Pete Stanton

Fencing at Valley Forge Middle School is on the move: Plan now includes a “Zig Zag Fence to No Where”.

Chain_Link_FenceThe TESD Facilities Committee meeting was held on Friday, April 10 at 2 PM.  Although the agenda was available on the TESD website for a week, there was no mention of the Valley Forge Middle School fencing project. With the ongoing fencing discussions with the District, township and residents, it was odd that there was to be no discussion of the matter.  When we showed up for the meeting, we were surprised to learn that the VFMS fencing project was added to the agenda. No one was notified of the last minute addition – not even the adjacent Green Hills property owners most affected, the “abutters”.

When I asked about the last minute change in the agenda and lack of notification, Facilities Chair Pete Motel referred my question to Art McDonnell for the “policy” answer.  According to McDonnell, the Board can change the agenda has much as they want and anytime they want – that’s the policy. McDonnell added that the District was not sure if they would have a statement on the fencing (and apparently only decided minutes before the start of the meeting!).

Interesting that with 7 of the 9 school board members and Supt. Dan Waters all in attendance at the Facilities Meeting that it is the Business Manager who describes the District’s policy. Why do we need to pay for a Superintendent (and we currently have two – Drs. Waters and Gusick) or elect a School Board, when we have a Business Manager making so many of the District’s decisions?

Pete Stanton, Green Hills resident and abutter to VFMS property, was in attendance at the meeting and provided the following comments. (Pete, is the one who suggested the ‘green line’ location for the fencing at VFMS – click here to see the map of the project with the green line indicated.)

The Facilities Committee met on Friday April 10 and offered a counter proposal for the VFMS fencing project. As an affected homeowner, I was pleased to see at least some concessions made, but, in reality, I think there is much left to be desired in the new proposal.

Here is the quick version of the new proposal:

-no fencing in front of abutting homes; Instead, 6 foot chain link following green line plan on upper fields.

  • 4 foot fencing all along VF Rd. by track up to Walker (fence on school side of current sidewalk)
  • 4 foot fencing running down VF Rd extending to northern border woods.
  • 4 foot fencing extending into woods at northern border, zig zagging through trees, ending at a residents outer property line, well within view of their home.
  • “enhanced signage” at locations TBD on or near the school borders. Facilities Committee will meet with Abutting households at date TBD to get input on these signs.

More importantly perhaps, there was much that wasn’t addressed by the new proposal. For example:

-nothing in writing or indication that the 2002 agreement between CCA and TESD would be amended to reflect the new TESD proposal.

-A connector path is not being planned on the upper field after the rest room kiosk that allows easy pedestrian access to the sidewalk along VF Rd. The Facilities Committee chairman has repeatedly said that they “reserve the right” to lock the gates at some point in the future during school hours. I think this locking will be done sooner than later without a new accommodation, which is what the new connector path (approx. 80 yards long by 4 foot wide) will provide.

-under the revised plan, the woods will definitely not be “Undisturbed” as expressly promised in the 2002 agreement … so this would be a violation of the agreement, unless an addendum to the Special Exception is agreed upon.

In my opinion, Tredyffrin Township needs to realize that what is being proposed is far from a satisfactory outcome for the residents of Green Hills and Chesterbrook. The Township needs to actively intervene and disallow any potential violation of the 2002 Special Exception.

It’s imperative that as many residents as possible go to the Tredyffrin Townships Supervisors meeting on April 20th to express the position to them that the School District has to honor the 2002 agreement. Again, this requires the School District to get in in front of the Zoning Hearing Board to get an amendment to the 2002 Special Exception agreement that my homeowners associations can agree to. Until such agreement is reached, this is still an active issue. Please encourage anyone else in Chesterbrook that you know to attend as well … it isn’t just a Green Hills issue; it’s an issue for all the residents.

Did the School Board actually think that the concession stated to a handful of people at a Facilities Committee meeting to move the fence was somehow going to end the debate?

The Facilities Chair Pete Motel continues to state and re-state that the District does not have to go before the township’s Zoning Hearing Board – that VFMS is District property and that they can do what they want with it.

Unlike the fencing at the other District schools, the fencing at VFMS is unique – the property consists of two parcels with different zoning and a legal agreement with the adjacent community.  The 2002 Special Exception by the Zoning Hearing Board set the parameters for TESD with Chesterbrook Civic Association and Green Hills Association – it would seem that any changes to that agreement would require review and updating.

This ‘new’ plan from the District does have the fencing out of the backyards of the abutters and moves the 6-foot fencing to behind the fields. (This will be the first 6-foot fencing at any of the eight schools.) However, the fencing will run the length of Valley Forge Road in front of the VFMS and into the woods that is shared with Green Hills.  Rather than ending the fencing at the woods, the fencing goes through the woods and will turn into the Chesterbrook community.  I asked if the District intended to take trees down in the woods – the response was no, that the fence would zig zag around the trees!  To be clear, the zig-zagging of the fencing will abruptly stop at the end of the woods at an abutter’s property line.  The fence will not connect to another section of fencing … the “fence to nowhere”.

If the handful of audience members who attended the Facilities Committee meeting are to believe what was stated – no further discussion is required with the township on the VFMS fencing, no approvals are required, no amendment to the 2002 Special Exception is needed. When asked if this decision to change the plans required a full TE School Board approval, the answer again was no.  In other words, the District can do whatever it wants at VFMS because the agreement was meaningless and implies that there are no deed-restrictions on the property.

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Tonight the District has a Finance Meeting (6:30 PM) and a Budget Workshop (7:30 PM) at Conestoga High School.  Click here for the agenda. Although the outsourcing vendors for the District’s aides and paras was on the last Finance Meeting a and the last School Board Meeting agendas, it does not appear on tonight’s agenda.

How are the 73 full-time aides and paras supposed to make a decision by May 1 on whether to go part-time (to remain a District employee) or go with an outsourcing company when they don’t know who the outsourcing company is or the benefits … ? 

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TE School Board’s idea of ‘compromise’ at Valley Forge Middle School … Green Hills homeowners to get 6-foot high chain link fences in their backyards instead of previously announced 4-foot fences

Green Hills residents met with TE School District representatives regarding the proposed Chesterbrook fencing project last night and learned that compromise isn’t in the school board’s vocabulary.

Representing the TE School District at the meeting were school board members Pete Motel, Kevin Buraks, Liz Mercogliano and Kris Graham in addition to Art McDonnell, Dr. Gusick, attorney David Falcone of Saul Ewing, Tom Daley of Daley & Jalboot Architects and the District attorney Ken Roos. Motel, Buraks and Mercogliano are all on the Facilities Committee and School Board President Kris Graham attended in the absence of Virginia Lastner, the fourth member of the Facilities Committee.

In addition to the homeowners, attorney Brian Nagle of MacElree & Harvey represented Chesterbrook Civic Association and Michael Gill of Buckley, Brion, McGuire & Morris represented Green Hills Homeowners Association at the meeting.

With the proposed chain link fencing planned extraordinarily close to the abutting properties, residents appealed to the school board for a reasonable discussion of the project. However, rather than finding common ground and understanding, the affected property owners learned that their backyard fencing would not be 4 feet high as previously stated at the District’s Facilities Meeting. No, in a surprise announcement, the Green Hills residents learned the District has changed the height of the chain link fencing in their backyards to six feet!

It seems to me that these homeowners are being targeted – the Valley Forge Middle School fence project calls for the two sections of fencing along Chesterbrook Boulevard and Valley Forge Road to have four foot high fencing whereas the Green Hills residents are facing 6 foot chain link fences in their backyards. I don’t’ think any of the other school fencing projects have 6-ft. high fences, do they? You have to wonder what the District uses as their criteria for 4 ft, 5 ft. or 6 ft. fencing.

I thought that you needed a variance for 6 foot fencing in Tredyffrin Twp and we know that that the District previously withdrew their variance request. However, the District sidesteps the ZHB application process by putting a 4-ft fence along Valley Forge Road, which is technically the front of the school. According to Tredyffrin Township Zoning Ordinance 208-119, the back and rear yards at Valley Forge Middle School (which includes the Green Hills-TESD property line) only requires a permit for the 6-ft. fence not a variance. (Note – as of late today, the township had not received a fence permit request from TESD).

Green Hills resident and abutting property owner Pete Stanton attended the meeting and provides his summary below.

Summary of meeting 3/25/15 with representatives of the TE School Board and concerned citizens of Green Hills and Chesterbrook regarding proposed VFMS Fencing project.

– No agreement was reached over fencing. The status is that the School Board is still determined to place the fence at or near their property line. They plan to notify residents in the near future exactly where the line of the fencing will go.

– In a surprise turnaround, the Facilities Committee Chair Peter Motel announced the fence facing Green Hills homes would be 6 feet high. Previous Facilities Committee discussions that I attended had indicated the fence near our properties to be a four foot fence. No explanation for this change was offered. The Contractor is making an application for a fencing permit to Tredyffrin Township.

– The fencing architect from Daley and Jalboot reinforced the idea that the primary goal of the fencing on their property line was border identification. The School Board had evidently not considered any other option to fencing to “mark” their borders, such as signage.

– Attorneys for Green Hills, Chesterbrook Civic Assn and the School Board’s attorney as well as their outside Counsel were all present. There was some back and forth questioning, but nothing substantive at this time.

– The invited guests presented a wide variety of commentary … the excess expense of the fence in time of fiscal crunch for the school District, the security flaws inherent in their planned fence placement and deployment, and the general disruption to all residents in cutting off the continuous access to the Rural Conservation (RC) zoned areas and paths to the fields, St Isaac’s etc.

– An alternative fencing line was proposed by a citizen (non-Green Hills resident) as a “compromise” which places the fencing well out from the homes but still cuts off access to the paths. This proposed alternative is certainly an improvement to the District’s plan, but may wind up costing the District more (due to needed new path construction) and in my opinion does not go far enough in allowing unfettered access to the 20.7 acre RC zoned open area. I have color coded the 2 alternative proposals for consideration. Please see the attached map showing my desired fencing line, (the green line plan), the Citizen’s “compromise” fencing route (red line plan) along with the pathway needed for that plan (new path is blue line). Click here for map of VF Middle School Fencing Plan.

– Green Hills and local Chesterbrook residents and the 5 “abutter” families seem clear that they want unfettered access to the 20.7 acre open area behind their homes as they have for decades. By placing the fence as a continuation of the four foot fence already in place on the upper fields closest to the school, the School District will enhance student safety. By being able to visually monitor the entire fenced area directly from the School plant, continue to allow resident path access that they have utilized forever, and save the District thousands of dollars in fencing costs… All these arguments taken together are compelling for the District to alter their current plans and strongly consider the one that I am offering here. With the “green line plan”, everyone wins.

It would seem that supporting the District’s proposed chain link fencing project is not a particularly smart political move for anyone seeking reelection to the school board. Board President Kris Graham (the only incumbent seeking reelection) and her unfavorable position on the Valley Forge Middle School fencing plan could pose a political hurdle for her in November.

It is my understanding that some members of the school board have agreed to a walkabout at the Green Hills fencing location with the five affected homeowners. I still contend that if all the board members would take the time to walk the abutting neighbor’s property, they would agree to a compromise discussion.

Here’s hoping that there is still time for reasonable people to make reasonable decisions on the Valley Forge Middle School fencing project.

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