EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – November 5, 2018
Swearing-In of Supervisor Bruce Jameson.Chairman Hannum administered the Oath of Office to Mr. Jameson and the Supervisors and residents welcomed him to the Board.
Solicitor Frone Crawford opened the legislative hearing on the addition of 23.6 acres on Byrd Road owned by Lauren Mayne to the East Marlborough Township Agriculture SecurityArea(ASA). Mr. Crawford noted that the proposed addition to the ASA had been properly advertised and notices were sent to adjoining property owners. The Township did not receive any comments on the proposed addition. Mr. Crawford closed the hearing.
Mr. Crawford opened the hearing to modify the East Marlborough Township Historic Resources map. The modification would add 25 properties to the existing map which contains 138 properties. Mr. Crawford asked Historic Committee Chairman John Rosecrans to give an overview of the process to add the properties.
Mr. Rosecrans said the committee had identified 25 properties that had been inadvertently missed when the historic resources map was completed years ago. The Committee sent letters to the property owners in May to give them notice that the Historic Committee was interested in adding their property to the resources map. Additionally, the property owners were invited to attend the Septmber 10th Historic Committee meeting if they had any questions or concerns about their property being added to the map, two property owners attended. On October 10th the Historic Committee sent another letter to the property owners alerting them of the hearing and vote to amend the map.
Ms. Jane Richardson with Riley Riper Hollin and Collegreco informed the Supervisors that she had been retained by Longwood Gardens regarding the addition of 454 E. Street Road to the Historic Resources Map. Longwood Gardens wanted additional time to review the potential impact of being added to the Historic Resources Map and asked the Supervisors to remove that property from the list under consideration. Mr. Crawford said the list including 454 E. Street Road would be voted on later in the meeting but if Longwood felt that the property didn’t meet the definition of a historic resource as defined by the East Marlborough Township Zoning Ordinance they could appeal at a later date. Mr. Crawford closed the hearing.
Chairman Richard Hannum, Jr. called the public meeting to Order at 7:10p.m. Those in attendance included: Supervisors John Sarro, Julia Lacy, Robert McKinstry, Bruce Jameson, Solicitor Frone Crawford,Engineer Jim Hatfield as well as Planning Commission Chairman Cuyler Walker.
Pledge of Alliance and Public Comment Period.Cedarcroft resident Ruthie Kranz-Carl spoke on behalf of approximately a dozen residents who were concerned about speeding on W. Locust Lane. Mrs. Kranz-Carl noted that the township had been responsive to complaints in the past but the solutions were temporary and they are seeking a permanent solution to speeding. Specifically, Mrs. Kranz-Carl would like the Supervisors to consider adding three traffic calming measures: stop signs at Fairthorn and Beverly, speed humps and additional enforcement.
Residents Bill Messick, Chris Yeager, Lori Townsend, Ken Nicholls, Mary Paxon, Tracy Jameson, Mike Smith and Alison Bennett also spoke about their concerns regarding speed and safety.
Chairman Hannum asked Vice Chairman Sarro to meet with a small group of residents to work on the issue, Supervisor Lacy said she would also like to participate. Mr. Sarro said he would ask Chief Clarke to perform a speed study prior to the meeting so they had data on the rate of speed and percentage of vehicles that speed. Supervisor Jameson, a resident of Cedarcroft, will help facilitate the meeting.
Resident Shelley Mincer asked the Supervisors to consider adding white guide lines to the edges of Unionville-Lenape Road.
Approval of Minutes.The Supervisors voted unanimously 5-0 to approve the minutes for the October 1stmeeting.
Marlboro Springs Escrow Release #5.Based on the recommendation of Engineer Jim Hatfield an escrow release was requested in the amount of $39,600. The Supervisors voted 5-0 to approve the release.
Longwood Preserve Escrow Release #4.Based on the recommendation of Engineer Jim Hatfield an escrow release was requested in the amount of $728,561.25 including $31,167.41 from contingency funds. The Supervisors voted5-0 to approve the release.
TD Bank termination of Land Development Plan and request for return of escrow.TD Bank provided a time stamped Termination of a Land Development plan which had been recorded with the Chester County Recorder of Deeds. Since the bank is not going to develop the site on E. Baltimore Pike they requested a return of their Letter of Credit in the amount of $149,872. The Supervisors voted 5-0 to accept the termination letter and return the letter of credit.
Longwood Village Shopping Center.Kevin Lahn represented the Longwood Village Shopping Center to request approval to change the color of the roof from green to black or charcoal gray. Solicitor Crawford advised the Supervisors that they could handle the matter administratively as it wouldn’t change the Condition from the Conditional Use hearing it would just reflect a change in the rendering of the Center.
Planning Commission Chairman Walker stated that the renderings presented might require an amendment to the Conditional Use Order due to the fact that Ulta, Carters and Ross stores show windows to the ground and he believes the Order required 18” of brick at the bottom. Mr. Lahn said he was not aware of that condition but he would check with the tenants to see if they were agreeable to the change.
The Supervisors voted 4-1 to approve the request to change the roof color of the Shopping Center from green to either black or charcoal gray, Ms. Lacy opposed the change.
Final Plan approval request for 223 E. Street Road – Paredes Property.Mr. Thomas Tran with Commonwealth Engineers presented a request to the Supervisors for a two lot subdivision at 223 E. Street Road. The property consists of a 7 acre lot with one home and accessory building currently on the property. The applicant had requested and was granted a FEMA Flood Map change and also a Special Exception from the East Marlborough Township Zoning Hearing Board for a Flood Plain Crossing for the proposed new driveway.
Plan approval requires the Supervisors grant waivers for the following items:
Section 502.C.13 – From providing a shadow analysis; and;
SWM Section 306 – From requiring infiltration of stormwater runoff.
Engineer Hatfield said the requirement to manage the stormwater would be accomplished by methods other than infiltration because of the proximity to the floodplain.
Based on feedback from the Supervisors at the October meeting, the applicant had added a berm to divert any water that may flow onto the property from the emergency spillway.
The Supervisors voted 5-0 to approve the subdivision and grant the two requested waivers. Traditions resident Ann Einstein asked the Supervisors to reconsider the subdivision based on the wetlands. Mrs. Einstein presented photos of the property and said they wetlands are more extensive that what was represented on the map. She also raised a concern about Traditions being responsible for any damage to the property if their stormwater management systems failed. Mr. Hatfield stated that based on FEMA maps and on-site inspections he felt confident that the delineation of the wetlands were correct. Mr. Crawford stated that financial risk to the Traditions HOA was not a valid reason for denying Mr. Parades to use his property as allowable under zoning.
HARB Certificate of Appropriateness for 101 Poplar Tree Road.Solicitor Crawford advised the Supervisors that they should confirm the use for the proposed structure prior to accepting the Certificate of Appropriateness. Mr. Crawford then asked the applicant Mr. Josh Bricker what the use would be of the new structure. Mr. Bricker stated that the structure would be used to store his personal collection of classic cars. Mr. Crawford stated that the structure could not be used as rental storage for cars or any other commercial use.
The Supervisors accepted the Certificate of Appropriateness based on Mr. Bricker’s assurance that the structure would be a residential accessory structure not to be used commercially with a vote of 5-0.
Unionville Park Entrance.Mr. Walker gave an overview of the long-range plans to improve the functionally and aesthetics of the entrance to the Unionville Community Park. Mr. Walker said a committee of residents had been exploring options for the buildings that previously housed the Po-Mar-Lin Ambulance and the Unionville Grange. Based on the conditions of the buildings and zoning restrictions on use, the committee had previously recommended demolishing the buildings. Working with Landscape Planner Lisa Thomas, the committee developed a plan to remove the buildings, re-grade the entrance and convert some of the area under asphalt to green space and reconfigure the entrance to the Unionville Post Office. The committee will continue to fine-tune the plan and present it to the Supervisors consideration at a later date.
Presentation of the Budget.Township Manager Prysock briefed the Supervisors on the draft budget that was prepared with input from the Director of Public Works and Chief of Police. The 2019 General Fund budget is projected to be balanced with income and expenditures of $2,812,518.45. The tax rates would remain the same as 2018: 1.05 mils for Real Estate, .675 for Fire Services, .075 for Emergency Services, .20 mils for Open Space, .183 for the Library, $26.73 for properties within 780feet of a fire hydrant, and .50 per linear foot for home in the Village of Unionville for the street lights. The 2019 Sewer Fund Budget is projected to balance with income and expenses of $1,501,502, user fees would remain the same. The 2019 State Fund budget is projected to be balanced with income and expenses of $698,479.72. The 2019 Unionville Park budget is projected to be balanced with income and expenses of $133,955. Mrs. Prysock stated that the budget would be advertised as available for public inspection at the township offices. Supervisor Lacy asked for the draft budget to be posted on the East Marlborough Township website as well. The Supervisors voted 5-0 to authorize the advertisement of the draft budget.
Update on Grant Awards. Manager Prysock updated the Supervisors on the grants that had been awarded to the township which included the following:
Cedarcroft Road and Route 82 – Grant amount: $692,592 to realign and upgrade the traffic signal at the intersection of Cedarcroft Road and Unionville Road. Township Match: East Marlborough’s is $61,000, roughly 15%, Kennett Township is also providing $61,000;
Route 82 Crosswalks – Grant amount: $750,000 Transportation Set-Aside/Safe Routes to School to fund 100% of construction costs. Township Match: Estimated to be $180,000 which will cover all engineering costs, to be split 50/50 with UCFSD;
- Locust Lane Bridge – Grant amount: $816,000, Township match is estimated to be $204,000;
Open Space, Recreation and Environmental Resources Plan – Grant is $28,500 from the Chester County Planning Commission, Township match is expected to be $21,500;
Poplar Tree Road Bridge -$69,500 from the Dirt, Gravel, and Low Volume Road maintenance Program, Township match is with labor to install the culver.
Resolutions.The following Resolutions were presented and voted upon at the meeting:
- 2018-18 – Authorizing an application to the PA Infrastructure Bank to finance the costs associated with replacing the E. Locust Lane Bridge until the grant funds are received. The Supervisors voted 5-0 to approve the Resolution.
- 2018-19 – Resolution for Plan Revision for New Land Development – 223 E. Street Road. The Supervisors voted 5-0 to approve the Resolution.
- 2018-20 – Resolution to add 23.6 acres on Byrd Road owned by Lauren Mayne to the East Marlborough Agricultural Security Area. The Supervisors voted 5-0 to approve the Resolution.
- 2018-21 – Resolution to add 25 properties to the Historic Resources Map. The Supervisors voted 5-0 to approve the Resolution.
- 2018-23 – Resolution to retroactively authorize an application to the Dirt and Gravel Roads Maintenance Fund to repair the bridge on Poplar Tree Road. The Supervisors voted 5-0 to approve the Resolution.
Contracts.Manager Prysock presented the following contracts to the Supervisors for consideration:
- 2018-19 Salt Contract. The contract was bid through the Southern Chester County Municipal Co-Op for 1,800 tons of salt with the lowest bid coming in at $53.05 per ton. Public Works Director Jeff Simpson stated that the township also had the ability to purchase salt through PennDot and would exercise that option if needed. The contact value is $95,490. The Supervisors voted 5-0 to approve the contract.
- Animal Protective Services (SPCA). The SPCA presented a 5-year contract to provide animal control services within East Marlborough Township. The yearly cost for the service is $1,639.09 per year. In addition to other charges for animal pick-up, boarding, after-hours emergency calls etc. There is a 3% escalation per year of the contract. The Supervisors voted 5-0 to approve the contract.
- Lease Extension Agreements for (2) Crown Castle Cell Towers. The business terms for the extension had been previously approved to add (4) additional five year lease extensions to Crown Castle. In exchange for the extensions the Township will receive $25,000 signing bonus per tower as well as 4% base rent increase each year of the contract and 30% of new co-location fees. The Supervisors approved the lease agreements with a 5-0 vote.
Resolution 2018-22. A Resolution to authorized the addition of East Marlborough Township to the list of petitioners in favor of Pennsylvania adopting a comprehensive program to limit greenhouse gas emissions to conserve and maintain a stable climate and other public resources for which the commonwealth is a trustee. The Supervisors voted 3-0 with Mr. Sarro and Mr. Jameson abstaining.
Bills.By a vote of 5-0 the Supervisors approved payment of invoices with the following totals: Ms. Lacy is on record to recuse herself for the vote on the URS & AE Com invoices due to a conflict.
General Fund: $359,820.94
Sewer Fund: $24,464.46
Park Fund: $ 206.20
State Fund: $ 8,508.32
Treasurer’s Report. By a vote of 5-0 the Treasurer’s Report was accepted as submitted.
Garnet QL Escrow.Brad Henderson, owner of the Garnet QL, requested that the Supervisors approve the escrow amount that had been recommended by Mr. Hatfield. Mr. Hatfield confirmed he completed the escrow recommendation for the Garnet QL project on the morning of the meeting. He recommends that the Township require an escrow of $379,926 for construction which would include public and quasi-public improvements. The Supervisors voted 5-0 to establish the escrow amount of $379,926 for the project.
The meeting adjourned at 10:35p.m.
Laurie Prysock, Township Manager
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Immediately preceding the meeting there will be a hearing on the additions to the Historic Resources list and the addition of a property to the Agriculture Security Area.
AGENDA – November 5– 7:00 P.M.
Subject to change
- Call to Order and Pledge of Allegiance
- Public Comment Period
- Swearing In of New Supervisor
- Approval of Minutes of October 1, 2018
- Escrow Releases
- Cancelation of TD Bank Land Development agreement and return of Letter of Credit
- Longwood Village Shopping Center – Request to change the roof color
- Paredes Subdivision Final Plan Review – 223 E. Street Road
- HARB Certificate of Appropriateness for 101 Poplar Tree Road
- Unionville Park Entrance
- Presentation of the Preliminary Budget
- Grant Update
- Locust Lane Bridge $820,000
- Chester County Visioning Grant for Open Space, Recreation and Environmental Resources Plan for $28,500
- Route 82 Crosswalk Project
- Cedarcroft Road/Route 82 Intersection
- 2018 – 18 – Approving application to the Pennsylvania Infrastructure Bank for a loan of up to $1,000,000 to finance the E. Locust Lane Bridge project until the reimbursement check is received from PennDot.
- 2018-19 Sewage Planning Module for Toll Brothers
- 2018- 20 Sewage Planning Module for 223 E. Street Road
- 2018 – 21 – Adding Mayne property addition to the Agriculture Security Area – 659 Byrd Road
- 2018 – 22 – Adding properties to the Historic Resources List
- 2018 – 23 – Modifying the Road Occupancy Permit form
- Road Contract for Salt
- Cell Leases for Crown Castle Towers at 721 Unionville Road
- PA Cap & Trade Petition
- Treasurer’s Report
Note: There will be an executive session immediately following the public meeting to review a personnel matter.