The regular meeting of the Board of Supervisors, which began with a public hearing and was held in the Township building, was called to order at 7:47 p.m. by Chairman Kenneth Miller; others in attendance were Supervisors Zoe Perkins and Karl Brachwitz, Manager Allen Heist, and Solicitor Allan Greenwood.

PUBLIC HEARING - Rt. 100 Bypass Corridor Official Map (Ordinance No. 86-1998)

Solicitor Greenwood noted that this public hearing had been advertised as required by the Municipalities Planning Code (two times: September 25 and October 2, 1998) via fax to the Daily Local News on September 21, 1998. The proof of publication had not been received; when it is received, it will be made a part of this proceeding. The legal notice stated that it is the intent of the Board of Supervisors to adopt this ordinance at the regular meeting following the public hearing.

Manager Heist summarized the background for this ordinance, then Mr. Miller asked for public comment. A summary of response to those comments and questions follows: Reasons for not opting to widen Rt. 100 were reiterated (see September 28 minutes). The basic reason for this proposal is to plan ahead in anticipation of greater traffic volume. Even if West Vincent Township does not see intense development, through traffic on Rt. 100 will increase due to development along Rt. 100 to the south. PennDOT's negative response to a Rt. 100 study done by the N. Federation has indicated that they are unwilling to take on this type of improvement plan. Contrary to what many think, it is not necessarily true that planning for development causes intense development. With this ordinance in effect, the cost of building this bypass will be borne mostly by developers, relieving the Township of the expense of purchasing land at considerable cost to the taxpayers (even if eminent domain is initiated). Even though Rt. 100 is in need of improvement in the Eagle area (Upper Uwchlan Township), there is little hope that there will be a connection of the loop around Eagle with the Ludwigs Corner loop as proposed due to costs. To compensate for the area of land incorporated into a bypass right-of-way, developers will have a density bonus available for participating in setting aside land to be used in the future for this roadway. Reference was made to three pieces of correspondence which will be made part of this proceeding: 9/11 review letter from the Chester Co. Planning Commission, October 8 letter from the South Coventry Township Board of Supervisors, and October 12 letter from the Hankin Group.

There being no further discussion, the public hearing was adjourned at 8:16 p.m.

REGULAR MEETING

This meeting was called to order immediately following the above.

Unanimous approval was granted for Ordinance No. 86-1998 with a motion from Mr. Brachwitz and a second from Mrs. Perkins.

An official statement was received at the Township office today that the scheduled conditional use hearing for Keith Taylor, who sought approval for a commercial stable on Hilltop Road, was being withdrawn due to the untimely death of the applicant.

Unanimous approval was granted for minutes of September 14 and 28 regular meetings and September 8 and 30 combined workshops for the Ordinance Update. Motion was from Mr. Brachwitz and second from Mrs. Perkins.

Treasurer - Mr. Burnley gave this report for September: General account balance, $387,567.38; state account balance, $62,332.20; total, $449,899.58. Kimberton Sewer account balance, $17,828.20. Road repair loan account balance, $1,838.06. St. Stephen's Green water account balance, $4,803.93; St. Stephen's Green sewer account balance, $18,776.10.

Tax Collection - Received from Berkheimer Associates: Delinquent and penalties, $1,491.63; road repair loan, $971.14; earned income tax, $28,337.30; total, $29,800.17. Received from Chester County real estate transfer tax, $23,905.23.

Mr. Miller then suspended the remaining reports.

Brown - After being assured that all outstanding issues had been addressed, Mrs. Perkins made a motion to approve the subdivision plan for Eleanor Brown and to grant the requested driveway waiver, with stormwater calculations to be finalized at the time of building permit application; the motion was seconded by Mr. Brachwitz and carried unanimously.

Schubert - The Board acknowledged receipt of a two-lot subdivision of the original Vincentshire subdivision, which will remove a flag area providing access to Red Fox Lane for lot 4. Since access to lot 4 will be from Trego Road, the Red Fox Lane access will be removed and that area will be added to lot 2. Mrs. Perkins made a motion to acknowledge receipt of the Schubert lot-line change and requested that a letter be sent to the Chester Co. Planning Commission stating that the Township desires to waive the County review of this plan; it was seconded by Mr. Brachwitz and carried unanimously.

Schreiner - Mrs. Perkins moved to acknowledge receipt of this 3-lot subdivision of 16.3 acres on Hilltop Road; it was seconded by Mr. Brachwitz and carried unanimously.

Zoning Ordinance Update - Mrs. Perkins stated that while the provision of Transferable Development Rights is worthwhile, she sees the potential for abuse and would like to see the provisions in Section 2503C. revised. She suggested that there be a provision for the number of development rights to be negotiated by the Board of Supervisors, which will be reviewed by Solicitor Fronefield Crawford. Mr. Brachwitz made some suggestions for changes, which Manager Heist will review and incorporate into a revision for discussion at the final public hearing. The Board also agreed to include the entire Township in the "Sending Zone".

St. Stephen's Greene - With the deadline of October 15 approaching, at which time repairs to water basin #2 should be completed by the developer according to the agreement dated September 8, 1998, since little progress has been made and indications are that these repairs will not be completed on time, Solicitor Greenwood was instructed to contact the Commerce Bank for release of $25,000 held in escrow for this work, with a copy of his letter to be sent to Morgan Bros. Builders.

Employee Manual - Mrs. Perkins made a motion to approve changes to the Employee Manual in the areas of Drug & Alcohol Testing and Health and Life Insurance Benefits; it was seconded by Mr. Brachwitz and carried unanimously.

Bob Ellis reminded the Board of an issue that has been ongoing for 11 years now - that of the Cooks Glen Road vacation and rededication. Solicitor Greenwood agreed to make the appropriate contacts in order to give a complete report at the October 26 meeting.

David Kusner requested the opportunity to discuss the future for commercial stables in residential districts, even though they were sympathetic concerning the circumstances which called for the cancellation of tonight's conditional use hearing. Mrs. Perkins suggested that this topic was inappropriate for tonight's meeting in view of the circumstances, and suggested that it be brought up at another time. Since her suggestion was ignored, she left the meeting at 9:06 p.m. Joan Baker asked that a date be set for this topic to be discussed; the next meeting was agreed upon.

Bob Ellis requested an update on Mr. Kusner's request at the last meeting regarding safety at intersections. In Mr. Ellis' opinion, there is a traffic hazard at the Hollow Road/Flowing Springs Road intersection. The Gaffers have received a letter from the Zoning Officer regarding the obstruction caused by overgrown vegetation, which indicates that the Township would not be held responsible if this vegetation is damaged by road work done in that area. There was a short discussion between Mr. Ellis and Mrs. Gaffer, after which Mrs. Gaffer indicated that if the Township thinks it necessary, the vegetation will be cut back. The Roadmaster will look and make a determination.

Mary Ann Kusner reported hearing that the Polays have been extracting water and selling it to Perrier. This will be looked into.

Mr. Brachwitz made a motion to pay the bills on the bills list dated October 12, 1998; it was seconded by Mr. Miller and carried.

There being no further business, the meeting was adjourned at 9:16 p.m.

Respectfully submitted,