Supervisors will vote Feb. 5 on whether to rescind 2 outmoded ordinances
Updated Jan. 27 to correct attribution in 9th paragraph
By Kathleen Brady Shea, Managing Editor, The Times
Kennett Township Supervisors Robert A. Hammaker (from left), Scudder G. Stevens, and Richard L. Leff agreed that votes would occur at future work sessions, which will be advertised and have an agenda available in advance.
Questions about open space dominated the Kennett Township Board of Supervisors’ meeting on Wednesday, Jan. 15, setting the stage for further dialogue on Feb. 5.
The springboard for the discussion was an agenda item to rescind two township ordinances, 102 and 190. Township Manager Lisa M. Moore explained that 102 enabled the creation of the Kennett Township Land Trust, a nonprofit that has since changed its name, and 190 enabled the creation in 2010 of the Kennett Land Conservancy, an organization that never materialized.
Moore explained that to rescind the ordinances, the supervisors needed to propose a new ordinance stating that intention. After fielding numerous questions, Supervisors’ Chairman Scudder G. Stevens and Vice-chairman Richard L. Leff voted to move forward, setting up a vote at the Feb. 5 work session.
Supervisor Robert A. Hammaker opposed the motion. After listening to the township’s new solicitor, David J. Sander, indicate that the ordinances are basically moot, Hammaker said he didn’t see the point of rescinding them.
Leff suggested that having meaningless ordinances on the books didn’t serve the township’s best interests. “We want to start fresh,” he said.
Several residents, including Ted Moxon, suggested the supervisors were moving too fast. Moxon distributed a list of prepared questions, such as the effect of rescinding the ordinances on current easements.
Gwendolyn Lacy, executive director of the Land Conservancy for Southern Chester County, formerly the Kennett Township Land Trust, responded that some of Moxon’s questions appeared to be based on misinformation, and she said she would be happy to speak with him about any of his concerns. She said when the trust changed its name in 2010, the proper legal documents were filed and the easements are all protected.
According to township records, the township enacted an ordinance that resulted in the creation of the Kennett Township Land Trust in 1995. Although it operated as an independent nonprofit, it worked closely with the township, submitting annual reports to the supervisors.
At some point, the partnership began to sour, and in 2007, the township evicted the trust from the township building and froze its bank accounts, published reports said. In response, the trust regrouped, relocated outside the township, changed its name, and widened its geographic reach, Lacy said.
Calling the nationally-accredited trust “stronger than ever” after a difficult split from the township, Lacy said she was looking forward to an improved working relationship. She said that a number of Kennett Township projects had been “gathering dust” and that she was eager to resuscitate them.
“I think we’re trying to allow that to happen,” Leff responded. Stevens stressed that the public would have an opportunity to discuss the issue further at the next meeting and that no decision has been made yet on the rescissions.
The supervisors all agreed that since work sessions are now being held at a time when residents can attend, votes would sometimes occur during them. “The work session will also have an agenda,” Stevens said. “It will clearly be out in the open.”
In other business, the supervisors voted unanimously to approve contracts for fire, rescue and ambulance services from the Longwood Fire Company and the Kennett Fire Company. Each company will receive $160,000 for the next year plus a portion of use and occupancy permit fees. In addition, Longwood will receive $650,000 for a new fire truck in lieu of capital contributions for five years, and Kennett will get $130,000 for capital expenditures.
Moore requested authority from the supervisors to deliver an ultimatum to the owner of Stephens Garden Creations on Rt. 52. She said the fire marshal shut down the business after a fire last year, deeming some of its buildings unsafe. She said for months the township failed in its efforts to get the owner to address the need for demolition that the deteriorating and dangerous conditions have created.
In addition to being an eyesore, she said the property also poses a safety hazard to nearby residents since both fire companies have said they would not enter the property if another fire occurs. “We told the property owner we would not leave Rt. 52,” said Longwood Fire Chief A.J. McCarthy. He said hoses could be directed from the highway but “that place is such a hazard” he would not put his crew at risk.
The supervisors unanimously agreed to have Moore contact the owner and explain that if the appropriate demolition does not occur within a specified time frame, the township will oversee the work and place a lien on the property.
Discussion about fire prompted Stevens to remark that two fires in the township have occurred within the past two weeks in dwellings that are not owner occupied. He said three large families occupied one single-family home, suggesting a need to address policies on rental occupancy. He said that issue would also appear on the Feb. 5 agenda, along with the conservancy ordinances, the firearms ordinance, “and whatever else might turn up in the meantime.”
