Board of Supervisor’s Meeting – 10/5/20
October 5th, 2020
BOARD OF SUPERVISORS 7:00 P.M.
721 Unionville Road
Kennett Square, PA 19348
- CALL TO ORDER
Present: Township Staff & Consultants:
Chairman McKinstry Ross Unruh, Township Solicitor
Vice-Chairman Sarro Lisa Donlon, Township Engineer
Supervisor Monahan Neil Lovekin, Township Manager
Supervisor Matuszak Hannah Christopher, Township Treasurer
Supervisor Vannote Robert Clarke, Chief of Police
Jeff Simpson, Public Works Director
- PUBLIC COMMENT
There were no public comments
- Public Hearing- Lyn Hughes Limited L.P/Tri-M
A public hearing was held for an amendment to the conditional use approval for the Tri-M facility. The hearing was advertised in the Daily Local News on September 10th and 17th, 2020. Attorney Ross Unruh, township solicitor for the township entered seven exhibits into the record. (B-1 -B7) The hearing was held to address two issues. One is condition 4 form the 1997 decision which limited the impervious coverage for the lot to 40 percent. The other requirement was for 50 parking spaces in reserve which the planning commission did not see the necessity for those additional spaces. John Jaros, attorney for Riley, Riper, Hollin & Colagreco represented Tri-M and made an offer of proof that the applicants in 1997 Tri M applied for conditional use to build a 35,000 square foot building That application was approved with conditions which two of those conditions are subject to the hearing at this meeting. The owner of Tri-M was sworn in and agreed with the offer of proof and questioned by the Board. Questions were asked of Tri-M’s engineer Amanda Schneider and township engineer Lisa Donlon. (A court reporter was in attendance , court report is in township files) Chairman McKinstry made a motion to approve the modification to the conditional use approval to remove the first condition by removal of extra parking and to amend the second condition of 40 percent impervious cover to allow for 55 percent impervious cover provided that the project infiltrates as much stormwater after development, uses gravel in lieu of rolled curbs to meet the needs of the Fire Department, and seeks to identify and implement other cost-effective mechanisms to infiltrate stormwater. Supervisor McKinstry also moved to waive the requirement for vertical curbs. Supervisor Monahan seconded the motion and the board voted 5-0 for unanimous approval.
- GENERAL DISCUSSION
- UPCOMING EVENTS
- There are none.
Manager Lovekin announced that Halloween and trick or treating in East Marlborough will be up to the families and their comfort level. Township residents are reminded that if you choose not to participate, leave your lights off and all residents should adhere to CDC guidelines.
- NEW BUSINESS
- Tri-M corporation- 206 Gale Lane – Final plans for building and parking expansions. Planning Commission Walker and the board of the planning commission recommended to the Board of Supervisors to go forward at this meeting. Attorney John Jaros represented Tri-M and stated that the Planning Commission had a memorandum which reflects the three waivers that are being requested. One is to deal with the loading area site, a waiver from the shadow analysis and a waiver from the sight distance requirement. Mr. Walker stated that all issues raised by consultants have been addressed. There were no questions from the board members. Chairman McKinstry made a motion that final approval is granted, subject to the conditional use amendment approval, with waivers of the shadow analysis, requirement for loading area on the site, and the minimum sight distance requirement. Supervisor Monahan seconded. Motion carried with a vote of 5-0.
- Longwood Gardens- Preliminary/Final Plans for West Conservatory Project Attorney Denise Yarnoff, from Riley Riper, Hollin & Colagreco presented on behalf of Longwood Gardens. Longwood Gardens has complied with all the requirements per the Planning Commission and are asking for final approval for the West Conservatory Project. There were no questions from Engineer Donlon or any board member. Supervisor Vannote made a motion based on recommendations by the planning commission to grant final approval for the Longwood Gardens West Conservatory project. Several waivers were granted, one for the plan sheet size, and a waiver for shadow analysis. A waiver was also granted for minimum sight distance requirement. The motion also called for authorizing removal of trees necessary for construction, finding Supervisor Matuszak seconded the motion. The vote by the board was unanimous with a vote of 5-0. Attorney Unruh questioned whether a conditional use order must be reopened. Chairman McKinstry recommend tabling the discussion
- Walmart- Exterior Building Color Modification Attorney Dusty Kirk represented Wal-Mart to ask for a color change from the required beige/village look to a blue/gold color scheme. Supervisor Sarro said he would like Walmart to continue with the village look. Supervisor Monahan stated the neighbors should be asked their opinion. Shawni Patel of Walnut Ridge suggested that Walmart be allowed to change their colors. Robert McKinstry agreed that they should keep the present colors as required by the original land development agreement. Attorney Unruh questioned whether a conditional use order must be reopened. Chairman McKinstry recommend tabling the discussion.
- Willowdale Point to Point- Special Event Permission, Event coordinator Leslie White stated this event would take place on Saturday October 17th and it will be a no spectator event. Staff and attendees will adhere to CDC guidelines and Covid protocol will be followed. Supervisor Matuszak asked if the event will be less than 250 individuals. White answered yes. Supervisor Monahan made a motion, Vice Chairman Sarro seconded. Motion carried with a vote of 5-0.
- Plantation Field Equestrian Events, Inc.- Denis Glaccum asked for special event permission for October 31st and stated all Covid rules will be in effect. Supervisor Monahan made a motion, Supervisor Vannote seconded. Motion carried 5-0 vote.
- Revolving Water Fund/MS4 Permit Program was presented by Ashley Allen Jones, president of !2, and Richie Jones made a presentation on the opportunities presented to the Township by the Revolving Water Fund (RWF). The program would enable the Township to obtain credits towards the DEP mandated reductions in TDML through cost-savings green infrastructure. It is expected that the township will include the Revolving Water Fund projects in its upcoming permit submission to the PDEP. Supervisor Monahan made a motion to approve the Townships participation in the program and to authorize the Township to enter into the agreement proposed by RFW. Supervisor Matuszak seconded, approved unanimously.
- Municipal Salt Bid Award to Easter Salt Company Inc The Municipal Cooperative of Southern Chester County recommended the following bid results from September 30, 2020 to be awarded to Eastern Salt Company. The contract amount of $77,000 for 1,500 tons was approved by the board. Vice Chairman Sarro made a motion, Supervisor Monahan seconded. Motion carried 5-0.
- Infrastructure Bank Loan Agreement for Replacement of the East Locust Lane Bridge was approved by The Pennsylvania Department of Transportation (PennDOT). The loan is for $1,020.00 for ten years at 1.625 percent for the replacement of the East Locust Lane Bridge. Vice Chairman Sarro made a motion, seconded by Supervisor Matuszak, approved unanimously.
- Offer of Dedication for Pennock Avenue Right of Way 909 East Baltimore Pike was approved by the board. Vice Chairman Sarro made a motion, Supervisor Monahan seconded, unanimously approved.
- Smoke Free Parks and Young lungs at Play program was presented by Thurm Brendlinger from the Clean Air Council. No action was taken.
- Township Wide strategic plan- initial discussion was tabled until the November meeting.
- Certified Local Government Grant for Battlefield Driving Tour Vice Chairman Sarro made a motion to approve grant commission, Supervisor Monahan seconded. Motion carried 5-0.
- CONTINUING BUSINESS
- Marlborough Springs Escrow release #9 Engineer Donlon recommends a release of $48,055.25 for the project. Supervisor Vannote made a motion, Vice Chairman Sarro seconded. Motion carried 5-0.
- Northridge Escrow Release #11 An escrow release request was received from the developer for $25,333.00. Engineer Donlon agreed with the requested amount. Vice Chairman Sarro made a motion, Supervisor Matuszak seconded. Motion carried with a vote of 5-0.
- Unionville Walk- Escrow Release #4 Engineer Donlon received a request, which she agreed with, from the developer in the amount of $ 222,473.58 Vice Chairman Sarro made a motion, Supervisor Vannote seconded. Motion carried with a vote of 5-0.
- Walnut Walk Escrow Release #18 and #19 Engineer Donlon recommends release of $15,000.00 of the contingency from Escrow release #18 as previously submitted. All concerns were addressed for the resident Satish Gudi from the last meeting. The remaining $5,000.00 of Contingency from escrow release#19 is recommended. Shawni Patel stated that she paid an extra $15,000.00 for an end unit, and the grass was still washing out behind her unit. Vice Chairman Sarro made a motion to deny both releases until resolved. Supervisor Matuszak seconded denial, motion denied unanimously.
- APPROVAL OF MINUTES
Supervisor Vannote made a motion to approve the September 2020 minutes, Supervisor Matuszak seconded. Motion carried 5-0.
- TREASURERS REPORT AND MONTHLY BILLS
A motion was made by Supervisor Matuszak, seconded by Vice Chairman Sarro. Motion carried by a vote of 5-0, to approve the Treasurer’s Report and the Monthly Bills for the month of September 2020, as submitted.
All business having been discussed, a motion was made by Supervisor Monahan, seconded by Chairman McKinstry, and carried by a vote of 5-0 to adjourn the meeting at 9:35 p.m.
Treasurer/Assistant Township Manager