REGULAR MEETING                                                                                                 May 3, 2021

BOARD OF SUPERVISORS                                                                                            7:00 P.M.

721 Unionville Road

Kennett Square, PA 19348

1. CALL TO ORDER

Present:                                                    Township Staff & Consultants:

Chairman McKinstry                          Ryan Jennings, Township Solicitor

Vice-Chairman Monahan                   Lisa Donlon, Township Engineer

Supervisor Sarro                                 Neil Lovekin, Township Manager

Supervisor Vannote                            Hannah Christopher, Township Treasurer

Supervisor Matuszak                          Robert Clarke, Chief of Police

                                                      Jeff Simpson, Public Works Director

2. PUBLIC COMMENT

There was not any public comment.

3. GENERAL DISCUSSION

1. Upcoming Events:

The Willowdale Steeplechase will take place on Saturday, May 8^th, 2021.

1. Announcements:

The County VPP Grant award for regional comprehensive plan update was made by Neil Lovekin.

An update for the state SFP award for the Act 537 Plan was made by Manager Lovekin.

4. PUBLIC HEARING

Solicitor Jennings opened the hearing to consider reducing vehicle speeds on Unionville Road to 35    MPH between Street Road and Doe Run Road.

1. Solicitor 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.

5. Supervisor 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.

6. NEW BUSINESS

1. Supervisor 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.
2. Vice 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.
3. Supervisor 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.
4. Supervisor Vannote made a motion to implement the PLGIT Participant agreement for the electronic deposit capture program. Supervisor Matuszak seconded; motion carried 5-0.
5. Vice 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.
6. Following 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.”
7. Chris Benevento of Longwood Gardens made a request to the board to approve the fireworks performances at Longwood Gardens on the following dates: July 3, 17^th, August 7^th, September 5^th, 25^th and October 23^rd   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.
8. Vice 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.
9. Manager 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.

7. CONTINUING BUSINESS

374. Engineer 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.
375. Engineer 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.
376. Manager 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.

8. APPROVAL OF MINUTES

Chairman 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.

9. TREASURERS REPORT AND MONTHLY BILLS

A 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.

Fund                                        Expenditure

General                                    $414,970.51

Payroll                                     $71,515.01

Sewer                                      $28,756.31

10. ADJOURNMENT

All 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.

Respectfully submitted,

Hannah Christopher

Treasurer/Assistant Township Manager

The following statement is from Vice Chair Monahan:

We all appreciate the benefits of being the neighbors of Longwood Gardens.

Our duty is to make sure that in the event a land development project is not completed that the Township can complete those improvements.

Our 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.

As 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.

I want to thank Ryan for the legal memorandum that he provided.

As 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?

If 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.

Under Section 503.8, the legal standard is that compliance would be unreasonable, cause undue hardship and/or alternatives provide equal or better results.

Under 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.

Longwood did not present any reasons to support its request and therefore none that meet any of these criteria.

• How is providing the escrow unreasonable or an undue hardship for Longwood? Longwood acknowledges that they have the funds.

• Longwood has not presented an alternative that provides equal of better results: what would that be?

• Providing the escrow could not be a matter of substantial justice.

• Without the escrow or an equal or better alternative, how is the public interest secured?

• And, I think most importantly, granting a waiver without any justification seems to me to be nullifying the intent and purpose of the ordinance.

If 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.

We would need to very clear why Longwood merits a waiver as compared to every other developer.

Is that clear basis because Longwood is a nonprofit?

So, every other non-profit could make the same argument?

If that were a relevant consideration, then why isn’t it included in the waiver provisions of our township code?

We all value our relationship with Longwood, but I do not see a basis of which we can waive the requirements of an escrow.

ONLINE PARTICIPATION ONLY

In 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.

Members 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. Members of the public electing to join by phone must use the code: 809-713-285 followed by the pound key (#) when prompted.

Public 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. If you require special accommodation, please call the Township office at 610-444-0725.

Click to view: Board Packet

Agenda

1. CALL TO ORDER
2. PUBLIC COMMENT
3. GENERAL DISCUSSION
   • UPCOMING EVENTS
     • The Willowdale Steeplechase – Saturday, May 8, 2021
   • ANNOUNCEMENTS
     • County VPP Grant Award for Regional Comprehensive Plan Update
     • State SFP Award for Act 537 Plan Update
4. PUBLIC HEARING: CONSIDERATION OF REDUCING VEHICLE SPEEDS ON UNIONVILLE ROAD TO 35 MPH BETWEEN STREET ROAD AND DOE RUN ROAD
   • The 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.
5. ORDINANCE 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)
6. PROCLAMATION NO. 2021-02: RECOGNIZING THE MONTH OF MAY AS THE “GARDEN FOR WILDLIFE”
7. NEW BUSINESS
   • 2021 Mushroom Cap Half Marathon – Special Event Approval – Saturday, November 6^th
   • HARB Certificate of Appropriateness – Signage and Lighting – 6 Cemetery Lane
   • Zoning Hearing Board – Alternate Appointments
     • RESOLUTION NO. 2021-25: alternate appointments to zoning hearing board
   • PLGIT Participant Agreement – Electronic Deposit Capture Program
   • 2021 Materials Bid Award – Southern Chester County Municipal Cooperative
   • Sale of Township Public Works Equipment
   • Longwood Gardens – West Conservatory Project:
     • Escrow Recommendation
     • Consideration of Waiver of Financial Security Obligation
   • Longwood Gardens – Fireworks Display – July Thru October 2021
   • Longwood Preserve Consideration of Agreements:
     • Subdivision and Land Development Agreement
     • Stormwater Operations and Maintenance Agreement
     • Financial Security Agreement (Phase 2 and Remainder of Phase 1)
   • Consideration of ZHB Variance – Fence Height – 100 Ridgecote Lane

8. CONTINUING BUSINESS

• Northridge, Phase 1a/b – Escrow Release #18
• Northridge, Phase 2 – Escrow Release #6
• Unionville-Chadds Ford School District – Escrow Release #3
• Strategic Plan – Status Update

9. APPROVAL OF MINUTES

10. TREASURER’S REPORT & MONTHLY BILLS

11. ADJOURNMENT