The regular meeting of the West Vincent Township Board of Supervisors was held on the above date at the Township Building. Chairman Kenneth Miller called the meeting to order at 7:38 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood; and Thomas Corcoran, court reporter.
Bid Opening:
As advertised for this date, sealed bids were received and opened for the construction of the West Vincent Township Municipal Complex, 729 St. Matthews Road, for five multiple prime contracts from the following contractors:
|
SITE CONSTRUCTION: |
BASE BID |
CHANGE ORDER% |
|
J.A. Tadde Corp. |
$292,300 |
22% |
|
GENERAL CONSTRUCTION: |
BASE BID |
CHANGE ORDER% |
|
Centre Point Contracting |
$648,500 |
10% overhead 10% profit |
|
Chriscott Builders, Inc. |
$595,676 |
15% |
|
The Fayette Group, Inc. |
$576,500 |
15% |
|
Gold Rock Custom Builders |
$648,000 |
25% |
|
Edward A. Reider, Inc. |
$648,968 |
10% |
|
Shai-Daniels |
$699,400 |
17% |
|
PLUMBING & FIRE |
BASE BID |
CHANGE ORDER % |
|
Richard F. Bondurant |
$109,610 |
10% overhead 10% profit |
|
Vision Mechanical, Inc. |
$58,700 |
15% |
|
TMI Commercial |
$74,900 |
15% |
|
Greg’s Mechanical |
$60,990 |
16% |
|
MECHANICAL CONSTRUCTION |
BASE BID |
CHANGE ORDER % |
|
Gaffney Mechanical |
$115,000 |
17% |
|
Air Control Technology |
$84,697 |
25% |
|
TMI Commercial |
$91,400 |
15% |
|
ELECTRICAL CONSTRUCTION |
BASE BID |
CHANGE ORDER % |
|
A.N. Lynch Company |
$122,000 |
20% |
|
Lenni Electric |
$98,791 |
15% |
An electrical construction bid was received but not opened from Mulhern Electric since the contractor did not complete the required bid registration.
Bids will be reviewed for completeness and low bidders will have references checked to determine qualified status; award is anticipated to be Monday, July 24, 2000 at 7:30 p.m. to the lowest qualified responsible bidder.
Township resident Thoma Johnson pointed out that the lowest base bid totals plus any additional costs for maintenance buildings is over the projected construction budget and requested the Board to review the bid specifications and lower the costs to the budgeted amount. Manager Heist mentioned that each of the five prime contracts include twelve alternates (additions and deletions) and the base bid read tonight may not be a final number.
Conditional Use Hearing:
A conditional use hearing for Taylor Braendel was called to order at 7:53 p.m. The hearing had been duly advertised as shown by proof of publication and notice had been given to all property owners within 500’ of the Braendel property. The applicant desires to use his 1.5 acre property (Tax Parcel No. 25-7-110) located at 2440 S. Chester Springs Road in the R-3 Zoning District for film and video production.
Solicitor Greenwood invited submission of Entry of Appearance forms and one entry of appearance was filed by Larry Shontz, 2415 S. Chester Springs Road, Chester Springs, PA 19425. The Board confirmed party status in the conditional use hearing for Mr. Shontz.
The Board submitted the following exhibits for the record:
B-1 - Proof of Publication
B-2 - Name and address listing for properties within 500’, copy of mailing labels, and copy of information packet sent.
B-3 - Review Letter from Robert Wideman, Township Zoning Officer dated June 12th
B-4 - Review Letter from the Chester County Planning Commission dated June 15th
B-5 - West Vincent Planning Commission minutes dated June 15, 2000 recommending approval to use the property for film and video production per the Ordinance
Mr. Braendel testified he is asking for a conditional use in accordance with West Vincent Township Zoning Ordinance Section 2205, Film and Video Productions. His application included a tax parcel map showing the location of his residence and photographs of the property and the use will comply with all provisions and conditions in Section 2205. Mr. Braendel reviewed a diagram of his property showing his house, deck, two driveways, well, septic tank, drain field, and existing landscaping to illustrate that there is ample space to park any necessary vehicles for this use in the driveways and an open level side yard measuring 60 X 160 feet. A typical production would consist of one 5-ton truck, two vans, and vehicles for crew members. The applicant submitted the following exhibits:
A-1 - Application for Conditional Use
A-2 - Property Diagram entitled "Taylor Braendel, 2440 S. Chester Springs Road, Tax Parcel #25-7-110"
A-3 - Greater Philadelphia Film Office Code of Conduct
Mr. Braendel added the following comments upon questioning:
The applicant anticipates the use to consist of film productions for 30-second commercials.
The ordinance allows a maximum of 12 days of production per calendar year; the applicant was agreeable to a three consecutive day limit per production and limiting production activities to Monday through Friday.
There will be no use of guns, explosives, aircraft, chemicals, or wild animals.
There is no intent to install temporary toilets; the septic system will be pumped on regular basis.
There is no intent to pave additional areas on his property.
Dimensions of his property consist of 325’ frontage, 190’ side yard (south), 180’ side yard (north), and 375’ rear yard.
Notification of neighbors prior to a production is part of the Code of Conduct as established by the Greater Philadelphia Film Office; he intends to comply.
The applicant is agreeable to 6 days of production in 2000 and the calendar year established as January 1st through December 31st.
The Board discussed reserving the right to effect a review period (i.e. five years) for additional conditions or changing conditions, since productions can vary extremely and it is unknown what a production will consist of or entail.
There will be no on-street parking.
Most filming will occur indoors with the possible exception of entering the house or deck shots.
There will be no X-rated or pornographic productions.
A temporary permit will be required and issued by the Zoning Officer prior to the start of each production.
There being no further testimony or questions, the evidentiary portion of the record was closed; a decision will be rendered within 45 days. Messrs. Braendel and Shontz will be afforded the opportunity to review the draft decision and submit their comments to the Board.
Continuation of Regular Meeting:
The regular meeting was called to order at 8:37 p.m.
Minutes:
Unanimous approval was granted for minutes of June 5, 12, 19, and 26 with a motion from Mr. Brachwitz and second from Mrs. Perkins.
Reports:
Treasurer’s Report - Barbara Dunn reported the following June account balances: General Fund, $237,283.37; State Fund, $99,099.94; Kimberton Sewer Fund, $17,518.71; Road Repair Loan Fund, $20,771.37; Township Building Loan, $693,785.18; St. Stephens Greene Water Fund, $19,700.54; and St. Stephens Greene Sewer Fund, $33,832.63.
Police Report - Police Chief Karl Jones reported that the Police Department responded to 67 calls in June. The Department will be increasing traffic enforcement on secondary roads due to the Route 100 detour; nine juveniles and an adult were arrested for trespassing on the Camphill School property; and several other arrests were made involving disorderly conduct, driving under the influence of alcohol or controlled substance, and receiving stolen property.
Solicitor’s Report - Solicitor Greenwood reported working on the Fasel Subdivision, St. Stephens Greene and Vincentshire road dedications, Curfew Ordinance, Drauschak property regarding a natural road subdivision, and Gannett Fleming, Inc. contract for services with the Township.
Ronald Agulnick, Esquire was present to discuss two outstanding issues regarding the Fasel Subdivision Restrictive Covenant Agreements. The first issue was regarding a limitation on uses that could exist on the property as referenced in the Deed Restrictions document 1.(viii) "storage garage for housing of not more than two horse trailers, boat trailers, or other recreational vehicles or equipment owned by and for the use of the occupants of the dwelling". The restriction will be revised to include the structure must comply with zoning regulations, elimination of "not more than two", and all storage of trailers, recreational vehicles or equipment shall be contained within the structure.
The second issue involved the TDR Preservation Area; Mr. Agulnick has revised the TDR Restrictive Covenant Agreement to provide that swimming pools, tennis courts and similar facilities and the buildings and structures accessory to the use be permitted in the Greenway Lands, which in his opinion, were uses similar to open space and park uses. Solicitor Greenwood stated that the purpose of the preservation area was to remain open, protecting the rural ambiance. In his review of these suggested provisions and subsequent telephone conversations with Mr. Agulnick, Mr. Greenwood found the provisions to be inconsistent with the intent and meaning of Section 2504D.1 of the Zoning Ordinance; the Board agreed. Mr. Agulnick concluded by stating that without these revised provisions in the Restrictive Covenant Agreement, the Fasels would loose the potential buyer for Lot 3; and in addition, the applicants will submit a conventional by-right subdivision plan for their property instead of using TDR’s.
One of the conditions of subdivision approval accepted by the applicants on June 12, 2000 was approval of the TDR Restrictive Covenant Agreement by the Township Solicitor and since Mr. Greenwood has rejected the TDR Restrictive Covenant Agreement as revised by Mr. Agulnick the Fasel Subdivision application has been denied. A unanimous motion was made by Mrs. Perkins, seconded by Mr. Miller, authorizing Mr. Greenwood to send notification to Mr. Agulnick advising him that the Solicitor’s rejection of the TDR Restrictive Covenant Agreement constitutes denial of the Fasel subdivision application by the Board of Supervisors.
Correspondence:
Correspondence was received from Michael Nardone, independent auditor of Berkheimer Associates, Earned Income Tax Administrator, finding an accurate allocation of receipts.
Correspondence was received from Laura Hardt, 5 Pine Drive, requesting the installation of "sizeable speed bumps preceding the curve and throughout our street at regular intervals"; Miller and Brachwitz denied the request for speed bumps.
The Department of the Auditor General has provided an audit report of the West Vincent Township Nonuniformed Pension Plan for the years ended December 31, 1999, 1998, and 1997 finding financial statements or required notes to the financial statements have not been prepared; Manager Heist confirmed that financial reporting standards have been established and the Township is in compliance.
Bid Award:
A unanimous motion was made by Mr. Brachwitz, second by Mrs. Perkins, to award the bid for repair and paving of the walking path at the Township Park to Melchiorre Construction Company in the amount of $38,000.00. 50% of the cost will be reimbursed through the Chester County Parks and Recreation Department Township Park project grant.
Subdivisions/Land Development/Zoning:
Steven Meyer, 25 Springlea Lane and Mark Bevevino, 23 Springlea Lane were present to discuss the construction of 6’ earthen berms on their lots in the Springlea Development. Section 2215 of the Zoning Ordinance stipulates "all new buildings housing a human activity….shall be set back a minimum of fifty feet from any pipeline right-of-way which transports a flammable or explosive material, either existing or proposed". Further, "within the required setback area, earthen berms at least six feet in height shall be constructed". Messrs. Meyer and Bevevino request the Board to consider changing Section 2515 of the ordinance. Submissions for the Board’s review included an opinion from Columbia Gas Transmission stating that a berm would provide no protection to nearby homeowners, a description of the pipeline, property plot plans, pictures, and a copy of NFPA 54 National Fuel Gas Code, which does not require an earthen berm. Zoning Officer Robert Wideman’s review letter stated "the ordinance does not comment on the specific need for the berm, however, I can only imagine that the possibility of explosion or fire would create the need for such a berm. There is no provision in the zoning ordinance that allows for any discretion to grant relief in this matter by either the code enforcement officer or the Board of Supervisors. It appears that an amendment to the zoning ordinance, a variance or a relaxed enforcement policy would be necessary to allow for either a reduction or elimination of these berms".
The Board will proceed with considering a change to Section 2215 of the Township Zoning Ordinance. Mr. Bevevino will not be required to install a berm on 23 Springlea Lane at this time accepting that if the ordinance is not amended he will be required to install the berm; Mr. Meyer was instructed not to remove the existing berm located at 25 Springlea Lane. If the ordinance is not amended, both property owners will have the right to appeal to the Zoning Hearing Board or apply for a variance.
Upon a unanimous motion by Mr. Brachwitz, seconded by Mrs. Perkins, the Board acknowledged receipt of a draft Sewages Facilities Agreement for The Hankin Tract to review prior to forwarding the planning module to PADEP. The next formal meeting of the Board is July 24th.
The Board unanimously acknowledged receipt of a subdivision extension agreement to August 28, 2000 for the Kling Family Subdivision Plan upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
The Board unanimously acknowledge receipt of a 33-lot preliminary subdivision plan for 87.064 acres at 1156 St. Matthews Road (Laymen’s Home Missionary Movement) in the R-2 Zoning District by equitable owner Woodstone Development Company, Inc. upon a motion from Mr. Brachwitz and second from Mrs. Perkins. The plan will be sent out for review.
Commonwealth Engineers, Inc. has notified the Township that Woodstone Development Company, Inc. has applied for an NPDES General Permit for construction of a sanitary sewer line at 1156 St. Matthews Road.
A motion was made by Mr. Miller, seconded by Mrs. Perkins, to approve forwarding a citation to District Court against Sunrise Diner for zoning violations pertaining to signage and lighting; the motion carried unanimously.
As a result of recent changes to the PA Municipalities Planning Code (Acts 67 and 68) regarding regional planning and zoning issues, a representative from Newtown Township, Bucks County, has been invited to attend the September 14th Planning Commission Workshop to discuss their experience in implementing these types of land development regulations.
Old Business:
A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to accept a price quotation submitted by Collinson Inc. to furnish and install CORTEN materials guiderail on Bertolet School Road and Jaine Lane in the amount of $5,400.00; the motion carried unanimously.
Business from the Floor:
Clare Quinn mentioned the need for a yield or stop sign on Fellowship Road at the "base of the eastern segment of the cut-off V area" south of Route 401 in Upper Uwchlan Township. Manager Heist will contact Upper Uwchlan Township regarding this traffic safety issue.
Bills List:
Mrs. Perkins made a motion to pay the bills on the Bills List dated July 10, 2000; it was seconded by Mr. Brachwitz and carried unanimously.
There being no further business, Mr. Brachwitz moved that the meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 9:40 p.m. An executive session was held regarding potential matters of litigation.
Respectfully Submitted,