The meeting of the Board of Supervisors, held in the Township Building, was called to order at 7:35 p.m.  In attendance were: Supervisors Ken Miller, Claire Quinn, and Zoë Perkins; also in attendance were Township Manager, Allen Heist, Code Enforcement Officer, Robert Wideman, and Township Solicitor, Allan Greenwood.

Public Hearing

Conditional Use Application of Jon Lines

John Lines was sworn in for additional testimony on the existing easement for property located at 964 North Pottstown Pike, T/P 25-6-68 & 68.2.  Exhibits were submitted:  A6-easement indicated on page 1; A3-release and extinguishments of driveway easement, 50 foot right of way across the front around western most side of the property.

The proposed number of storage units is approximately 80 based on the square footage. Additional units could be added to that number if units were smaller, but the total area would remain the same. The average number of units for this square footage is usually more.

Dave Biedeman corrected testimony regarding the width of the access drive.  Correct figure is between 18/20 feet wide within the right of way between Route 100 and the subject property.

John Caruolo, licensed engineer, Caruolo Associates, Valley Forge:  Accepted as an expert witness in traffic related issues.  Exhibit A5:  Traffic study performed for proposed development.  Route 100 provides access, posted speed limit-40 mph.  Expected number of trips generated by this new use would be 30 trips a day (each trip being one way).  This is a very low number for a commercial land use.  PENNDOT recommendations for adequate site distance for an access drive on Route 100 at this location are met.  It is the opinion of John Caruolo that this use will not result in any traffic problems.

Tom Kent and Andy Bellwoar representing Ludwigs Corner Professional Associates:  Raised the question of the type of vehicles to be using the access and whether moving vans and trucks present a greater problem.  Response from Caruolo:  not really. Question was raised by Kent as to whether we know the specific percentage of the different types of vehicles that use mini storage, and is there a specific category for mini storage in the ITE book.  It was noted no distinction is made for vehicle types and that a separate category does exist for mini storage or warehouse.

Kent referred to a March 25 letter sent to the Board outlining concerns.  He indicated they are not necessarily opposed to the use, but rather to the impact on safety and welfare of the community.  He asked for agreement from John Lines to the seven conditions noted in the letter.  He also asked that Township engineers review any submitted studies.  He noted that if Lines agrees to seven conditions in the letter and the Board of Supervisors and Township Engineer find studies acceptable they would not object further to this application.

Jane Shields, attorney representing John Lines, noted that the conditions outlined in the March 25 letter were never agreed to by John Lines and offered the following point-by-point breakdown referring to Exhibit A of the letter.  Item: 1.  No objection.  2. No office space use at this time, but object to it being a condition of this approval because we cannot tell what the future will hold.  Also, would not agree to place the responsibility on Lines if people violate the agreement they sign.  3.  Agreed.  4.  Believes that this is a matter for others.  5.  Not acceptable – may require more than low voltage, and not sure of 15-minute duration when triggered.   She added it would meet Township lighting requirements.  5.  Within the limits of the ordinance, no need to reduce.  6. Acceptable.  7.  Not acceptable as plan not yet fully engineered and they are unable to tell if an ordinance may be required.   Ms. Shields then requested a waiver from the requirement to present a preliminary plan and move straight to final plan.

Discussion was closed and Board of Supervisors Chairman Miller advised that the Board would try to render a decision on the second Monday in May (13^th), but in any event, a decision would be made no later than 45 days from tonight's meeting.

Regular Meeting

Approval of Minutes –March 4, 11, 18 & 25

Supervisor Perkins noted that correction needed to be made to the minutes of March 25 adding her comments regarding a moratorium on building due to the drought conditions presently being experienced.  Supervisor Miller then made a motion to approve the minutes with the corrections and Supervisor Quinn seconded the motion.  A vote was taken and the minutes were unanimously approved.

Reports

Treasurer:  No Treasurer’s Report was offered due to illness; a report will be ready for Monday’s AM Meeting on the 15^th.

Police: Township Manager, Allen Heist, read the police report.  It was reported that the Police Department responded to 24 calls in March and State police responded to an additional 31 calls.  During the month the department assisted the SPCA service in executing a search warrant and removing several neglected animals from a residence in the1200 block of Conestoga Road, and Officers attended training for emergency response to acts of terrorism.  In addition, Chief Swininger attended a two-week training course for police executive development conducted by Penn State University.

Solicitor:  Attorney Greenwood reported on the dedication of Mathews Meadows and Hankin legal work for escrow agreement.  A letter was sent to attorney for Bob Ellis of Cooks Glen Road regarding vacation.

Correspondence

Ludwig’s Corner Volunteer Firefighter’s Relief Association:  Association agrees with findings of report of examination of books of account and records pertaining to financial operations for period January 1, 1999 to December 31, 2000 and submitted to Township by Robert P. Casey Jr., Department of Auditor General Commonwealth of Pennsylvania, on March 20, 2002, and will take action to comply.

CC Planning Commission – Update County & Municipal Projections:  Notice that 2000 Census would be used to update county and municipal projections for 2010, 2020, and 2030.

CC Health Department – Mosquito-Borne Virus Prevention:  Preparations being instituted for upcoming mosquito season in order to prevent the spread of West Nile Virus.  Traps will be actively collecting mosquito samples from Township during months of April through October.   Residents with questions should contact CC Health Department.

Subdivisions/Land Development/Zoning

Hankin - Weatherstone Subdivision – Pump & Haul Agreement:  Attorney Whitmer representing Hankin reported that an engineering issue has arisen and they are applying for a temporary pump/haul permit until the treatment facility is completed.  They are requesting a gravity sewer collection system to be included as part of the pump and haul permit using manholes and associated piping within the sewage collection system with an auto dial alarm.  They are looking for an agreement to be established between West Vincent Associates and the Township to allow this to occur.  DEP as well as the County Health Department will be advised for their review.  We are awaiting Castle Valley’s review.  Whitmer further advised Township they would draft a development agreement to clarify that Hankin will do work. 

Trail:  Final plan could state that they will provide grading.  Trail will be located at later time, once building has commenced.   A Board Member, a trail type, and an engineer will map trail.

Open Space:  Inquiry was made regarding land trust and any specific agreement or deed.  A deed should be sufficient.  Hankin will clarify regarding the Land Trust with Mr. Greenwood.  It is hoped agreements could be finalized by next meeting.

Wetherill Estates (Water System):   Supervisor Miller spoke with Tim Townes.  He advised that if Township drops requirement to hook up extra well, Jack Lowe would contribute $10,000 to Township for use on water system.  Several questions were brought up:  1) Cost of hooking up well.  2) An emergency fund. 3) Preference that someone else be responsible for operating it, i.e., Township.   4) If the well goes dry, what happens?   5) Concern was expressed about volume and the ability to augment. 6) In event augmentation would be required, Township would prefer to look for alternate somewhere on site, or drill well deeper.  If Southdown is not hooking up, it should not fall on homeowners.  Initial contribution from Southdown could be put toward funding long-term reserve.  Expectation is that Southdown would also contribute to capital reserve fund.  Note made that the original agreement would have to be looked at.  Supervisor Perkins suggested Allen Greenwood contact Tim Townes to discuss the issues and advise.  

Drought:  Supervisor Perkins inquired as to calls regarding wells.  It was noted that to date no call have been received regarding wells.   She asked that the CCHD Issue Permits regarding wells be held for her review before filing in order that Township can more closely monitor. 

Old Business

South Chester Springs Road – Widening/Turnback:  PENNDOT will soon be starting on widening work (1.12 miles in length through Township).  PENNDOT is willing to give money up to $70,000 per mile to Township for such turnback.  Bridge to remain a State bridge and, while the Township would not get liquid fuels funds, they would receive an annual check for $2,800 after the first year.  PENNDOT representative advised they are scheduled to commence widening and paving and noted that normally turnback takes about two months to complete.  Inquiry was made as to whether Township could get a letter from PENNDOT outlining what they would do for the $78,000 so that our engineer has something to refer to before making decision.  Allen Heist will call Bill Tritle to see what is needed for PENNDOT to hold off on further work until Township makes a decision.

Camphill Village, Flint Road Property, Camphill Special Schools Accommodation:   Doug FitzSimons, representing Camphill, advised that he was unable to contact all parties and, therefore, did not have a draft proposal to put before the Board as expected.  He noted he should be able to provide the letter of agreement by next Monday morning’s meeting, May 15.

Agricultural Security Area –      Addition:   2.6 Acres (Ellis), Addition:  63.7 Acres (Della Porta), Addition:  16.6 Acres (Uebelhoer):  Public Notices have been placed in the newspaper, property posted.  Next stage would be the adoption of Resolution No. 9-2002.  Supervisor Quinn made a motion to adopt the resolution, Supervisor Perkins seconded the motion, a vote was taken and the motion was unanimously carried.  

Township Building:  Township is waiting for the reworked plans to come back.  Once the plans are received and reviewed, the Township will be able to put out for bid.  Township Manager, Allen Heist, said he would try to move the process forward.

Regional Planning/Cypress Power Plant:  Supervisor Quinn and Allen Heist will be attending the next meeting and will be asked to vote.  She requested some consensus from the Board as to the vote they should cast on the Township’s behalf.  After a brief discussion, it was decided that an abstention would be the proper course until further information could be reviewed.

Columbia Gas Compressor Station:  Hearings are to be held on the 17^th and the 24^th.  Concern was expressed regarding noise issues and the company is aware of that concern.  There are decibel levels set in the deeds that should be complied with.  It is believed that Columbia intends to make some modifications.  In any event, Township will express concern regarding the noise levels.

Adjournment
Business being concluded Supervisor Perkins made a motion to adjourn, Supervisor Quinn seconded motion, a vote was taken and the motion was unanimously passed.  The meeting was adjourned at 9:40 pm.  The next scheduled evening meeting is set for April 22, commencing at 7:30 pm.

An Executive Session was held immediately following the public meeting to discuss a matter of potential litigation regarding Matthews Meadows.

Respectfully submitted,

Gerry Echevarria
Township Secretary