EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – June 3, 2019
There was a brief Executive Session to discuss a legal matter prior to the Board meeting.
Chairman Sarro called the meeting to order at 7:00 p.m. with the following people in attendance: Supervisors McKinstry, Lacy and Jameson, Planning Commission Chairman Walkerand Engineer Hatfield as well as Solicitor Unruh. Mr. Hannum was not present.
Hearing on Solicitation Ordinance.There were no public comments on the Ordinance so Chairman Sarro closed the hearing.
Pledge of Allegiance and Public Comment Period.East Marlborough resident Shelley Mincer complimented the township on the paving of Wollaston Road and asked if the ripples on School House Road could be addressed. Public Works Director Simpson stated that School House Road was scheduled to be milled this summer which should address the issue.
Approval of Minutes.The Supervisors voted unanimously 4-0 to approve the minutes for the May 6 meeting.
Escrow Releases.
Walnut Walk – Phase 1.Engineer Hatfield recommended an escrow release in the amount of $82,798 for work that had been completed on Phase I of the Walnut Walk subdivision. The Supervisors voted 4-0 to approve the release.
Walnut Walk – Phase 2.Engineer Hatfield recommended an escrow release in the amount of $165,331.33 for work that had been completed on Phase II of the Walnut Walk subdivision. The Supervisors voted 4-0 to approve the release.
Longwood Preserve. Engineer Hatfield recommended an escrow release in the amount of $478,596.42 for work that had been completed at the Longwood Preserve subdivision. After the release there will still be at least 10% in the contingency funds plus an additional $80,000 for any work that may need to be done on the downstream neighbor’s pond. The Supervisors voted 4-0 to approve the release.
Resolutions 2019-14 and 2019-15.Parke Bank, issuer of the Letter of Credit for Longwood Preserve, required a Resolution to formalize the escrow releases for the project. Resolution 2019-14 was to approve the May release of $292,999.95. Resolution 2019-15 was to approve the June release of $478,596.42. The Supervisors voted 4-0 to approve the Resolutions.
Bond Refinance Opportunity.Dan O’Brien, Director of Municipal Finance for RBC Capital Markets, briefed the Supervisors on bond market conditions and explained that the Township could realize significant savings if it refunded the 2014 Bond Issue. Mr. O’Brien handled the 2014 issue that financed $7.8 million in debt from the 2009 and 2006 bond issues that financed the Route 82 (Cedarcroft) expansion of the sewer system. Mr. O’Brien stated that under current market conditions the Township could realize approximately $168,000 in savings. Mr. O’Brien suggested that due to market fluctuations the savings could be either higher or lower than the current estimated net present value savings. He suggested that savings of $100,000 would be a reasonable minimum amount to set in the bond purchase agreement.
Helen Mountain, Bond Counsel for the Township, stated that if the Township was interested in proceeding with refinancing the Supervisors would need to pass Ordinance 2019-02 to authorize incurring debt as well as the Bond Purchase Agreement and addendum which would establish the required savings in order to proceed with the sale of the 2014 bonds. Ms. Mountain stated that U.S. Bank, N.A. had been the paying agent for the 2014 and could be selected as the paying agent for the 2019 issue.
The Supervisors voted 4-0 to approve Ordinance 2019-02 authorizing and directing the incurrence of a maximum amount of $8.0 million in debt. They also approved the Bond Purchase agreement and Addendum which set the required minimum savings at $100,000 and authorized U.S. Bank, N.A. as the paying agent for the bonds.
Royal Farms Conditional Use Order.Solicitor Unruh read each condition and the Supervisors voted in the following fashion.
- The use and development of the Property shall be substantially in accordance with the testimony and exhibits presented at the hearing and in conformity with the Findings of Fact set forth hereinabove, except as specifically modified by the conditions set forth below. Without limiting the foregoing, the maximum intensity of the development of the site shall be in accordance with the plan submitted as Exhibit A-17, as follows:
- A 3,558 square foot bank with a drive-through;
- A 5,280 square foot 8 MDP fuel canopy Royal Farms gasoline service station and 5,189 square foot retail facility; and
- A 25,500 square foot two-story medical office building.
The Supervisors voted 4-0 to approve the condition.
- The land development plan to be submitted pursuant to the Township’s Subdivision and Land Development Ordinance shall be substantially in accordance with the Alternate Conditional Use Site Plan submitted as Exhibit A-17.
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The Supervisors voted 4-0 to approve the condition.
- Applicant shall obtain land development plan approval from Kennett Township only if required by Kennett Township.
The Supervisors voted 4-0 to approve the condition.
- Applicant shall comply with the recommendations of both the fire chief and also the police chief to the extent required by this Board. In particular, Applicant shall address the lack of perimeter access on two sides of the Royal Farms building with respect to fire safety and security. Also, Applicant shall implement any necessary alterations to assure public safety (including interior site circulation for emergency vehicles).
The Supervisors voted 4-0 to approve the condition as it was originally drafted as reflected above.
- The Applicant shall construct, at Applicant’s expense, a handicap accessible sidewalk to accommodate pedestrian and bike use to a minimum width of 8 feet along the frontage with Baltimore Pike.
The Supervisors voted 4-0 to approve the condition.
- There shall be no visibility of rooftop HVAC, plumbing or other equipment from Route 1 and neighboring properties. All such equipment must be screened from view utilizing a pent roof or similar method, with a height of the screen material to be at least as high as the top of the equipment.
The Supervisors voted 4-0 to approve the condition with edits as reflected above.
- The appearance of the buildings shall be substantially in accordance with the styles and building materials predominating in the Baltimore Pike corridor of the Township, to wit, that the materials shall be predominately brick face with a pitched roof, using a standing seam metal roof, unless variations are approved by the Board of Supervisors. In addition, glass windows shall not extend down to floor level. At the time of review of Applicant’s land development plans, Applicant shall submit renderings of the appearance of the buildings for review and approval by the Board of Supervisors.
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The Supervisors voted 4-0 to approve the condition.
- Applicant shall provide public water and public sanitary sewer service to the proposed buildings before any certificates of occupancy shall be issued.
The Supervisors voted 4-0 to approve the condition.
- Deliveries for the rear of the Royal Farms facility shall be between 7:30 A.M. and 9:00 P.M., Monday to Friday; 8:00 A.M. to 6:00 P.M. on Saturday, and no deliveries on Sunday.
The Supervisors voted 4-0 to approve the condition.
- In May 2019 Applicant shall conduct new traffic counts on School House Road in the study area. Projected levels of service and queuing issues at the intersection of School House Road and Onix Drive as a result of the proposed land development, compared to the design year without development conditions for the Property with the PennDOT improvements, will be evaluated with the new traffic counts. As a result, Township reserves the right to require Applicant to make highway improvements to the intersections of School House Road with Onix Drive and Route 1, which may include road widening to accommodate an additional lane. The Township will reasonably assist Applicant in obtaining any required right-of-way with Applicant reimbursing the Township for all reasonable costs related thereto.
The Supervisors voted 4-0 to approve the condition.
- Applicant shall implement a traffic simulation of the study area using SimTraffic software to demonstrate how the Route 1 corridor will operate after the PennDOT improvements have been installed and all of the proposed uses on the Property are in operation. The results of the SimTraffic simulation shall be presented to PennDOT. Furthermore, the Township traffic engineer shall be invited to all meetings with PennDOT officials with respect to Applicant’s Highway Occupancy Permit applications.
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The Supervisors voted 4-0 to approve the condition.
- PennDOT has required Applicant to prepare and implement an Alternative Transportation Plan (ATP) to mitigate impacts to the intersection of Route 1 and School House Road. The ATP, the improvements identified in the (ATP) and any other offsite improvements shall be developed with input from the Township Traffic Engineer and shall receive approval by the Board of Supervisors. The improvements shall address, but not be limited to: i) queuing on southbound School House Road at the intersection with Route 1 to ensure that queues do not adversely impact the operation of the intersection of School House Road and Onix Drive; ii) queuing on eastbound Route 1 at the intersection with School House Road, which is shown in the November 9, 2018 Transportation Impact Study to extend to the merge point with Old Baltimore Pike, to ensure that there are sufficient gaps in traffic for vehicles to weave in the area between Old Baltimore Pike and School House Road; iii) queuing in the proposed westbound Route 1 left turn lane to ensure that queues do not extend into the through lane. The Applicant shall implement the recommended improvements at its cost.
The Supervisors voted 4-0 to approve the condition.
- Access to the signalized intersection shall not be permitted prior to the completion of the PennDOT construction project which will add additional eastbound and westbound through lanes.
The Supervisors voted 4-0 to approve the condition.
- The building permit for the Royal Farms facility shall not be issued until the PennDOT construction project contracts have been awarded.
The Supervisors voted 4-0 to approve the condition.
- The Royal Farms facility shall not be permitted to open until PennDOT adds the additional eastbound and westbound through lanes and the revisions to the signalized intersection are permitted and operational.
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- However, Applicant may amend the conditional use application and plan, and the HOP application with PennDOT.
The Supervisors voted 4-0 to approve the condition.
- Applicant shall comply with all requirements in the Environmental Covenants, including but not limited to, conducting vapor testing and implementing required construction procedures.
The Supervisors voted 4-0 to approve the condition.
- Applicant’s stormwater management plan and post-construction management plan shall ensure that the volume and rate of runoff from the Property does not increase and/or worsen flooding conditions on lower-lying properties. The parking lot inlets shall be designed to comply with standards applicable to high-quality streams.
The Supervisors voted 4-0 to approve the condition.
- Applicant shall provide landscaping and lighting in accordance with applicable ordinance standards, with the final details thereof to be subject to further review by the Township Engineer and the Township Landscaping and Lighting Consultants during land development plan review stage. In particular, Applicant shall comply with Township Landscape Consultant’s recommendations regarding the specimen trees and the prevention of adverse impacts from construction or impervious surface. This may require the adjustment of building location or size or other engineering controls to protect the trees. The Applicant shall also provide adequate buffering for residential properties in Kennett Township to the South of the Property consistent with the buffering standards in the Ordinance and the recommendations of the Township’s consultant.
The Supervisors voted 4-0 to approve the condition.
- All trash pick-up shall be between the hours of 7:30 a.m. and 8:00 p.m., Monday through Friday, and the hours of 8:00 a.m. and 6:00 p.m. on Saturdays. There shall be no trash pick-ups on Sundays.
The Supervisors voted 4-0 to approve the condition.
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- The signage for the Property shall be in conformity with applicable Zoning Ordinance requirements unless future relief is obtained.
The Supervisors voted 4-0 to approve the condition.
- For each use on the Property, Applicant shall provide a number of parking spaces equal to the number of required handicapped parking spaces with electric motor vehicle recharge stations or the capability to access electricity for trickle chargers.
The Supervisors voted 4-0 to approve the condition.
- The Applicant shall secure all permits and approvals necessary for construction of the project, prior to the commencement of construction. Such permits and approvals shall include, but not be limited to (i) Chester County Conservation District approval of the Erosion and Sedimentation Control Plans, (ii) Township approval of the Post-Construction Stormwater Management Plans, (iii) DEP approval of the planning module or exemption for sewage treatment and disposal and (iv) PennDOT Highway Occupancy Permit.
The Supervisors voted 4-0 to approve the condition.
- The Applicant shall make a contribution for the acquisition or improvement of firefighting, rescue, ambulance, and other emergency services, equipment, securing the safety of the proposed development, its employees and customers. The amount of this emergency services contribution shall be at the rate of $400 per 1000 square feet of total floor space, being a total of $13,788.80, due at the time of the issuance of the first building permit.
The Supervisors voted 4-0 to approve the condition.
- The Applicant shall assume responsibility for a proportionate share of the Baltimore Pike (Route 1) Highway Improvement Program. Based upon the testimony of 2,682 new daily trips for the development, Applicant shall make a payment to the Baltimore Pike Improvement Fund in the amount of $257,472.00 ($96.00 per trip). The payment shall be made to the Township at the time of issuance of the first building permit. The cost to make any required offsite traffic improvements, as noted in Conditions 10 and 12 offsite improvements, shall be credited against this obligation.
The Supervisors voted 4-0 to approve the condition.
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- The Applicant shall post performance guarantees for the installation of all improvements necessary for the protection of public health, safety and general welfare, including the stormwater management, landscaping and lighting facilities required by this Opinion and Order.
The Supervisors voted 4-0 to approve the condition.
- Except as modified by the conditions of this Order, Applicant shall comply with all requirements of the Township’s Subdivision and Land Development Ordinance and applicable provisions of the Township’s Stormwater Management Ordinance, unless specific waivers are granted by the Board of Supervisors during the course of review of the land development plans.
The Supervisors voted 4-0 to approve the condition.
- The Applicant’s project shall substantially conform with all representations made during the conditional use hearing, whether or not specifically referenced in this Order or in the Findings of Fact and shall otherwise comply with all Applicable Law. Without limiting the foregoing, the project shall conform with all physical performance requirements set forth in Zoning Ordinance Section 1811, unless a more stringent requirement is required by this Opinion and Order. This may require the adjustment of the density, layout or square footage approved in this Order.
The Supervisors voted 4-0 to approve the condition.
- All necessary permits shall comply with the PA Uniform Construction Code (PAUCC), including building permits for modifications or fit-outs to existing structures.
The Supervisors voted 4-0 to approve the condition.
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- The Board of Supervisors reserves the right to make such modifications to the project as may be requested by Applicant as the Board of Supervisors deems to be in the public interest, without the necessity of reopening the Conditional Use hearing, subject to the Board’s providing prior notice of the proposed substantial modifications to the parties of record in the hearing.
The Supervisors voted 4-0 to approve the condition.
- The Applicant shall, within sixty (60) days of the date hereof, reimburse the Township for Township expenditures related to this Application, including all fees payable to Township consultants, the Township legal counsel and costs of the court stenographer for appearances and transcripts.
The Supervisors voted 4-0 to approve the condition.
The entire Order was approved with a vote of 4-0.
Toll Brothers Escrow.Eningeer Lisa Donlon reviewed the recommended escrow for Toll Brothers Development. Vandemark& Lynch recommends an escrow of $3,165,669 for erosion and sediment control and public improvements for the development. The Supervisors voted 4-0 to approve the escrow amount.
Ordinance 2019-01. The Ordinance repeals 2013-02 and creates new regulations for peddling and soliciting throughout the Township. The Supervisors voted 4-0 to approve the Ordinance.
Fire Hydrants.Supervisor Lacy would like a meeting arranged with Longwood Fire Company and Po-Mar-Lin to discuss the flow rates of hydrants located throughout the township. Supervisor Sarro, Planning Commission Chairman Walker and Building Inspector Charlie Shock would also like to attend the meeting. Manager Prysock said she would arrange the meeting.
Longwood Preserve/Northridge Emergency Access Route. Gerry McCormick who represents the owners of Everfast inquired whether the township would oppose changing the emergency access route that had been approved for the Longwood Preserve and Northridge developments. The Supervisors indicated that if the engineering could be done and all parties agree to the change the township would not oppose it.
Approval of Vision Partnership Program.The Supervisor approved the contract
for the $28,500 grant from the county to update the Open Space, Recreation and Environmental Resources Plan with a vote of 4-0.
Verizon Cable Franchise Agreement.Manager Prysock briefed the Supervisors on the effort by the Chester County Managers Consortium to work together to efficiently negotiate the cable franchise agreements with Verizon. 19 municipalities have agreed to work to get the best representation at the lowest cost. The Cohen Group has presented a contract to represent the township at a rate of $4,550. The Supervisors approved the contract for Cohen Law Group to represent the township in the negotiations with Verizon.
Database Service Contract.Manager Prysock presented a proposal from TRAISR to provide asset and permit management software to the Township. The product will meet the needs for Administration and Public works departments. The cost to set up the system and migrate historic information is estimated to be $7,500 to 10,000. The monthly fee will be $1,800. The Supervisors voted 4-0 to approve the software contract.
Bills.By a vote of 4-0 the Supervisors approved payment of invoices with the following totals:
General Fund: $ 92,337.13
Payroll: $62,638.17
Sewer Fund: $225,067.08
Park Fund: $ 68.97
State Fund: $ 235,002.47
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
The meeting adjourned at 10.05p.m.
Respectfully submitted,
Laurie Prysock, Township Manager
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – June 3, 2019– 7:00 P.M.
Subject to change
Immediately preceding the meeting there will be a hearing on the proposed Solicitation Ordinance.
- Call to Order and Pledge of Allegiance,
- Public Comment Period
- Approval of Minutes of May 6, 2019
- Escrow Releases
- Walnut Walk Phase I
- Walnut Walk Phase II
- Resolutions 2019-14 and 2019-15 Escrow releases for Longwood Preserve
- Discussion on proposed Ordinance 2019-02 to refund the 2014 Bond Issue – presented by Dan O’Brien with RBC Capital Markets
- Conditional Use Order for 802 E. Baltimore Pike (Royal Farms)
- Toll BrothersEscrow Recommendation
- Ordinance 2019-01 Solicitation
- Discussion about Fire Hydrants
- Discussion on relocation of Longwood Preserve and Northridge Emergency Access Driveway
- HARB Certificate of Appropriateness for Po-Mar-Lin
- Vision Partnership Grant Contract
- Cable Franchise negotiation agreement
- Request for authorization to purchase TRAISR Software system for Public Works and Administration
- Bills
- Treasurer’s Report