West Vincent Township
Board of Supervisors Meeting
June 23, 2008 7:30 PM
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Attendance: Chairman Kenneth Miller, Vice Chairperson Zoë Perkins , Barry DiLibero, Township Manager Jim Wendelgass, Allan Greenwood of Siana, Bellwoar & McAndrew, LLP Township Solicitor, Kenneth Yerger, P.E. representative of Township Engineer, Carroll Engineering, Zoning Officer Sandra Cantrell-Edwards and Township Secretary Tammy Swavely.
Chairman Miller called the meeting to order at 7:35 PM.
The minutes of April 28, 2008 and May 5, 2008 were unanimously approved as amended on a motion by Perkins and a second by DiLibero.
Reports:
Township Building: No report.
Township Manager Report: The Township Manager Report for the week ending 6/21/08 was acknowledged as submitted. Wendelgass added that there are two (2) Zoning Hearings this week on 6/24/08. The first one is for John Smirga & Associates to construct a pool at 1675 Hollow Road and patio within 100’ of the stream buffer line. The second Applicant is Maria Holderness who is appealing the Zoning Officer’s Decision that the property at 932 Jaine Lane regarding a non-conforming use. The Matthews Meadows Settlement with the HOA is scheduled for June 27, 2008.
Road Master Report: Kenneth Miller gave his report for the last three (3) weeks in June ending 6/20/08 which was acknowledged as received.
Active Subdivision List: An Extension Request was received from John Bachich, Woodstone Homes. Perkins made the motion to accept the extension request until 9/23/08 for the Burch Subdivision. This motion was seconded by DiLibero which carried unanimously. An Extension Request was received from Alyson Zarro, Esquire, representing Toll Bros. requesting an extension to the preliminary plan approval for the Toll/Ewing tract in West Vincent Township. Perkins made the motion to accept the one (1) year extension request for the Eagle Farms Subdivision of the Toll/Ewing parcel as requested in their June 2020, 2008 letter. DiLibero seconded the motion which carried unanimously. An Extension Request was received from Alyson Zarro for the Phase II portion of the Eagle Farms Subdivision, which is the Orleans portion. Perkins made the motion to accept the extension request until 10/27/08 for the Orleans portion which is Phase II of the Eagle Farms Subdivision as requested in their June 23, 2008 letter. DiLibero seconded the motion which carried unanimously.
Bills List: The Bills List was reviewed. Perkins made the motion to approve the Bills List dated 6/20/08 in the total amount $50,249.96. DiLibero seconded the motion and it carried unanimously.
Correspondence:
A letter was received from Robert and Angela Lakatos, 1 Red Fox Lane, Tax Parcel 25-6-3.1 dated 6/17/08 requesting speed bumps be installed on Nantmeal Road as traffic control. Township Engineer stated that there are alternatives that are better than speed bumps. This area is dark and would be dangerous to install speed control devices in such a short span of roadway. Miller stated that he does not see an advantage to speed bumps. Wendelgass will ask Police Chief Swininger to take a look at the issue of speed on this section of road and he will also inform Mr. & Mrs. Lakatos that we are looking into their request.
A letter was received from Mark Saracino, Malvern, PA dated 6/18/08 asking West Vincent to have a 4th of July Parade in Birchrunville in 2009. This parade was cancelled last year. This is not a Township sponsored parade. Wendelgass will inform Saracino of this.
An e-mail was received from Kit Trollier, 16 Hunt Hill Road, Tax Parcel 25-4-240 requesting to reserve the gazebo at the Township Park. Perkins made the motion that the Trolliers be permitted to use the gazebo on July 27, 2008 from 1:00 PM -6:00 PM informing her that there will not be electricity and that there will not be tables provided. DiLibero seconded the motion which carried unanimously.
Subdivision/Land Development:
Oxford Rise: An Escrow Release Request was previously forwarded to the Township Engineer for review for road improvements, and a recommendation for approval has been received from Carroll Engineering. Perkins made the motion to approve Certificate of Completion No. 2 for Nantmeal Road improvements in the total amount of $9,675.54 as recommended by Carroll Engineering for completed work. DiLibero seconded the motion which carried unanimously. An Escrow Release Request was received from Oxford Properties for the Waste Water Treatment Plant. Perkins made the motion to forward this to the Township Engineer for review. DiLibero seconded the motion which carried unanimously.
Weyl: Ron Agulnick, Esquire representing the Applicant came before the Board of Supervisors with the engineer, D’Andrea requesting Preliminary Plan Approval for the Weyl Subdivision. This is a three (3) lot subdivision on 7.58 acres along French Creek Road and School House Lane. D’Andrea stated that all the Conditional Use requirements are noted on the plan. Agulnick stated that his client is willing to Deed restrict the property, however D’Andrea stated that they would prefer the option to do a lot line change with a neighboring property should the occasion rise. This would still restrict building lots. Perkins read the Preliminary Plan Decision and made the motion that the Board of Supervisors approve the Preliminary Plan of the Weyl Subdivision which includes four (4) pages of Findings of Fact and six (6) pages in the Decision. Agulnick questioned the Penn DOT permit requirement since this is not a state road. The words in Section 4: Penn DOT Highway Occupancy Permit was changed to read Township Driveway Permit. Agulnick asked if improving School House Lane meant widening it. Miller informed him that it did not mean widening, but to improve any deficient areas and put a wearing course on top of the roadway in front of the subdivision. DiLibero seconded the motion which carried unanimously.
Old Business:
A 2008 Road Repair, Equipment and Labor Bid packet has been prepared so the Township may repair roads in West Vincent Township. DiLibero questioned the specificity of the bid. He felt being so specific would hinder bidders from bidding and felt it limited the bidding. Miller stated that the bid, while it does specify certain models as a reference, the bid also states that equipment or their equivalent would be accepted on the top of the bid form. A discussion on using the term “equivalent” verses or “better” ensued. Yerger stated that “equivalent” means “equal or better” with regards to bids. Miller also stated that if a piece of equipment is considered better, it may not meet the specs needed to do the job. Perkins made the motion that the Board authorize the Township Manager advertise for the 2008 Road Repair, Equipment and Labor Bid. DiLibero seconded the motion which carried unanimously.
A Cease and Desist Order has been sent to Michael and Dawn Wozniak, 976 Pottstown Pike, Tax Parcel 25-6-69 since he does not comply with the conditions to his Decision from his previous Conditional Use he agreed to in October 2006. Zoning Officer Cantrell-Edwards wants to move forward with another letter. There are no new requirements being requested of the Wozniaks. The Board asked Township Engineer Ken Yerger to review the previous Conditional Use in 1998 so that it can be determined what needs to be done as a result of this violation.
Ken Yerger, P.E. representative of Township Engineer Carroll Engineering was present to discuss two (2) inspections he was asked to perform on properties regarding drainage issues on Black Horse Road by the Board. The first property was Larry and Jody Dinnell, 452 Black Horse Road, Tax Parcel 25-7-18.1. After assessing the property and noting all the conditions present, he suggested that there be a series of inlets installed by the Township and a larger cross pipe, all within the road right-of-way. This would help to keep roadway overflows to a minimum and confine the discharge of water to one (1) location. This would not be effective unless the homeowner would continue the piping from that point on to direct the water to an existing swale. Miller stated that he had thought about the inlets, but in absence of the improvements by the homeowner, it would not work. Perkins pointed out that water is going on their property no matter what. Yerger stated out that it is the goal to keep it confined to one location. Perkins stated that the Dinnells wanted the Township to take care of the problem. Yerger informed her that would set a precedent of going out of the roadway and would be a bad idea. Wendelgass will inform the Dinnells of the engineers report. The other property was Maureen Tedesco, 542 Black Horse Road, Tax Parcel 25-7-18.3. This homeowner has concerns with stormwater runoff from the roadway into her lawn. The road crew installed several inlets and storm sewer piping within the street and it drains from the road to a point down hill from the area of concern of the Tedescos. Yerger stated that these pipes are working as they should be. Yerger also stated that a flow of water was leaving the lawn via a hand dug ditch and was indicative of a spring. If the homeowner would install piping past the septic area this should take care of the problem. Wendelgass will write a letter to inform her of the Township Engineer’s suggestions.
New Business:
A Cease and Desist Order was sent to Keith and Tina Grant, 960 Pottstown Pike, Tax Parcel 25-6-71 for violation of the Conditional Use Decision issued on 1/8/97. This Order results from selling used vehicles and equipment and from erecting three (3) signs without permits.
An Agreement has been prepared entitled Mutual Release and Settlement Agreement regarding payment of fees to the Township by Michelle Thomas for the Thomas Lot Line Change. Thomas has signed this Agreement earlier today. DiLibero made the motion that the Mutual Release and Settlement Agreement between West Vincent Township, Michelle Thomas and Hillside Sanctuary Trust be approved in the form as presented by the Township Solicitor and as attached to this Motion, with the Board of Supervisors being authorized to execute this Agreement and to take any and all actions necessary to effectuate the same. This motion was seconded by Perkins which carried unanimously.
Greenwood asked the Board if there was any consensus on part of the Board of Supervisors with regard to the Zoning Hearing Application of Maria Holderness. Greenwood stated there were three options: have representation for the Board at the Hearing, do nothing at all, or issue a statement. The Board elected not to issue a statement.
Business from the floor:
Sara Shick, Representative to the Chester County Northern Federation for West Vincent Township, reported that Charles Jacobs, Chairman of the Committee, has sent a Final Draft Proposal for the Regional Park and Recreation Plan. If there are any comments or recommendations, they are to be directed to them by their next meeting on July 18th. Shick stated that this will be discussed at the next Planning Commission Workshop on July 10th if the any member of the Board would like to offer information to share.
Kip Archinal, 919 Fellowship Road, Tax Parcel 25-7-29.1 wanted to know if there was any way the 4th of July Parade in Birchrunville could be started up again. The Board informed her that although it wasn’t a Township sponsored parade, the parade size had gotten too large over the years to be safe. Emergency access was not provided and there is no parking for the event. It used to be a small neighborhood parade, but it has grown too large. There were a few meetings last year when a committee formed of Birchrunville residents tried to figure out a way to have a safe parade. It was thought to have a small one early in the morning to keep the college students away, but there was no feasible solution. To make this an official Township Parade, a permit would be required from the State. Police Chief Swininger stated that to have the appropriate number of Police Officers for the amount of people present would be 20 which would have to be pulled from local municipalities.
DiLibero questioned where the Township is with regards to Arthur Ewell, 972 Fellowship Road, Tax Parcel 25-7-31 and the ditch he would like to fill on his property. Ewell will need a permit from the Chester County Conservation District since he is so close to the creek. This is not Township regulated but the Township does receive reports when things are being done. As of yet the Township has not heard from the County. Jim will contact Jordan Perry of the CCCD to see what the status is.
DiLibero stated that since Wendelgass was out last week, a lot of people didn’t know what to do. He said that the Audit Report suggested cross training. Wendelgass stated that the Audit Report dealt with financial issues and the staff has been trained in these matters. Swavely informed DiLibero that if anything came up that needed immediate attention she would have contacted the Board. Perkins informed him that the Board makes the decisions when the Manager is not available.
Miller announced that there would be an Executive Session immediately following the regular meeting to discuss possible litigation.
Meeting adjourned 9:15 PM
Respectfully Submitted,
Tammy Swavely
Township Secretary
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