Meeting Tuesday, August 2, 2011

A regular meeting of the Board of Supervisors was conducted on Tuesday August 2, 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.

Ms. Silvernail announced that the Board of Supervisors met in executive session on July 26, 2011 after the special meeting to discuss personnel matters and the Board met on August 2, 2011 at 5:00 p.m. to discuss a potential legal claim.

The moment of silence and pledge of allegiance was observed.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum 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 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 July the police patrolled 2,769 miles and handled 171 complaints from the public for: 2 burglary, 5 suspicious persons, 2 911 hang ups, 15 alarms, 17 domestics, 9 accidents, 2 disturbances, 5 assist to other departments, 1 harassment, 7 animal, 1 criminal mischief, 5 thefts, 1 assault. Seven traffic citations were issued, 1 parking ticket and 7 criminal arrests for 1 possession of narcotics, 3 assaults, 1 burglary, 1 harassment, 1 forgery. Six traffic checks and 14 property business checks were performed for the month.

Township Engineer report.

Mr. MacCombie reported that the Hanaway property was issued a cease and desist order for going beyond the grading permit that was issued. Mr. Hanaway informed Mr. MacCombie that he is preparing a revised grading permit. Mr. MacCombie reported that Mr. Hanaway requested to store rock material on said property but does not have a signed agreement with China. When he gets an agreement, Mr. Hanaway will apply for a conditional use hearing. Mr. MacCombie stated that Chief Groce provided him with a traffic study for Compass Road for (4) days. The report showed 200 vehicles Northbound each day with the average speed being 32 mph and the road is posted 35 mph. Mr. MacCombie stated that the Penn Dot standards require at least 750 vehicles a day to warrant any improvements. Mr. MacCombie stated that Chief Groce included Washington Lane traffic count since Old Wilmington Road was closed and the traffic counts have doubled and the vehicle speeds are the same. Mr. MacCombie acknowledged that he received the letter with regards to the Sadsbury Commons Medical Office Building from Penn Dot. Mr. MacCombie reported that he has prepared a certificate of release of funds from working account letter of credit reduction for Lafayette Square in the amount of $11,443.50 and an escrow release for engineering services to Sadsbury Township in the amount of $2,099.37 for the Boards consideration. Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the letter of credit reduction for Lafayette Square in the amount of $11,443.50 as per Mr. MacCombie’s 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 escrow release from Lafayette Square to Sadsbury Township for engineering services in the amount of $2,099.37 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 prepared a letter of credit account reduction certificate of completion for Sadsbury Arcadia Associates–Sadsbury Park Phase 2A in the amount of $14,661.58 and an escrow release from Sadsbury Arcadia Associates- Sadsbury Park Phase 2A to Sadsbury Township for Engineering services in the amount of $4,057.24 for the Boards consideration.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to approve the letter of credit account reduction certificate of completion to Sadsbury Arcadia Associates-Sadsbury Park Phase 2A in the amount of $14,661.58 as per Mr. MacCombie’s 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 escrow release from Sadsbury Arcadia Associates-Sadsbury Park Phase 2A for engineering services in the amount of $4,057.24 as 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 reported that the Board met in executive session before the Board meeting to discuss an agreement with Pennsylvania American Water Company sanitary sewer service to Sadsbury Township as a bulk customer. Mr. Pompo recommended the Township send a letter to Pennsylvania American Water Company requesting approval to connect to the existing PA Water Company pump station located on the west side of PA Route 10 south of route 30 in West Sadsbury Township.

Ms. Silvernail made a motion, seconded by Ms. Horan, to send a letter to Pennsylvania American Water Company requesting approval to connect to the existing PA Water Company pump station located on the west side of PA Route 10 south of route 30 in West Sadsbury Township. 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 Township Planning Commission met on July 13, 2011 at 7 pm. There was no old business to report. New business Art Herling subdivision plan on Maple Avenue did not appear.

Township Zoning report.

Mr. MacCombie reported that 2 shed, 1 deck and 1 fence permit were reviewed and approved. Mr. MacCombie received a construction storage compliant regarding the property of Todd Morgan Lincoln Highway. Mr. MacCombie issued a letter to Mr. Morgan, and since then Mr. Morgan has cleaned the property and moved his construction vehicles to a different location. Mr. Morgan was present in the meeting and stated that he currently has 2 pick up trucks on the property and removed all other equipment.

Township Park Committee report.

Ms. Horan stated some small vandalism has occurred at the concession stand and the park pavilion continues to rent through out the summer months.

Pomeroy Fire Company report.

Mr. Taylor reported that for the month of July a total number of alarms answered were 9 for 2 fuel on road, 1 fire , 1 relocate, 1 transformer, 1 ambulance assist, 1 gas leak, 1 mulch, 1 smoke investigation. Alarms were answered for 5 Sadsbury, 2 East Fallowfield, 1 New London, and 1 Parkesburg. Total time in service was 6 hours and 8 minutes.

Sadsburyville Fire Company report.

No report given.

Pomeroy Ambulance report.

Mr. Taylor reported for the month of July total calls were 57- for Sadsbury 15, Valley 1, Highland 3, West Sadsbury 10, East Fallowfield 5, Parkesburg 23, West Caln 3, and West Fallowfield 1. Call types were medical 33, vehicle 6, recalled 16, and scratched 1. Mr. Taylor reported that this was the first completed month of consolidated EMS with Parkesburg Fire Company and he stated a great job was done by staff and volunteers who made the responses and contributed to volunteering. Mr. Taylor was thankful for the continued support making Pomeroy EMS the up most professional service in the Western Chester County EMS.

Emergency Management Coordinator report

Mr. Taylor reported that he met with representatives from Arcadia to discuss emergency vehicle gate for connection into Fox Trail. The road will be a stone road and have a chain and lock on it. Mr. Taylor suggested a Knox box should be placed then removed later when the road is completed. Black Walnut Winery is prepared to have their Knox box installed.

Chester County Airport Authority update

Mr. Roberts stated that the Chester County Airport Authority did not meet in July.

Payment of Invoices:

Ms. Silvernail made a motion, seconded by Ms. Horan, to pay the general fund July invoices in the amount of $111,622.87. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Ms. Silvernail made a motion to pay the July sanitary sewer invoices in the amount of $34,184.01. 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 give the yearly contribution to Sadsburyville Fire Company in the amount of $18,000.00. 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 give the yearly contribution to Pomeroy Fire Company in the amount of $18,000.00. 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 give the yearly contribution to Parkesburg Free Library in the amount of $1,500.00. 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 give the yearly contribution to Coatesville Library in the amount of $1,500.00. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

New Business:

Mr. John Cucinotta president of Inter Media Group presented the Board with discussion of a proposal he prepared for the Township for (2) new work station computers. Mr. Cucinotta stated that each work station costs are $1,360.00, surge protector $29.95 per each computer, shipping costs per computer is $65.00 and the Microsoft office pro with adobe acrobat is $399.00 per computer. Mr. Cucinotta stated that the current software on the office computer is not licensed nor registered with Microsoft. Ms. Horan asked what kind of turn around time for replacement of any hardware. Mr. Cucinotta stated 24 hours and sometimes it’s with refurbished hardware or new. Ms. Horan asked how well the information in the computers is protected. Mr. Cucinotta stated this proposal is for the computer upgrade and he has also given proposals to upgrade the server and firewall next year. Mr. Pompo stated that currently the Township has an agreement with their company. Mr. Cucinotta stated that the service agreement is a service agreement on the current workstations; he added that the labor for installation is billed at the same contract rate. The new work stations have a (3) year warranty.

Ms. Silvernail made a motion, seconded by Ms. Sarbaum, to award the purchase of (2) new Dell workstations to Intermedia Group with complete set up and Microsoft office pro 2010 to cost $4,472.45. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Michael Gill Attorney representing Sadsbury Commons Medical Office Building presented the Board with a conditional final land development approval request. Discussed were the Sadsbury Commons Medical Office Building Development, the Penn Dot Highway Occupancy Permit and the storm water management facilities. Mr. MacCombie stated that construction costs will be changed if the Township decides to be responsible for the pipe in the Penn Dot right of way. Mr. Gill stated “no” costs will need changed because an inspector will be on site during the installation of the pipe. Mr. Gill stated that it is agreed that additional landscaping will be placed as requested by Menke & Menke. Mr. Pompo discussed a list of conditions of approval dated August 2, 2011.

The conditions of final subdivision and land development approval are set forth below. It is the understanding of the Board of Supervisors and the Township Solicitor that each of these conditions is acceptable to Sadsbury Commons, L.P. based upon communications and discussions which have occurred during the meeting of the Board of Supervisors at which the decision was considered on the final subdivision and land development plan approval.

The final plan as referenced in this correspondence includes plans and additional materials as follows:

Final Subdivision/Land Development Plan by Bohler Engineering, Inc. (“Bohler”) consisting of 24 sheets, last revised April 1, 2011 and as supplemented by Supplemental Storm water Management Plans Sadsbury Commons, L.P. Proposed Medical Office Development by Bohler last revised April 1, 2011 (collectively, the “Land Development Plans”);

In addition, the Land Development Plans shall include those additional materials, plans and correspondence as referenced in the Township’s consulting civil engineers’ letter of May 9, 2011, as further supplemented by this correspondence (the “Approved Development”).

The Applicant shall comply with each of the following conditions of final plan approval to the satisfaction of the Township prior to the signing and recording of the final plans:

Applicant shall comply in all material respects with comments by the Township’s Professional Consultants, and receipt of a written letter from the applicable Township Consultant confirming the same, as follows (all as applicable to the Approved Development):
1. Review Letter by Herbert E. MacCombie, Jr., P.E. Consulting Engineers & Surveyors, Inc. dated May 9, 2011. A copy of the May 9, 2011 letter is attached hereto as Exhibit A.
2. Review Letter by mince & menke, LLC dated May 11, 2011. A copy of the May 11, 2011 letter is attached hereto as Exhibit B.
3. Review Letter by Traffic Planning and Design, Inc. dated May 11, 2011. A copy of the May 11, 2011 letter is attached hereto as Exhibit C.
4. Review Letter by Herbert E. MacCombie, Jr., P.E. Consulting Engineers & Surveyors, Inc. dated May 9, 2011, pertaining to sewage facilities planning modules. A copy of the May 9, 2011 letter is attached hereto as Exhibit D.
The revised landscaping plan sheet 15 of 24, last revised June 30, 2011, showing additional landscaping along the northwest corner of basin area shall be subject to the review and approval of menke & menke, LLC.
The landscaping for street trees along the connector road may be deferred until the development of the shopping center, provided that in no event shall the installation be deferred for more than five years. The Applicant shall provide an escrow for the installation of the street trees with a five year escalator based upon the Philadelphia region CPI.
Approval of sewage facilities planning modules for the temporary on-lot sewage facilities to serve the medical office building as described in the planning modules with a design capacity of no less than 1,475 gallons per day.
Applicant shall, at its sole cost and expense, complete a Special Study to revise the Township’s Act 537 Official Plan in order to establish the underlying sewage planning for the following objectives, which such Special Study the Township shall review and act upon in good faith in its reasonable discretion as provided for in law:
1. Creation of a new public sanitary sewer district within the jurisdictional limits of the Township and which will include the Property and other parcels within a reasonable geographical area of the Property (the “Sadsbury Township Western Sanitary Sewer District”) which will not utilize the portion of the existing sanitary sewer system tributary to the existing sewage pump station located at Stottsville.
2. Facilitation of a Bulk Purchase Agreement between the Township and Pennsylvania American Water Company (PAWC) to allow the Township to purchase from PAWC such sanitary sewage treatment capacity as may be needed to meet reasonably identifiable public sanitary sewer service needs for users within the Sadsbury Township Western Sanitary Sewer District (the “Bulk Purchase Agreement”).
3. Revision of the Township’s Act 537 Official Plan to include the Approved Development within the new public sanitary sewer district.
The Applicant shall reserve six (6) EDUs for the Approved Development consistent with the temporary on-lot sewage facility design capacity of 1,475 gpd, as the permanent public sewer alternative for the Approved Development. In the event the actual flow data shows that the actual use attributed to the Approved Development generates less (or more) actual flow, the amount of reserved EDUs will be adjusted accordingly to the satisfaction of the Township engineer. The Township agrees to allocate such six (6) EDUs of capacity from the 100 $525 EDUs (as hereinafter defined) within the sanitary sewage treatment capacity owned or controlled by the Township, upon purchase or reservation of the capacity within 60 days of the date of final land development approval, and thereafter consumed with five years of the date of final land development approval.1 In the event the capacity is not consumed within five years of the date of final land development approval, the Applicant may continue to reserve the capacity for the Approved Development through the payment of reserved capacity fees pursuant to Ordinance No. 2009-07, as may be amended from time to time.
The Township agrees to the following with regard to the proposed Sadsbury Township Western Sanitary Sewer District:
1. Allocate the 100 $525 EDUs of capacity to the Sadsbury Township Western Sanitary Sewer District, and maintain the allocation of the 100 $525 EDUs to the District for a minimum period of five years from the date of this final land development approval, provided that the Applicant or any other potential user within the District may acquire (or reserve) so much sanitary sewage treatment capacity from the 100 $525 EDUs as the Township may deem reasonably appropriate for future development pursuant to a Capacity Acquisition or Reservation Agreement to be entered into between Township and user.
2. Allocate additional capacity to the Sadsbury Township Western Sanitary Sewer District as available pursuant to the Bulk Purchase Agreement between the Township and PAWC as may be needed to meet reasonably identifiable public sanitary sewer service needs for users within the Sadsbury Township Western Sanitary Sewer District, and maintain said allocation for a minimum period of five years from the date of this approval, provided that the Applicant or any other potential user within the District may acquire (or reserve) so much sanitary sewage capacity from the said additional capacity as the Township may deem reasonably appropriate for future development pursuant to a Capacity Acquisition or Reservation Agreement to be entered into between the Township and user.
3. Calculate a separate sewage tapping fee with regard to the Sadsbury Township Western Sanitary Sewer District in accordance with Act 57 of 2003.
Applicant shall pay the traffic impact fee pursuant to Ordinance No. 2008- 06 in the amount of $268,380.00 for the medical office building prior to the issuance of the building permit.
Applicant shall obtain from Pennsylvania Department of Transportation (PennDOT) such Highway Occupancy Permit(s) as may be necessary to permit access to Commonwealth-owned roadways as depicted on the Land Development Plans or as may otherwise be approved by PennDOT and the Township. Approval of Township to become permittee or co-permittee of any such Highway Occupancy Permit relating to stormwater facilities within the PennDOT right of way shall be subject to the approval by the Township of any stormwater facilities of which the Township agrees to have maintenance responsibilities, and compliance with the comments set forth in the Township Solicitor’s memorandum dated July 5, 2011, to the satisfaction of the Township Solicitor. A copy of the July 5, 2011 memorandum is attached hereto as Exhibit E.
Applicant shall obtain from Chester County Conservation District Erosion and Sediment Control Plan approval and a NPDES Permit with regard to the Approved Development.
Applicant shall obtain and present to the Township written confirmation that the holder of the telephone / communication easement to which reference is made at Sheet No. 5 of the Land Development Plans (Existing Conditions Plan) (such easement being memorialized in the document recorded in the Office of the Recorder of Deeds at Deed Book 82, Page 367) acknowledges the Approved Development and relocation of such easement as necessary to facilitate the Approved Development.
Applicant shall obtain and present to the Township confirmation that the Approved Development shall be served by a public water supply.
Applicant shall obtain and present to the Township confirmation that the Approved Development shall be served by electrical and/or natural gas public utility(ies).
Applicant shall execute and deliver to the Township the following documents in form customarily accepted by the Township:
1. Land Development Agreement;
2. Financial Security Agreement (with financial security as determined pursuant to Section 509 of the MPC, 53 P.S. § 10509);
3. Stormwater Management Best Management Practices Operations and Maintenance Agreement;
4. Landscape Restrictive Covenant;
5. Stormwater Facilities Construction, Maintenance, Financial Assurance and Indemnification Agreement.
Within thirty (30) days of the date of this Resolution, and pursuant to Section 503 of the MPC, 53 P.S. § 10503, Applicant shall pay to the Township any outstanding invoices associated with this matter.

Ms. Silvernail made a motion, seconded by Ms. Horan, to grant Sadsbury Commons Medical Office Building final conditional land development approval contingent upon all outstanding comments be resolved with all Township professional consultants and the conditions drafted by Mr. Pompo. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Mr. Gill requested that the Board of Supervisors accept the Resolution for the Sadsbury Commons Facilities Planning Module and Transmittal Letter contingent upon the review and approval of Mr. MacCombie. Mr. MacCombie stated that he has no issues with the Board making the approval contingent upon his review.

Ms. Silvernail made a motion seconded by Ms. Horan, to adopt Resolution 2011-00 pertaining to the sewage facilities planning module and transmittal letter contingent upon the review and approval of Mr. MacCombie. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

The Board discussed that the Zoning Ordinance Update Committee held (2) public meetings with property owners Richard Dague, Donald Bedrick, Lynn Hanaway, Donald Hostettler, Mr. Zook and Donald Cairns. They were requesting changes to the most recently adopted zoning Ordinance. The first meeting conducted allowed each individual to express their concerns with the newly adopted Ordinance. The second meeting the committee deliberated the specific requests which were made. Regarding the request presented by Mr. Cairns, Mr. Bedrick, Mr. Hanaway, Mr. Zook and Mr. Hostettler the Committee decided not to take action; therefore no recommendation to amend the current Zoning Ordinance was made. The Committee agreed to recommend that the Planning Commission and the Board of Supervisors should consider an amendment to the adopted Zoning Ordinance which includes a provision that was previously incorporated in October 31, 2001 Zoning Ordinance. That provision would be reinsertion of the appropriate language found in the old Section 1106: Special Sadsbury Village Development Overlay, added February 17, 2004, and specifically provision 1106 C-1: development Overlay District 1 for the Dague Property. The Board agreed to have Mr. Grafton draft an amendment for the current Zoning Ordinance.

Ms. Silvernail made a motion, seconded by Ms. Sarbuam, to authorize Mr. Grafton to prepare the draft amendment to the Zoning Ordinance. With there being no questions from the public, the Board voting “aye”, the motion passed unanimously.

Public Comment:

Mr. Earl Taylor received a request from the county to provide them with a list of all Township equipment. Mr. Taylor stated with Old Wilmington Road being closed the emergency gate at Quarry Road into Bellaire Business Park is working well.

Clark Faggioli stated that he is a 13 year resident of Compass Road and is concerned over the increased traffic on Compass Road and the high rate of speed the vehicles are traveling. Mr. Faggioli stated on August 29, 2011 he parked his vehicle at the end of his driveway on 120 Compass Road and did a vehicle count during the hours of 5:25 and stopped at 6:50. He stated the results were 10 work trucks, 4 Amish vans, 1 Veterinarian truck and 2 Harlan Motors test drive. On the same day he was walking along the shoulder of the road when a sports car approached at a high rate of speed. Mr. Faggioli ran to his car and chased the sports car. The driver pulled over and Mr. Faggioli asked for ID. Mr. Faggioli questioned the man on where he was going, and he stated he was late for work. The Board requested Chief Groce place more patrols on Compass Road.

John Lymberis commented to Mr. Faggioli that Compass Road has a history that goes back several years of complaints of traffic and assured Mr. Faggioli that the Board is working hard to make it right. The Board stated that they will continue to work on the issues regarding Compass Road.

Mr. Fox a resident of Octorara Road stated that he saw a pumper truck on the bridge at Octorara Road pumping water out of the creek.

With there being no further business, Ms. Silvernail made a motion, seconded by Ms. Horan, to adjourn the regular meeting of the Board of Supervisors

Respectfully submitted

Lisa Myers
Secretary/Treasurer