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X-ORIGINAL-URL:https://www.eastmarlborough.org/
X-WR-CALNAME:East Marlborough Township
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CLASS:PUBLIC
UID:MEC-9e6adb1432c4a75a33d48693328e4159@eastmarlborough.org
DTSTART;TZID=UTC:20210503T190000
DTEND;TZID=UTC:20210503T210000
DTSTAMP:20210122T222100
CREATED:20210122
LAST-MODIFIED:20210803
PRIORITY:5
TRANSP:OPAQUE
SUMMARY:Board of Supervisors 7PM – 5/3/21
DESCRIPTION:REGULAR MEETING                                                                                                 May 3, 2021\nBOARD OF SUPERVISORS                                                                                            7:00 P.M.\n721 Unionville Road\nKennett Square, PA 19348\n \n \n\nCALL TO ORDER\n\n \nPresent:                                                    Township Staff & Consultants:\nChairman McKinstry                          Ryan Jennings, Township Solicitor\nVice-Chairman Monahan                   Lisa Donlon, Township Engineer\nSupervisor Sarro                                 Neil Lovekin, Township Manager\nSupervisor Vannote                            Hannah Christopher, Township Treasurer\nSupervisor Matuszak                          Robert Clarke, Chief of Police\n                                                      Jeff Simpson, Public Works Director\n \n\nPUBLIC COMMENT\n\n \nThere was not any public comment.\n \n\nGENERAL DISCUSSION\n\n \n\nUpcoming Events:\n\nThe Willowdale Steeplechase will take place on Saturday, May 8th, 2021.\n\nAnnouncements:\n\nThe County VPP Grant award for regional comprehensive plan update was made by Neil Lovekin.\nAn update for the state SFP award for the Act 537 Plan was made by Manager Lovekin.\n \n\nPUBLIC HEARING\n\nSolicitor Jennings opened the hearing to consider reducing vehicle speeds on Unionville Road to 35    MPH between Street Road and Doe Run Road.\n\nSolicitor Jennings continued the public hearing to consider the ordinance amendment 02-2021 to reduce the speed to 35 mph between East Street Road and Doe Run Road. Exhibits were produced by Solicitor Jennings, a speed study survey by Traffic Planning and Design, and advertisements which were required in the Daily Local News and on the township website.  Supervisor Sarro made a motion to approve ordinance 02-2021 to amend ordinance number 99-7 of the code of the township of East Marlborough to reduce the speed limit to 35 mph between East Street and Doe Run road, Vice Chair Monahan seconded.  Motion carried 5-0.\n\n \n\nSupervisor Vannote made a motion to approve Proclamation number 2021-02 recognizing the month of May as the “Garden for the Wildlife”.  Supervisor Matuszak seconded; motion carried 5-0.\n\n \n \n\nNEW BUSINESS\n\n \n\nSupervisor Monahan made a motion to approve the Mushroom Cap Race on 11/6/2021, subject to the distance being determined, Supervisor Vannote seconded; motion carried 5-0.\nVice Chair Monahan made a motion to approve the certificate of appropriateness from HARB for 6 Cemetery Lane for signage. Supervisor Matuszak seconded; motion carried 5-0.\nSupervisor Matuszak made a motion to approve two additional alternates to the Zoning Hearing Board for a term of three years (2024), Richard Abbott, and Timothy Stephens. Supervisor Sarro seconded; motion carried 5-0.\nSupervisor Vannote made a motion to implement the PLGIT Participant agreement for the electronic deposit capture program. Supervisor Matuszak seconded; motion carried 5-0.\nVice Chair Monahan made a motion to approve the recommended bid awards from the Municipal Cooperative of Southern Chester County. Supervisor Vannote seconded; motion carried 5-0.\nFollowing discussion among the Board and Developer’s/Applicant’s representatives, Vice Chair Monahan made a motion to amend the Escrow Recommendation of Township Engineer Lisa Donlon (dated April 28, 2021), from $2,804,861.35 to $2,280,700.35. The reduction in recommended financial security included the elimination of certain, previously recommended landscape-related, estimated costs. Supervisor Vannote seconded Vice Chair Monahan’s Motion.  The Motion to require the posting of financial security for the West Conservatory Project in the amount of $2,280,700.35 carried by a vote of 4-1, with Chairman McKinstry voting against the Motion.”\nChris Benevento of Longwood Gardens made a request to the board to approve the fireworks performances at Longwood Gardens on the following dates: July 3, 17th, August 7th, September 5th, 25th and October 23rd   at 9:15 p.m. Supervisor Sarro made a motion to grant Longwood Gardens request to hold firework performances on those requested dates.  Supervisor Vannote seconded; motion carried 5-0.\nVice Chair Monahan made a motion to approve Longwood Preserve three consideration of agreements, Financial Security Agreement, phase 2 and remainder of phase 1, Subdivision and land development agreement, stormwater operations and maintenance agreement. Supervisor Matuszak seconded; motion carried with a vote 5-0.\nManager Lovekin presented the consideration of a zoning hearing board variance regarding the fence height of 100 Ridgecote Lane. No action or position was taken by the board.\n\n \n\nCONTINUING BUSINESS\n\n \n\nEngineer Donlon presented an escrow request #18, and #6 from Northridge, phases 1a and 1b for $3,374.55.00 and $96,009.86 for Phase 2.    Supervisor Vannote made a motion to approve the escrow release #18 and #16 recommended by Engineer Donlon, Supervisor Matuszak seconded, Motion carried 5-0.\nEngineer Donlon recommended an escrow release for UCFSD Release #3 in the amount of $97,206.50. Supervisor Sarro made a motion to approve the recommended release for UCFSD.  Vice Chairman Monahan seconded.  Motion carried 5-0.\nManager Lovekin gave a status update on the strategic plan. Nancy Hess interviewed all five supervisors, and more updates will be given after the 3 public meetings.\n\n \n\nAPPROVAL OF MINUTES\n\n \nChairman McKinstry made a motion to approve the April minutes with a correction to be made on  the title of Supervisor Sarro.   Supervisor Vannote seconded; motion carried 5-0.\n \n \n\nTREASURERS REPORT AND MONTHLY BILLS\n\n \nA motion was made by Supervisor Sarro to approve the treasurers report and monthly bills. Vice Chair Monahan seconded.  seconded the motion. Motion carried by a vote of 5-0, to approve the Treasurer’s Report and the Monthly Bills for the month of April 2021, as submitted.\n \nFund                                        Expenditure\nGeneral                                    $414,970.51\nPayroll                                     $71,515.01\nSewer                                      $28,756.31\n \n\nADJOURNMENT\n\n \n \nAll business having been discussed, a motion was made by Vice Chair Monahan, seconded          by Supervisor Vannote, and carried by a vote of 5-0 to adjourn the meeting at 9:55 p.m.\n \n \nRespectfully submitted,\n \n \nHannah Christopher\nTreasurer/Assistant Township Manager\n \nThe following statement is from Vice Chair Monahan:\nWe all appreciate the benefits of being the neighbors of Longwood Gardens.\n \nOur duty is to make sure that in the event a land development project is not completed that the Township can complete those improvements.\n \nOur Township engineer is advising that an escrow of $2.8 million (out of a total of $8.4 million) is necessary to ensure completion of improvements…that if not completed…would require that the Township do so.\n \nAs I understand, this is the first time there has ever been a request for a waiver in connection with a land development plan in anyone’s memory.\n \nI want to thank Ryan for the legal memorandum that he provided.\n \nAs I understand, the legal basis for waiving the requirement for providing security has never been tested in our township and possibly nowhere else in PA?\n \nIf I understand correctly, there are two provisions that could arguably apply to Longwood’s request not to provide the escrow funds required by our township code.\n \nUnder Section 503.8, the legal standard is that compliance would be unreasonable, cause undue hardship and/or alternatives provide equal or better results.\n \nUnder Section 901, there is another set of criteria:  where substantial justice may be done, and the public interest is secured, and the waiver/modification will not have the effect of nullifying the intent and purpose of the ordinance.\n \nLongwood did not present any reasons to support its request and therefore none that meet any of these criteria.\n\nHow is providing the escrow unreasonable or an undue hardship for Longwood? Longwood acknowledges that they have the funds.\n\n \n\nLongwood has not presented an alternative that provides equal of better results: what would that be?\n\n \n\nProviding the escrow could not be a matter of substantial justice.\n\n \n\nWithout the escrow or an equal or better alternative, how is the public interest secured?\n\n \n\nAnd, I think most importantly, granting a waiver without any justification seems to me to be nullifying the intent and purpose of the ordinance.\n\n \nIf we do not have a clear basis for granting a waiver, I am not sure how we could not grant waivers to other developers, in fact, to all developers.\n \nWe would need to very clear why Longwood merits a waiver as compared to every other developer.\n \nIs that clear basis because Longwood is a nonprofit?\n \nSo, every other non-profit could make the same argument?\n \nIf that were a relevant consideration, then why isn’t it included in the waiver provisions of our township code?\n \nWe all value our relationship with Longwood, but I do not see a basis of which we can waive the requirements of an escrow.\n \n \n \nONLINE PARTICIPATION ONLY\nIn an effort to minimize public exposure to COVID-19 and maintain social distancing, public meetings will be conducted via webinar. Neither Township officials nor members of the public will be able to participate in person.\nMembers of the public may join online using an internet-enabled device at the following web link: https://www.gotomeet.me/NeilLovekin/board-of-supervisors-meeting-may-2021, or by calling the toll-free phone number: 1 877 309 2073 ( tel:+18773092073,,809713285 ). Members of the public electing to join by phone must use the code: 809-713-285 followed by the pound key (#) when prompted.\nPublic Comment will be heard during each agenda item when called upon by the Chair of the Board of Supervisors. Questions may be submitted in advance to nlovekin@eastmarlborough.org ( mailto:nlovekin@eastmarlborough.org ). If you require special accommodation, please call the Township office at 610-444-0725.\nClick to view: Board Packet ( https://www.eastmarlborough.org/wp-content/uploads/BOS-Packet-5-03-2021_Redacted.pdf )\nAgenda\n\nCALL TO ORDER\nPUBLIC COMMENT\nGENERAL DISCUSSION\n\nUPCOMING EVENTS\n\nThe Willowdale Steeplechase – Saturday, May 8, 2021\n\n\nANNOUNCEMENTS\n\nCounty VPP Grant Award for Regional Comprehensive Plan Update\nState SFP Award for Act 537 Plan Update\n\n\n\n\n PUBLIC HEARING: CONSIDERATION OF REDUCING VEHICLE SPEEDS ON UNIONVILLE ROAD TO 35 MPH BETWEEN STREET ROAD AND DOE RUN ROAD\n\nThe proposed ordinance amendment was advertised in the April 19, 2021 edition of the Daily Local News as required, as well as posted on the Township website.\n\n\nORDINANCE NO. 02-2021: AMENDING ORDINANCE NO. 99-7 OF THE CODE OF THE TOWNSHIP OF EAST MARLBOROUGH TO REDUCE THE SPEED LIMIT OF UNIONVILLE ROAD (ROUTE 82) TO 35 MPH, BETWEEN EAST STREET ROAD (ROUTE 926) AND DOE RUN ROAD (T-357)\nPROCLAMATION NO. 2021-02: RECOGNIZING THE MONTH OF MAY AS THE “GARDEN FOR WILDLIFE”\nNEW BUSINESS\n\n2021 Mushroom Cap Half Marathon – Special Event Approval – Saturday, November 6th\nHARB Certificate of Appropriateness – Signage and Lighting – 6 Cemetery Lane\nZoning Hearing Board – Alternate Appointments\n\nRESOLUTION NO. 2021-25: alternate appointments to zoning hearing board\n\n\nPLGIT Participant Agreement – Electronic Deposit Capture Program\n2021 Materials Bid Award – Southern Chester County Municipal Cooperative\nSale of Township Public Works Equipment\nLongwood Gardens – West Conservatory Project:\n\nEscrow Recommendation\nConsideration of Waiver of Financial Security Obligation\n\n\nLongwood Gardens – Fireworks Display – July Thru October 2021\nLongwood Preserve Consideration of Agreements:\n\nSubdivision and Land Development Agreement\nStormwater Operations and Maintenance Agreement\nFinancial Security Agreement (Phase 2 and Remainder of Phase 1)\n\n\nConsideration of ZHB Variance – Fence Height – 100 Ridgecote Lane\n\n\n\n8. CONTINUING BUSINESS\n\nNorthridge, Phase 1a/b – Escrow Release #18\nNorthridge, Phase 2 – Escrow Release #6\nUnionville-Chadds Ford School District – Escrow Release #3\nStrategic Plan – Status Update\n\n9. APPROVAL OF MINUTES\n10. TREASURER’S REPORT & MONTHLY BILLS\n11. ADJOURNMENT
URL:https://www.eastmarlborough.org/events/board-of-supervisors-7pm-5-5-21/
CATEGORIES:The Board of Supervisors
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