middletown township delaware county, …

MIDDLETOWN TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA

JULY 12, 2021

Minutes of the Regular Meeting of Township Council held on July 12, 2021, at 7:00 p.m. in the

Township Building located at 27 N. Pennell Road.

Present: Stephen Byrne, Mark Kirchgasser, Susan Powell, Walter “Bok” Read, Joseph A. Damico,

Jr., Esq., Eric Janetka, John McMullan, Meredith Merino, Vince Visoskas

Excused: Bibianna Dussling, Kathleen O’Connell Bell, Norman Shropshire

1. OPENING: PLEDGE OF ALLEGIANCE TO THE FLAGMr. Kirchgasser called the meeting to order and led in the recitation of the Pledge ofAllegiance to the Flag.

2. APPROVAL OF MINUTES - N/A

3. PUBLIC COMMENTSMr. Dan Castellano, 20 Cabot Court, stated there is a problem with cars parked on BonsallDrive. He stated the problem started in 2013 when Bruce Clark was the manager, and heattended a Roads and Highway committee meeting and, at the time, Bruce Clark sent a letterexplaining the road is too narrow for cars to park. Mr. Castellano stated in 2016 the problemstarted again. He asked why in all this time the Township has not installed “no parking” signs.He said the situation is very dangerous as last year there was a large truck parked, and awoman and child trying to cross the street were almost hit by a car. Mr. Kirchgasser askedMr. McMullan to look into this problem. Mr. McMullan stated he will check it out and willreach out to the HOA for their support to install “no parking” signs. He stated the processbegins with coming before the Roads, Highway and Public Safety Council Committee meetingso members of the committee can hear the position of the HOA and make a determinationto bring before the entire Council to act on this request. He stated it is in the process and heis having discussions with the president of the HOA and is working to move this forward. Mr.Kirchgasser stated Council wants to make sure that the HOA agrees to put “no parking” signsalong the street because it is a community thing not an individual homeowner request. Hestated Council wants to be sure they are reflecting the desires of the community. He statedthe answer is you will get your “no parking” signs it will just have to go before committee andthen before Council for a vote. Mr. Castellano asked if there is a date for the committeemeeting and Mr. McMullan stated there is no date at this time. Mr. Kirchgasser statedtypically committee meetings are held prior to the first council meeting of the month.

4. REPORTS

A. CHAIRMANMr. Kirchgasser stated there were two significant contributors to the MiddletownTownship community who passed away in the past week. He said the first is Pete Clintonwho served for 20 years as a member of the Planning and Zoning commissions and wasactively involved with the community. He stated he does not remember Pete ever missinga meeting. Mr. Kirchgasser stated the second, Joe Lancelot ,who was chairman of Councilin the 1970’s and was actively involved when the Granite Run Mall, was launched. Mr.Kirchgasser asked for a moment of silence for Joe and Pete.

Item 2A

Township Council Meeting July 12, 2021

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B. COMMITTEE

Mrs. Powell stated the Land Planning Committee met tonight to discuss changes to the Building Code and also heard a request to purchase Township owned property on Rt. 352.

C. MANAGER Mr. McMullan introduced Trooper Jessica Tobin to give her May and June reports. Trooper Tobin stated it is so nice to finally meet again in person. She stated her role in the Pennsylvania State Police recently changed. She went from being a Community Service Officer to a Community Affairs Officer. She stated her roles and responsibility is to still consist of dealing with non-emergency complaints associated with the five Townships and the two boroughs that the State Police cover. She stated her coverage includes all of Delaware County, all of Montgomery County and Philadelphia. Trooper Tobin stated there are seventeen CAO’s across the state who focus on partnering with non-profits, mental health advocates and minority groups in dealing with hate related complaints. She stated she also works with County and State Legislators to work on partnering with each other to try to offer resources to the communities. She stated she will still offer civilian based training and education programs. She stated if there are any questions, Council has her contact information. She stated crashes increased from 21 last year to 47 this year. She stated crashes consists of reportable and non-reportable as well as injuries and without injuries. DUI arrests 3 last year, 4 this year, traffic stops 92 last year 76 this year, Criminal Burglary 1 last year and 1 this year, Criminal Mischief 1 last year and 1 this year, Thefts 3 last year 5 this year, Retail Thefts 4 last year and 4 this year, ID Thefts 1 last year and 1 this year and Domestics 5 last year and 9 this year. Some noteworthy incidents in the Township include an incident on June 1, 2021, a Trooper was dispatched to 106 New Middletown Road in front of Williamson College of the Trades for a disabled vehicle. Once the Trooper made contact with the driver he was found to be under the influence of a controlled substance. He was taken into custody and charged with a DUI. On June 30, 2021, a Trooper was dispatched to 21 Wyncroft Drive for a disturbance involving fireworks. Trooper Tobin stated there is always a significant amount of firework disturbances around July 4th; one involving a heavily intoxicated male in violation of PA law who had outstanding warrants who was transferred to Delaware County prison. On July 11, 2021, there was a traffic stop on Rt. 1 and Granite Drive with the driver being under the influence of a narcotic and in possession of methamphetamines resulting in him being charged and arrested. She stated there were 53 domestic security checks in the Township which includes business, churches, schools etc. Trooper Tobin reported the Criminal Investigation Unit within the PSP cleared four homicides and secured three confessions from convicted serial killer Edward Surratt who is serving two life sentences and who also committed a murder in Florida and South Carolina. Trooper Tobin stated the PSP is working on full transparency when it comes to data and in conjunction with this, the 2020 DUI statistics have been released for public access at www.psp.gov. She stated there were 18,412 DUI arrests last year which is a 17% decrease from 2019 which had 22,139 arrests. Trooper Tobin ended her report by saying the police will be working with the Summer Recreation Camp on July 15, 2021, at the Roosevelt Community Center. She stated they will have the canine unit available as well as displays and information.

http://www.psp.gov/


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D. ENGINEER SEE ATTACHED ENGINEER’S REPORT

Mr. Kirchgasser asked about the restoration on South Old Middletown Road and when it will be completed. Mr. McMullan stated the restoration will be part of the road improvement program. He stated the first bid went out today and the second bid will come out next Monday, and he is hopeful work will commence prior to school opening. He stated the Township negotiated with PECO and AQUA for a contribution which caused some delay.

5. OLD BUSINESS - N/A 6. NEW BUSINESS

A. Consideration for Adoption: Ordinance 832, Authority for the Middletown Township Sewer Authority to incur debt to finance the refunding of MTSA’s 2016 Series Bond in the aggregate amount of $10,000,000.

Mr. McMullan stated before Council is Ordinance 832 for the Sewer Authority to incur debt to refinance the 2016 Series Bond. He stated Melissa Hughes from PFM is at tonight’s meeting. Ms. Hughes stated what Council is being asked to consider tonight is the maximum parameters Ordinance which lays out the maximum principal amount, the maximum interest rate, and the maximum final maturity, which matches the existing bonds. She stated the principal amount is $10,000,000 which is larger than the amount of the bonds to be refunded to allow enough flexibility in every year to get the bonds structured correctly. She stated under this guarantee Ordinance, Council will be pledging if the Sewer Authority does not make payment to the bond holders, the Township will step in and make payment. In providing this pledge, it allows the Sewer Authority to trade on the Township’s credit which reduces the overall cost. She stated the refunding will save approximately $300,000. Ms. Suzanne May stated the Ordinance is the single legal action that needs to be taken by Council to authorize the supplement to the lease and the guarantee agreement which are all part and parcel of the Sewer Authority’s Bond. Mr. Read made a motion to adopt Ordinance 832. Mr. Byrne seconded the motion. The motion carried with a vote of 4-0.

B. Consideration for Approval: Resolution 2021-18, Acceptance of Dedication of Mattrissa Ridge-Darlington Pointe.

Mr. McMullan stated before Council is Resolution 2021-18 for the dedication of Mattrissa Ridge/Darlington Pointe. He stated the Township has retained the allowable amount per the Municipal Planning Code and also retained additional income from the prior engineer’s agreement with the builder for landscaping. He stated he has the current engineer certification. Mr. McMullan stated the project is complete.


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Mr. Kirchgasser stated there has been a substantial delay in the final paving of the project with degradation of stormwater and other things and asked if there is a provision should there be a failure of any of the stormwater provisions. Mr. Damico stated there is an 18-month guarantee. Mrs. Powell made a motion to approve Resolution 2021-18. Mr. Byrne seconded the motion. The motion carried with a vote of 4-0.

C. Consideration for Approval: Resolution 2021-19, Authorizing a fifteenth month extension amending the prior approval of Resolution 2016-77, Granite Manor Subdivision, 33 N. Middletown Road.

Mr. McMullan stated before Council tonight is a Resolution amending a prior resolution. Mr. Andrew Donaghy, representing the applicant, Joseph Convery, stated his client bought the property seven years ago which consisted of an existing farm structure on the property which has been restored. He stated Mr. Convery’s daughter and husband reside in the structure. He stated there are three more units to be built and he and his wife intend to reside in one of them. Mr. Donaghy stated at the time Mr. Convery brought the project to the Township he was able to do septic systems and he had all the necessary perc tests done and approved. Since then, the sewer system was extended to his property and the septic system is not necessary. He stated Mr. Convery attempted to restart but unfortunately, he has Lyme disease, contracted COVID-19, and has undergone surgery. He stated they are requesting an extension because the resolution will expire in August. Mr. Byrne made a motion to approve Resolution 2021-19. Mr. Read seconded the motion. The motion carried with a vote of 4-0.

D. Approval of July 12, 2021, Bill List.

Mr. Kirchgasser read the bill list aloud.

GENERAL FUND

Charles A. Higgins & Sons.

Traffic Light Maintenance $ 6,143.45

McCormick Taylor PA 452 & SR 1 $ 10,923.02

General Fund Total $ 17,066.47

CAPITAL RESERVE

GO2 Tech Device Upgrade & 1 year Cloud Retention $ 9,579.87

CAPITAL RESERVE HIGHWAY IMPROVMENT

Charles A. Higgins & Sons P44 Cabinet $ 34,658.60


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Mrs. Powell made a motion to approve the Bill List. Mr. Read seconded the motion. The motion carried with a vote of 4-0.

Mr. Kirchgasser adjourned the meeting at 7:32 p.m. Respectfully Submitted, Sharon Browne

I:\Projects\Municipal\MT Middletown Twp\000\Engineers Reports\2021\2021 7 9.Docx

Middletown TownshipEngineer’s Report

July 12, 2021Council Meeting

MARINER 2 PIPELINE MT100 Ea

Horizontal Direction Drill HDD #591 (Sleighton Park to 143Valley Road) The reaming phase of the installation isapproximately 95% complete. Anticipated commencementof pipe installation (pullback) is July 13, 2021. Sunoco/ETP, asagreed, has been implementing a geologic and geophysical“monitoring” plan, which is designed for early detection ofpotential earth features (should they arise during and/orafter directional drilling). Additional field testing (borings)was recently completed at the intersection of Valley/W.Forge Road as a result of data collected as part of themonitoring plan. Borings completed resulted in theconclusion that “at no point during this investigation wasthere a threat to public safety, roadway traffic or otherutilities in the area, and there was no evidence of a change tothe road at or directly below the surface”. The Township’sgeophysics consultant is in the process of reviewing theinformation related to the borings that were completed onJuly 1 and July 2, 2021.Tunbridge Apartments – All work and restoration arecomplete.Riddle Junction Valve Station – Open trench pipe installationbetween the valve station and Tunbridge Apartments iscomplete. Permanent restoration is complete with theexception of the area immediately surrounding the valve site,which will be completed once the final tie in is completedbetween the previously installed 16 inch pipeline and theinactive segment of pipeline.Glen Riddle Station Apartments – Direct pipe installation anddual pipeline installation (within the metal casing) iscomplete. Physical connection of direct pipe segment withthe Glen Riddle Road pipe bore is complete. Final restorationof grass sod is complete. Concrete curb replacement andpaving repair/overlay is to be completed over the next 1 to 2weeks.Riddlewood Drive – Sunoco/ETP has completed installation ofdirect pipe and has also completed installation of bothpipelines within the direct pipe metal casing. Open trenchpipe installation from the end of the direct pipe section,towards the terminus of the pipelines (near Pennell Road) iscomplete. Final restoration will begin in 1 to 2 weeks.

Middletown TownshipRE: Engineer’s Report for July 12, 2021 Council Meeting

July 9, 2021Page 2


30 War Trophy – Work is complete and final restoration hasbegun. Electric will be reconnected to the dwelling over thenext 1 to 2 weeks.This office has updated the overall project status report andexhibits, which we typically do on a quarterly basis(approximately). These exhibits graphically depict all workthat is complete, partially complete, temporarily restored orincomplete, including stormwater controls, permanentstabilization, landscape plantings, and approximate pipeinstallations, including directional drills and bores.Engineering certifications have been received for allpermanent stormwater controls proposed with this projectfor compliance with Township Code Chapter 198,Stormwater Management. Although controls include bothstructural (e.g. surface or underground basins) and nonstructural improvements (e.g. plantings, amended soils,brush seeding), controls are predominantly non structuraldue to the linear nature of the work. Undergroundinfiltration basin was recently completed near the west sideof Valley Road, approximately 1/8th of a mile north of W.Forge Road.

PIPELINE MAINTENANCE PROJECTS

Sunoco Pipeline LP (SPLP) – Wawa Upgrade – CathodicProtection Darlington and Valley Road area. A permit hasbeen granted by the Township and it is our understanding thiswork is scheduled to begin in 1 to 2 weeks.Sunoco Pipeline LP (SPLP) – Riddlewood CP System CathodicProtection – Riddlewood Drive and Pennell Road Area.Permit applications have been reviewed and permit issuedfor the work. This work is currently on hold.SWEPI, L.P. (aka Shell Oil Company) – Brookhaven PipelineRemoval. A Grading and Excavating permit was granted bythe Township for the removal (from Chester Creek) of aninactive 6” steel pipeline near 646 Creek Road. Work hasbeen completed.MIPC, LLC (Monroe Energy) A Grading and Excavating permithas been granted by the Township for the protection of anexisting, active 8” steel pipeline near 646 Creek Road. Thepipeline is visible within the bed of Chester Creek and will beprotected with concrete blanket. Work has not yet begunand there is no schedule yet for commencement.


July 9, 2021Page 3


SEPTA R3 2 MT120 Bwa

Construction activity is ongoing from near Elwyn Station tojust north of the right of way intersection with Rt. 1. Workincludes the replacement or rehabilitation of numerousstormwater culverts, replacement of bridges, installation ofnew bridges, widening and reprofiling of tracks, roadwayimprovements, and stormwater management facilitiesinstallation. Installation of all stormwater culverts andpedestrian culverts is now complete.


A Grading and Excavation Permit has been issued to SEPTAfor grading work associated with the R3 3 Land Development,specifically including the parking garage, driveway, stationbuilding, and the Lenni Facility. Work is on going.

TOWNSHIP GUIDERAIL PROGRAM MT124 E

The guiderail program is for the installation and/orreplacement of guiderail along the following 6 segments ofTownship roadway (including the segments associated withthe recently completed 2019 contract): Howarth Road, E.Knowlton Road (North), E. Knowlton Road (South), DarlingtonRoad (East), Darlington Road (West) and Valley Road.Preliminary design plan is complete for E. Knowlton Road(South), Darlington Road (West) and Valley Road. Bid lettingfor this work has not yet been scheduled and is now projectedfor 2021. Significant utility pole relocation and tree removalis required for these projects.The Township applied for an A.R.L.E. grant for the completionof guiderail projects in 2020, but was not awarded the grant.The Township has re applied for this grant for the 2021calendar year and has offered a grant match which willimprove the probability of the grant being awarded. A.R.L.E.is the Automated Red Light Enforcement TransportationEnhancements Grant Program established in 2010 as aPennDOT administered competitive grant program inaccordance with PA Vehicle Code (75Pa.C.S.) §3116(l)(2) and §3117(m)(2). Funding for theprogram is generated from the net revenue of fines collectedthrough Automated Red Light Enforcement Systems. Grantapplications are accepted annually during the month of June.


July 9, 2021Page 4


TOWNSHIP CODE AMENDMENTS MT110 SERIES

The following Codes are in the process of being amendedprior to the end of 2021: Chapter 186 (Soil Erosion andSedimentation Control), Chapter 204 (Streets and Sidewalks),Chapter 210 (Subdivision and Land Development) andTownship Standards (construction standards, details andspecifications).Chapter 198 (Stormwater Management Ordinance) –Amended Ordinance was adopted by Council and went intoeffect starting on January 9, 2020.Preparation of Draft revisions to Chapter 186 (Soil Erosionand Sedimentation Control), has been completed anddistributed to Township review committee. The document isin the process of being reviewed by Township Staff andconsultants.Preparation of a new Township Code, Chapter 77 (BuildingPermit and Occupancy Procedures) has been completed anddistributed to Township review committee. The document isin the process of being reviewed by Township Staff andconsultants. Chapter 77 is intended to establishrequirements and procedures for obtaining building permitsand requirements for approval of Certificates of Occupancyfor occupiable structures. The draft ordinance will bereviewed with the Land Planning Committee in the nearfuture.“Township Standards and Specifications” has been reviewedby Township Staff and revisions to the document, as well asvarious Township application forms, is in process. Thisdocument is to formally update/upgrade and replacenumerous construction details and policy documents utilizedby the Township over the last many years. It is anticipatedthat upon review by Township staff, this document will bepresented to Council for review. This document can (andshould) be updated periodically to include additionalconstruction details, guidance documents, forms, etc. if theybecome necessary.

STORM SEWER REPAIR – 12 GLEN RIDDLE ROAD MT100 M

Replacement of severely deteriorating storm sewertraversing the private property of #12 Glen Riddle Road(through a Township easement) is complete. This project isnow complete.


July 9, 2021Page 5


STORM SEWER REPAIR – 37/43 ORIOLE AVENUE MT100 L

Replacement of severely deteriorating storm sewertraversing 37 and 43 Oriole Avenue, from Oriole Avenue tothe Promenade at Granite Run shopping center (west ofBoscov’s). Work is also being completed on 37 Oriole Avenueto decommission and remove existing storm sewer pipe thatwill no longer be utilized. This project is now complete.

STORM SEWER REPAIR – 17 PENN CHARTER DRIVE MT100 T

Replacement of severely deteriorating storm sewertraversing from Penn Charter Drive, thru 17 Penn CharterDrive, to an endwall near 19 Penn Charter Drive. Survey hasbeen completed and engineering design is on going.

ROOSEVELT SCHOOL MT100 O

The Township has completed survey of the entire schoolproperty. The plan will be updated in the near future to showthe location of an underground tank that was demolished bythe Township several years ago; and additional sanitarysewer information recently discovered at the site (bothbrought to our attention by Vince Visoskas).Sketch Plan for rear parking lot, tot lot/playground andstormwater management facilities has been completed andsubmitted to the Township for inclusion and grant applicationfor project funding.

SUNNY BRAE STORMWATER BASIN REVITALIZATION MT100 K

Awarded Mariner East 2 Pipeline Corridor Grant Funds($198,472.00).The Township submitted a PA DCED Flood MitigationProgram Grant application for $275,000.00 but was onlyawarded a small fraction of the requested funding.Basin area is located on land owned by the Township to therear of #38 Gallant Fox Drive.Draft construction plan of the basin revitalization is complete,including a recent revision to the basin embankments (behind#38 Gallant Fox Drive, requested by the property owner) andhas been reviewed with Township Staff.DRAFT temporary construction easement plans have beenprepared and will be the basis of acquiring permission fromthree property owners to complete the project. The


July 9, 2021Page 6


Township has begun negotiating with property owners foraccess to adjoining properties to complete the work andapproval of scope of work on each impacted property.This project has been delayed due to COVID 19, negotiationswith impacted residents for work space access, temporaryconstruction access and approval of work proposed onprivate property (that must be completed as part of the basinproject) and due to funding considerations. Total project costis estimated to be $500,000.00. it is anticipated that thisproject will be let for bid in late winter 2022.The Township Landscape Architect, Thomas ComittaAssociates, has completed a basin planting and seeding plan.This basin revitalization work will be submitted to PADEP as ameans to reduce sediment (PRP – Pollutant Reduction Plan)in conjunction with the NPDES Permit for the Township’s MS4(permit term from 2018 to 2023). The basin revitalizationwork will address approximately 90% of the Townshipsediment reduction requirement within the Chrome Runwatershed, for the 5 year term of the PRP approval. It is ourunderstanding the Township has 5 years from the date of PRPapproval (February 7, 2020) to complete stormwaterimprovement identified in the plan, including survey,engineering, and construction.

SMEDLEY PARK MT100 A.2

Contract for completion of Stage 2 and Stage 3 of the projectwas awarded to MECO Constructors in the amount of$1,365,151.00. Stage 2 work included the bulk field andparking lot grading work and awarded Stage 3 work includedthe installation of parking lots, driveways and some of theapproved paved trails. Alternate Bid items forbaseball/softball infields was not awarded. Stage 2/3 work iscomplete and the contractor has filed appropriatemaintenance bonds including 12 months for the entireproject and an extended bond period of 18 months forSection A of the park (closest to intersection of Rose Tree andMiddletown Road). Field areas are not open to public use atthis time, to allow grass to grow properly. Field areas will bemowed in the near future.A final construction phase is anticipated for 2021 or 2022 andmust include the following work: conversion of sediment trapnos. 1, 2, 3, 4 and 5 to permanent stormwater basincondition, installation of approximately 800 feet ofpedestrian trail (that could not be completed with the currentstages of construction), asphalt paving of approximately 400feet of paved trail (that was only completed to stone subbase


July 9, 2021Page 7


to permit future construction access for basin conversion),installation of softball infield areas, and removal of all erosionand sedimentation controls. The Township applied for agrant (in the amount of $250,000.00) to partially fundcompletion of the project; however, only a small fraction ofthe requested funding was awarded to the Township.Estimated cost to complete the final phase of work isapproximately $500,000.00.The NPDES Permit for the Park project expires on December19, 2022. PennDOT Highway Occupancy Permits have beenextended to September 2021 and will be extended yearly asneeded.

MS4 NPDES PERMIT/POLLUTANT REDUCTION PLAN MT300 18

Pollutant Reduction Plan (PRP) for the PADEP NPDES Permit termof 2018 2023 was submitted to PADEP on December 4, 2019 andfinal approval of the PRP was issued on February 7, 2020. Althoughthe NPDES permit term is 2018 to 2023, the Township has 5 years(from the date of PRP approval) to complete design, permitting,and construction of all of the proposed stormwater facilities(BMPs) described in the PRP. The PRP includes an estimation ofcost to complete all stormwater facilities required by the State aspart of the approved PRP, prior to the end of the PRP approval term(February 2025). It is anticipated that Sunny Brae Basinrevitalization will be the first stormwater BMP from the PRP, to becompleted (in 2021). The Township has submitted a PA DCEDWatershed Restoration and Protection Program Grant applicationfor $296,905.00 for construction of a second stormwater BMP inTownship open space north of Highpoint Drive and south of theFranklin Mint, and is awaiting review of the application by theState. If approved, this project could feasibly be constructed in late2021 or early 2022, after completion of engineering design andpermitting.

SUBDIVISIONS/LAND DEVELOPMENTS MT305 SERIES

Riddle Hospital Expansion (Pavilion) Conditional finalapproval granted by Council. Plan has been recorded andconstruction has commenced on the pavilion building.SEPTA R3 3 Land Development Plan Conditional finalapproval granted by Council. Zoning variances required forthe project were approved in August 2019 by the ZoningHearing Board. The plan has been recorded and constructionhas commenced on the station building and parking garage(building permits have been approved).


July 9, 2021Page 8


ARTIS Senior Living Land Development – The final plan,conditional use and zoning map/text amendments have beenapproved by Council. Anticipated commencement ofconstruction is late 2020. The land development plan has notyet been recorded. We are awaiting additional minor planrevisions before the project is able to be recorded. It is ourunderstanding the applicant intends to move forward withthis project in 2021.227 Howarth Road Subdivision and Land Development(Mancill Builders) – Conditional final approval granted byCouncil. Plan has been recorded and construction hascommenced.Guss Subdivision (Howarth Road) – Conditional final approvalgranted by Council. Plan has been recorded but constructionhas not yet commenced.Promenade at Granite Run Land Development Amendedfinal approval has been granted by Council and recordationof the plan is complete. Construction pursuant to theapproved (and recorded) final plan is on going.Darlington Pointe II Subdivision Conditional final approvalgranted by Council. Plan has been recorded and constructionhas commenced.312 Lenni Road Subdivision Conditional final approvalgranted by Council. Plan has not yet been recorded.33 N. Middletown Road Subdivision (Convery) Conditionalfinal approval granted by Council. Plan has not yet beenrecorded. The plan was approved on August 22, 2016 andapproval expires in August 2021. The applicant is requestinga 15 month extension of the plan approval to permitcompletion of site work and recordation of the plan.Penncrest High School Life Skills Center and Parking LotSubdivision and Land Development – Conditional finalapproval has been granted by the Township PlanningCommission and Council. The plan has not yet beenrecorded. Constructed is schedule to begin in the nearfuture.345 Valley Road Subdivision – Conditional final approval hasbeen granted by the Township Planning Commission andCouncil. The Subdivision plan has not yet been recorded.Glenwood Elementary School Parking Lot – Plan has beenreviewed by Township staff and was recommended for finalapproval by the Planning Commission on May 12, 2020 andgranted conditional final approval by Township Council inJune 2020. The plan has not yet been recorded.


July 9, 2021Page 9


Westlake Lot Line Change – Plan has been reviewed byTownship staff and was recommended for approval by theTownship Planning Commission on March 10, 2020. The planwas granted conditional final approval by Township Councilon July 13, 2020. Plan has been recorded.Congregation Beth Yeshua Land Development – Plan hasbeen recommended for final approval by the PlanningCommission and granted conditional final plan approval byTownship Council. It is our understanding the applicantdesires to being construction in the spring of 2021 and hasobtained PennDOT Highway Occupancy Permit and NPDESpermit from PADEP. Review comments on a revised plansubmission were forwarded to the applicant’s engineer inlate July 2020 and we are awaiting plan revisions to addressthose comments.Sleighton School Tract Minor Subdivision (Valley and W.Forge) – Final approval has been granted by Council and theplan has been recorded.416 W. Forge Road Minor Subdivision Final plan has beenreviewed by Township consultants and it is ourunderstanding that layout revisions may be completed andsubmitted to the Township for review in 2021.Williamson College of the Trades Dormitory LandDevelopment Phase 4 Final approval has been granted bythe Township Planning Commission and Council and the planhas been recorded.Williamson College of the Trades Student Activity CenterLand Development Phase 5 – Conditional final approval hasbeen granted by the Township Planning Commission andCouncil. The plan has not yet been recorded.Indian Lane Elementary School Parking Lot and Baseball FieldRelocation – Conditional final approval has been granted bythe Township Planning Commission and Council. The planhas not yet been recorded.Luongo Reverse Subdivision and Land Development –Township Consultants have reviewed the first submission ofthe plan and the Township is awaiting direction from theapplicant on future plan revisions and further consultantreview which is necessary before the application can bereviewed by the Planning Commission and Council. ZoningVariances are required for this land development.Sleighton School Tract Subdivision (Middletown Townshipand Edgemont Township) – Sketch Plan and relateddocuments have been reviewed and comments submitted toTownship Administration.


Middletown TownshipEngineer’s ReportSeptember 13, 2021Council Meeting

MARINER 2 PIPELINE MT100 Ea

Horizontal Direction Drill HDD #591 (Sleighton Park to 143Valley Road) Installation is complete. Sunoco/ETP continuesto complete geologic and geophysical “monitor” in the area,which is designed for early detection of potential earthfeatures (should they arise after directional drilling). TheTownship’s geophysics consultant continues to review testingand monitoring information submitted by Sunoco/ETP. Asmall length of 20 inch pipeline remains to be installed byopen cutting at the park. Pipe testing for the installedpipeline is completed at the park and it is anticipated thatfinal restoration will be completed in two to three weeks.143 Valley Road – Pipe installation and final restoration iscomplete.Riddlewood Drive – Sunoco/ETP has completed installation ofboth pipelines. Final restoration is complete.30 War Trophy – Work is complete and final restoration iscomplete.Glen Riddle Junction Valve Station – Work is complete withthe exception of the area immediately surrounding the valvesite, which will be completed once the final tie in iscompleted between the previously installed 16 inch pipelineand the inactive segment of pipeline. There is no scheduleestablished yet for this work.This office has updated the overall project status report andexhibits, which we typically do on a quarterly basis(approximately). These exhibits graphically depict all workthat is complete, partially complete, temporarily restored orincomplete, including stormwater controls, permanentstabilization, landscape plantings, and approximate pipeinstallations, including directional drills and bores.Engineering certifications have been received for allpermanent stormwater controls proposed with this projectfor compliance with Township Code Chapter 198,Stormwater Management. Although controls include bothstructural (e.g. surface or underground basins) and nonstructural improvements (e.g. plantings, amended soils,brush seeding), controls are predominantly non structuraldue to the linear nature of the work. Undergroundinfiltration basin was recently completed near the west side

Item 4D

Middletown TownshipRE: Engineer’s Report for September 13, 2021 Council Meeting

September 9, 2021Page 2


of Valley Road, approximately 1/8th of a mile north of W.Forge Road.

PIPELINE MAINTENANCE PROJECTS

MIPC, LLC (Monroe Energy) A Grading and Excavating permithas been granted by the Township for the protection of anexisting, active 8” steel pipeline near 646 Creek Road. Thepipeline is visible within the bed of Chester Creek and is to beprotected with concrete blanket. Work is complete.


Construction activity is ongoing from near Elwyn Station tojust north of the right of way intersection with Rt. 1. Workincludes the replacement or rehabilitation of numerousstormwater culverts, replacement of bridges, installation ofnew bridges, widening and reprofiling of tracks, roadwayimprovements, and stormwater management facilitiesinstallation. Installation of all stormwater culverts andpedestrian culverts is now complete.


A Grading and Excavation Permit has been issued to SEPTAfor grading work associated with the R3 3 Land Development,specifically including the parking garage, driveway, stationbuilding, and the Lenni Facility. Work is on going.

TOWNSHIP GUIDERAIL PROGRAM MT124 E

The guiderail program is for the installation and/orreplacement of guiderail along the following 6 segments ofTownship roadway (including the segments associated withthe recently completed 2019 contract): Howarth Road, E.Knowlton Road (North), E. Knowlton Road (South), DarlingtonRoad (East), Darlington Road (West) and Valley Road.Preliminary design plan is complete for E. Knowlton Road(South), Darlington Road (West) and Valley Road. Bid lettingfor this work has not yet been scheduled and is now projectedfor 2021. Significant utility pole relocation and tree removalis required for these projects.The Township applied for an A.R.L.E. grant for the completionof guiderail projects in 2020, but was not awarded the grant.The Township has re applied for this grant for the 2021




calendar year and has offered a grant match which willimprove the probability of the grant being awarded. A.R.L.E.is the Automated Red Light Enforcement TransportationEnhancements Grant Program established in 2010 as aPennDOT administered competitive grant program inaccordance with PA Vehicle Code (75Pa.C.S.) §3116(l)(2) and §3117(m)(2). Funding for theprogram is generated from the net revenue of fines collectedthrough Automated Red Light Enforcement Systems. Grantapplications are accepted annually during the month of June.

TOWNSHIP CODE AMENDMENTS MT110 SERIES

The following Codes are in the process of being amendedprior to the end of 2021: Chapter 186 (Soil Erosion andSedimentation Control), Chapter 204 (Streets and Sidewalks),Chapter 210 (Subdivision and Land Development) andTownship Standards (construction standards, details andspecifications).Chapter 198 (Stormwater Management Ordinance) –Amended Ordinance was adopted by Council and went intoeffect starting on January 9, 2020.Preparation of Draft revisions to Chapter 186 (Soil Erosionand Sedimentation Control), has been completed anddistributed to Township review committee. The document isin the process of being reviewed by Township Staff andconsultants.Preparation of a new Township Code, Chapter 77 (BuildingPermit and Occupancy Procedures) has been completed anddistributed to Township review committee. The document isin the process of being reviewed by Township Staff andconsultants. Chapter 77 is intended to establishrequirements and procedures for obtaining building permitsand requirements for approval of Certificates of Occupancyfor occupiable structures. The draft ordinance was recentlyreviewed by the Township’s Land Planning Committee.“Township Standards and Specifications” has been reviewedby Township Staff and revisions to the document, as well asvarious Township application forms, is in process. Thisdocument is to formally update/upgrade and replacenumerous construction details and policy documents utilizedby the Township over the last many years. It is anticipatedthat upon review by Township staff, this document will bepresented to Council for review. This document can (andshould) be updated periodically to include additionalconstruction details, guidance documents, forms, etc. if theybecome necessary.




STORM SEWER REPAIR – 17 PENN CHARTER DRIVE MT100 T

Replacement of severely deteriorating storm sewertraversing from Penn Charter Drive, thru 17 Penn CharterDrive, to an endwall near 19 Penn Charter Drive. Engineeringdesign is complete. Work is anticipated to commence in early2022 after acquisition of easements and letting the projectfor bid.

ROOSEVELT SCHOOL MT100 O

The Township has completed survey of the entire schoolproperty. The plan will be updated in the near future to showthe location of an underground tank that was demolished bythe Township several years ago; and additional sanitarysewer information recently discovered at the site (bothbrought to our attention by Vince Visoskas).Sketch Plan for rear parking lot, tot lot/playground andstormwater management facilities has been completed andsubmitted to the Township for inclusion and grant applicationfor project funding.

SUNNY BRAE STORMWATER BASIN REVITALIZATION MT100 K

Awarded Mariner East 2 Pipeline Corridor Grant Funds($198,472.00).The Township submitted a PA DCED Flood MitigationProgram Grant application for $275,000.00 but was onlyawarded a small fraction of the requested funding.Basin area is located on land owned by the Township to therear of #38 Gallant Fox Drive.Draft construction plan of the basin revitalization is complete,including a recent revision to the basin embankments (behind#38 Gallant Fox Drive, requested by the property owner) andhas been reviewed with Township Staff.DRAFT temporary construction easement plans have beenprepared and will be the basis of acquiring permission fromthree property owners to complete the project. TheTownship has begun negotiating with property owners foraccess to adjoining properties to complete the work andapproval of scope of work on each impacted property.This project has been delayed due to COVID 19, negotiationswith impacted residents for work space access, temporaryconstruction access and approval of work proposed onprivate property (that must be completed as part of the basin




project) and due to funding considerations. Total project costis estimated to be $500,000.00. it is anticipated that thisproject will be let for bid in late winter 2022.The Township Landscape Architect, Thomas ComittaAssociates, has completed a basin planting and seeding plan.This basin revitalization work will be submitted to PADEP as ameans to reduce sediment (PRP – Pollutant Reduction Plan)in conjunction with the NPDES Permit for the Township’s MS4(permit term from 2018 to 2023). The basin revitalizationwork will address approximately 90% of the Townshipsediment reduction requirement within the Chrome Runwatershed, for the 5 year term of the PRP approval. It is ourunderstanding the Township has 5 years from the date of PRPapproval (February 7, 2020) to complete stormwaterimprovement identified in the plan, including survey,engineering, and construction.

SMEDLEY PARK MT100 A.2

Contract for completion of Stage 2 and Stage 3 of the projectwas awarded to MECO Constructors in the amount of$1,365,151.00. Stage 2 work included the bulk field andparking lot grading work and awarded Stage 3 work includedthe installation of parking lots, driveways and some of theapproved paved trails. Alternate Bid items forbaseball/softball infields was not awarded. Stage 2/3 work iscomplete and the contractor has filed appropriatemaintenance bonds including 12 months for the entireproject and an extended bond period of 18 months forSection A of the park (closest to intersection of Rose Tree andMiddletown Road). Field areas are not open to public use atthis time, to allow grass to grow properly. Mowing of the fieldareas is presently the responsibility of the Contractor.A final construction phase is anticipated for 2021 or 2022 andmust include the following work: conversion of sediment trapnos. 1, 2, 3, 4 and 5 to permanent stormwater basincondition, installation of approximately 800 feet ofpedestrian trail (that could not be completed with the currentstages of construction), asphalt paving of approximately 400feet of paved trail (that was only completed to stone subbaseto permit future construction access for basin conversion),installation of softball infield areas, and removal of all erosionand sedimentation controls. The Township applied for agrant (in the amount of $250,000.00) to partially fundcompletion of the project; however, only a small fraction ofthe requested funding was awarded to the Township.




Estimated cost to complete the final phase of work isapproximately $500,000.00.The NPDES Permit for the Park project expires on December19, 2022. PennDOT Highway Occupancy Permit work iscomplete and the Township is in the process of closing thepermits.

MS4 NPDES PERMIT/POLLUTANT REDUCTION PLAN MT300 18

Pollutant Reduction Plan (PRP) for the PADEP NPDES Permit termof 2018 2023 was submitted to PADEP on December 4, 2019 andfinal approval of the PRP was issued on February 7, 2020. Althoughthe NPDES permit term is 2018 to 2023, the Township has 5 years(from the date of PRP approval) to complete design, permitting,and construction of all of the proposed stormwater facilities(BMPs) described in the PRP. The PRP includes an estimation ofcost to complete all stormwater facilities required by the State aspart of the approved PRP, prior to the end of the PRP approval term(February 2025). It is anticipated that Sunny Brae Basinrevitalization will be the first stormwater BMP from the PRP, to becompleted (in 2021). The Township has submitted a PA DCEDWatershed Restoration and Protection Program Grant applicationfor $296,905.00 for construction of a second stormwater BMP inTownship open space north of Highpoint Drive and south of theFranklin Mint, and is awaiting review of the application by theState. If approved, this project could feasibly be constructed in late2021 or early 2022, after completion of engineering design andpermitting.

SUBDIVISIONS/LAND DEVELOPMENTS MT305 SERIES

Riddle Hospital Expansion (Pavilion) Conditional finalapproval granted by Council. Plan has been recorded andconstruction has commenced on the pavilion building.SEPTA R3 3 Land Development Plan Conditional finalapproval granted by Council. Zoning variances required forthe project were approved in August 2019 by the ZoningHearing Board. The plan has been recorded and constructionhas commenced on the station building and parking garage(building permits have been approved).ARTIS Senior Living Land Development – The final plan,conditional use and zoning map/text amendments have beenapproved by Council. Anticipated commencement ofconstruction is late 2020. The land development plan has notyet been recorded. We are awaiting additional minor planrevisions before the project is able to be recorded. It is our




understanding the applicant intends to move forward withthis project in 2021.227 Howarth Road Subdivision and Land Development(Mancill Builders) – Conditional final approval granted byCouncil. Plan has been recorded and construction hascommenced.Guss Subdivision (Howarth Road) – Conditional final approvalgranted by Council. Plan has been recorded but constructionhas not yet commenced.Promenade at Granite Run Land Development Amendedfinal approval has been granted by Council and recordationof the plan is complete. Construction pursuant to theapproved (and recorded) final plan is on going.Darlington Pointe II Subdivision Conditional final approvalgranted by Council. Plan has been recorded and constructionhas commenced.312 Lenni Road Subdivision Conditional final approvalgranted by Council. Plan has not yet been recorded.33 N. Middletown Road Subdivision (Convery) Conditionalfinal approval granted by Council. Plan has not yet beenrecorded. The plan was approved on August 22, 2016 andwould have expired in August 2021, but the applicantreceived approval of a 15 month extension of the planapproval to permit completion of site work and recordationof the plan.Penncrest High School Life Skills Center and Parking LotSubdivision and Land Development – Conditional finalapproval has been granted by the Township PlanningCommission and Council. The plan has been recorded andconstruction of the bus facility parking lot has begun.345 Valley Road Subdivision – Conditional final approval hasbeen granted by the Township Planning Commission andCouncil. The Subdivision plan has not yet been recorded.Glenwood Elementary School Parking Lot – Plan has beenreviewed by Township staff and was recommended for finalapproval by the Planning Commission on May 12, 2020 andgranted conditional final approval by Township Council inJune 2020. The plan has not yet been recorded.Congregation Beth Yeshua Land Development – Plan hasbeen recommended for final approval by the PlanningCommission and granted conditional final plan approval byTownship Council. It is our understanding the applicantdesires to being construction in the spring of 2021 and hasobtained PennDOT Highway Occupancy Permit and NPDESpermit from PADEP. Review comments on a revised plan




submission were forwarded to the applicant’s engineer inAugust 2021 and it is anticipated that construction may beginin the Fall of 2021.416 W. Forge Road Minor Subdivision Final plan has beenreviewed by Township consultants and it is ourunderstanding that layout revisions may be completed andsubmitted to the Township for review in 2021.Williamson College of the Trades Dormitory LandDevelopment Phase 4 Final approval has been granted bythe Township Planning Commission and Council and the planhas been recorded.Williamson College of the Trades Student Activity CenterLand Development Phase 5 – Conditional final approval hasbeen granted by the Township Planning Commission andCouncil. The plan is in the process of being recorded andconstruction is scheduled to commence at the end ofSeptember 2021.Indian Lane Elementary School Parking Lot and Baseball FieldRelocation – Conditional final approval has been granted bythe Township Planning Commission and Council. The planhas not yet been recorded.Luongo Reverse Subdivision and Land Development –Township Consultants have reviewed the first submission ofthe plan and the Township is awaiting direction from theapplicant on future plan revisions and further consultantreview which is necessary before the application can bereviewed by the Planning Commission and Council. ZoningVariances are required for this land development.Sleighton School Tract Subdivision (Middletown Townshipand Edgemont Township) – Informal sketch plan and relateddocuments have been reviewed and comments submitted toapplicant. We are awaiting plan and submission documentrevisions from the applicant prior to public hearings formallycommencing.

Item 6A


RESOLUTION 2019-i�

WHEREAS, a Conditional Use Application of PML Associate·s for property at 137 W . .Knowlton· Road has been submitted for approval requesting a modification of prior Conditional Use approval's in conjunction with an Agreement between the Township and PML Associates dated June 8, 1992, as amended wherein Applicant has requested permission to add the following activities to its present operations: sale of locally-produced beer, sale of locally-produced hard cider and sale of wine; and

WHEREAS, the Application for Conditional Use approval has been submitted pursuant to Section 275-206.B.(3) of the Middletown Township Zoning Ordinance; �nd

WHEREAS, the Application has bee_n reviewed by, the Middletown Township Planning Commission in accordance with Zoning Ordinance requirements and a recommendation, of approval was given by the Middletown township Planning Commission; and

.

· WHEREAS, a Public Hearing on the Application before the Township Council was held onJanuary 28, 2019 pursua'nt to Public Notice and other notices required by the MiddletowriTownshiP, Zoning Ordinance. · ·

. NOW; THEREFORE, BE IT RESOLVED.that the above·-cited Conditional Use Application be and the same is hereby approved, subject.to the following conditions and restric_tions:

1. PML Associates will be permitted to have sal:es, (by·others licensed by the PA Liquor_Control Board) of: (a) closed containers of wine� hard cider and beer, and (b) wine,hard cider and beer by-the-glass 'fof consurnptidn on premis�s.· . . .

2. A copy of the Permit or Permits issued by the Pennsylvania liqu9r Control Board shall_

. be provided to the Towriship not less than five days prior to the date of any proposed.. sales. The permit can be sent to .the Township electronically .. Sales of closed · .. containers and by-the-glass of wine,.beer or hard .Cid.er sh ail be limited to the date set

forth on the Pennsylvania Liquor Control Board Permits. . . .

3. The sale of beer, wine and hard cider, either for consumption on premises or offpremises, sh�II be _limited to not more than 100 days per calendar year.

4. The sales areas shall be restricted to the Octagonal· Barn Foundation, ·the GardenC�nter, the Corporate Party Area next to the petting zoo, and the Farmer's Market,including the porch. In addition, Applicant shaH be permitted to conduct said salesanywhere on the 32 acre property known as 137 West Knowlton Road, (the Property)provided the area of sales does not exceed 10,000 square feet, and the areas of salesshall be physically separated from any other areas of business conducted at theProperty, however there can only'be one such sales area at any one time.

Exhibit "B"

Item 7A


RESOLUTION 2021-22

WHEREAS, Middletown Township (the “Employer”) entered into an agreement with ICMA Retirement Corporation (now known as Mission Square Retirement) for the purpose of establishing a Money Purchase Plan and Trust (Plan Number 100006) known as Middletown Township Defined Contribution Plan (the “Plan”) with an effective date of January 1, 2019 ; and

WHEREAS, the Employer established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and

WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives and has determined that an amendment to the agreement is necessary to clarify the vesting schedule contained within the Plan, and

WHEREAS, it is the Employer’s intent that the vesting provisions of the plan be clarified to state that an employee’s participation and vesting in the Plan commences the 1st of the month following thirty days of employment,

NOW, THEREFORE, BE IT RESOLVED that Employer hereby amends and restates the deferred compensation plan (the “Plan”) in the form of:

1) The Plan and Trust and any associated amendments provided by the Employer(executed copies attached hereto).

BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee (“Trustee”), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of Plan assets held in Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries.

BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan and hereby authorizes the Township Manager to execute all necessary agreements with ICMA-R (now known as Mission Square Retirement) incidental to the administration of the Plan.

RESOLVED this 13th day of September 2021 by the Middletown Township Council, Delaware County, Pennsylvania, at a regularly scheduled public meeting.

ATTEST: TOWNSHIP COUNCIL

John McMullan Mark Kirchgasser Township Manager Chairman of Council

Item 7B

middletown township delaware county, …

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