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 7:34 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, and Township Solicitor Allan Greenwood.
Bid Award:
Sealed bids were received and opened on July 10, 2000 for the construction of the West Vincent Township Municipal Complex, 729 St. Matthews Road, and bid award advertised for this date. Mr. Brachwitz reported that the project would be refined to lower costs by revising the site drawings and modifying the building specifications and drawings. The modified construction documents will be sent to registered bidders; receipt of bids is anticipated for August.
Correspondence:
The Statewide Growing Greener Conference will be held October 13-14 at Penn State Hotel and Conference Center in State College, PA.
Correspondence was received from Vincent Baptist Church, 2109 Art School Road, voicing opposition to the proposed closure of South Chester Springs Road between Route 401 and Horseshoe Trail and urging the Board to keep the road open as a public road.
Edward Quinn, 1066 Bartlett Lane, sent a letter requesting that the potholes on the eastern end of Bartlett Lane be repaired; Mr. Miller will contact Mr. Quinn advising him the road is scheduled for grading in two weeks.
Subdivisions/Land Development/Zoning:
David Beideman, Jeffrey Miller, and applicant John Bachich were present to review a draft Agreement to Construct a Community Wastewater Collection and Treatment Facilities for the Laymen’s Home Missionary Movement preliminary subdivision plan and request input on the document or any additional issues the Board would like the applicant to address during the Planning Commission workshop scheduled for August 10th. Mr. Miller suggested that the service access for the sewage system be relocated from Pine Drive to the development. The Township Engineer has reviewed the draft maintenance agreement finding that the shortcomings of previous agreements (St. Stephens Greene and Matthews Meadows) have been addressed and had no significant recommendations. Solicitor Greenwood will try to review the draft agreement prior to the August 10th workshop; the next formal meeting of the Board is August 14th.
A revised draft Sewage Facilities Agreement for The Hankin Tract has been received and Richard Guarini was present to review the document and request the Board to approve and submit the planning module to PADEP. Outstanding concerns include:
As proposed, the operation and maintenance responsibilities for the system would lie with Developer/HOA prior to dedication to the Township. The Township indicated an interested in operating the system under contract with the Developer at plant start-up and suggested that the system not be turned over to the HOA.
Addition of a System Maintenance Reserve to provide a separate cash escrow for the maintenance of the system in the event the Developer fails to adequately address operation and maintenance issues.
As proposed, the Township has the obligation to accept the systems at 51% occupancy; the Township would like to consider occupancy of 75% - 100% to provide sufficient revenues to support the system operation.
Consideration for the Developer to fully fund the Capital Reserve Account prior to dedication of the improvements.
Mr. Guarini, Manager Heist, Mrs. Perkins, Solicitor Greenwood, and Township Engineer Craig Kologie will meet this week to discuss the areas of concern and the Board will review the resulting revised document at their administration meeting Monday, July 31st for potential action.
The Board has received The Hankin Tract Settlement Agreement and Order between Morrison Huston, Joseph Vasile, and the Concerned Citizens of West Vincent Township; the Board of Supervisors; and West Vincent Associates, Ltd. Board members will review the document prior to their administration meeting Monday, July 31st. Mrs. Perkins commended those involved in the agreement on the improvements which resulted - the lot on the corner of Westover Lane and Fellowship Road will remain undeveloped and additional landscaping will be placed along Westover Lane.
An agreement for subdivision review extension to September 1, 2000 for the Owen J. Roberts School District (Griffith property) was acknowledged with a motion by Mr. Brachwitz and second from Mrs. Perkins; the motion carried unanimously.
The Board unanimously acknowledged receipt of a subdivision extension agreement for The Hankin Tract (ByRight) extending review time to October 1, 2000 upon a motion from Mr. Brachwitz and second from Mrs. Perkins.
A motion was made by Mr. Brachwitz to acknowledge receipt of an application from Columbia Transmission Communications Corporation to withdraw its Conditional Use Application and Land Development Application in West Vincent Township; the motion was seconded by Mrs. Perkins and carried unanimously.
Correspondence was received from Integrated Land Management, Inc. requesting the Board’s determination on replacing the monoslab pavers to be installed on the Matthews Meadows Emergency Spillway, in accordance with the approved subdivision plans, with Turf Reinforcement Matting (TRM). The Township Engineer has reviewed the TRM specifications and found "the material not an or equal for brick pavers". The Board agreed the monoslab pavers must be installed in accordance with the approved subdivision plans.
Correspondence was received from John E. Good, Esquire, representing Gregory Stevens, advising the Board that Mr. Stevens is willing to extend the time period for rendering a decision regarding the Conditional Use Application of Senior Life Choice until August 31, 2000. The applicant plans to continue further discussions with Richard Mulcahey, Jr., Esquire, representing Party Kurt Deisher, and Township officials concerning a possible amended application. A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to accept Mr. Stevens’ request to extend the time period for rendering a decision regarding Senior Life Choice Conditional Use Application to August 31, 2000; the motion carried unanimously.
Ronald Agulnick, Esquire was present to request a determination from the Board on the revised Fasel Subdivision Restrictive Covenant Agreement, which in his opinion utilizes the Township Zoning Ordinance language; however, Solicitor Greenwood found the wording to be inconsistent with the intent and meaning of ordinance. A lengthy debate ensued; Mr. Agulnick agreed that the Fasel Subdivision Plan is not a recordable plan until the various documents are acceptable to the Township Solicitor and he will go back to his clients to review the necessary TDR Restrictive Covenant Agreement revisions.
A certified letter was received from Southdown Homes regarding an offer of dedication of Wetherill Estates Community Water System pursuant to the Agreement to Construct Community Water Supply, Collection, Treatment, Distribution and Storage System in West Vincent Township as part of the Wetherill Estates Subdivision Plan dated July 25, 1994. Enclosed was a statement from TMH Environmental Services, Inc., the licensed water system operator that is operating the System, confirming that the Water System is in good working condition. A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to approve the action of the Township Manager in that the offer of dedication was forwarded to the Township Engineer for review within ten days of receipt per the formal process designated in Section 510 of the Municipalities Planning Code; the motion carried unanimously. The Township Engineer will file a report and send a copy to the developer within thirty days.
Solicitor Greenwood reviewed Resolution 8-2000, accepting the offer of dedication of Barrington Lane, St. Stephens Greene under and subject to the following terms and conditions:
That the Township receive good, clear, and insurable title to Barrington Lane, title insurance insuring the same to be acceptable to the Township Solicitor and to include without any additional expense to the Township title that is free and clear of any mechanic’s lien.
That the Township and the Developer execute mutual releases.
That the escrow held by the Township be divided $52,000 to the Township and the balance of roughly $4,500 to the Developer.
That the Township and the Developer reduce the above terms to an agreement which shall also include provision for release of the Commerce Bank escrow account to the Developer (approximately $20,300 plus interest since 8-23-98), that the Township shall cooperate in the securing of title insurance, that no escrow money be released until title insurance has been provided, that the Township shall thereupon also release its second mortgage against 170, 180, and 190 Penn Street, Spring City and that the Township shall pay the cost of the title insurance.
A motion was made by Mrs. Perkins to adopt Resolution 8-2000 accepting the offer of dedication of Barrington Lane subject to terms and conditions; the motion was seconded by Mr. Brachwitz and carried unanimously.
Old Business:
Mrs. Perkins requested that the budgeted line item amount of $10,000 be sent to the West Vincent Land Trust; a check will be forwarded to Land Trust Treasurer Joe Vasile.
New Business:
A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to approve amendments to the West Vincent Township Employee Manual; copies of the amended manual will be distributed to employees.
Bills List:
Mrs. Perkins made a motion to pay the bills on the Bills List dated July 24, 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 9:03 p.m. An executive session was held regarding potential matters of litigation.
Respectfully Submitted,