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January 8, 2003

WEST GOSHEN TOWNSHIP
BOARD OF SUPERVISORS MEETING
January 8, 2003

A regular meeting of the Board of Supervisors of West Goshen Township was called to order by Chairman Edward G. Meakim, Jr., at 4:02 p.m. on Wednesday, January 8, 2003, at the West Goshen Township Administration Building. Dr. White was absent. Mr. Meakim opened the meeting with the Pledge of Allegiance to the Flag.

Mr. Meakim opened the floor for public comment. No comments were made.

Mr. Meakim announced that the Board of Supervisors met in an executive session on January 3, 2003 to discuss legal matters.

Ms. Nancy D. Rodgers, Zoning Officer, announced that the West Goshen Township Zoning Hearing Board will hold a public meeting on Thursday, January 9, 2003 to discuss and possibly render a decision on the application of West Chester Area School District, 829 Paoli Pike, West Chester, PA. The property for which the application is made is located at 400 Montgomery Avenue, where the B. Reed Henderson High School is currently located. The applicant is seeking a Special Exception and Variances necessary to permit the applicant to develop and use the property as depicted on the plan.

Ms. Rodgers further announced that the Zoning Hearing Board will also consider on January 9, 2003 the application of Metabo Corporation, 1231 Wilson Drive, West Chester, PA. The applicant is seeking a Special Exception to permit retail sales of less than 10% of total wholesale sales of the principal use on the current property.

Ms. Rodgers announced that the West Goshen Township Zoning Hearing Board will hold a public meeting on Thursday, January 16, 2003 to hear further testimony on the application of West Chester University of Pennsylvania, Facilities Planning and Construction Department, 201 Carter Drive, West Chester, PA. The property for which the application is made is bounded to the north by East Rosedale Avenue, to the west by South High Street, to the east by South Matlack Street. The applicant is seeking a Special Exception and Variances for a School of Music/Performing Arts Center, elevated parking structure, surface parking lot and utility building.

On motion by Ms. McIlvaine, seconded by Mr. Meakim, the Board unanimously approved the Board of Supervisors minutes from December 11, 2002.

On motion by Ms. McIlvaine, seconded by Mr. Meakim, the Board unanimously approved the Treasurer's Report dated December 31, 2002 for the General Fund, the Sewer Revenue Fund, the Waste and Recycling Fund, and the Capital Reserve Fund, as well as the bills to be paid from the General Fund, the Sewer Fund, the Capital Reserve Fund, and the Waste and Recycling Fund.

Sgt. Anthony A. Storti gave the Police Report for the month of December, 2002. Sgt. Storti announced that approximately 115 children were present when Santa Claus arrived on Saturday, December 14, 2002, at 2:00 p.m. at the Community Park. 

Ralph Brown, Fire Marshal, gave the Fire Marshal Report for the month of December, 2002. The reports for Good Fellowship Club of Chester County and for Goshen Fire Company were not available. 

Richard Hicks, Building Official, gave the Building Inspection Activity Report for December, 2002. 

On motion by Mr. Meakim, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 3-03 setting the annual salary for the Township Manager for 2003 at $110,000.00.

On motion by Mr. Meakim, seconded by Ms. McIlvaine, the Board unanimously approved Resolution 4-03 setting the date of February 12, 2003 to hold a Public Hearing to consider the application of Educational Property Group, Inc. for a Conditional Use on the property at 230 East Rosedale Avenue for the construction of student housing.

On motion by Ms. McIlvaine, seconded by Mr. Meakim, the Board unanimously approved Resolution 5-03, an Application for Permit to Install and Operate Flashing Warning Devices on Ellis Lane (T-464) for East High School.

Prior to the consideration of Resolution 6-03, Ms. McIlvaine read the following excerpt from the resolution:

    In consideration of the requirements of the Pennsylvania Sunshine Act governing open meetings for the conduct of agency business, the Board of Supervisors has determined to establish regulations for the use of e-mail by the members of the Board of Supervisors and the members of other Township Authorities, Boards, and Commissions.

    Today's communication technology, including e-mails, is a valuable tool, and allows for the instantaneous communication of information to multiple recipients. However, care must be taken that the Authorities, Boards and Commissions do not conduct Township business to the extent that the Authorities', Boards' and Commission's members enter into "deliberations" via e-mail. This is in keeping with the Pennsylvania Sunshine Act, as amended, requirement that all Township business be conducted only within the context of a public meeting, excepting only those matters which fall within the "exceptions" to the open meeting requirement.

    It is not the intention of this Policy to preclude the Authorities, Boards and Commissions use of e-mails among their members for the dissemination of information pertaining to Township business, which they wish to share with other members of the Authorities, Boards and Commissions. Nor is it the intention of this Policy to preclude the Authorities, Boards and Commissions use of e-mails in any manner that would not constitute a "meeting" if conducted in person or by telephone.

    It is not the intention of this Policy to preclude the use of e-mails by members of the Board of Supervisors directed to Township staff or the Township's legal counsel.

    Conduct of Township business among a quorum of the Authorities, Boards and Commissions shall not take place by means of the exchange of e-mails among those members constituting the quorum, where the purpose of the e-mails is to deliberate Township business or for the purpose of taking official action. For the purpose of this Policy, the term, "deliberation" means discussion of Township business for the purpose of making a decision; and the term, "official action" means the establishment of policy, decisions on Township business, a vote on any motion, proposal, rule, regulation, ordinance, report or order, and recommendations made pursuant to any statute or ordinance.

    Nothing in this Policy shall preclude any member of the Authorities, Boards and Commissions from communicating by e-mail with one or more members of any Authority, Board or Commission, including a quorum of the Authority, Board or Commission, for the purpose of disseminating or sharing information pertinent to Township business.

On motion by Ms. McIlvaine, seconded by Mr. Meakim, the Board unanimously approved Resolution 6-03, establishing a policy governing e-mail communications by and among supervisors and other Township authorities, boards and commissions.

Mr. Meakim opened the floor for public comment. No comments were made.

Mr. Meakim noted that for the 9th consecutive year West Goshen Township, the second largest township in Chester County, will not have a tax increase. He added that this was reported in the Town Talk Newspaper but not in the Daily Local News.

There being no further business, on motion by Mr. Meakim, seconded by Ms. McIlvaine, the meeting was adjourned at 4:12 p.m.

    Respectfully submitted,

    Sharon Lynn
    Township Manager

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