WEST VINCENT TOWNSHIP
BOARD OF SUPERVISORS
MINUTES -- JANUARY 14, 2002
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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 7:30 p.m.; others in attendance were Supervisors Zoë Perkins and Clare Quinn, Township Manager Allen Heist, Code Enforcement Officer Robert Wideman, Township Solicitor Allan Greenwood and Mark Hegarty, court reporter. Conditional Use Hearing: A conditional use hearing for Thomas G. Drauschak Jr. was called to order at 7:32 p.m. The hearing had been duly advertised as shown by the proof of publication and notice had been given to all property owners within 500’ of the Drauschak property. The applicant desires to construct an existing driveway in precautionary and prohibitive slopes under Sections 1704B.1 and 1704B.2 of the West Vincent Township Zoning Ordinance on his 5.359 acre property (Tax Parcel #25-4-35) located on Sheeder Mill Road in the RC Zoning District.
Solicitor Greenwood mentioned that printed copies of the "Conditional Use Application Hearing Procedure" were available and submitted the following Board exhibits into the record:
Solicitor Greenwood invited anyone present to enter an appearance as party to the proceedings and Entry of Appearance forms were filed by:
The Board confirmed party status for Mr. and Mrs. Lodge, Mr. Benton, and Mrs. Dill.
Stuart Cohen, Esquire, representing Mr. Drauschak submitted the following exhibits for the record:
Testimony was given by Adam J. Brower, engineer with E.B. Walsh & Associates, Inc., including a general description of the lot - mature woodlands, north to south slope, majority of the property is within the prohibitive slope district, a spring and seeps are traveling south on the western portion of the tract, existing spring house with well pump, and existing driveway bed - and review of the proposed driveway plan to access the northern area of the site. Erosion and sedimentation controls proposed include an erosion control blanket on the graded 2:1 slope embankment areas, stone placed on the driveway following grading, stone retaining wall (approximately 58’ long and not higher than 4’), stone trench on the uphill side of the driveway, and the installation of super silt fence to prevent sediment from leaving the site. Mr. Brower also noted that tree removal would be limited to areas necessary within the limits of disturbance for grading; the site has been approved for a drip irrigation sewer system; the proposed driveway and grading does not encroach on wetlands; the driveway maintains a 4% grade for 20’ at the Sheeder Mill Road access point; and that the proposed driveway plan does not adversely impact health, safety, and welfare and meets all Zoning Ordinance requirements.
Upon completion of testimony, Manager Heist asked questions seeking clarification of the evidence presented pertaining to the property deed. The 1997 deed has merged two adjacent parcels (both owned by Mr. Drauschak) describing metes and bounds for a 10.176 acre parcel; however, two tax parcel numbers are noted on the deed and the County issues separate tax bills. Mr. Cohen advised that the conditional use application pertains specifically to Tax Parcel #25-4-35 as shown on the plan.
Parties Ed Lodge and Peter Benton requested additional information pertaining to the following: delineation of wetlands (the applicant will provide wetland delineation and a narrative report based on field investigation), setback requirements (10’ side setback with approximately 90’ x 100’ buildable area; Mr. Wideman advised it is very likely the house and components will fit into this area), building envelope, and location of proposed buildings, structures, and septic system.
The applicant intends to complete the proposed driveway prior to locating the dwelling. The Board was asked to consider two possible conditions to the Decision - "no construction prior to approval of dwelling location or building envelope" and "neighbors to be notified regarding receipt of building permit application and issuance of permit".
Mr. Cohen presented his second witness, Ken Frame, the excavator for the project. Mr. Frame testified as to his previous driveway construction experience within precautionary and prohibitive slopes in West Vincent Township and reviewed the proposed construction sequence and erosion and sedimentation control measures. There were no questions for the witness.
Following a five-minute break at 9:00 p.m., Exhibits A-1 through A-6 were admitted into evidence; copies of the exhibits will be sent to the parties. The wetland delineation and narrative report will be submitted to the Township in approximately two weeks. The hearing in connection with the application of Thomas G. Drauschak Jr. was continued to Monday, February 11, 2002 at 7:30 p.m. at the West Vincent Township Building. The hearing was adjourned at 9:25 p.m.
Continuation of Regular Meeting: The regular meeting was called to order at 9:26 p.m.
Bid Award: Flowing Springs Road Bridge Repair Bids received at the December 26, 2001 meeting were reviewed and evaluated by Bridge Engineers Klein and Hoffman, Inc.; the A. J. Jurich, Inc. bid was found to be the lowest responsible bid and the Engineer recommended the Township accept the bid as submitted. The bid proposal was broken down into three line items:
Marilee Ward asked the Board to consider using native stone instead of rip-rap; Manager Heist will check on the cost differential. Mrs. Perkins suggested asking the contractor to access the site via Hollow Road to limit stress on the mill raceway; Manager Heist will contact the contractor. Solicitor Greenwood is researching the rights and obligations of the Township and property owners concerning the mill raceway.
Manager Heist indicated that Collinson Inc. has submitted an alternate layout for guide rail installation and recommended awarding the guide rail replacement and structural steel painting at a later date.
A motion was made by Mrs. Perkins, seconded by Ms. Quinn, to award Line Item #1, abutment repairs and streambed restoration of the Flowing Springs Road Bridge Repairs bid proposal to A. J. Jurich, Inc. in the amount of $76,800; the motion carried unanimously. Mrs. Gaffer questioned the length of time expected until project completion.
Minutes: Unanimous approval was granted for minutes of December 3, 5 (Conditional Use), 10, 17 and 26 with a motion from Mrs. Perkins and second from Ms. Quinn.
Reports: Treasurer’s Report - The following December 31, 2001 account balances were reported: General Fund, $47,894.62; State Fund, $41,873.83; Kimberton Sewer Fund, $26,445.14; Township Building Loan Fund, $725,455.88; Open Space Capital Reserve Fund, $19,805.28; St. Stephens Greene Sewer Fund, $25,868.58; and St. Stephens Greene Water Fund, $22,637.42.
Police Report - Police Chief Michael Swininger reported that the Police Department responded to 21 calls in December and State Police responded to an additional 45 calls. The Department arrested one subject in the parking lot of Sunoco for disorderly conduct and public drunkenness; investigated a letter containing a white powder substance sent to a homeowner on Cooks Glen Road (substance was tested and determined not to be anthrax); investigated a cell phone theft from a residence on Flowing Springs Road (phone recovered and subject arrested); also, the Officers attended a firearms safety refresher and completed range qualifications for handgun and shotgun.
Solicitor’s Report - Solicitor Greenwood reported working on the Declaration of Restrictive Covenants for Weatherstone and the Dunning Subdivision.
Correspondence: Notification was received from PA Department of Transportation advising of future road widening projects including Pughtown Road (Route 23 to French Creek Road) and Route 401 (Route 100 west to Route 345) and future resurfacing projects including Route 100 from Park Road to Prizer Road.
Correspondence was received from Carol Siana, 1109 Bartlett Lane, regarding the driving conditions on Bartlett Lane and request for road maintenance; Manager Heist and Mr. Miller will draft a letter responding to Mrs. Siana’s concerns.
Emergency Management Coordinator David Monteith advised the Board that the next Limerick Drill is scheduled for Tuesday, May 7, 2002.
The West Vincent Township Board of Auditors held their organization meeting on Tuesday, January 8, 2002. Mrs. Veronica Monteith was elected Chairman and Mrs. LuAnn McCoy was elected Secretary for the 2002 calendar year. Compensation for Township Supervisor’s work, vehicles, and equipment on Township roads and business was fixed as follows: Roadmaster’s salary, $14,700.00; when employed as superintendent, $16.00/hr.; when employed as laborer, $15.00/hr.; use of car or truck, 34.5 cents per mile; and use of chainsaw, $9.00/hr. The auditors will meet on a weekly basis beginning Tuesday, January 15th.
Subdivision/Land Development/Zoning: A motion was made by Ms. Quinn to acknowledge receipt of a subdivision review extension agreement to February 25, 2002 for the Toll Brothers, Inc./Orleans Homebuilders, Inc. (Ewing Tract) minor subdivision preliminary plan; the motion was seconded by Mrs. Perkins and carried unanimously.
Mrs. Perkins moved to acknowledge receipt of a subdivision review extension agreement to February 25, 2002 for the Toll Brothers, Inc./Orleans Homebuilders, Inc. (Ewing Tract) major subdivision preliminary plan; the motion was seconded by Ms. Quinn and carried unanimously.
The Board unanimously acknowledged receipt of a land development plan from Pete Tummillo and Sons Inc. for 1024 Pottstown Pike (Tax Parcel #25-6-63) upon a motion from Mrs. Perkins and second from Ms. Quinn. Mr. Tummillo plans to convert the existing residence into two offices.
Unanimous approval was granted for Stonecroft Escrow Release No. 4 in the amount of $113,851.89 upon a motion from Mrs. Perkins and second from Ms. Quinn.
A proposal for fencing to be installed around the Woodstone Development lagoon was received from Pikeland Construction, Inc. In response to safety concerns expressed by Miller Road resident Ted Fallon, this proposal, which replaces the agricultural fencing noted in the approved subdivision plan, consists of 1½" x 4" vinyl coated wire fabric fence with 4" diameter pressure treated wood post using an 8’ spacing between posts and is a voluntary change by the Applicant. Upon review, Code Enforcement Officer Robert Wideman suggested using a 6’ spacing between posts with a top rail for better support. A motion was made by Ms. Quinn to approve the proposal submitted by Pikeland Construction, Inc. as revised per Mr. Wideman’s suggestion; the motion was seconded by Mrs. Perkins and carried unanimously.
Stephen and Deborah Reichert have requested that the Board reduce setback requirements for their barn located at 1350 Shady Lane per Section 2220C. of the Township Zoning Ordinance. "The adjacent property is totally wooded (approximately 39 acres) and the natural vegetation will serve as a buffer for any "horse" smell. We are 193 feet from the existing house across the street on Hilltop Road and we are only seven feet shy of the required 200’ setback. The neighbors don’t have any concerns about our barn at all." Mrs. Perkins moved to reduce setback requirements to 193’ with respect to the location of Stephen and Deborah Reichert’s barn since the neighbors have no concerns; the motion was seconded by Ms. Quinn and carried unanimously. Jane Gaffer questioned the visual intrusion of the two to three horse trailers on the property; Mr. Wideman indicated that the Township has not received any complaints.
The Zoning Hearing scheduled for Wednesday, January 16, 2002 to consider the application of Lisa and Edward Quinn has been postponed.
Correspondence was received requesting that the Toll Brothers, Inc./Orleans Homebuilders, Inc. Zoning Hearing scheduled for Wednesday, January 9, 2002 be postponed to another date to resolve certain matters with respect to the Conditional Use application pending in front of the Board of Supervisors.
Old Business: A motion was made by Mr. Miller, seconded by Ms. Quinn, to appoint Karl Brachwitz as member of the Zoning Hearing Board; the motion carried with Miller and Quinn voting in favor, Perkins opposed.
The Board reviewed Ordinance 113-2002, as advertised in The Daily Local News on December 28, 2001, adopting the current edition and future editions of the NFPA National Electrical Code; establishing minimum regulations governing the design, installation, connection, renewal, extension, removal and reception of electric wiring and apparatus; providing for issuance of permits and collection of fees; inspections; and prescribing penalties for violation. A motion was made by Mrs. Perkins, seconded by Ms. Quinn, to adopted Ordinance No. 113-2002 in the form as submitted to the Board of Supervisors this evening; the motion carried unanimously.
In response to Berkheimer Associate’s suggestion to revise the Township’s Earned Income Tax Ordinance by increasing the tax on non-residents and residents to one percent, Solicitor Greenwood submitted reasons in support of the increased tax and arguments in favor of maintaining the current ordinance. The Board expressed no interest in revising the current ordinance.
Mrs. Perkins moved to adopt Resolution 4-2002, establishing a fee schedule for use in conjunction with the Township Building Code, Plumbing Code, Zoning Ordinance, Subdivision and Land Development Ordinance and other services rendered by the Township in the form submitted to the Board of Supervisors this evening; the motion was seconded by Ms. Quinn and carried unanimously.
A draft resolution authorizing the fire companies serving the Township to recover the reasonable costs of fire fighting materials and hazardous abatement equipment and materials involved in any hazardous material incident, environmental incident, or fire and rescue incident or operation, including vehicular accidents was tabled until Manager Heist and the Board have an opportunity to review recently received comments from Solicitor Greenwood and Ludwigs Corner Fire Company.
Solicitor Greenwood has reviewed the proposed contract from the Township Accountant McBride Shopa & Company and will negotiate with the firm to finalize the agreement for accounting services.
Mrs. Perkins reported that the West Vincent Land Trust has accepted three easements of almost 100 acres - Williams/Shick/Stone, Perkins, and Fraley/Scott - which were formally signed and filed with the County in late December; three additional easements are pending.
The 80th Annual State Convention of the Pennsylvania State Association of Township Supervisors will be held April 14-27, 2002 at the Hershey Lodge and Convention Center.
A unanimous motion was made by Mrs. Perkins, seconded by Ms. Quinn to approve a BOCA membership renewal for Building Inspector Byron Law; the membership fee is $25.00.
Mrs. Perkins moved to implement a community water and sewer plant master key requirement for systems within West Vincent Township; the motion was seconded by Ms. Quinn and carried unanimously.
Bills List: Mrs. Perkins made a motion to pay the bills on the Bills List dated January 14, 2002; the motion was seconded by Ms. Quinn and carried unanimously.
There being no further business, Mrs. Perkins moved the meeting be adjourned; the motion was seconded by Ms. Quinn and the meeting adjourned at 11:07 p.m.
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