EAST BRANDYWINE TOWNSHIP BOARD OF SUPERVISORS REGULAR SESSION Wednesday, January 17, 2018

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1 Those in Attendance: EAST BRANDYWINE TOWNSHIP BOARD OF SUPERVISORS REGULAR SESSION Wednesday, Kyle Scribner, Chairman Jay Fischer, Vice-Chairman Jason Winters, Member Thomas Oeste, Township Solicitor Scott T. Piersol, Township Manager Luke D. Reven, Assistant Township Manager Mark Kocsi, Chief of Police Matthew VanLew, Roadmaster Jennifer M. Guy, Court Reporter The meeting of Wednesday, was called to order at 7:30 p.m. at the East Brandywine Township Municipal Complex. Also in attendance were 22 visitors. Opening of Meeting Chairman Scribner opened the meeting with a Salute to the Flag. It was announced that this evening s meeting is being recorded. Public Comment on Non-Agenda Items Chairman Scribner asked if there were comments on non-agenda items. Don Sweeney of 3701 East Fisherville Road expressed concern about the closing of the bridge on East Fisherville Road at Bondsville Road. He was concerned that if a tree would fall or there would be a medical emergency, it would be difficult for emergency responders to get to the people in that area. Chairman Scribner said the bridge was Caln Township s, but that they could reach out to Caln Township and share the concern. Mr. Piersol said he, Mr. VanLew, and Mr. Reven met with Caln Township personnel who said they would take responsibility for demolishing the bridge, but left it up to East Brandywine to plan some sort of turnaround there. Mr. Piersol also said he heard that one of the Caln Commissioners, Josh Young, wanted to discuss some sort of mutual project where it might be possible to restore the bridge for smaller vehicular traffic. Mr. Piersol suggested that Mr. Sweeney attend a Caln Township Board of Commissioners meeting and Chairman Scribner suggested he might also contact Senator Dinniman also.

2 Paul Prince, counsel for Brandywine Village Associates, came forward saying he had questions for the Board concerning ongoing litigation. His first question was whether the Township was in favor with the Commonwealth court litigation. Mr. Fischer responded that Mr. Larkin, the attorney handling the matter for the Township, submitted a response indicating that the Township was willing to participate in mediation, but felt that mediation between BVA, L&R, and the Township would not be fruitful unless Carlino was also involved in it. Mr. Prince responded that there were only two parties involved in the Commonwealth Court action, and that s who should mediate, so wanted to know if the Township would agree to two-party mediation. Chairman Scribner explained that there was a new member of the Board and new counsel, and that everyone was trying to get caught up. Mr. Prince then said there was a deadline for filing a brief, and asked if the Township would consent to a continuance of that deadline. Mr. Oeste advised the Board not to answer the question, and said that the Board needed an opportunity to meet with Mr. Larkin before taking any action. Mr. Prince then asked why the Township filed a supplemental brief in the antitrust action. Chairman Scribner said Mr. Prince would have to speak with Mr. Larkin about it. Mr. Prince opined that the brief was aggressive and hostile and seemed inconsistent with the Board s comments at the previous meeting. Mr. Prince then asked for a copy of the developer s agreement that was issued at the December 20 th meeting. Mr. Fischer noted that it was just a draft and had not been finalized yet. Mr. Fischer then asked Mr. Prince if he was willing to engage in settlement negotiations with the Carlino Group. Mr. Prince said he was, but Ms. Tobin asked for a proposal, which he did not believe to be negotiations. He said nonetheless, he did send a proposal but never got a counterproposal. Mr. Fischer said he understood the history, but hopes that everyone can put history aside and start fresh. Mr. Scribner said he was willing to spend whatever time needed to sit down with both Carlino and BVA to try to get the issue resolved. Approval of the Board of Supervisors Minutes of December 20, 2017 Mr. Fischer made a motion to approve the minutes as presented. Chairman Scribner seconded, with all voting Aye. Approval of the Board of Supervisors Minutes of January 2, 2018 Mr. Fischer made a motion to approve the minutes as presented. Mr. Scribner said on page 2 he moved to reappoint Luke Reven as Assistant Township Manager. He wanted to strike the word appoint and have the minutes reflect reappoint until there was a new contract. Mr. Scribner then seconded, with all voting Aye.

3 Approval of the Planning Commission Minutes of December 6, 2017 Mr. Fischer made a motion to approve the minutes as presented. Chairman Scribner seconded, with all voting Aye. Treasurer s Report Mr. Reven read the account balances as of January 17, After reviewing the financial reports, Mr. Fischer made a motion to approve the Treasurer s Report and authorize payment of the bills. Mr. Scribner then seconded, with all voting Aye. Township Manager s Report The Board of Supervisors agreed to change the date for their public meetings from the third Wednesday of each month to the third Thursday of each month beginning with the February 15th meeting. This change was requested by our Township Solicitor to allow her to attend the public meetings. The Ordinance Task Force meeting will change from the fourth Wednesday to the third Wednesday of each month other than the November meeting, which will be scheduled for November 14 th to avoid the Thanksgiving holiday. These meetings are being re-advertised by the Buckley Nagle Brion Morris & Sumner firm. Through Open Space funds, the Township was able to purchase approximately a.66 acre parcel from David Perme and Leslie Winters. The final cost of this purchase, including settlement costs, was $20, The parcel will be used to create a formal walking trail that connects Ferndale Lane, in the Hopewell subdivision and Phase II of the Community Park. Settlement occurred on Friday, January the 5th. The next step will be to create an engineered plan for the walking trail connection with the park, and finally, secure the funding to bid the construction of the trail, which will be approximately 700 feet in length. Mr. Piersol attended a preconstruction meeting on January the 8th for the removal of the Downing Ridge Dam on Creek Road. The removal of this low-head dam, along with the installation of approximately 3,000 linear feet of stream bank restoration upstream of the dam, is part of the Route 322 road improvements that are currently under way in Concord, Bethel, and Upper Chichester Townships in Delaware County. This project will offset the disturbance of wetlands proposed by PennDOT's Delco project. There may be times when traffic delays will occur at Creek Road site due to equipment and material deliveries, but traffic control personnel will be on site during normal work hours, which are 9:00 a.m. to 3:00 p.m. Although the project is located in three townships, most or all of what is going on in East Brandywine would be the stream bank restoration. The project is expected to take approximately three months to complete.

4 The Township will be hosting another Red Cross Blood Drive on Tuesday, February 6th from 2:00 p.m. to 7:00 p.m. in McCausland Hall. Mr. Piersol asked that residents please consider making an appointment at redcross.org and enter the passcode "EBrandywine" to register for the event. Winter is typically a time when blood needs are high, so donations are always needed. Assistant Township Manager s Report Mr. Reven had no report to present. Building Inspector s Report Mr. Piersol read the Building Inspector/Zoning Officer s Report for the month of December 2017 as submitted by Mrs. Norann King. There were 20 building permits issued, no zoning permits issued, 18 use and occupancy permits issued. There were 118 inspections completed with 20 failed inspections during the month. The total fees collected were $25, Roadmaster s Report Dan Malloy Paving completed the 2017 paving project on November 30th. This project included the overlay to Zynn Road from Hadfield Road to Caln Meetinghouse, Lenora Lane, Newlin Drive, Caln Meetinghouse Road, and Red Maple Drive. The total project cost was $375, The double yellow center lines have not been painted due to the cold weather since the project was completed. This will be scheduled in the spring. Last week the Township received quotes for a new 39,000 GVW dump truck and a 410L John Deere backhoe. These would replace a 1998 GMC dump truck and a G backhoe. The new dump truck would be a 2019 Freightliner model M2-106 with a 350 horsepower Cummins engine and an Allison transmission. The chassis will be purchased from Berman Freightliner in Leesport for $77, The plow and dump bed will be supplied by E.M. Kutz of Morgantown. This includes a Duraclass stainless steel body and a Gledhill 11-inch plow for $56,780. The total cost for the dump truck will be $134,541.66, which is $5,757 less than the truck purchased three years ago with the same equipment. The purchase would be through COSTARS, which eliminates the bidding process for the Township. Delivery could be expected in September of this year. The quote for the L John Deere backhoe is from Plasterer Equipment in Lebanon. The total cost with discounts is $101,442. Plasterer has given the option of trading in the 310G for $24,000 bringing the total cost to $76,900. This would also be purchased through COSTARS. Both of these pieces of equipment were approved in the township budget. Mr. VanLew respectfully requested permission to purchase the 2019 Freightliner for $134, and the L John Deere backhoe for $76,900 with the trade in of our existing backhoe.

5 To date the Township has not received a proposal from Slouch Lighting for converting the Metal Halide parking lot lighting to LED. Mr. VanLew hopes to have a report on this next month. Mr. Fischer made the motion to approve the purchases. Mr. Winters noted that he needed more information on perhaps buying used equipment or other ways to save the Township money. Mr. Scribner asked Mr. VanLew to look for other COSTARS vendors to try to lower the cost and said that the motion would be tabled to the morning work session in two weeks. East Brandywine Township Police Chief s Report for December 2017 and Yearly Report for 2017 Chief Kocsi read the Police Chief s report for December 2017 and the yearly report for Monthly Statistics: 2017 Recorded incidents: 1,547 24,786 Investigations completed 187 2,169 Criminal arrests 5 48 Summary arrests 4 45 Juvenile petitions 0 2 Accidents investigated Traffic citations issued 39 1,901 Warnings issued Vacation house check Patrol miles logged 8, ,118 Chief Kocsi said that the victim in a very serious home invasion and robbery in 2017 came to visit during the holidays, and he wanted to update the Board that she was fully recovered, doing great, and was back to work. Fire Company s Activity Report for December 2017 The following is a summary of the December 2017 Fire Company Report as read by Mr. Piersol. There were 23 fire incidents and 45 EMS incidents. In East Brandywine Township, there were 6 fire incidents and 9 EMS incidents. In West Brandywine Township there were 9 fire incidents and 34 EMS incidents. In Upper Uwchlan Township, there was 1 fire incident and no EMS incidents. During the month, the Fire Company also provided assistance in Caln Township, the City of Coatesville, Honey Brook, Wallace, West Bradford, West Caln, and West Nantmeal Townships. There were 3 trainings this period with an average of 17 personnel at each training.

6 Appointment of Mary Slade as Secretary/Treasurer Mr. Fischer made a motion to appoint Mary Slade as Secretary/Treasurer for Mr. Winters seconded the motion, with all voting Aye. Matters Tabled from Reorganization Meeting The Board continued to table the appointment of Jay G. Fischer, Samuel R. Matthews, and L. William Kay to the Agricultural Security Area Advisory Committee. The Board continued to table the reappointment of David Summers to an additional term on the East Brandywine Township Municipal Authority. Mr. Fischer made a motion to appoint Chief Mark Kocsi, Lt. Gene Babetski, Sgt. James Ferraro, Sgt. Jeff Yankanich, Chairman Kyle Scribner, Vice-Chair Jay Fischer, and Jason Winters as members of the Uniformed Pension Committee. Mr. Winters seconded the motion, with all voting Aye. Mr. Fischer made a motion to appoint Chairman Kyle Scribner, Vice-Chair Jay Fischer, Jason Winters, and Scott Piersol as members of the Non-Uniformed Pension Committee. Mr. Scribner seconded the motion, with all voting Aye. DelGrande Zoning Hearing The East Brandywine Township Zoning Hearing Board will meet on Tuesday, February 6, 2018 at 7:30 p.m. to consider the application of Nicholas DelGrande. The Applicant is requesting a variance from Section D of the Zoning Ordinance to construct an accessory structure in excess of 12 feet by 16 feet to be less than 15 feet from the property line. The property is located at 13 Lammey Way and is in the R-2 District. Mr. DelGrande attended the meeting to discuss the application and said he was accompanied by his neighbor, Dave Whelihan, who was in support of the application, and a letter of support from the homeowners association. There were no questions. and Mr. Fischer made a motion to support the application for the variance. Mr. Scribner seconded the motion, with all members voting with Aye. Planebrook Partners Land Development Plan Chairman Scribner submitted a memorandum recusing himself from voting in this matter due to the fact that he was residing in the existing dwelling of the subject plan and has an oral agreement to purchase lot 1 of the property if approved. Mr. Fischer said he discussed with Kristin Camp the fact that he is the attorney for the Gindin estate, but she advised that under the Ethics Act, there was no prohibition to him voting in the matter.

7 Vic Kelly of Commonwealth Engineers and Scott Risbon from Planebrook Partners attended the meeting to discuss the plan for the subdivision of 321 Zynn Road. Mr. Kelly said the property is a little over nine acres and they re proposing two lots for construction and a parcel to the south to be conveyed to the Walti family. Mr. Kelly noted that they were before the Planning Commission on January 3, 2018 and received recommendation to the Board of Supervisors for preliminary plan approval as long as the Applicant complies with the December 29, 2017 Pennoni letter. Mr. Kelly indicated they could comply with the conditions in the Pennoni letter. Mr. Fischer made a motion to give preliminary plan approval subject to the conditions of the December 29, 2017 Pennoni letter. Mr. Scribner seconded the motion, with all members voting with Aye. Executive Session The Board of Supervisors will meet in Executive Session immediately following this meeting to discuss personnel matters with Chief Kocsi. Adjournment Mr. Fischer made a motion to adjourn the public meeting at 8:44 p.m. Chairman Scribner seconded the motion, with all members voting with Aye. Respectfully submitted, Jennifer M. Guy