|
The regular meeting of the West Vincent Township Board of Supervisors was held on the above date at the Township Building. Vice Chairman Karl Brachwitz called the meeting to order at 7:35 p.m.; others in attendance were Supervisor Zoë Perkins, Township Manager Allen Heist, Township Solicitor Allan Greenwood and William Handy, court reporter. Chairman Miller called to say he would be arriving late. Correspondence: Curt Weldon’s Chester County Mobile Office schedule was received; West Vincent Township will host the outreach office on April 23rd, April 25th, and July 2nd.
Subdivisions/Land Development/Zoning: John Bachich, Woodstone Development, has requested the Board to consider his providing a fee of $2,000 payable to the Township in lieu of a Fiscal Impact Study as required by Section 403 of the Subdivision and Land Development Ordinance. The Township Planning Commission recommended that the Board reject the fee in lieu of offer and require completion of the Fiscal Impact Study; the issue was deferred.
Solicitor Greenwood has reviewed the Operation and Maintenance Agreement for the Woodstone Development sewage system. Upon completion of changes and satisfactory review of the amended document by Mr. Greenwood and Manager Heist, DEP will be notified that the form of the agreement is acceptable to the Township.
Chairman Miller arrived at 7:42 p.m.
Conditional Use Hearing: Chairman Miller called the second conditional use hearing for Woodstone Development Co., Inc. to order at 7:43 p.m. The purpose of the hearing was to take formal action on the conditional use application of Woodstone Development Co., Inc. based upon the record established during the conditional use hearing held January 15, 2001. The following revisions to the draft Decision were recommended by Solicitor Greenwood:
Mrs. Perkins commented on Laymen’s lack of involvement during the hearing procedure considering that their acceptance of the terms and conditions of the Decision is required. Assurance has been given by Woodstone Development that the adjoining landowner is in agreement.
A motion was made by Mr. Brachwitz to grant conditional use approval to Woodstone Development Co., Inc. in accordance with the Decision dated February 26, 2001 as amended per Solicitor Greenwood’s recommendations and subject to the Applicant’s and Laymen’s compliance with sixteen conditions per the attached document; the motion was seconded by Mrs. Perkins and carried unanimously. The hearing was adjourned at 7:52 p.m.
Continuation of Regular Meeting: The regular meeting was called to order at 7:53 p.m. Due to the large number of residents present to discuss the Kimberton Sewer Construction Loan Program and no objection from the audience, this matter of old business was moved to the top of the agenda. Notification was sent to the residents of the Kimberton Village District advising that the Board is considering imposing liens on each property still participating in the loan program. Consideration to take this action was prompted by recent inquiries regarding loan payment upon transfer or sale of affected properties and confusion between whether the seller or buyer is responsible for this loan obligation. It is possible that the lack of formal procedures may result in uncollected fees, which will need to be passed on to the participants. The following summarizes the comments, questions and concerns voiced by Sherry Knight, John Dougherty, Chris Jones, Tom Grealey, Kathy Brennan, Charlie Pierson, and Gary Miller:
· Allan Greenwood will research who will be the responsible parties for defaulted loan payments in the event liens are not placed or prior to the placement of liens, i.e. those still participating in the loan program or the entire Kimberton Village District and review documentation pertaining to the loan program. · Liens will be placed on the sixteen properties still owing loan payments. · Possible impacts upon the property owners for borrowing money – a lien on the property may reduce that portion of the equity a property owner can borrow, however, this would be based on individual loan agency policy. · Property liens would serve as a protective measure for the property owners and the Township. · Legal fees and lien filing costs would be absorbed by the Township. · The agreement will be reviewed and the Valley Forge Sewer Authority put on notice regarding future Kimberton Village District property hook-ups to confirm the loan program with the Township. · No objections were raised by those present concerning the placement of liens on each property still participating in the loan program. A motion was made by Mrs. Perkins, seconded by Mr. Brachwitz, to authorize Solicitor Greenwood to proceed with property liens; the motion carried unanimously. Subdivisions/Land Development/Zoning: Solicitor Greenwood updated the Board on the Horseshoe Farms stormwater easement and roadway dedication; all but one signature has been secured on the easement agreement and the bank’s attorney has been requested to apply for title insurance. Richard Sudall and Jack Loew, Southdown Properties, Inc., were present to request dedication of the Wetherill Estates water system and public improvements. Outstanding issues were reviewed – roadway to the water plant, auxiliary well connection, maintenance bond for the water system - revised legal descriptions to accompany the Deed of Dedication were submitted to Castle Valley Consultants, and the Maintenance Bond for Dedication in the amount of $146,455 was ordered. Mr. Sudall reported that two items remain undone on the punchlist status report dated February 18, 2001 – removal of silt fence and adjusting the grade of manhole #1 – and both items will be completed in the Spring. When questioned regarding the installation of pavers in the emergency spillway, Mr. Sudall advised the requirement was waived in lieu of installation of sod. In conclusion, a memo dated July 14, 2000 requesting additional information on the storm drain system will be forwarded to Mr. Sudall, the revised legal descriptions will be reviewed by the Township Engineer, the punchlist will be verified by the Township Engineer and the paver issue resolved, and Solicitor Greenwood will review the records, agreements and other documents pertaining to the auxiliary well connection and 15% maintenance bond for the water system and contact Southdown’s solicitor. Southdown Properties, Inc. granted a waiver of the timing requirements as designated in Section 510 of the Municipalities Planning Code when subdivision improvements are offered to the Township by the developer. Messrs. Miller and Brachwitz agreed with Southdown Properties, Inc. that the roadway accessing the water plant would be relocated per the approved subdivision plans. Solicitor Greenwood summarized the outstanding issues as follows:
· Verification of the punchlist · Relocation of the roadway into the water plant · Auxiliary well connection · 15% maintenance bond · Issue of whether the Township is obligated to accept dedication of less than 100% completion of improvements. Proposals were received from Pipe Services Corporation, Mobile Dredging & Pumping Co., and JMT Environmental Technologies to remove approximately 92 cubic yards of filter sand from two filter beds in the St. Stephens Greene Sewer Plant. Based upon recommendation from Code Enforcement Officer Robert Wideman, Mr. Brachwitz moved to accept the proposal from Pipe Services Corporation, West Chester, in the amount of $1,260.00 per day, not to exceed four days without further approval from the Board of Supervisors. The motion was seconded by Mrs. Perkins and carried unanimously. This expenditure was included in the St. Stephens Greene budget. The Board unanimously acknowledged receipt of a conditional use application from Richard Harrington, 1758 Saw Mill Road, upon a motion from Mr. Brachwitz and second from Mrs. Perkins; the hearing will be held Monday, April 9, 2001. The applicant desires to construct a driveway within precautionary slopes under Section 1704B.1.a of the Township Zoning Ordinance. An application to the Zoning Hearing Board was received from Dale and Sylvia Fleck, 1954 St. Matthews Road, requesting a variance from Section 602 of the Township Zoning Ordinance to continue his use of the storage garage in support of his paving and excavating business. The hearing will be held Monday, March 19, 2001 at 7:00 p.m. An application to the Zoning Hearing Board was received from Daniel and Craig Hannafin, 2144 Flowing Springs Road, requesting a special exception pursuant to Section 2603B of the Township Zoning Ordinance and a variance from Section 603C.&D. of the Township Zoning Ordinance to construct a three-bay garage; a hearing date has not been set. Chairman Miller questioned the status of the Cynthia Clark Zoning Hearing application; Manager Heist indicated that the hearing had been continued indefinitely and the Zoning Hearing Board planned to visit the site within the next week or two. Old Business: A motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to adopt Resolution No. 8-2001, establishing a fee schedule for use in conjunction with the Township Building Code, Grading Control Ordinance, Plumbing Code, Subdivision and Land Development Ordinance, Zoning Ordinance, and other services rendered by the Township; the motion carried unanimously. The West Vincent Township Disaster Operations Plan revisions (Travel Authorization Letter) were distributed for review; the issue was deferred. The Board reviewed two correspondence drafts - 1). To PennDOT pertaining to their proposed road widening and resurfacing program (Birchrun and Flowing Springs Roads are not scheduled to be widened as originally reported; Chester Springs Road is to be widened) and 2). To adjacent property owners concerning the possible replacement of the stone arch bridge on Flowing Springs Road; Manager Heist was authorized to send both letters. A unanimous motion was made by Mr. Brachwitz, seconded by Mrs. Perkins, to correct an error in a line item of the adopted 2001 Budget by adjusting the Highway Construction line item to reflect a budgeted amount of $45,805.00, which will maintain a balanced budget. New Business: Notice was received from Nancy Mokrejs advising the Board that March 24, 2001 would be her last day to provide cleaning service of the Township Building; the Board expressed their appreciation for her dedicated and proficient service. Chief Jones will provide information on two possible candidates. Bills List: Mrs. Perkins made a motion to pay the bills on the Bills List dated February 26, 2001; it was seconded by Mr. Brachwitz and carried unanimously. There being no further business, Mr. Brachwitz moved the meeting be adjourned; the motion was seconded by Mr. Miller and the meeting adjourned at 9:32 p.m. Respectfully Submitted,
|