AGENDA UPPER PROVIDENCE BOARD OF SUPERVISORS TUESDAY, JANUARY 16, :00 P.M.

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1 CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA UPPER PROVIDENCE BOARD OF SUPERVISORS TUESDAY, JANUARY 16, :00 P.M. PRESENTATION OF 25-YEAR SERVICE AWARDS Lieutenant U. Mark Freeman Sergeant Robert Solorio SWEARING IN POLICE OFFICERS John J. Burdsall Jr. Jacob R. Allen Justin Sneeringer EXECUTIVE SESSION REPORT APPROVAL OF BILL LIST 1. January 1, 2018 January 11, 2018: $ 524, (Page 3) APPROVAL OF MINUTES 2. January 2, 2018 Organization Meeting (Page 8) 3. January 2, 2018 Regular Meeting (Page 13) PUBLIC COMMENT (The Board will hear from any interested resident or taxpayer who would like to comment on an item not on this evening s agenda. Respondents are asked to keep their comments to 3 minutes). PUBLIC HEARING: None OLD BUSINESS (ACTION/DISCUSSION ITEMS): None NEW BUSINESS (ACTION/DISCUSSION ITEMS) 4. Consider adopting Resolution expressing support for an independent citizens redistricting commission for fair, impartial and transparent state legislative and congressional redistricting. (Page 17) 5. Consider adopting Resolution granting conditional preliminary approval for a land development application proposing the construction of a 95 monopole cellular communication tower adjacent to Route 422 near Ashenfelter Road. Plan # (P)LD. (Page 19)

2 6. Consider adopting Resolution opposing House Bill 1620 the Wireless Infrastructure Deployment Bill (Page 43) 7. Consider adopting Resolution authorizing execution of a Green Light Go Program Grant Agreement with the Commonwealth of Pennsylvania (Page 45) 8. Discuss possible reforms to the Township Administrative Code and completion timelines. 9. Consider appointing members to the Upper Providence Township Transportation Impact Fee Committee 10. Consider action to delay procurement of a new ambulance pending further study. 11. Consider approving Emergency Medical Service Provider contracts with the following agencies: a. Trappe Fire & Ambulance (Page 46) b. Friendship Ambulance (Page 49) c. Lower Providence Ambulance (Page 53) 12. Consider approving Fire Service Provider contract with the Black Rock Volunteer Fire Company (Page 59) MANAGER S REPORT 13. Capacity Rights Agreement for 276 Old Mill Road for 1 EDU of sewer capacity (Page 67) 14. Capacity Rights Agreement for 1036 S. Lewis Road for 1 EDU of sewer capacity (Page 73) CONSULTANT AND DEPARTMENT HEAD REPORTS Public Works (Page 79) Planning / Zoning (Page 87) Fire and Emergency Services (Page 88) SOLICITOR S REPORT SUPERVISOR S COMMENTS Announce appointment of Finance Director / Treasurer, Richard D. Livergood, as the Pennsylvania East Regional Chair for the Government Finance Officers Association (Page 90) ADJOURNMENT

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8 ATTENDANCE: Board of Supervisors: John Pearson, Chairman; Albert Vagnozzi, Vice Chairman; Philip Barker, Supervisor; Helene Calci, Supervisor; and Laurie Higgins, Supervisor. Staff Present: Timothy J. Tieperman, Township Manager; Bryan Bortnichak, Assistant Township Manager; and Mark A. Toomey, Chief of Police. Consultants Present: Joseph Bresnan, Township Solicitor; William Dingman, Township Engineer; and Geoff Grace, Planning Consultant. PLEDGE OF ALLEGIANCE Mr. Pearson opened the meeting with the Pledge of Allegiance. SWEARING IN OF ELECTED OFFICIALS The Honorable Steven C. Tolliver, Sr., Montgomery County Court of Common Pleas Judge, swore in Supervisors-elect Helene Calci, Laurie Higgins, and John Pearson. The Honorable Steven C. Tolliver, Sr., Montgomery County Court of Common Pleas Judge swore in Tax Collector, Julie Mullin. BOARD ORGANIZATION: 1. Election of Chairman. Mrs. Higgins nominated John Pearson as Chairman. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to close the nominations. All voted in favor of the motion. The motion passed unanimously Election of Vice Chairman. Mrs. Higgins motioned, seconded by Mrs. Calci, to nominate Al Vagnozzi as Vice Chairman. The motion passed unanimously 5-0. CITIZEN COMMENTS: Mr. Pearson moved citizen comments to the business part of the meeting. 8 of 90

9 APPOINTMENTS: Mr. Pearson read Agenda Items #3-15 along with the names of the individuals to be appointed. 3. Appointment of Township Secretary Timothy J. Tieperman was appointed as Township Secretary. 4. Appointment of Township Building Code Official Bryan Bortnichak was appointed as Township Building Code Official. 5. Appointment of Township Treasurer Richard D. Livergood was appointed as Township Treasurer. 6. Appointment of Township Solicitor Joseph E. Bresnan, Esq. (Dischell Bartle Dooley Law Offices) was appointed as Township Solicitor. 7. Appointment of Municipal Authority Solicitor Joseph E. Bresnan, Esq. (Dischell Bartle Dooley Law Offices) was appointed as Municipal Authority Solicitor. 8. Appointment of Township Labor Counsel Ryan J. Cassidy, Esq. (Eckert Seamans) was appointed as Township Labor Counsel. 9. Appointment of Bond Counsel Earnest Bucky R. Closser, Esq. (Curtin & Heefner LLP) was appointed as Bond Counsel. 10. Appointment of Township Engineer William K. Dingman, P.E., Gilmore & Associates, Inc. was appointed as Township Engineer. 11. Appointment of Municipal Authority Engineer William K. Dingman, P.E., Gilmore & Associates, Inc. was appointed as Municipal Authority Engineer. 12. Appointment of Township Traffic Engineer Kenneth D. O Brien, P.E., McMahon Associates, Inc. was appointed as Township Traffic Engineer. 9 of 90

10 13. Appointment of Township Zoning Officer and Director of Planning and Zoning. Geoffrey Grace (Grace Planning Associates) was appointed as Township Zoning Officer and Director of Planning and Zoning. 14. Appointment of Township Technology Consultant Michael Cowan (Premier Technology Consultants) was appointed as Township Technology Consultant. 15. Appointment of Township Lighting Consultant Ron Smith (Suburban Lighting) was appointed as Township Lighting Consultant. Mr. Vagnozzi, seconded by Mrs. Calci, motioned to make the appointments outlined by Mr. Pearson for Agenda Items #3-15. The motion passed unanimously 5-0. NON-COMPENSATORY APPOINTMENTS: 16. Appointment of Vacancy Board Chairman 1 Year Term Mr. Vagnozzi, seconded by Mrs. Calci, motioned to appoint James White as Vacancy Board Chairman for a 1 year term. The motion passed unanimously Appointment of Planning Commission Member 4 Year Term Mrs. Higgins motioned, seconded by Mrs. Calci, to appoint Sarah Glenn as a Planning Commission Member for a four year term. The motion passed 4-1. Mr. Barker dissented due to the lack of the applicant s resume. 18. Appointment of Planning Commission Member 4 Year Term Mrs. Higgins motioned, seconded by Mrs. Calci to appoint Tom Wright as a Planning Commission Member for a four year term. The motion passed 4-1. Mr. Barker dissented due to the lack of the applicant s resume. 19. Appointment of Municipal Authority Member 5 Year Term Mr. Vagnozzi motioned, seconded by Mrs. Calci, to appoint Dennis Hydrick as a Municipal Authority Member for a five year term. The motion passed unanimously 5-0. ACTION ITEMS: 20. Consider action to set 2018 rate of compensation for Zoning Hearing Board Solicitor. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to set the rate of compensation for the Zoning Hearing Board Solicitor at $150/hr. The motion passed unanimously of 90

11 21. Consider action to establish 2018 Regular Meeting Schedule. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to establish the 2018 meeting schedule for the Board of Supervisors, Planning Commission, Park and Recreation Board and the Municipal Authority. The motion passed unanimously Consider action to establish 2018 Holiday Schedule. Mr. Vagnozzi motioned, seconded by Mrs. Higgins, to establish the 2018 Holiday Schedule. The motion passed unanimously Consider authorizing reimbursement of Medicare supplemental insurance premium expenses in lieu of paying health care premiums for Supervisors and their spouses pursuant to 606 of the Second Class Township Code. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to authorize reimbursement of Medicare supplemental insurance premiums pursuant to Section 606 of the Second Class Township Code. The motion passed unanimously Consider approving an Employment Agreement with Timothy J. Tieperman to serve at the pleasure of the Supervisors as Township Manager through January 2, Action on this matter was tabled until a future meeting. RESOLUTIONS: 25. Consider adoption of Resolution appointing Zoning Hearing Board Member 5 Year Term. Mr. Vagnozzi motioned, seconded by Mrs. Higgins, to adopt Resolution appointing Terrence McKenna to the Zoning Hearing Board for a 5-year term. The motion passed unanimously Consider adoption of Resolution affirming the Township Fee Schedule. Mr. Vagnozzi motioned, seconded by Mrs. Calci and Mrs. Higgins, to adopt Resolution affirming the Township Fee Schedule. The motion passed unanimously Consider adoption of Resolution setting the 2018 bonds for the Township Manager and Finance Department. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to Resolution setting the 2018 bonds for the Township Manager and Finance Department. The motion passed unanimously Consider adoption of Resolution approving depositories for Upper Providence Township funds during Mr. Vagnozzi motioned, seconded by Mrs. Calci, to adopt Resolution approving depositories for Upper Providence Township funds in The motion passed unanimously 5-0. January 16, 2017 BOS Regular Meeting 11 of 90

12 29. Consider adoption of Resolution approving appointment of professional auditor to perform an audit of the 2017 financial records of Upper Providence Township. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to adopt Resolution approving depositories for Upper Providence Township funds in The motion passed unanimously 5-0. SUPERVISORS COMMENTS: 30. Board of Auditors Organization Meeting January 3, 2018 at 7:00 p.m. at UPT Police Department Training Room Mr. Pearson announced the Board of Auditors Organization Meeting being held January 3, 2018 at 7:00 p.m. at the UPT Police Department Training Room. RETURN TO CITIZENS COMMENTS Mr. Arthur Lebofsky (408 Peters Way) questioned the fee scheduled and where it would be published. Mr. Bortnichak explained the current version is on the website and the updated version will be posted tomorrow. Mr. Pearson thanked Mr. Tieperman and Mr. Bortnichak and staff for bringing the Board up to date with issues in Upper Providence. He thanked the Board s significant others and everyone who supported them throughout the campaign. He thanked all of the residents for coming this evening. He said that there will be a change in the meeting format and that supplemental agenda information will be posted to the website, all in efforts to improve citizens access to Board meeting materials. Mr. Pearson then read a short story named One at a Time, after which Mr. Vagnozzi motioned, seconded by Mrs. Higgins, to close the Organization Meeting and adjourn to the Regular Meeting. The motion passed unanimously 5-0. Respectfully Submitted, Tieperman, Township Manager/Secretary January 16, 2017 BOS Regular Meeting 12 of 90

13 ATTENDANCE: Board of Supervisors: John Pearson, Chairman; Albert Vagnozzi, Vice Chairman; Philip Barker, Supervisor; Helene Calci, Supervisor; and Laurie Higgins, Supervisor. Staff Present: Timothy J. Tieperman, Township Manager; Bryan Bortnichak, Assistant Township Manager; and Mark A. Toomey, Chief of Police. Consultants Present: Joseph Bresnan, Township Solicitor; William Dingman, Township Engineer; and Geoff Grace, Planning Consultant. CALL TO ORDER: Mr. Pearson called the Regular Meeting to order. EXECUTIVE SESSION: None APPROVAL OF BILL LIST: 1. December 1, 2017 to December 31, 2017: $3,143, Mr. Vagnozzi motioned, seconded by Mrs. Higgins, to approve the bill list from December 1 st through December 31 st in the amount of $3,143, The motion passed unanimously 5-0. APPROVAL OF MINUTES: 2. December 4, 2017 Meeting Minutes Mr. Vagnozzi motioned, seconded by Mr. Barker, to approve the December 4, 2017 Meeting Minutes. The motion passed 2-0. Mrs. Calci, Mrs. Higgins, and Mr. Pearson abstained. PUBLIC COMMENT: Arthur Lebofsky (408 Peters Way) wished everyone a Happy New Year. He stated his support for placing all agenda support materials on the website. He asked that the Board reevaluate the prior Board s decision to opt out of the placement of Class 4 casinos in the Township. He also stated his support for the model Resolution in support of fair voter redistricting. Mr. Pearson Mr. Tieperman to place this on the next Board agenda for discussion. OLD BUSINESS (ACTION/DISCUSSION ITEMS): None January 16, 2017 BOS Regular Meeting 13 of 90

14 NEW BUSINESS (ACTION/DISCUSSION ITEMS): 3. Consider adopting Resolution authorizing expenditures to conduct an Act 209 Transportation Impact Study. Mr. Bortnichak gave a brief overview of the Act 209 Transportation Impact. To allow under PA law for Traffic Engineer to figure out how many peak driving trips the development would generate. This would allow the Township to charge the developer a fee. Fee rangers $2,000- $4,000 per trip. The committee must contain 7-15 members. Mr. Pearson Mr. Vagnozzi motioned, seconded by Mrs. Calci, adopting Resolution authorizing expenditures to conduct an Act 209 Transportation Impact Study. The motion passed unanimously 5-0. Mr. Barker questioned how much the Study costs. Mr. Tieperman responded, saying the study would costs $85,000 which was budgeted. Mr. Vagnozzi motioned, seconded by Mrs. Higgins, adopting the motion, as amended, approving Resolution authorizing expenditures of approximately $85,000 to conduct an Act 209 Transportation Impact Study. The motion passed unanimously Consider adopting Resolution establishing a Transportation Impact Fee Advisory Committee. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to adopt Resolution establishing a Transportation Impact Fee Advisory Committee to be named at a later date. The motion passed unanimously Authorize advertisement of the Township s intent to enact an ordinance providing for the assessment of Transportation Impact Fees. Mr. Vagnozzi motioned, seconded by Mrs. Higgins, to authorize advertisement of the Township s intent to enact an ordinance providing for the assessment of Transportation Impact Fees. The motion passed unanimously 5-0. MANAGER S REPORT: 6. Capacity Rights Agreement for 3 EDU s for 667 Egypt Road (Alex s Tavern). Mr. Tieperman stated this is a standard Capacity Rights Agreement between the Township and Lower Perkiomen Valley Sewer Authority for three Equivalent Dwelling Units for Alex s Tavern. Mr. Vagnozzi questioned if there was new construction happening at the property since it is an already established business. January 16, 2017 BOS Regular Meeting 14 of 90

15 Mr. Bortnichak said it is a result of connecting to the public sewer after being shut down by the Montgomery County Health Department. He said they were obligated to connect and have been since offered a plumbing permit before the holidays. He said they were closed and reopened. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to authorize the Capacity Rights Agreement for 3 EDU s for 667 Egypt Road (Alex s Tavern). The motion passed unanimously Capacity Rights Agreement for 13 EDU s for 180-E Mill Road (Goldfish Swim School). Mr. Tieperman explained the Capacity Rights Agreement is for a nonresidential facility which is a Swim School for children. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to authorize the Capacity Rights Agreement for 13 EDU s for 180-E Mill Road (Goldfish Swim School). The motion passed unanimously Consider authorizing the sale of a 1998 International Dump Truck. Mr. Tieperman explained how the website Municibid is utilized to sell depreciated Township vehicles to get the highest bidder. The highest bidder was David Sunstein who bid an amount of $11,900. The money is placed back into the Capital Fund for further purchasing of equipment. Mr. Vagnozzi motioned, seconded by Mrs. Calci, to authorize the sale of a 1998 International Dump Truck to the highest bidder utilizing Municibid in the amount of $11,900. The motion passed unanimously 5-0. CONSULTANT and DEPARTMENT HEAD REPORTS: Mr. Pearson said in future meetings, this section of the Agenda will hold Department Head Repots. SOLICITOR S REPORT: None SUPERVISORS COMMENTS: None Mr. Vagnozzi gave an overview on the EMS Advisory Report of Narcan being administered by Police and EMS to narcotic overdose patients. He said that in the past two years, Narcan has been administered 491 times in Montgomery County. He said that in that time, over a dozen had been administered by the Upper Providence Township Police Department. He said it is a big problem affecting our country and wanted residents to be aware. Mrs. Calci said she is humbled and honored to be sitting on the Upper Providence Board of Supervisors and is thankful for the opportunity. She said she will collaborate with her fellow January 16, 2017 BOS Regular Meeting 15 of 90

16 Board Members to make the best decisions for Upper Providence Township. Mrs. Higgins with what Mrs. Calci said. all. Mr. Pearson said he enjoys sitting on the Board and is honored and hopes to do justice for ADJOURNMENT Mr. Vagnozzi motioned, seconded by Mrs. Calci, to adjourn the meeting. The motion passed unanimously 5-0. The Board adjourned at approximately 7:50 p.m. Respectfully Submitted, Tieperman, Township Manager/Secretary January 16, 2017 BOS Regular Meeting 16 of 90

17 UPPER PROVIDENCE TOWNSHIP MONTGOMERY COUNTY, PENNSYLVANIA RESOLUTION A RESOLUTION IN SUPPORT OF A CITIZENS COMMISSION FOR LEGISLATIVE AND CONGRESSIONAL REDISTRICTING WHEREAS, the citizens of Upper Providence Township and the Commonwealth of Pennsylvania deserve a fair, fully transparent, impartial and de-politicized process of the decennial drawing of state legislature and congressional districts of near equal population; and WHEREAS, legislative and congressional redistricting often has resulted in the gerrymandering of districts to favor one political party or the other; and WHEREAS, such gerrymandering of legislative and congressional districts has worked at times to the detriment of our representative democracy by impeding action on critical issues of importance to the people; and WHEREAS, the creation of a truly independent citizens redistricting commission devoid of political motivation or partisanship will help to ensure a fair and accurate legislative and congressional redistricting process that respects political subdivisions, will prohibit districts from being drawn to favor or discriminate against a political party or candidate, will promote transparency; the use of impartial and sound methodology when setting district boundaries, and allow for public input, and will fully comply with the constitutional requirement that no county, city, incorporated town, borough, township or ward be divided unless absolutely necessary ; and WHEREAS, recent legislation has been introduced in the current legislative session to amend the Pennsylvania Constitution to reform the decennial legislative and congressional redistricting process with the intent of using fairness and sound methodology in a non-partisan fashion. NOW, THEREFORE, BE IT RESOLVED that Upper Providence Township does hereby support legislative efforts to secure expeditious action to make a constitutional amendment that would, among other reforms, assign the decennial task of both legislative and congressional redistricting to an independent citizens redistricting commission; and BE IT FURTHER RESOLVED that we call upon all those elected officials in the Commonwealth of Pennsylvania who represent the citizens of Upper Providence Township to publicly announce their support of and commitment to work toward the January 16, 2017 BOS Regular Meeting 17 of 90

18 passage of such legislative efforts, and that a copy of this resolution be delivered to each of them. Governor Tom Wolf Lieutenant Governor Mike Stack Attorney General Josh Shapiro United States Senator Robert Bob Casey, Jr. Unites States Senator Patrick Pat Toomey United States Representative Ryan Costello Pennsylvania Senator John C. Rafferty Pennsylvania Representative Michael N. Corr Pennsylvania Representative Warren Kampf Dr. Valerie Arkoosh, Chair, Montgomery County Commissioners Kenneth E. Lawrence, Vice Chair, Montgomery County Commissioners Joseph C. Gale, Montgomery County Commissioner SO RESOLVED this day of, Attest: UPPERPROVIDENCE TOWNSHIP BOARD OF SUPERVISORS BY: Timothy J. Tieperman John Pearson, Chairman Township Secretary January 16, 2017 BOS Regular Meeting 18 of 90

19 BEFORE THE UPPER PROVIDENCE TOWNSHIP BOARD OF SUPERVISORS Applicant: Cellco Partnership d/b/a Verizon Wireless Owner: GlaxoSmithKline, LLC Plan No.: (P)LD Parcel number (Ashenfelter Road) RESOLUTION PRELIMINARY LAND DEVELOPMENT APPROVAL The Board of Supervisors, in accordance with Sections and of the Township Codified Ordinances, grants Applicant, Cellco Partnership d/b/a Verizon Wireless, preliminary land development approval to develop the abovereferenced parcel (installation of telecommunications facility). Conditions of approval are as follows: 1. The application for final approval will be in compliance with the Township SALDO. This grant of preliminary approval is subject to the following conditions which must be satisfied prior to the grant of final approval: a. Compliance with all applicable Township review letters, including Gilmore & Associates letter of December 7, 2017; Gilmore s stormwater review letter of January 10, 2018; Grace Planning Associates letter of December 5, 2017; McMahon Engineers letter of September 20, 2017; and all conditions set forth therein, as well as any conditions in any other review letter not expressly referenced herein which has not yet been satisfied. b. Signing the Township s required Land Development documentation, prepared to the satisfaction of the Township Solicitor, including but not limited to, a Land Development Agreement; Storm Water Management and Easement Agreement; Sanitary Sewer Maintenance and Easement Agreement. January 16, 2017 BOS Regular Meeting 19 of 90

20 c. Posting financial security for all public improvements shown on the Final Plan, if any, to the satisfaction of the Township Engineer and Solicitor. For the purposes of this approval, the term public improvements includes, but is not limited to: streets, drive aisles, curbs, water mains, storm and sanitary sewer systems, rain gardens (best management practice) and appurtenances, grading, erosion and sediment control, lighting, required trees, shrubs and landscape buffering, monuments, pins and sidewalks. Such financial security shall be posted in the amount of 110% of the total public improvement cost, in accordance with the Pennsylvania Municipalities Planning Code. Also, posting financial security for 18 months from the date of Township s acceptance of dedicated improvements in the amount of 15%, in accordance with the Pennsylvania Municipalities Planning Code. d. Satisfying all applicable Township Code, Sewer Authority, and Water Authority requirements. A copy of the Authorities agreements and/or permits must be provided to the Township. e. Identifying all storm water inlets and outfall structures on the final plan in accordance with the PADEP Municipal Separate Storm Sewer Systems requirements. f. Obtaining all other applicable permits from third party agencies having jurisdiction over this project. g. Paying all project-related costs and fees, including any Consultant and Solicitor fees owing. 2. Any signage identified on the Final Plan is not approved unless it conforms to the Township s Zoning Ordinance or has been previously granted zoning relief from the Township s Zoning Hearing Board. 3. Applicant has requested, and by this resolution is granted, a waiver of the following requirements of the Subdivision and Land Development Ordinance, and, in connection therewith, has agreed to pay the sum of $2,000.00, payable prior to the grant of any permits: a. The requirement at that stormwater facilities be landscaped, is waived. January 16, 2017 BOS Regular Meeting 20 of 90

21 b. The requirement at C(3), requiring the widening of Black Rock Road, is waived. c. The requirement at , requiring sidewalks along Black Rock Road, is waived. d. The requirement at , requiring curbs along Black Rock Road, is waived. *** This Resolution shall become effective on the date upon which all of the above stated conditions are accepted by the Applicant in writing below. If, for any reason, Applicant fails to acknowledge the acceptance of the conditions contained in this Resolution within 10 days from the date of this Resolution, then the tentative sketch plan approval granted herein shall become null and void, the waivers requested shall be deemed denied (if any), and the plan shall be denied for failure to comply with Sections of the Township Zoning Ordinance and/or Township Subdivision and Land Development Ordinance for the reasons cited herein or as set forth in the letters referenced herein. DULY PRESENTED AND ADOPTED by the Upper Providence Township Board of Supervisors at a public meeting held this 16th day of January, John F. Pearson, Board Chairman ATTEST: Timothy J. Tieperman, Secretary APPLICANT S ACCEPTANCE OF APPROVAL CONDITIONS Applicant agrees to the above conditions this day of, Cellco Partnership d/b/a Verizon Wireless BY: January 16, 2017 BOS Regular Meeting 21 of 90

22 PLANNING COMMISSION RECOMMENDATION TO THE BOARD OF SUPERVISORS Plan or Proposal Name: Municipal Plan Number: Location: Plan Phase: GSK / PHI Arcola (Monopole Cell Tower) (P)LD Ashenfelter Road Preliminary Review Period Expiration Date: February 19, 2018 ****************************************************************************** By action of the Planning Commission at its meeting on December 11, 2017 the following recommendation is made: Conditional Approval: X Vote: Unanimous Denial: ****************************************************************************** CONDITIONS/EXPLANATIONS/REMARKS It is recommended that the Plan or Proposal described above be approved subject to the applicant s compliance with the following: 1. All technical deficiencies shall be resolved to the satisfaction of the Township and all recommendations implemented, as outlined in the following plan review letters: Gilmore Associates 12/07/17 Grace Planning 12/05/17 Fire Marshal 11/30/17 Respectfully Submitted: Dave Evans Chairman January 16, 2017 BOS Regular Meeting 22 of 90

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38 January 10, 2018 File No: T Mr. Timothy Tieperman, Manager Upper Providence Township 1286 Black Rock Road P.O. Box 406 Oaks, PA Reference: PHI Arcola Cell Site -- Preliminary/Final STORMWATER ONLY Review Twp. Plan # (P) LD Dear Tim: In accordance with the Township s request, we have reviewed the Preliminary/Final Plan for the PHI Arcola Cell Site. The review consisted of the following items: PHI Arcola Cell Site Land Development Drawings (17 sheets), dated July 24, 2017 last revised December 18, 2017 as prepared by CMC Engineering. Stormwater Management Report and Erosion and Sediment Control Report, dated May 2017 as prepared by CMC Engineering. We offer the following comments for your consideration: General 1. The subject property is the PHI Arcola Cell Site, Tax Map Parcel No The total acreage of the parcel is 27.0 acres. The property is located along the eastern side of Ashenfelter Road adjacent to the S.R within the IO Interchange Office Zoning District. The applicant is proposing to construct a 75 monopole on an 11-6 x22 concrete pad, a 10 x20 future equipment area, and a stormwater management detention basin along with an access driveway and associated parking facilities. A special exception per Section C was granted on July 22, 2017 to permit a communication tower/antennae use. 2. The stormwater management system as designed is acceptable. The overall plan review is the subject of a separate December 7, 2017 letter. Stormwater Management 1. Section B (1) All storm sewer piping shall be reinforced concrete pipe, HDPE pipe is proposed for the on-site storm pipe material. A waiver is requested from the minimum pipe size diameter of 18 inches and from the storm sewer piping to be reinforced concrete pipe. This waiver is listed as item #1 of Waiver Notes on Sheet 2 of 17 (Record Plan). 2. Section A The applicant shall sign an operations and maintenance agreement with the Township covering all BMP that are to be privately owned. A sample agreement is included in Appendix B of Chapter 150 of the Code Of The Township Of Upper Providence. 184 West Main Street Suite 300 Trappe, PA Phone: Fax: Gilmore & Associates, Inc. Building on a Foundation of Excellence January 16, 2017 BOS Regular Meeting 38 of 90

39 Mr. Tim Tieperman Page File No T January 10, Section B Stormwater management easements shall be provided by the property owner if necessary for access for inspection and maintenance or preservation of stormwater runoff conveyance, infiltration and detention areas and other BMP s by persons other than the property owner. The purpose of the easement shall be specified in the above mentioned operations and maintenance agreement. A blanket easement is acceptable. 4. Section A The owner of any land upon which permanent BMP s will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Montgomery County within 15 days of approval of the BMP operations plan by the Township: (1) The operations and maintenance plan or a summary thereof. (2) Operations and Maintenance Agreements (3) Stormwater Management Easements The above comments are made with the understanding that all existing features and topography are accurately represented on the plans, and that all designs, calculations and surveys are accurate and have been prepared in accordance with the current laws, regulations and currently accepted Professional Land Surveying and Engineering practices. Should you have any questions please contact our office. Very truly yours, William K. Dingman, P.E. Gilmore & Associates, Inc. cc: Upper Providence Township Board of Supervisors ( ) Upper Providence Township Planning Commission Members ( ) Mr. Joseph Bresnan, Esquire, Upper Providence Township Solicitor ( ) Mr. Geoff Grace, Grace Planning Associates ( ) Mr. Kenneth O Brien, P.E., McMahon Associates ( ) Mr. Nicholas A. Cuce, Jr., Riley Riper Hollin & Colagreco (Applicant s attorney) ( ) CMC Engineering (Applicant s Engineer) ( ) January 16, 2017 BOS Regular Meeting 39 of 90

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43 UPPER PROVIDENCE TOWNSHIP MONTGOMERY COUNTY, PENNSYLVANIA RESOLUTION NO RESOLUTION IN OPPOSITION TO HOUSE BILL 1620, ENTITLED THE WIRELES INFRASTRUCTURE DEPLOYMENT BILL WHEREAS, broadband service is a critical catalyst for economic development, student achievement, quality healthcare, and the efficiency of local governments. As such Upper Providence Township supports the deployment of broadband services both wired and wireless in our community and throughout the Commonwealth; and WHEREAS, a relatively new wireless technology, known as distributed antenna systems of DAS, includes the placement of wireless towers and antennae in the public rights-of-way; and WHEREAS, Pennsylvania municipalities are charged by state law with the management of the public rights-of-way, including not only vehicular and pedestrian traffic, but also the numerous facilities installed by public utilities and related companies. Municipalities must manage these facilities to maintain public safety and preserve the character of our communities; and WHEREAS, pursuant to federal law, municipalities have the right to regulate the placement, construction, and modification of wireless facilities through their local zoning authority so that the deployment of these facilities is achieved in an orderly fashion. The FCC has also issued multiple orders stating in detail how municipalities may regulate these facilities; and WHEREAS, specifically House Bill 1620, entitled the Wireless Infrastructure Deployment bill would abolish municipal zoning authority over wireless antennae in the rightsof-way and nearly abolish their authority over wireless towers in the rights-of-way, thereby placing public safety at risk and excluding the public from the approval process for these facilities; and WHEREAS, HB 1620 would severely limit the assessment of fees for wireless facilities in the rights-of-way such that municipalities could only charge minimal fees that are less than actual municipal costs, thereby forcing taxpayers to subsidize wireless companies for the management of their facilities; and WHEREAS, HB 1620 would prohibit municipalities from requiring standard legal protections from companies with wireless facilities in the public rights-of-way, including full indemnification, bonding, and insurance coverage; and WHEREAS, HB 1620 would allow wireless contractors to submit up to 50 permit requests in one application and would curtail the time frame for initial review of wireless applications from 30 days to 10 days such that municipalities would be unable to perform these reviews in time; and January 16, 2017 BOS Regular Meeting 43 of 90

44 WHEREAS, HB 1620 would allow wireless companies to reverse a denial of a wireless application simply by resubmitting a revised application without having to obtain zoning approval. WHEREAS, HB 1620 would expose outside municipal Solicitors and other municipal law firms to financial liability of up to $10,000 per occurrence simply for drafting a wireless ordinance that is deemed to be in violation of HB WHEREAS, if the Pennsylvania General Assembly is permitted to abolish municipal right-of-way authority over wireless facilities today, then it could abolish all municipal authority over the public rights-of-way tomorrow. NOW, THEREFORE, BE IT RESOLVED by the Upper Providence Township Board of Supervisors that it hereby expresses its opposition to HB 1620 because it is not in the best interests of Pennsylvania; and BE IT FURTHER RESOLVED that this Resolution shall be sent to our State Representative(s), State Senator, Governor, and all Members of the House Consumer Affairs Committee, which is the Committee to which HB 1620 has been assigned. RESOLVED and ADOPTED this SIXTEENTH day of JANUARY, A.D., 201. Attest: UPPER PROVIDENCE TOWNSHIP BOARD OF SUPERVISORS By: Timothy J. Tieperman John Pearson, Chairman Township Manager/Secretary January 16, 2017 BOS Regular Meeting 44 of 90

45 UPPER PROVIDENCE TOWNSHIP MONTGOMERY COUNTY, PENNSYLVANIA RESOLUTION A RESOLUTION AUTHORIZING EXECUTION OF A GREEN LIGHT-GO PROGRAM GRANT / REIMBURSEMENT AGREEMENT WITH THE COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF TRANSPORTATION (PENNDOT) BE IT RESOLVED, by authority of the Board of Supervisors of Upper Providence Township, Montgomery County, and it is hereby resolved by authority of the same, that the Township Manager / Secretary of Upper Providence Township be authorized and directed to sign on its behalf the attached Green Light-Go Program Grant / Reimbursement Agreement with the Commonwealth of Pennsylvania- Department of Transportation. SO RESOLVED this day of, Attest: UPPERPROVIDENCE TOWNSHIP BOARD OF SUPERVISORS Timothy J. Tieperman Township Secretary BY: John Pearson, Chairman January 16, 2017 BOS Regular Meeting 45 of 90

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87 Planning Commission Agenda Planning / Zoning Update The January 8, 2018 meeting was cancelled due to weather issues, the following agenda items will be considered at the regular January 22, 2018 meeting: Reorganization; the Planning Commission will elect a Chair, Vice Chair and Secretary. Zoning Hearing Board Applications: Cellco, Ashenfelter Road (see ZHB recap below): Applicants have requested a third audience with the Planning Commission to request a change to the Planning Commission s recommendation of opposition to the Board of Supervisors. (The applicant will likely be requesting to be on the February 5, 2018 Board of Supervisors agenda.) Starbucks, Egypt Road: Applicant is requesting a variance from the sign ordinance to allow for wall signage on all four frontages (signage is permitted on only two frontages). Note that the total proposed sign area is 151 square feet (325 square feet is permitted). SEI (North Campus), Preliminary Plan, IO District: Application proposes construction of 115,000+ square feet of new building (Building #12) on the North Campus (north side of Upper Indianhead Road). In addition, the applicant is proposing two additional parking areas with over 400 new parking spaces and the installation of an extension of the internal road with a new access point onto Cider Mill Road (south of the Hunt Club development). Plans also include a Master Plan showing SEI s complete build-out of the North Campus with six buildings and one parking garage (no timetable). Anticipated population of the North Campus when completed will be an additional 2,150 employees. SEI (South Campus Parking garage), Preliminary Plan, IO District: Application proposes construction of a parking deck on the South Campus (south of Upper Indian Head Road), on the site of the existing temporary parking lot. The proposed structure will create 629 parking spaces (288 on the parking deck and 341 on the surface lot). Spares Circle, Preliminary Plan, R-2 District: Application proposes subdivision of a 3.22 acre parcel into five single family detached home lots. Zoning Hearing Board Agenda The Zoning Hearing Board will be meeting on Thursday, January 11 to discuss the following: Reorganization; the Zoning Hearing Board will elect a Chair, Vice Chair and Secretary. Cellco Partnership / Verizon Wireless (Ashenfelter Road): Application proposes a cell tower and silo structure on the18.99 acre parcel owned by Edward and Gail Foley. The application requests a use variance and to permit a tower-based wireless communications structure outside of public right-of-way. Note that the applicant will likely be requesting a continuance until resolution of the Planning Commission opposition and most likely will not have a hearing until after February 5 th. January 16, 2017 BOS Regular Meeting 87 of 90

88 BOS REPORT Response Statistics Fire Department o December : 65 o Year :651 78% increase in daytime fire responses handled by Engine 93 since 2013 (Past 5 yrs.) 55 times of the 651, no response or a delayed response was made. Represents 9% of the FD s responses EMS o Year : % increase since 2013 (Past 5yrs) Dispatched cover calls (Initial ambulance unavailable): 400 o 24% increase since 2015 (Past 3 yrs) Estimated Fire Loss o Year : $1,818, % increase in fire loss since 2013 (Past 5yrs) This is supported by the 2014 ISO Study (P.16) that indicates our UPT fire losses, on average, per incident, are over 3 times the PA AVERAGE for Recent Incidents Include a significant residential structure fire and a multi vehicle crash on Route 422. January 16, 2017 BOS Regular Meeting 88 of 90

89 Current Actions/Discussions Current automatic aid system o Concerns of automatic aid partners becoming overwhelmed with increased call volume without additional volunteers. Contracts o Fire & EMS contracts in the works to satisfy the Chapter 85 requirements Continue to watch compliance with Township policies and procedures of both Fire & EMS agencies Recommendation Engine 93 Responded to 210 FIRE emergencies and 50 EMS emergencies for the year (32%). Engine 93 is staffed , M-F (10 hours a day, 50 hours a week). o We currently rely heavily of automatic aid from the PHOENIXVILLE and LOWER PROVIDENCE FDs when Engine 93 is not staffed. Our current automatic aid partners are struggling to keep up with their own responses. Since we rely on the automatic aid partners for assistance with everyday calls, we are challenging their abilities to protect their own communities. o My suggestion is increase our daytime coverage ASAP (12 hour days, 84 hrs a week). Take the current staff, add 1 additional and move to a 12 hour daytime shift (6am-6pm) as recommended by the last 2014 FPA Study (P. 62) Recommendations for near future Using 2017 response numbers, this would have reduced our reliance on our automatic aid partners by an additional 231 calls. o This means that we would have only required assistance for 210 emergencies (32%) instead of 441 emergencies (68%). January 16, 2017 BOS Regular Meeting 89 of 90

90 The Board of Supervisors is pleased to announce the appointment of Finance Director/Treasurer Richard D. Livergood as the Regional Chair for the Government Finance Officers Association East Regional board. This is one of only 3 regional directors across the entire Commonwealth of Pennsylvania. The GFOA is a professional association of state, provincial and local finance officers in the United States and Canada. Richard has been a member of the board since 2001, holding an executive board title for the vast majority of those years. Congratulations, Richard! January 16, 2017 BOS Regular Meeting 90 of 90