EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
Meeting of the Board – July 10, 2017
Chairman Richard P.S. Hannum, Jr. called the public meeting to order at 7:00 p.m. in the Township Building by leading the group in the Pledge of Allegiance. Board members John Sarro, Eddie G. Caudill, Christine Kimmel and Robert F. Weerwere also present, as was Solicitor Frone Crawford, and Planning Commission Chairman Cuyler Walker.
Public Comment Period. No public comments.
Minutes of June 5, 2017. The minutes were approved with edits from Bob Weer by a vote of 5-0.
Ordinance to authorize the Kennett Fire and EMS Regional Commission. Cuyler Walker introduced the Ordinance to authorize East Marlborough Township to enter into an Inter-municipal Agreement with Kennett, Pennsbury, Newlin and Pocopson Townships as well as Kennett Square Borough to form the governing body for the Kennett Fire and EMS Regional Commission. The Supervisors voted unanimously (5-0) to pass the Ordinance and approve the governing documents which included the Bylaws, Articles of Incorporation and Inter-Municipal Agreement.
Appointment of Representatives to the Kennett Fire and EMS Regional Commission. Mr. Hannum informed the Supervisors that they needed to appoint one Commissioner and an Alternate Commissioner to represent East Marlborough Township and suggested that the taxpayers would be best served to have Mr. Walker serve as the Commissioner. Mr. Walker has been involved in establishing the Commission and has the most knowledge about the process and the objectives of the Commission. The Supervisors voted unanimously to appoint Cuyler Walker to be the East Marlborough Commissioner to the Kennett Fire and EMS Regional Commission. Mr. Sarro asked the Township Manager if she would be willing to serve as the Alternate Commissioner and Mrs. Prysock said she would be willing to serve in that capacity. Mr. Weer expressed an interest in serving as the Alternate Commission and Mr. Sarro withdrew his recommendation for Mrs. Prysock to serve in that capacity. The Supervisors voted (4-0) to appoint Mr. Weer as the Alternate Commissioner to the Kennett Fire and EMS Regional Commission.
Walnut Walk Escrow Release #4. Based on Mr. Hatfield’s recommendation, the Supervisors approved the release of $492,408 for the Walnut Walk Phase II subdivision. The supervisors voted 5-0 to approve the release.
Avello Conditional Use Order for a Medical Marijuana Grower/Processor Facility. Mr. Crawford informed the public that he had drafted the Order to reflect the sentiment of the Supervisors. Mr. Hannum asked the Supervisor to vote to accept the Findings of Law from the Hearings, the Supervisors voted unanimously (5-0) to accept the Findings. Mr. Hannum read the Conditional Use Order which stated, “ And now, on this 10th day of July, 2017, the application of Enrico Avello, Jr. and Enrico Avello, Sr. for conditional use approval to develop and use their property located at 532 N. Walnut Road (tax parcel 61-5-207.1) as a medical marijuana growing and processing facility, shall be and the same is hereby DENIED. The Supervisors voted unanimously (5-0) to approve the Order.
Pratt Subdivision, lot line change. Ed Foley representing Jean and Jane Pratt asked the Supervisors to approve the lot line change to add .371 to the property owned by Dick and Kathy Pratt removing it from the property now owned by BizBuySolutions, formerly owned by Jean and Jane Pratt. Mr. Foley said a variance had been obtained by the Pratts from the Zoning Hearing Board to make parcel 61-5-152.2 a non-conforming lot. The Planning Commission had also supported the lot line change but asked that the conditions imposed by the Zoning Hearing Board get added to the plan that would be registered with the Recorder of Deeds. The conditions included the following:
- The new acreage could not be included in any calculations for density in the future.
- The .371 can’t be subdivided in the future to create a stand-alone lot.
The Supervisors voted unanimously (5-0) to approve the lot line change.
Kennett Library 2016 Annual Report. East Marlborough’s representative to the Kennett Library Board Margaret Egli gave an overview of the library’s activities. Mrs. Egli thanked the Supervisors for their vision to support library and updated them on all of the programs that benefit East Marlborough residents. Mrs. Egli said that the library has decided to pursue building a new facility without partnering with the Kennett Square Borough. Shortly the library will undertake an $8 million campaign to fund the building as well as holding a fundraiser on October 10, 2017. Mr. Weer asked to verify the amount that East Marlborough contributed to the library in 2016 as it was shown to be slightly lower than 2015. Mrs. Prysock said she would confirm the numbers and get back to the Supervisors with the reason for the difference.
MS4 Permit Application Review. Neil Carlson from Vandemark & Lynch updated the Supervisors on the MS4 Permit process and asked them to accept the proposed application to DEP to renew the permit. Mr. Carlson said the permit application is based on the information that was provided to the Supervisors at Public Meetings in May and June. If the Supervisors approve the permit it will be advertised and available for public inspection at the Township Building. The timeline for the project is 5 years. The permit application will be submitted to DEP in early September. The projected cost to meet the goals outlined in the permit is $69,325. The Supervisors voted unanimously (5-0) to approve the permit application.
Resolution 2017-10. Laurie Prysock introduced Resolution 2017-10 to Support Kennett Township’s efforts to construct and maintain a pedestrian/bike path in the Right of Way along Cedarcroft Road. The bike trail will connect the path on Mill Road to the trails in Anson Nixon Park. Kennett Township will seek a grant to pay for the trail but it will be constructed in East Marlborough Township. Mr. Sarro asked whether having the trail would increase East Marlborough’s risk and Solicitor Crawford said it probably would and advised that the trail, if completed, should be added to East Marlborough Township’s commercial insurance policy. Mr. Weer and Mr. Caudill raised concerns about a pedestrian/bike crossing at Cedarcroft Road and Route 82 and asked if Kennett Township would consider relocating the crosswalk near the KAU Baseball entrance. Mr. Caudill also raised concerns about the trees that are located in the Right of Way along Cedarcroft and wanted to make sure Kennett Township was aware that of East Marlborough Township’s prohibition on removing specimen trees. The Supervisors voted (4-1) in favor of the Resolution with Mr. Caudill opposing.
Resolution 2017-11. Laurie Prysock introduced Resolution 2017-11 A Resolution Authorizing Application to the 2017 Automatic Red Light Enforcement (ARLE) Grant to the Pennsylvania Department of Transportation. The grant will be used to improve the flow of traffic and increase safety at the intersection of Route 82 – Unionville Road, with the north and southbound ramps of Route 1 – the Kennett Oxford Bypass, and with Cedarcroft Road by providing a new signal at the intersection of Unionville Road and the Route 1 southbound ramps, reconfiguring the Cedarcroft approach, and modifying the existing signal at the intersection of Unionville Road and the Route 1 northbound ramps.
If approved, the grant would cover 70% of the projected cost to complete the project, $818,814 in total, with a 15% match ($122,222) from both East Marlborough and Kennett Townships. Mr. Caudill raised concerns about partnering with Kennett Township on the project due to past issues with sharing the cost of the bridge over Route 1 at Longwood Gardens. Mr. Walker spoke in favor of applying for the grant stating that the traffic is going to have to be addressed at some point in the near future and it would be in the taxpayer’s interest to try to get funding from the state to cover 70% of the cost. The Supervisors voted unanimously (5-0) to approve Resolution 2017-11.
McKinstry Lot Line Change. East Marlborough resident Robert McKinstry, Jr. spoke to the Supervisors to request a reverse subdivision of their property located at 548 Schoolhouse Road. The property will combine tax parcel 61.80.1 (2 acres) and 61.80.2 (18 acres) into one 20 acre parcel. The Supervisors approved the lot line change with a unanimous (5-0) vote.
FEMA Flood Plain Ordinance. The Supervisors scheduled a hearing for August 7th to review the FEMA Flood Plain Ordinance. The hearing will take place immediately before the regularly scheduled Board of Supervisors meeting.
Bills. By unanimous vote (5-0) the Supervisors approved payment of invoice with the following totals:
General Fund: $382,283.76
State Fund: $ 1,683.93
Payroll: $ 44,401.49
Sewer Fund: $ 20,327.40
Unionville Park: $ 9,366.26
Treasurer’s Report. By unanimous vote (5-0) the Treasurer’s Report was accepted as submitted.
The public meeting was adjourned at 9:30 p.m., at which point the Supervisors went into Executive Session to review personnel policies.
EAST MARLBOROUGH TOWNSHIP
BOARD OF SUPERVISORS
AGENDA – July 10, 2017 – 7:00 P.M.
A public hearing will be held immediately preceding the meeting on the proposed Inter-municipal EMS Ordinance.
- Call to Order and Pledge of Allegiance
- Public comment period
- Approval of Minutes of June 5, 2017
- Regional EMS Commission Ordinance
- Appointment of a Representative to Regional EMS Commission
- Escrow Release #4 Walnut Walk Phase II requested by Doug Knox
- Conditional Use Order for Avello Medical Marijuana Grower/Processor
- Lot Line Change for 649 Unionville Road, Pratt Property
- Lot Line Change for 548 School House Road, McKinstry Property
- Kennett Library 2017 Annual Report presented by Margaret Egli
- MS4 Permit Approval by Neil Carlson
- Resolution in support of Cedarcroft Road Bike/Pedestrian Path
- Resolution to co-apply for an ARLE grant for Route 82/Cedarcroft Road Signal
- Treasurer’s Report
Note: There will be an executive session immediately following the public hearing to review personnel policies.
NOTICE IS HEREBY GIVEN that the East Marlborough Township Board of Supervisors will hold a public hearing commencing at 7:00 p.m. on Monday, July 10, 2017 at the East Marlborough Township Municipal Building, 721 Unionville Road, Kennett Square, PA, to consider the adoption of (and after the close of the hearing, to take formal action to adopt)Ordinance No. 2017-03, being an ordinance authorizing the Township to enter into an Inter-Municipal Cooperation Agreement with the Borough of Kennett Square and the Townships of Kennett, Newlin, Pennsbury and Pocopson, Chester County, for the purpose of forming, establishing and joining a council of governments to be known as the Kennett Fire and EMS Regional Commission.
A summary of the Ordinance is as follows: Section 1 – Authorization; Section 2 – Execution; Section 3 – Ratification; Section 4 – Necessary Acts; Section 5 – Pennsylvania Intergovernmental Cooperation Act; Section 6 – Existence and Operation of the Commission; Section 7 – Immunities; Section 8 – Repealer of Ordinances; Section 9 – Severability; Section 10 – Effective Date.
Copies of the full text of the proposed Ordinance may be examined at the East Marlborough Township Municipal Building, 721 Unionville Road, Kennett Square, PA, during regular business hours (Monday through Friday, 8:30 a.m. to 12:00 noon) and also at the offices of this newspaper during its regular business hours. A copy of the full text of the Ordinance will also be posted on the Township’s website.
Anyone with a disability requiring a special accommodation to attend the meeting should notify Laurie Prysock at 610-444-0725. The Township will make every effort to provide a reasonable accommodation.
Laurie Prysock, Township Manager