EAST BRANDYWINE TOWNSHIP BOARD OF SUPERVISORS WORK SESSION Those in Attendance: Kyle P. Scribner, Chairman Jay G. Fischer, Esquire, Vice-Chairman Jason R. Winters, Member (8:34A.M. Arrival) Scott T. Piersol, Township Manager Luke Reven, Assistant Township Manager Mark Kocsi, Chief of Police Matthew VanLew, Roadmaster Kristin S. Camp, Esquire, Township Solicitor Mary Kemble Slade, Secretary/Treasurer The East Brandywine Township Board of Supervisors meeting of Thursday,, was called to order by Chairman Scribner at 8:00 A.M. at the East Brandywine Township Municipal Complex. Opening of Meeting Chairman Scribner announced that this morning s meeting is being audio and video recorded. Chairman Scribner turned the meeting over to Solicitor Camp. Public Hearing: Authorizing the Township to Enter into an Intergovernmental Cooperation Agreement for Participation in the Delaware Valley Health Trust Solicitor Camp announced that this is a public hearing to consider and possibly adopt an Ordinance to authorize the Township to enter into an Intergovernmental Cooperation Agreement for participation in the Delaware Valley Health Trust. She advised that since it is an intergovernmental cooperation, the Intergovernmental Cooperation Law requires the agreement to be authorized by Ordinance. Therefore, an advertisement was placed in the Daily Local News on October 24, 2018 and copies of the proposed ordinance were sent to both the Chester County Law Library and the Daily Local News. Vice-Chairman Fischer made a motion to adopt Ordinance 04-2018 as presented. Chairman Scribner seconded the motion, with all members voting Aye. Motion passed 2-0. Public Comment on Non-Agenda Items Chairman Scribner reminded those in attendance of Resolution 2001-08, Rules for Conduct at Public Meetings, stating The times allocated to each individual making comments shall be three minutes, unless otherwise set by the presiding officer. Additional public comment may be granted by the presiding officer at the conclusion of the meeting. Chairman Scribner asked if there were comments on non-agenda items.
Page 2 Mr. George Sherbak, 300 S. Caldwell Circle, and Budget Committee Secretary, provided comments relative to the Strategic Plan discussed at the last meeting. He expressed his disappointment with the adverse questions and comments some audience members voiced regarding the cost and results of the study. He felt it was an effort to embarrass Board members, noting his understanding that Vice-Chairman Fischer did not vote in favor of the study. Mr. Scherbak believes there is value in the results of the study and suggested that the recommendations made will assist the Board in making positive and effective changes in the future. He opined that the most significant change in recent years has been the hiring of the Assistant Manager. Mr. Scherbak noted his support for the implementation of performance appraisals and merit raises for employees rather than across the board increases. In reviewing past expenditures, he noted concerns to include charges to an incorrect line item by category, prior years debit card use and associated service charges, current year credit card use, fuel usage reporting, and expenses related to kitchen supplies and memorial donations. In closing, Mr. Sherbak reiterated his support for the study recommendations such as a Director of Finance, new financial software, and updated policies and performance appraisals. Mr. Sherbak thanked the Board for their time. Vice-Chairman Fischer responded to Mr. Scherbak s comment regarding his vote on the study, clarifying that he was not opposed to performing a strategic plan; rather he was opposed to the hiring of a particular firm outside of an RFP process. He also noted that the hiring of an Assistant Manager several years ago was necessary due to the growth of the Township. Vice-Chairman Fischer thanked Mr. Scherbak for his feedback regarding expenditures and agreed that it is important to identify, categorize and track all funds. Pollution Reduction Plan MS4 Update Ms. Beth Uhler of Cedarville Engineering Group provided a presentation on the Township s accomplishments relating to the NPDES MS4 Permit Stormwater Program over the past year. This presentation included a review of the Minimum Control Measure activities, the status of the Pollutant Reduction Plan ( PRP ), and what to anticipate from the MS4 permit in the coming years. Ms. Uhler stated that the updated PRP has been resubmitted to the Pennsylvania Department of Environmental Protection (DEP), and a response from DEP is still pending. This PRP has two projects included that are intended to reduce sediment pollution to Culbertson Run/Unnamed tributaries to Beaver Creek by 10 percent over a 5-year period. These projects are: the Hawthorne Drive Stormwater Improvements Project located within the Culbertson Run development, and the Culbertson Run Stream Restoration Project located within the Estates at Hideaway Farms development. The Hawthorne Drive Stormwater Improvements Project is anticipated to go to construction in the spring of 2019. The Culbertson Run Stream Restoration Project is currently in preliminary planning stages. Coordination has been established with the Estates at Hideaway Farms Homeowners Association, since the project is located on HOAowned property, and the U.S. Army Corps of Engineers because the project area lies within a Conservation Easement. A stream restoration feasibility study should be conducted once the PRP is approved by DEP. Ms. Uhler indicated the Township should expect to update the current stormwater management ordinance in accordance with the new NPDES permit requirements by 2022. In addition, there is new emphasis on the permit requirement for the Township to ensure the operations and
Page 3 maintenance of stormwater best management practices (BMPs) installed as part of developments or re-developments with greater than one acre of earth disturbance approved after March 10, 2003. Chairman Scribner inquired why the Township is paying for PADEP required inspection. Solicitor Camp indicated that the Township is responsible for all drainage into their MS4 and noted that most older basins have no legal mechanism that allows the Township to go and inspect these facilities and recoup the inspection costs. She noted the new ordinance will be sufficient to allow for the Township to recover the costs from the property owner. Vice-Chairman Fischer expressed his concern that the DEP may expand their regulatory reach as the program continues. Supervisor Winters joined the meeting. Minutes: Board of Supervisors Joint Meeting with West Brandywine Township October 16, 2018 Chairman Scribner noted the October 16, 2018 minutes were offered for consideration. Vice- Chairman Fischer made a motion to approve the minutes as presented. Supervisor Winters seconded the motion, with all members voting Aye. Motion passed 3-0. Minutes: Board of Supervisors October 18, 2018 Chairman Scribner noted the October 18, 2018 minutes were offered for consideration. Vice- Chairman Fischer made a motion to approve the minutes as presented. Supervisor Winters seconded the motion, with all members voting Aye. Motion passed 3-0. Old Business Bondsville Mill Committee Presentation Mr. Hud Voltz, Vice-Chairman of the Committee, was present to provide an update to the Board on plans for Bondsville Mill Park and to introduce Mr. David Culp, local horticulturalist. Mr. Voltz thanked the Board for their funding in full for the 2018 year and noted that he, along with Chairman Jim Buczala, will continue to write grants in an effort to obtain funding for improvements to the Park. Mr. Voltz introduced Mr. David Culp, a 27-year resident of the Township who absolutely loves the Mill. Mr. Culp stated he is looking forward to giving the Township a beautiful garden that is sustainable, economically sound, and with no pesticides. He presented a preliminary vision of what he believes would be an impressive walkable garden for the Mill. He noted that his vision includes this being a regional draw and a hub of horticultural and artistic endeavors. The garden would include 99% native plants and trees, would be low maintenance with one cut per year, and would have a wide array of ornamental sumacs. Chairman Scribner questioned if the parking areas shown on the sketch, totaling approximately 96 spaces, would be adequate. Mr. Culp stated his hope that the parking area would not increase; rather, the use of shuttle buses from the Township building parking lot or the fire company parking lot would allow for the gardens to be
Page 4 as envisioned. Chairman Scribner questioned who would oversee policies and fees for events held at this park. Mr. Voltz noted it is probable that the Township would either form a committee to manage the functions at the Mill or it would simply fall under the jurisdiction of Parks and Recreation Board. Ms. Sandy Moser, Committee member, stated that Upper Uwchlan Township formed a committee to oversee their parks and related policies, and ideas may be shared. Chairman Scribner applauded the idea. Supervisor Winters asked about the timeline for planting. Mr. Kulp advised that the next steps are to test the soil, which requires the concrete pad currently used for heavy machinery to be removed for the testing. Once structures A and C are stabilized, the plantings would be installed, which Mr. Culp estimated to be in approximately one year. Vice-Chairman Fischer thanked Mr. Culp and praised his vision. He reminded the audience that the Township acquired this property a number of years ago due to development pressure and he is thankful of the progress being made. New Business 2019 Draft Preliminary Budget Assistant Manager Reven presented a draft of the 2019 preliminary budget. He noted that the Second Class Township Code requires a preliminary budget be prepared in advance of adoption by the Board. He noted that this version is a first draft of the preliminary budget. Assistant Manager Reven stated that the municipal contribution to the fire department should reflect an amount of approximately $216,000, and that he will make this substitution prior to the next budget committee meeting. He advised that the version before the Board is a simple line item budget breaking down expenses and revenues by category for the General Fund, Capital Reserve Fund, State Fund and developer contribution Open Space Fund. New this year are detailed forms for individual line items, providing a breakdown and memorialization of what the line item is used for. He indicated that no action is required by the Board this morning. Assistant Manager Reven asked the Board what type of formal presentation, if any, they would prefer at the upcoming meeting. Vice-Chairman Fischer and Chairman Scribner agreed that a long presentation is not necessary. Assistant Manager Reven noted there are still some personnel decisions that need to be made to finalize the budget, and that he utilized a conservative estimate for the health insurance costs since the Township has not yet received an official cost proposal from DVIT given the transition. Vice-Chairman Fischer made mention of the new format showing the 2018 budget versus the 2019 proposed budget comparison. Assistant Manager Reven pointed out that the Budget Committee has increased from a three-member group to a seven-member group, improving the process with suggestions such as this. Solicitor Camp noted the goal is to have the final preliminary budget ready to seek the Board s permission to advertise at the Regular Meeting in November, with adoption in December as required by Code. Assistant Manager Reven concurred, and asked that any recommendations suggested by the Board be forwarded prior to the next meeting. Chairman Scribner asked that all changes made over the last couple of weeks be highlighted for ease of review. There were no further questions.
Page 5 Contract Amendment for Provision and Delivery of Construction Materials for the Stabilization of Historic Structures at Bondsville Mill Park and Nature Trails Assistant Manager Reven stated that the lumber supplies were bid in the Spring for stabilization of historic structures at Bondsville Mill Park, primarily for Building C. The Committee would like to purchase additional materials from the contracted supplier on the existing contract. Assistant Manager Reven noted that there are budget monies for the additional materials and requested the Board approve an amendment to the contract for this purpose. Vice-Chairman Fischer made a motion to approve contract amendment as presented. Supervisor Winters seconded the motion, with all members voting Aye. Motion passed 3-0. Pulte/E. Brandywine Route 322 and Bollinger Road Traffic Improvements HOPs Solicitor Camp advised that Pulte is required to perform improvements to the Bollinger Road/US322 intersection. They have designed these improvements and some are permitted, but the stormwater management system on US322 has not been permitted. PennDOT requires the Township to be a co-permittee on the Highway Occupancy Permit (HOP). Solicitor Camp noted that typically in situations like this, the Township would enter into an agreement with the developer for the developer to provide for any costs associated with this system in the future. In this case, Solicitor Camp indicated that Pulte does not control the land, as it has been conveyed to the HOA. Therefore, the request of Pulte is for the Township to be the co-permittee and also be responsible for the associated costs in perpetuity. Chairman Scribner stated his opinion that Pulte should be solely responsible. Vice-Chairman Fischer asked if costs can be estimated and a fund established by Pulte for future costs. Solicitor Camp asked Roadmaster VanLew if he had any idea of the estimated maintenance costs, and he indicated that due to a variety of factors it would have to be carefully reviewed and considered. Vice-Chairman Fischer suggested he would be willing to accept this approach if a cost agreement can be reached, and Chairman Scribner added that the Township should not be on the hook for a state problem and Pulte s responsibility. After some discussion, Solicitor Camp suggested that she and staff members have a conversation with Pennoni to review costs and prepare an estimate for consideration. Vice- Chairman Fischer suggested staff ask Pulte for their cost estimates to build and maintain these particular improvements. This item was tabled and will be discussed further at a future meeting. Subdivision & Zoning Applications There were no items for consideration. Ordinances & Resolutions for Consideration Zoning Ordinance Amendment MU District Signs and Accessory Dwellings Manager Piersol noted that the Ordinance Task Force has been working on multiple amendments and this one was simply overlooked for processing. In summary, this amendment would allow for larger signs for larger stores and allow for accessory structures to be accessory dwellings.
Page 6 Manager Piersol requested permission to send this amendment to the Chester County Planning Commission for Act 247 review. Vice-Chairman Fischer made a motion to approve submitting the ordinance to Chester County Planning Commission for the Act 247 review. Supervisor Winters seconded the motion, with all members voting Aye. Motion passed 3-0. Public Comment Chairman Scribner asked if there were any public comments from the audience on agenda items. There were none. NOTICES There were none. Adjournment Vice-Chairman Fischer made a motion to adjourn the public meeting at 9:32 A.M. Chairman Scribner seconded the motion, with all members voting Aye. Motion passed 3-0. Respectfully submitted, Mary Kemble Slade Secretary/Treasurer