Chairman Miller announced that an executive session had been held at 6:30 p.m. on February 11, 2002, prior to the regular meeting, to discuss potential litigation/real estate matters pertaining to Wetherill Estates Subdivision.

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, Township Solicitor Allan Greenwood, Code Enforcement Officer Robert Wideman and William Handy, court reporter.

Conditional Use Hearing:

The second conditional use hearing to consider the application of Thomas G. Drauschak Jr. was called to order at 7:32 p.m.  The purpose of the hearing was to take formal action on the application of a conditional use permitted under Sections 1704B.1 and 1704B.2 of the West Vincent Township Zoning Ordinance to construct a driveway in precautionary and prohibitive slopes on his 5.359 acre property (Tax Parcel #25-4-35) located on Sheeder Mill Road in the RC Zoning District.

Stuart Cohen, Esquire, representing Mr. Drauschak, submitted the following exhibits into the record:

• A-7            "Wetland Identification and Delineation" for Tom Drauschak Jr. Driveway Permit Plan, dated January 28, 2002
• A-8            Revised Plan entitled, "Driveway Permit Plan for Tom Drauschak Jr." dated January 28, 2002

Testimony was given by Adam J. Brower, engineer with E.B. Walsh & Associates, Inc. regarding the wetland boundaries and stormwater management; in summary, the limit of grading and erosion and sedimentation controls do not encroach wetlands and the revised plan complies with Township zoning regulations.

Upon completion of testimony, Code Enforcement Officer Robert Wideman questioned the wetlands margin addressed in Section 2305B. of the Zoning Ordinance, which states, "…the wetlands margin shall extend fifty (50) feet from a delineated wetlands boundary, the limit of any hydric soils, or the distance delineated in Section 2307, whichever is greater.  No more than twenty percent (20%) of such areas shall be altered, regraded, filled, or built upon."  Mr. Brower submitted into the record Exhibit A-9, a plan marking the 50’ buffer beyond the delineated wetlands boundary.  The buffer area includes a total acreage of 1.31 acres; .07 acres or 5.3% of  the wetlands margin is impacted.  The driveway will be located using proper planning and engineering practices per Section 1704B. of the Zoning Ordinance.

Mr. Wideman also questioned how Section 2307 of the Zoning Ordinance pertaining to "Stream Buffers" applies to the proposed plan.  The stream buffer of fifty (50) feet plus four (4) feet for each 1% slope would extend beyond the wetland margin, due to the surrounding steep slopes.  Since springs and seeps have been located on the tract, not streams (defined as moving bodies of water with defined embankments and streambed) Mr. Brower concluded that Section 2307 does not apply to the application.  Mrs. Perkins asked Mr. Brower, "If Section 2307 does apply, how would it impact the plan".  If Section 2307 were applicable, the driveway would be moved east, which necessitates the removal of additional trees and increased grading.  Mr. Wideman stated that he agrees with Mr. Brower that the current driveway orientation has the least impact upon the site.

Mrs. Perkins and Party Johanna Dill requested additional information pertaining to the building envelope and springhouse location.  A memorandum to the Board dated January 16, 2002 from Party Edward A. Lodge was submitted into the record as Exhibit L-1; Solicitor Greenwood submitted into the record Board Exhibit B-10, a memorandum from Robert Wideman dated February 11, 2002.  

Exhibits A-7 through A-9, L-1, and B-10 were admitted into evidence and since there was no further testimony or questions, the evidentiary portion of the record was closed.

Mr. Brower will send copies of Exhibits A-7 and A-8 to parties to the proceedings.

Party Peter Benton requested that the Board consider two conditions proposed during the January 14^th hearing - no construction prior to approval of dwelling location or building envelope and notification of neighbors upon receipt of building permit application and issuance of permit.  The applicant intends to complete the proposed driveway prior to locating the dwelling.

The Board will render a Decision within 45 days of the hearing and is expected to render the Decision at their regular Board meeting to be held Monday, February 25 at 7:30 p.m. at the Township Building.  The hearing was adjourned at 8:05 p.m.

Public Hearing:

A public hearing regarding an ordinance that would authorize West Vincent Township to enter into an Intergovernmental Cooperation Planning Agreement for the Phoenixville region was called to order at 8:07 p.m.  The hearing had been duly advertised as shown by proof of publication.  Ms. Quinn reviewed the background of the multi-municipal planning group consisting of the Borough of Phoenixville, and Townships of Charlestown, East Pikeland, East Vincent, Schuylkill, and West Vincent.  Manager Heist indicated that the Intergovernmental Cooperative Planning Agreement provides for the preparation of a Multi-municipal Comprehensive Plan.  The Ordinance incorporates by reference the Intergovernmental Cooperation Planning Agreement; Planning Solicitor Fronefield Crawford reviewed the agreement and comments were made pertaining to Article IX.  Chairman Miller requested clarification pertaining to Article IV - membership and Article VIII - costs, which are estimated to be $5,000 per municipality.  The hearing was adjourned at 8:25 p.m.

Continuation of Regular Meeting:

The regular meeting was called to order at 8:26 p.m.

A motion was made by Mrs. Perkins to adopt Ordinance No. 115-2002, an 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 and which incorporates by reference the Intergovernmental Cooperation Planning Agreement as amended by comments from Planning Solicitor Fronefield Crawford as follows:

Article IX - paragraph two:  "Each municipality may accept all, part or none of the recommendations provided for in this joint planning agreement, and any plan, recommendation or ordinance.  The parties acknowledge that multimunicipal implementation of the recommendations shall require that the participating municipalities enter into an Implementation Agreement as set forth at 53 P.S.§ 11104 of the Municipalities Planning Code."

The motion was seconded by Ms. Quinn and carried unanimously.

Minutes:

Unanimous approval was granted for minutes of January 7, 14, 21, and 28 upon a motion from Mrs. Perkins and second from Ms. Quinn.

Reports:

Treasurer’s Report:  The following January 31, 2002 account balances were reported:  General Fund, $168,595.88; State Fund, $22,387.88; Kimberton Sewer Fund, $27,178.09; Township Building Loan Fund, $601,488.49; Open Space Capital Reserve Fund, $19,835.11; St. Stephens Greene Sewer Fund, $26,641.72; and St. Stephens Greene Water Fund, $22,225.59.

Solicitor’s Report:  Solicitor Greenwood reported working on the Declaration of Restrictive Covenants for the Dunning Subdivision and reviewed and found satisfactory the agreement with Guardian Inspection Services, Inc.  The Board adopted Ordinance 113-2002 on January 14, 2002 and approved in form the agreement; since the two exhibits were not attached to and made part of the agreement, the document was not signed.  A motion was made by Mrs. Perkins, seconded by Ms. Quinn to countersign the form of agreement, which includes Exhibits A and B, with Guardian Inspection Services, Inc., 2277 Route 33, Suite No. 408, Hamilton Square, NJ  08690; the motion carried unanimously.

Kimberton Fire Company Annual Report:  The Kimberton Fire Company hired its first full-time employee who works Monday through Friday (7 a.m. - 4 p.m.) and is backed up by four part-time employees who cover on vacation and sick days.  The report indicates the Fire Company responded to 49 calls in West Vincent Township, which reflects a 96% increase.

Correspondence:

Correspondence was received from Karen Fraley and Jake Scott requesting exemption from the Township’s herbicide spraying at the corner of Kimberton and Flint Roads; the Board will notify the Road Crew to avoid spraying along the Fraley/Scott property.

Correspondence was received from Joyce and Martin Blumenthal voicing support for the outdoor burning ban during the drought period; residents will be notified when the temporary county-wide ban is lifted.

The Department of the Auditor General has conducted an audit of the Liquid Fuels Tax Fund for two years ended December 31, 2000 and found the financial statements in balance and in compliance with laws and regulations over financial reporting.

Chairman Miller read a letter received February 5, 2002 from Township Secretary/Treasurer Linda Cleaver advising of her resignation effective March 8, 2002.  Mrs. Perkins moved to regretfully accept the resignation of Linda Cleaver; the motion was seconded by Ms. Quinn and carried unanimously.

Subdivisions/Land Development/Zoning:

Unanimous approval was granted for Stonecroft Escrow Release No. 5 as certified by the Township Engineer in the amount of $59,125.50 upon a motion from Mrs. Perkins and second from Ms. Quinn.

Timberlake Townes, William Burke, Esquire, Earl Cooke, and Alex Baggio were present to discuss the offer of dedication of public improvements at Wetherill Estates.  A walkthrough was performed for the dedication of the roads and storm drainage inside the road right of way.  One punchlist item remains - a 15’ x 8’ section of road is breaking up in front of 20 Oneida Court.  The Developer plans to cut a 20’ x 12’ section to dirt level, repair, and repave to correct the problem; the work is proposed to be completed Tuesday, February 12^th.  The same area had previously been repaired in March of 2001.  Mr. Townes indicated that other incomplete items were maintenance issues.  Solicitor Greenwood and Mr. Burke will continue discussions related to the offer of dedication and an update will be presented at the Board meeting scheduled for February 25, 2002.

Correspondence was received from the Twin Hills Homeowners Association requesting party status in the Toll Brothers subdivision plan application.  Manager Heist will draft a response letter advising of the meeting dates pertaining to the subdivision application, which are open to the public; entry of appearance as a party is not applicable to the subdivision process.

Notice was received from Zoning Hearing Board Solicitor Patrick O’Donnell that the Zoning Hearing Board will meet Wednesday, February 13, 2002 at 7:00 p.m. to consider the continued application of Toll Brothers, Inc. and Orleans Homebuilders, Inc. for special exceptions pertaining to Sections 1704C.5 and 1609B.1 of the Township Zoning Ordinance.  Mr. Wideman indicated he will be attending the hearing and address the evidence presented during the conditional use hearing.

Old Business:

Susan Carey, Caruolo Associates, Inc. submitted a rate and fee schedule for transportation engineering and planning services; Manager Heist will prepare a comparison of rates with Gannett Fleming, Inc.

Correspondence was received from the Chester County Agricultural Land Preservation Board advising that Kenneth Miller and Fred Uebelhoer have applied for the Northern Chester County Agricultural Conservation Easement Challenge Grant Program.  The municipal certification of funding for participation has been extended to May 31, 2002; ranking of farms for the program will occur after the May deadline.

Morgan Hurst, estimator for C. Raymond Davis, indicated that he is waiting for the Township Building site plan from Castle Valley Consultants, Inc.; the marked-up building plans and narrative will be submitted to the Township within a couple days of receipt of the site plan.

Chester County Court of Common Pleas upheld the West Vincent Township Zoning Hearing Board Decision pertaining to the Pitcher application.

New Business:

Coventry Soccer Association sent a letter expressing thanks for the use of the Township Park for their travel program last season; Larry Schickram will coordinate with GEYA for use of the facility this spring and fall.

As requested by Kimberton Fire Company, the Board reviewed a draft resolution recognizing the authority of the fire companies serving the Township to seek reimbursement from those who have benefited from fire and rescue responses, hazardous materials abatement, environmental incidents, and other emergency incidents.  Solicitor Greenwood will review the resolution; the Fire Chiefs will be invited to attend a Board meeting to discuss the resolution and possible fee schedule.

A motion was made by Ms. Quinn to enter into an amended employment agreement between West Vincent Township and Allen G. Heist.  Section 3(a) of the Employment Agreement has been amended to read:  "The Manager’s annual salary shall be $57,625.00 per year.  Subsequent increases shall be determined by the Board of Supervisors."  All other provisions of the Agreement remain unchanged and in full force and effect.  The motion was seconded by Mrs. Perkins and carried unanimously.

Mrs. Perkins moved to adopt Resolution No. 5-2002 setting 2002 compensation for Allen G. Heist, Township Manager, in the amount of $57,625.00 in accordance with the Employment Agreement dated January 7, 2002 as amended February 11, 2002.  The motion was seconded by Ms. Quinn and carried unanimously.

A motion was made by Mrs. Perkins, seconded by Ms. Quinn, to increase Code Enforcement Officer Robert Wideman’s salary $5,000 from the current level ($47,403.20/year to $52,403.20/year); the motion carried unanimously.

Mrs. Perkins moved to adopt Resolution No. 6-2002 authorizing $125,000 be moved from the account containing money borrowed for the future purchase of a township building (Township Building Fund) to the general fund provided that the money be returned within six months on or before July 1, 2002.  The motion was seconded by Ms. Quinn and carried unanimously.  It was noted that the Township would save approximately $5,000 if it were able to avoid a tax anticipation loan.

Regarding her appointment as Board liaison to the Environmental Advisory Council, Mrs. Perkins indicated that the EAC’s meeting time change to the first Wednesday of each month at 5:00 p.m. creates a conflict due to a prior meeting commitment.  Mrs. Perkins and Ms. Quinn will attend the EAC meetings when available; Mrs. Perkins will review the minutes and receive meeting updates from the Township Manager.  

Bills List:

Mrs. Perkins made a motion to pay the bills on the Bills List dated February 11, 2002; the motion was seconded by Ms. Quinn and carried unanimously.

There being no further business, Ms. Quinn moved that the meeting be adjourned; the motion was seconded by Mrs. Perkins and the meeting adjourned at 9:30 p.m.