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EAST WHITELAND TOWNSHIP
REGULAR MEETING
November 12, 2014
William Holmes, Chair, called the meeting to order at 7:05 p.m. John Mott, Vice Chair,
William Wrabley, Member, William Lincke, Township Solicitor, Terry Woodman, Township
Manager, Gene Dooley, Police Chief, Cathy Palmer, Finance Director, Bill Steele, Public Works
Director and Maureen Perri, Township Secretary were present. There were thirty-five (15)
people in the audience at the start of the meeting.
Everyone recited the Pledge of Allegiance.
APPROVAL OF MINUTES
Mr. Mott made a motion to approve the Minutes of the Regular Meeting of October 8,
and October 29, 2014. Mr. Mott stated that he spoke with Mr. Costello relative to what the
October 8th minutes reflected and he felt that he could approve them. Mr. Mott advised the
audience that the minutes are not a transcript of the meeting. Mr. Holmes asked that the minutes
reflect that on p. 72 under Old Business – Historic Property on Rt. 30 that he asked the property
owner to contact the Historic Commission to determine the historical significance of this house.
Mr. Mott seconded the motion to approve the minutes of October 8, 2014 as amended and the
vote was approved unanimously. Mr. Wrabley made a motion to approve the minutes of the
Budget meeting of October 29, 2014 as written. Mr. Mott seconded and the vote was approved
unanimously.
ANNOUNCEMENTS
Mr. Holmes announced the following:
 The Township’s Environmental Advisory Council (EAC) is holding a
public meeting featuring speakers from the PaDEP to talk about the status
of the environmental investigations and remediation of the Bishop Tube
property on S. Malin Road. The meeting is scheduled for Thursday,
November 20th in the Township Building and will start at 7:30 p.m. The
public is invited to attend.
PUBLIC COMMENT
Gail Keyes – 455 Lancaster Avenue – wanted to know why the property owner of Karen’s
K9 is allowed to continue to operate his business by using a non-conforming building for which
he has not received a Certificate of Occupancy. Ms. Woodman advised that the Township issued
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a Citation which the owner can appeal. Should the violator not pay the fine per the Citation then
Karen’s K9 would be required to appear before the District Justice. She said she believes that a
hearing is scheduled for December 9th. Discussion ensued.
Martin Costello – 12 Locust Drive – he asked that the snow plow refrain from dumping
snow in front of his house because it creates a water problem on his property. He also asked that
the monies for parking fines issued for not moving vehicles off the street for snow storm be
returned to those who received the violation notice. He stated that these violations were for a storm
that was insignificant.
REPORTS AND COMMUNICATIONS FROM BOARDS, COMMISSIONS AND
TOWNSHIP OFFICIALS
Tommy Cockerham, Vice President of the EWT Volunteer Fire Association, advised that
they responded to 126 calls, 48 fire and 78 medical incidents. Mr. Mott stated that the Fire
Company Board asked whether there were any comments from the Township on the audit report.
Ms. Woodman will follow up and advise. Mr. Mott stated that the Fire Association is also
working on restructuring their by-laws relative to their Board of Directors. It is their desire to
add local business members to their Board.
Chief Dooley stated that his department distributed a notice to residents concerning
parking for the winter season. Residents should sign up for alerts at www.readynotifypa.org.
Bill Steele – Public Works facility – the grading for the stormwater management is
underway and he expects footers to be poured in about a week. The Route 401 sewer main
replacement specifications are out for bid and are due at the township on December 5th.
Terry Woodman advised that the proposals for updating the Comprehensive Plan are due
on November 13th and a list will be compiled and distributed for the Board’s review.
She also reported that the Valley Creek Trunk line partners had a meeting on November
6 with representatives from the surrounding communities. The trunk line experienced two
sewer line breaks during the year. They’ve hired an engineering company to determine the
reasons for these failures.
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ACCEPTANCE OF THE TREASURER’S REPORT
Ms. Woodman summarized the Treasurer’s Report. Mr. Mott made a motion to accept
the Treasurer’s Report dated September 30, 2014. Mr. Holmes seconded the motion and the vote
was unanimous. The Treasurer’s Report balance totals as of September 30, 2014 are as follows:
General Fund
$ 6,101,561.08
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Street Light Fund
Sewer Fund
Sewer Fund Reserve
Park Development Fund
Capital Improvement Fund
State Fund
23,566.02
2,955,133.09
6,708,571.24
314,525.31
10,002,911.54
109.52
APPROVAL OF THE PAYMENT OF BILLS AND PAYROLL
Mr. Mott made a motion to approve General Fund Voucher No. 2014-10G, Sewer Fund
Voucher No. 2014-10S, and Payroll Fund Voucher Nos. 2014-21, 2014-22, which included two
check runs. Mr. Wrabley seconded the motion and the vote was unanimous.
PLANS
Final Land Development Plan was submitted by Pennfield Properties for a two lot
subdivision from 2.2 acres at 1535 Morstein Road in an R-1 Residential District. Mr. Mullin,
P. E. representing the applicant said relief was granted by the Zoning Hearing Board for a 50
foot wide flag-pole access from Morstein for the second lot. One lot contains a rundown
vacant house which will be demolished. The stormwater plan shows one underground
seepage bed to be built to handle runoff for the two lots. They were requested by the Chester
County Conservation district to contain the runoff so that there was no discharge. Mr. Mullin
stated that they are able to comply with the Township Engineer’s letter of October 30, 2014;
but, felt that item #10 of this letter no longer applied since their disturbance is under an acre.
Mr. Mullin will contact Arro Engineers to advise them of this change to the plan. The
applicant is still awaiting approval from PADEP for the sanitary sewer planning module.
Mr. Mott made a motion to approve the Final Subdivision and Land Development of
Pennfield Properties for a two lot subdivision on 2.2 acres at 1535 Morstein Road in an R-1
Residential District subject to satisfactorily complying with items listed in Arro’s letter,
dated October 30, 2014, with the exception of item #10 relative to filing of an NPDES due to
minimum disturbance of acreage and satisfactory approval from any and all outside agencies.
Mr. Holmes seconded and the vote was unanimous.
Final Subdivision and Land Development submitted by the Benson Companies, LLC, for
the renovation of Linden Hall and the development of 60 townhouses on two parcels on the north
side of Rt. 30 in a Village Mixed Use Zoning District. Mr. Erixxon stated that they were
approved for their Conditional Use application, received Preliminary plan approval by the Board
of Supervisors and a recommendation for Final Land Development from the Planning
Commission. The applicant will provide the following: 1) a footbridge to cross Valley Creek
and a trail through the open space; 2) removal of the pedestrian access from the sidewalk along
Rt. 30; 3) add a farm style gate for the emergency access from Church Road; 4) install a split rail
fence along the western property line and along the boundary with the Chester Valley Golf Club
up to the wetlands. Mr. Erixxon advised that they have received approval from PADEP for their
exemption from the Sewage Facilities Planning Module process.
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Mr. Mott made a motion to approve the Final Subdivision and Land Development
plan submitted by Benson Companies for the renovation of Linden Hall and the development
of 60 townhouses on two parcels on the north side of Rt. 30 opposite the intersection of Rt.
352 in a VMS - Village Mixed Use Zoning District subject to satisfactorily complying with
Arro’s letter, dated August 21, 2014, and that any and all remaining agencies permits and
approvals. Mr. Holmes seconded and the vote was unanimous.
OLD BUSINESS
Malvern Meetinghouse Restaurant update – Mr. Lincke stated that TD Bank has
proceeded to have the court strike the Deed in Lieu of Foreclosure which straightens out the title
and then they will get a certified copy recorded from the Recorder of Deeds. Then they may
proceed with the Sheriff’s sale. (536 Lancaster Avenue)
Status of the Birch Road Property - Ms. Woodman stated that vector control set up traps,
roll-off dumpsters were brought in for clean-up, now a structural engineer needs to determine
soundness of the property. A clear cut of the property will need to be done for the continued
work required.
Discussion of changes to the draft Recreational Vehicle Parking Ordinance amendment –
Ms. Woodman advised that the proposed ordinance will be presented to the Planning
Commission again at their November meeting. Per the Planning Commission’s request, the
Township Solicitor will be present to answer their questions. Mr. Holmes asked the Solicitor to
determine whether the proposed ordinance contains a clause relative to the “race car vehicles”
being owned by the property owner.
Mr. Holmes made a motion to authorize the advertisement of a hearing to consider the
proposed Recreational Vehicle Parking Ordinance amendment for December 10, 2014 following
their regular meeting. Mr. Mott seconded and the vote was unanimous.
Discussion of proposed PADEP Consent Assessment of Civil Penalty – Ms. Woodman
advised that the Solicitor prepared a letter to PADEP requesting that fines and penalties in the
amount to $25,976 be removed. A second notice was forward to them and to date no response
has been received.
NEW BUSINESS
Motion to appoint Joseph Samuel as a new alternate member to the Zoning Hearing
Board. Ms. Woodman stated that a vacancy existed on the Board. Mr. Mott made a motion to
appoint Joseph Samuel as an alternate member to Zoning Hearing Board to fill a term of office
until January 4, 2016. Mr. Holmes seconded and the vote was unanimous.
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Mr. Holmes made a motion to authorize the advertisement of a public hearing to be held on
January 14, 2015 to consider an amendment to the Corporate Gateway Overlay Zoning District to
permit mixed use development. Mr. Mott seconded and the vote was unanimous.
Mr. Holmes made a motion to authorize the advertisement of a public hearing to be held on
January 14, 2015 to consider an amendment to the O/BP Zoning District to provide standards for
building height increase by Liberty Property. Mr. Mott seconded and the vote was unanimous.
Discussion for the use of extra duty detail on private property – Ms. Woodman stated that
she received a request from CubeSmart to hire an officer to patrol the entrance on Old Lincoln
Highway due to rush hour traffic cutting through this property to avoid the traffic signal. The
property owner had posted “No Trespassing” signs to discourage this practice. After much
discussion, the Board decided to work with the Township Solicitor relative to the legality.
Ms. Woodman mentioned that by adopting Resolution No 20-2014 the Township would
be able to invest township funds in secured banking depositories at a better rate. Stifel Investment
Services would provide a menu of certificates of deposit for our investment purposes. They are
paid by the bank that sells the township the certificate of deposit. The only restriction on townships
are that they must be covered by FDIC and adhere to the maximum of $250,000 deposit as
regulated by law. Mr. Mott made a motion to adopt Resolution No. 20-2014 designating Stifel
Investment Services as a depository for township funds. Mr. Holmes seconded and the vote was
unanimous.
Mr. Mott made a motion to adopt Resolution 21-2014 authorizing the Township Manager
to sign applications made to PennDOT. Mr. Holmes seconded and the vote was unanimous.
Review of the 2015 Preliminary Budget – Mr. Holmes advised that a meeting was held on
October 29, 2014 to review the proposed 2015 preliminary budget. Ms. Palmer outlined the
changes which occurred as a result of that meeting. Therefore, the projected funds balances are as
follows:
General Fund Balance
$5,033,778
Sewer Fund Balance
$2,245,793
Sewer Reserve Balance
$4,194,005
Park Development Balance
$ 179,662
Capital Improvement Balance
$1,623,851
Mr. Mott made a motion to approve Version 2 of the 2015 Preliminary Budget which will
result in being presented as the 2015 Final Budget. Mr. Holmes seconded and the vote was
unanimous.
Mr. Mott made a motion to authorize the advertisement of the Board’s intent to appoint a
certified or competent public accountant or firm to conduct the 2014 year end audit. Mr. Holmes
seconded and the vote and the vote was unanimous.
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Mr. Holmes made a motion to advertise the Township’s intent to receive bids on December
3, 2014 for the purchase of materials and rental of equipment. Mr. Mott seconded and the vote
was unanimous.
Mr. Holmes made a motion to authorize the Township Manager and Finance Director to
file forms relating to the SEC’s MCDE Initiative concerning disclosures with regards to Bond
issuances. Mr. Mott seconded and the vote was unanimous.
The regular meeting was recessed 8:45 pm.
PUBLIC HEARING
Notes of Testimony were taken by Arlene LaRosa.
The Public Hearing to consider the application of Fetter Mill Homeowners Association
was opened at 8:55 pm. The hearing was closed for the east, west and south sides of the
development. The Hearing on the northern side landscaping was continued to December 10,
2014. The hearing was closed/continued at 10:06 pm.
The Conditional Use Hearing to consider the application of East Whiteland Township
pursuant to Section 200-57.E of the Township Zoning Ordinance was opened at 10:10 pm and
adjourned at 10:12 pm
ADJOURNMENT
Hearing no new business the meeting was adjourned at 10:13 pm
Respectfully submitted,
Maureen G. Perri, Township Secretary