Public Hearing:

The West Vincent Township Board of Supervisors held a public hearing followed by their regular meeting on the above date at the Township Building. Chairman Kenneth Miller called the public hearing to order at 7:40 p.m.; also in attendance were Supervisors Zoë Perkins and Karl Brachwitz, Township Manager Allen Heist, Township Solicitor Allan Greenwood, and Norma Gerrity, court reporter.

The purpose of the hearing was to consider enactment of the following Ordinances:

• Ordinance No. 98-1999, an ordinance authorizing a referendum pursuant to the Open Space Lands Acquisition and Preservation Act on the question of the imposition of an additional tax at a specific rate to raise revenue to purchase open space property and miscellaneous other rules and regulations.
• Ordinance No. 99-1999, an ordinance creating the West Vincent Township Open Space Review Board pursuant to the Open Space Lands Acquisition and Preservation Act and providing for procedures for reviewing open space property interest to be considered for acquisition by West Vincent Township. This ordinance includes sections on organization, powers and responsibilities, reports and recommendations, procedures and miscellaneous provisions.

Solicitor Greenwood noted that the hearing had been duly advertised as shown by the proof of publication. Mr. Brachwitz read Ordinance 98- 1999 into the record; the question to be placed on the ballot will be framed, "Do you favor the imposition of an additional tax on real estate at the rate of fifty-six one hundredths of a mill per dollar of assessed value (0.00056) by the Township of West Vincent to be used to purchase interest in real estate and/or to make additional acquisitions of real property for the purpose of securing open space benefits?". Mr. Brachwitz then read sections of Ordinance 99-1999 creating the West Vincent Township Open Space Review Board highlighting the following:

• Organization: Membership - five members appointed by the Board of Supervisors including one Township Board member, one Planning Commission member, one EAC member, and two members at large. Term of membership is five years, except as originally established; the initial members are appointed with term expiration dates noted in the Ordinance.
• General Powers and Responsibilities - To identify, review, evaluate, and rate the relative desirability of parcels of real estate; to make recommendations with respect to the price that the Township would pay for particular parcels of real estate; to submit recommendations to the Board of Supervisors for its consideration to acquire such interests in real property. To recommend to the Board of Supervisors procedures for (i) reviewing various open space property interests; (ii) rating the relative desirability of interests in particular parcels of real property; and (iii) establishing the recommended price for the Township to pay for acquisition of real property interests.

Ordinance 98-1999 allows the Board of Supervisors to put the referendum on the November 1999 ballot and, if the referendum passes in November, Ordinance 99-1999 creates the Open Space Review Board with members appointed in January 2000. The following is a summary of questions, comments, and discussion:

• The Open Space Review Board makes recommendations to the Board of Supervisors.
• The establishment of an Open Space Review Board is required by the Open Space Lands Acquisition and Preservation Act when an additional tax is imposed for open space.
• The criteria/guidelines used to identify and evaluate open space lands will be in place prior to January appointments.
• The tax dollars generated by the referendum will go into a separate fund for open space land preservation.
• To quantify the additional tax, property owners in West Vincent Township are currently assessed .00056 mills for debt service to repay a $400,000 road repair loan, which will be paid off this year. The millage currently dedicated to repayment of the road repair loan will be replaced to fund open space preservation.
• How will the open space land be managed? Each property will be different, i.e. if the land was used for agricultural purposes it may be rented to a farmer.
• The West Vincent Land Trust, Inc. will work with the Open Space Review Board on property acquisition and preservation on some projects.

There being no further discussion, the evidentiary portion of the record was closed. Mrs. Perkins moved the public hearing be adjourned; the motion was seconded by Mr. Brachwitz and the hearing adjourned at 8:15 p.m.

Regular Meeting:

The regular meeting was called to order by Chairman Miller at 8:16 p.m. A unanimous motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, that the ordinances being voted on were considered at the immediately preceding public hearing and the record of the hearing is incorporated by reference in the minutes of the regular meeting.

Mr. Brachwitz made a motion that Ordinance 98-1999, authorizing a referendum pursuant to the Open Space Lands Acquisition and Preservation Act on the question of the imposition of an additional tax at .00056 mills to raise revenue to purchase open space property and Ordinance 99-1999, creating the West Vincent Township Open Space Review Board pursuant to the Open Space Lands Acquisition and Preservation Act, and providing for procedures for reviewing open space property interests to be considered for acquisition by West Vincent Township be adopted. The motion to adopt Ordinance 98-1999 and Ordinance 99-1999 was seconded by Mrs. Perkins and carried unanimously.

Subdivisions/Land Development/Zoning:

Hard Scrabble Farm - A motion was made by Mr. Miller, seconded by Mr. Brachwitz, to grant a waiver from Section 202 definition of "Minor Subdivision" which requires that not more than three lots be proposed. The applicant requests that this requirement be waived to permit a minor subdivision of six lots. The motion carried with Miller and Brachwitz voting in favor; Perkins abstained. Mr. Brachwitz moved to grant final approval for the Hard Scrabble Farm Subdivision Plan, a plan showing six lots on 137 acres on Davis Lane; the motion was seconded by Mr. Miller and carried with Brachwitz and Miller voting in favor and Perkins abstained.

Mr. Brachwitz reported Lawrence Kanavy has agreed to the Board's Conditional Use Application Decision dated June 28, 1999 granting permission to use the property (Tax Parcel 25-6-30) for distribution, sales and storage of building material under and subject to nine conditions.

The Board reviewed the schematic drawing of the location and dimensions of the monopole tower and equipment shelter proposed by Nextel on the Ludwigs Corner Fire Company property. Manager Heist stated the proposed location meets setback requirements. The Board indicated a non-binding inclination to favorable support the application noting that the new location meets the conditions of the ordinance.

The Board acknowledged receipt of a conditional use application from Michael A. Himsworth, 2378 S. Chester Springs Road, to construct a pond for stormwater management and aesthetic purposes. A public hearing will be held Monday, September 13, 1999.

A proposed ordinance amending various sections of the Zoning Ordinance and the Subdivision and Land Development Ordinance was reviewed by the Board of Supervisors; the ordinance will be advertised for public hearing in September.

Manager Heist reviewed an ordinance restricting speed in excess of twenty-five miles per hour on French Creek Road between Pughtown Road and the East Vincent Township line. A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to advertise with the intent to adopt Ordinance No. 100-1999; the motion carried unanimously.

Old Business:

To resolve the non-compliance issues outlined in the Y2K Risk Management Analysis completed by the Township computer consultants, a motion was made by Mrs. Perkins to replace the police computer system at a cost of $1618.00 per the price quotation submitted by NxTech. The motion was seconded by Mr. Brachwitz and carried unanimously.

Mark Dushanko questioned the status of the Wetherill Water System; an application has been sent to DEP for a second service well.

New Business:

A motion was made by Mr. Brachwitz to adopt Resolution No. 9-1999, issuing a mandatory water restriction on all nonessential water usage for the duration of the drought in accordance with Chapter 119 of the Pennsylvania Code and a mandatory ban on all open burning including burning in barrels. The motion was seconded by Mrs. Perkins and carried unanimously.

Bills List:

Mrs. Perkins made a motion to pay the bills on the Bills List dated July 26, 1999; it was seconded by Mr. Brachwitz and carried unanimously.

There being no further business, Mrs. Perkins moved the meeting be adjourned; the motion was seconded by Mr. Brachwitz and the meeting adjourned at 8:48 p.m.

Respectfully Submitted,