is Pennsylvania National Aviation Day. There will be activities at Chester County Airport. October 6 is the Airports 50th anniversary and there will be an open house and expect an estimated 5,000 people to attend. There will not be an airshow. The Chester County Airport Authority is being sued. That information is available at the Airport.

Payment of Bills:

Ms. Silvernail made a motion, seconded by Mr. Greenfield, to pay the July invoices in the amount of $104,682.55. 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 pay the July Sewer invoices in the amount of $37,759.27. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Tabled Business

Ms. Susan Boswell, representing John Lymberis, stated that since the Board had reservations about approving a bond for Mr. Lymberis, when this was presented at the July 3, 2012 Board of Supervisors Meeting; a rider was attached to the original bond. Ms. Boswell presented Mr. Chip Breuninger, the insurance agent who secured the bond. Mr. Breuninger stated the bond supplier is Lexon Insurance Company. Mr. Breuninger stated it is a very stable company and the company was agreeable to change all jurisdictions to Chester County Courts. Ms. Boswell stated the bond would be for $178,000 minus the release of tonight from the working account letter of credit for Lafayette Square. Ms. Boswell stated there are not a lot of substantial improvements to be done. Ms. Silvernail stated she does not want to set a precedent and put the Township on a slippery slope. Mr. Breuninger stated if there needs to be collection from a bond, it does not require legal action; a claim just needs to be filed. Ms. Boswell stated she does not understand the hesitation; if the reason to say no is just attributed to an uneasy feeling. Ms. Boswell stated it is a benefit to the Township to help developers who are successful. Supervisor Ms. Horan stated she feels the Board is being pressured and believes there is a liquidity risk with a bond. Ms. Boswell stated the developer has paid thousands to have this bond put in place. Mr. Breuninger asked Ms. Horan what are the liquidity issues she is concerned about. Mrs. Horan stated that a letter of credit has more availability than a bond. Ms. Silvernail stated that a bond is not cash in the bank. A bond could put the Township in a financial situation and the main concern is that tax dollars should not be put in that position. Ms. Boswell stated that a Performance Bond also has obligations. Mr. Breuninger stated that if there is a claim by the Township Engineer, the Bonding Company will respond and will not walk away. Ms. Boswell stated that the money is for landscaping and storm water management which are years down the road, and this Bond will free up that money. Ms. Boswell stated that state law says there is an obligation to accept the bond. Supervisor, Mr. Greenfield stated he is inclined to keep the letter of credit; he is more comfortable with a letter of credit verses a bond. Ms. Silvernail stated the Board is not comfortable going with the bond. Ms. Boswell stated they will agree to cancel the bond, but needs the Board of Supervisors help to cancel the bond.

Ms. Silvernail made a motion, seconded by Ms. Horan, to cooperate with the developer regarding the cancellation of the bond for Lafayette Square. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Officer Imhoff requested attendance at a Firearms Instructor class given by the Pennsylvania State Police on October 8th -12th at the Allentown Police Academy. Ms. Silvernail stated there is no registration fee for the class. The only cost associated with the class is Officer Imhoff’s hourly wage. Ms. Horan stated her concern would be with what would happen if there is an officer that was not liked. Could that officer fail? Chief Groce stated guidelines on procedures would have to be instituted.

Ms. Silvernail made a motion, seconded by Ms. Horan to allow Officer Imhoff to attend a Firearms Instructor class given by the Pennsylvania State Police October 8th -12th at the Allentown Police Academy at no registration fee for the class and to pay Officer Imhoff his hourly wage. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. John Jaros, representing Bob Reese, the owner of Bull Dog Construction is presenting a sketch plan to the Board for a contractor shop at 110 Shamrock Lane. Mr. Jaros stated Bull Dog Construction is looking at 20 acres off Shamrock Lane owned by Lynn Hanaway to build a contractor shop in the I1 District. The Shop will be 6,700 square feet and consist of 3 garage bays and an office area. Public water and sewer are available. Mr. Reese stated he is not sure if there is a maintenance agreement. Mr. MacCombie asked Mr. Reese who will pave the road? Mr. Jaros answered that will need to be addressed. Ms. Silvernail stated that there is no maintenance agreement. Mr. MacCombie asked what kind of waste will be generated at the site. Will there be equipment repair and oil changes? Mr. Jaros answered yes. The Board agreed to allow Mr. Jaros to be placed on the August 15th Planning Commission Agenda.

Mr. Michael Gill, representing Lancaster General Hospital is before the Board requesting approval of an Amended Land Development Plan. Mr. Gill stated he has been before the Planning Commission and is asking for a minor improvement to the Medical Office Building. Mr. Gill stated that Lancaster General Hospital now owns the property. Mr. Gill stated he received a review letter from Mr. MacCombie’s office and also Menke and Menke. Both letters were clean review letters.

Ms. Silvernail made a motion, second by Mr. Greenfield, to approve the amended site plan for Sadsbury Commons, the Lancaster General Medical Office Building contingent on conditions of Mr. MacCombie’s letter dated July 19, 2012. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail stated that a window was broken on the Backhoe and Mr. Simmons, the Road Crew Foreman, received a quote to have the window replaced from Atlantic Tractor at a price of $212.55.

Ms. Silvernail made a motion, seconded by Mr. Greenfield to accept the quote from Atlantic Tractor for replacement of the window on the backhoe at a price of $212.55. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Mike Klingman of Octorara Glen thanked Mr. MacCombie for removal of the Arborvitae tree on Octorara Road.

Ann McGrail requested a copy of the Sewer Report from Mr. Pompo.

Todd Morgan apologized for not waiting for a grading permit approval to work on his property on Morris Lane.

Steve Miller from Compass Road asked Mr. McCombie if Compass Road was going to be oil & Chipped and he read in the last month’s minutes about storm drains on Compass Road. Mr. MacCombie responded that Compass Road will be oil & chipped as there is not enough dollars to do all that needs to be done. The storm water drains will not be placed as there is no funding as of yet.

Adam Grossman asked when Sadsbury Fire Company can expect the donation from the Township. Ms. Silvernail stated the money should be released in September.

Chief Groce thanked the Board for approving Officer Imhoff to attend the fire arms instructor course.

A resident of Lincoln Crest Trailer Park stated a tree is on her home and she has asked for month’s to have the tree removed. Is there anything the Township can do about abandoned trailers in the park being used for drug use. She stated the park is becoming a drug infested area. Ms. Silvernail suggested she provide more detail about her issues after the 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