WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS
MINUTES - MARCH 6, 2000

(UNAPPROVED)

The administrative meeting of the Board of Supervisors, held in the Township Building, was called to order at 8:15 a.m. by Chairman Kenneth Miller; also in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood and Township Planning Solicitor Fronefield Crawford.

An executive session was held regarding acquisition of real estate interest; the administrative meeting reconvened at 8:50 a.m.

Alan Escott, Esquire and Robert Burch were present to discuss severing the development rights on the former Dawes property (77 acres on Kimberton Road) and restricting development to four homes without imposing any additional conditions. It was suggested that in lieu of a "no-build" area delineation, Mr. Burch place a conservation easement on the fifty-five acre parcel on the north side of Kimberton Road opposite the "Dawes Property" or offer for bargain sale the remaining fifty development rights to the Township. Following a brief discussion with his attorney, Mr. Burch offered to the Township or an assignable conservation agency the right of first refusal to the remaining fifty development rights, in the event of a third party purchaser involvement, at a 50% discount of market value with a decision regarding said purchase within 30 days and purchase within 90 days of the offer. Mr. Brachwitz and Mrs. Perkins were inclined to favorably approve the proposal. Mr. Miller requested a private discussion with Messrs. Greenwood and Crawford; upon returning Mr. Miller recused himself from the discussion and subsequent discussions and voting regarding TDRs on the "Dawes Property" due to a potential conflict of interest.

Mrs. Perkins moved, this 6th day of March, 2000 that the Board of Supervisors accept the proposal for implementation of transferable development rights on the 77 acre Dawes tract, to wit:

  1. that a total of four development rights be retained on the Dawes tract;
  2. that the Dawes tract be deed restricted against any development over and above the four dwelling units which would then be permissible;
  3. that there be no spacial restrictions imposed on the location of the four dwellings on the Dawes tract, except for the applicable setback requirements under the Zoning Ordinance;
  4. that the remaining fifty development rights be acknowledged by the Township as severable from the Dawes tract, and not at the present time to be allocated to a specific receiving zone; and
  5. that the fifty severable development rights be limited in their future use to either:
    1. attachment to a property owned by Robert Burch and located within the receiving zone under the Township's TDR Map, or
    2. if Mr. Burch proposes, at any time in the future, to sell or otherwise transfer all or a portion of the fifty development rights severed from the Dawes tract to a third party for attachment to a specific receiving zone property, that the Township be provided with a right of first refusal to purchase all or a portion of the development rights otherwise to be sold, at a price which is equal to 50% of the written offer which Mr. Burch proposes to accept from the third party purchaser, the Township to have 30 days from its written notification within which to notify Mr. Burch of its decision whether or not to purchase all or a portion of such development rights under this right of first refusal, and the Township to thereafter, in the event that it elects to exercise this right, have an additional 60 days (a total of 90 days of its written notification) within which to complete the purchase of all or a portion of such development rights at the said 50% purchase price.

It is further moved that the final documentation necessary to implement this motion be approved by Township Solicitor Allan Greenwood, Esquire, and Township Planning Solicitor Fronefield Crawford, Jr., Esquire, without further approval by the Board of Supervisors. The motion was seconded by Mr. Brachwitz and carried with Perkins and Brachwitz voting in favor.

A Route 100 ByPass Alignment plan delineating rights of way for the northern segment of the ByPass was prepared by Township Engineer Castle Valley Consultants, Inc. and reviewed by Board members. It was suggested that the realignment of Nantmeal Road be repositioned closer to the southern section of the Ludwigs Corner Fire Company property to maintain access to the Horseshow Grounds.

A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to approve a proposal submitted by NX Tech in the amount of $643.25 for a junction box with security protection and cable needed to serve the office computers to internet/E-Mail. Manager Heist reported on preliminary estimates for a computer scanner; additional information is pending.

The Board reviewed a draft letter to the residents in the Kimberton Sewer Extension Project regarding converting the existing loan from variable rate terms to a fixed rate. Mr. Miller suggested adding a note indicating that conversion would occur at no cost and that fourteen years remain on the current loan.

Correspondence was received from Coventry Little League including a Little League Baseball Inc. boundary map (which includes West Vincent Township), list of participating families in West Vincent Township, and request to use the Township Park ball field when it is available. A copy of the correspondence will be sent to the Glenmoore Eagle Youth Association.

There being no further business, the meeting was adjourned at 10:40 a.m.