West Vincent Township - Meeting Minutes

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 7:35 p.m.; others in attendance were Supervisors Karl Brachwitz and Zoë Perkins, Township Manager Allen Heist, and Township Solicitor Allan Greenwood.

Conditional Use Hearing:

The purpose of the hearing was to take formal action on the conditional use application of Dr. James W. Trolier based upon the record established during the conditional use hearing held November 26, 2001. The applicant desires to construct a driveway, cuts and fills, on-site sewage disposal system, and stormwater management facilities within steep slopes on his property (Tax Parcel #25-4-240) located at 16 Hunt Hill Road in the RC Zoning District.

Discussion ensued regarding Condition 6, pertaining to the permanent stabilization of the 2:1 slope area along the outer edge of the existing fill pile, in particular adding language to achieve substantial stabilization within a reasonable period of time and enforcement power in the event of non-compliance. Mr. Miller indicated his satisfaction with Condition 6 as drafted.

A motion was made by Mr. Brachwitz to add a "next to the last" sentence to Condition 6 as follows: "The landowner shall be required to proceed with diligence to achieve slope stabilization." and to grant conditional use approval to Dr. James W. Trolier in accordance with the Decision dated December 10, 2001, subject to the Applicant's compliance with seven conditions per the attached document. The motion was seconded by Mrs. Perkins and carried with Brachwitz and Perkins voting in favor and Miller opposed.

Continuation of Regular Meeting:

The regular meeting was called to order at 7:55 p.m.

Minutes:

Unanimous approval was granted for minutes of November 5, 12, 19 (Administrative), 19 (Conditional Use), and 26 with a motion from Mr. Brachwitz and second from Mrs. Perkins.

Reports:

Police Report - Police Chief Michael Swininger reported that the Police Department responded to 39 calls in November; the State Police handled an additional 43 calls. The Department responded to a daytime burglary in the 1600 block of Sheeder Mill Road; investigated the theft of a Trac Vac Leaf Loader from 1013 Pottstown Pike; assisted East Vincent Police and Chester County Detectives with a pipe bomb incident; and received a commendation letter from the Theodore Burr Covered Bridge Society regarding the investigation and arrest of the driver responsible for damaging the Sheeder Hall Bridge last summer.

Solicitor's Report - Solicitor Greenwood reported working on the Cooks Glen Road litigation settlement agreement, advertising the Zoning Ordinance and Subdivision and Land Development Ordinance amendments for the December 26^th Board meeting, James W. Trolier Conditional Use Decision, dedication of Forest Glen Drive and storm sewer basin, and filing municipal claims satisfactions and a municipal claim for property owners in the Kimberton Sewer District.

Correspondence:

Correspondence was received from the Anti-Defamation League inviting the community to become involved with the League's No Place for Hate campaign.

The Board received a letter of resignation from Township Historian Susan I. Morse due to a significant increase in her teaching responsibilities and consulting commitments.

An e-mail was received from St. Stephens Greene resident Noelle Dallas who has been selected to carry the Olympic Torch through Philadelphia on Saturday, December 22"a. Congratulations, Noelle!

Subdivision/Land Development/Zoning:

Richard Guarini, The Hankin Group, submitted an executed Escrow Agreement for Remediation Work for Weatherstone Development. Castle Valley Consultants, Inc. will review final subdivision plans, with the understanding that Philadelphia Suburban Water Company's review of the water system details, PennDOT permit, and DEP Part II permit are pending. Solicitor Greenwood indicated that his review of the Homeowners Association documents would be completed within a few days; Elizabeth Witmer, Esquire will be working on the Escrow Agreement.

The Board unanimously acknowledged receipt of the Mary Seibert Preliminary/Final Subdivision Plan for two lots on the 6.4-acre Lot 14 Cotswold Estates (Wyndemere Lake Drive) upon a unanimous motion from Mr. Brachwitz and second from Mrs. Perkins.

Adoption of Resolution 18-2001, Dedication of Forest Glen Drive and Storm Sewer Basins, was tabled until the Monday, December 17, 2001 administrative meeting; Solicitor Greenwood will review the Deed of Easement and property legal descriptions prior to the meeting.

The Board authorized Code Enforcement Officer Robert Wideman, to present testimony on their behalf at the Toll Brothers, Inc./Orleans Homebuilders, Inc. Zoning Hearing pertaining to special exception issues relating to the retaining walls, Court S and Court B.

The Board unanimously acknowledged receipt of a conditional use application from Thomas G. Drauschak Jr. upon a motion from Mr. Brachwitz and second from Mrs. Perkins; the hearing will be held Monday, January 14, 2002 at 7:30 p.m. at the Township Building. The applicant desires to construct a driveway within precautionary and prohibitive slopes on Sheeder Mill Road (Tax Parcel #25-4-35) under Sections 1704.B.1 and 1704.B.2 of the Township Zoning Ordinance.

Old Business:

Flowing Springs Road resident Marilee Ward submitted an estimate of $8,000 from a stonemason to repair the Flowing Springs Road culvert; the Board has an estimate of $5,000 to replace the endwalls. Taking into consideration the imminent winter weather, awarding of the Bridge repair project in January, fiscal responsibility, safety and welfare issues, the Board decided to have the Township Road Crew move forward with removing the arch and installing plastic pipe and concrete endwalls to repair the culvert. Chairman Miller will notify Mr. and Mrs. Ward of the project start date and give them the opportunity to restore the stone endwalls of the culvert to Klein and Hoffman, Inc. (Bridge Engineer) standards at their own expense. Resident Jane Gaffer suggested taking photographs of the culvert prior to the removal of the stone arch. Mrs. Gaffer also asked if a guiderail would be installed; Manager Heist will check with the Engineer.

A review letter was received today from Castle Valley Consultants, Inc. regarding a proposed three-party agreement among West Vincent Township, Philadelphia Suburban Water Company, and Mr. and Mrs. David Decker regarding Cedar Lane and the installation of a water line to extend public water service into the Ludwigs Corner area. The agreement proposes the Township abandon approximately 1820 feet of Cedar Lane, the creation of a cul-de-sac at the end of the public section of Cedar Lane, and issuance of a permit for all of the current public right-of-way of Cedar Lane for the installation of PSWC's water main. The issue was tabled until December 17th to allow Solicitor Greenwood time to review the proposal and Castle Valley Consultants' review letter.

Board members reviewed a draft of the proposed Ordinance, which would authorize placing of the Open Space Land Acquisition and Preservation Referendum on the primary 2002 ballot for additional taxation at the rate of 49/100 of a mill per dollar of assessed value. It was suggested the Ordinance include an example of the additional taxation (i.e. a property assessed at $300,000 would pay an additional $147 in annual real estate taxes to the Township). Mrs. Perkins moved to authorize Planning Solicitor Crawford to advertise the Ordinance for public hearing and adoption on January 14, 2002. The motion was seconded by Mr. Miller and carried with Perkins and Miller voting in favor; Brachwitz abstained.

Mrs. Perkins reported that she contacted George Fasic, Chester County 2020, regarding the "Countryside Exchange" program scheduled for October 2002; Mr. Fasic is sending a detailed 'information packet to West Vincent Township and the Phoenixville Regional Planning group.

New Business:

Solicitor Greenwood advised the Board he has been working on the Walter H. Dunning Subdivision and an ordinance and agreement pertaining to the administration and enforcement of the Electrical Code; if completed to Mr. Greenwood's satisfaction, these issues may be included on the Monday, December 17, 2001 administrative meeting agenda.

Board members reviewed a draft ordinance authorizing West Vincent Township to enter into an Intergovernmental Cooperation Planning Agreement for the Phoenixville Region, which provides for joint and cooperative planning by members of the region and the preparation of a joint comprehensive plan. It was noted that the Ordinance refers to an Agreement, which may be revised as other regional members review the agreement. Mr. Miller made a motion to advertise the Ordinance for adoption on January 14, 2002. The motion was seconded by Mrs. Perkins and carried with Miller and Perkins voting in favor; Brachwitz opposed.

Castle Valley Consultants, Inc. 2002 Engineering Service Contract was tabled until the January 7, 2002 Reorganization Meeting.

Manager Heist will contact Robert Yarnall, Kimbertal Kennel, regarding Animal Control Services in 2002.

Bills List:

Mrs. Perkins made a motion to pay the bills on the Bills List dated December 10, 2001; it was seconded by Mr. Brachwitz and carried unanimously.

An executive session will be held immediately following the regular meeting to discuss personnel matters.

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 9:35 p.m.

Respectfully Submitted,