Board of Supervisors 8:00 AM Those in Attendance: Jay G. Fischer, Supervisor Kyle P. Scribner, Supervisor Jason R. Winters, Supervisor Scott T. Piersol, Township Manager Luke R. Reven, Assistant Township Manager Mark Kocsi, Chief of Police Matthew T. VanLew, Roadmaster Jan C. Bednarchik, Acting Recording Secretary The Board of Supervisors met on Tuesday,, for the purpose of reorganizing and to conduct other business, as necessary. In addition to the attendees listed above, there were approximately twenty-two visitors present. Mr. Fischer called the meeting to order at 8:00 AM with a Salute to the Flag. Mr. Fischer also announced that the meeting was being video recorded. Public Comment on Non-Agenda Items Mr. Fischer asked if there were public comments on non-agenda items. There were none. Oath of Office District Justice Jeffrey Valocchi administered the Oath of Office to Jason R. Winters who began his six-year term on the Board of Supervisors. Judge Valocchi also administered the Oath of Office to Dennis M. Mulhern who will serve another four-year term as Township Tax Collector. Reorganization Mr. Winters moved to nominate Mr. Scribner as Chairman of the Board of Supervisors for 2018. Mr. Fischer Mr. Scribner moved to appoint Mr. Fischer as Vice Chairman of the Board of Supervisors for 2018. Mr. Winters Mr. Fisher moved to reappoint Scott T. Piersol as Township Manager for 2018. The motion was not seconded as Mr. Scribner announced a change in the order of the agenda to discuss the appointment of the Township Solicitor.
Page 2 Mr. Winters moved to appoint Kristen Camp of Buckley Brion McGuire & Morris LLP as Township Solicitor for 2018. Mr. Fischer voiced his objection to changing consultants such as the Township Solicitor and Township Engineer without following the protocol of issuing a Request For Proposals, culling the applications, and giving all three Board members the opportunity to participate in the interview process. Mr. Scribner stated that he and Mr. Winters, prior to his becoming Supervisor, received proposals from three Solicitor candidates and have reached an unbiased opinion based on cost and favorable recommendations. Mr. Scribner further stated that he had reached out to Mr. Fischer, who was on vacation at the time, and that time was of the essence to make decisions. Mr. Scribner seconded the motion. The motion passed by majority vote, with Mr. Fischer abstaining. At 8:15 AM, Mr. Scribner announced that the Board would enter into Executive Session for approximately ten minutes to meet with the newly appointed Solicitor to discuss personnel issues. The reorganization meeting resumed at 8:30 AM. Mr. Scribner stated that because he and Mr. Winters were not privy to negotiations on personnel contracts, appointments will be made with the understanding that discussions will be held within the month to renegotiate certain terms, excluding salary and health care benefits. Mr. Scribner moved to appoint Scott T. Piersol as Township Manager for 2018 with the understanding that discussions to renegotiate certain terms of his contract will follow, and further moved that salary, including increases per the approved 2018 budget, and health benefits will remain the same. Mr. Winters Mr. Scribner moved to appoint Luke R. Reven as Assistant Township Manager for 2018 with the understanding that discussions to renegotiate certain terms of his contract will follow, and further moved that salary, including increases per the approved 2018 budget, and health benefits will remain the same. Mr. Fischer seconded the motion, with all voting Mr. Fischer moved to reappoint Luke R. Reven as Township Recycling Coordinator for 2018. Mr. Winters Mr. Winters moved to reappoint Scott T. Piersol as the Township s Emergency Management Coordinator for 2018. Mr. Scribner seconded the motion, with all voting Mr. Scribner moved to appoint Colin Miller of the East Brandywine Township Fire Company as the Deputy Emergency Management Coordinator for 2018. Mr. Winters
Page 3 Mr. Winters moved to appoint Joe Edwards as Fire Marshal for East Brandywine Township for 2018. Mr. Scribner seconded the motion. The motion passed by majority vote, with Mr. Fischer abstaining. Mr. Fischer moved to reappoint Mark Kocsi as Chief of Police of the East Brandywine Township Police Department for 2018. Mr. Winters seconded the motion, with all voting Mr. Winters moved to appoint Luke R. Reven as interim Township Secretary/Treasurer for 2018. Mr. Fischer Mr. Fischer moved to reappoint Matthew T. VanLew as Township Roadmaster for 2018. Mr. Scribner Mr. Winters moved to appoint Luke Reven as the Township Right to Know Officer for 2018, and Lt. Gene Babetski as the Police Department Right to Know Officer and Corporal Jeffrey Yankanich as Assistant Police Department Right to Know Officer for 2018. Mr. Fischer Mr. Winters moved to reappoint Cedarville Engineering as the Commercial Building Code Official/Zoning Officer and as Assistant Zoning Officer for 2018. Mr. Scribner Mr. Fischer moved to reappoint Cedarville Engineering as Residential Building Code Official for 2018. Mr. Scribner Mr. Fischer moved to reappoint Pennoni Associates as the Township Engineer for 2018. Mr. Winters Mr. Fischer moved to appoint Cedarville Engineering to provide stormwater management engineering for 2018. Mr. Scribner Mr. Fischer moved to reappoint Inland Design as the Special Projects Engineer for 2018. Mr. Scribner Mr. Fischer moved to reappoint Heinrich and Klein as the Township s Traffic Consultant for 2018. Mr. Scribner Mr. Winters moved to appoint Pennoni Associates as the Township s Landscape Consultant for 2018. Mr. Scribner seconded the motion, which passed by majority vote with Mr. Fischer voting Nay.
Page 4 Mr. Scribner moved to appoint Cedarville Engineering as the Assistant Zoning Officer, with all the enforcement and interpretation powers of the Zoning Officer, as provided by the Municipalities Planning Code and the East Brandywine Township Zoning Ordinance, as amended. He explained that this responsibility was being given to Cedarville to give Mr. Piersol more time to concentrate on his role as Township Manager. Mr. Winters seconded the motion, which passed by majority vote, with Mr. Fischer abstaining. Mr. Fischer moved to appoint Thomas F. Oeste as Planning Commission and Zoning Hearing Board Solicitor for 2018. Citing a conflict of interest to have the same Solicitor serve both the Planning Commission and Zoning Hearing Board, Mr. Scribner indicated that the positions would be divided. Mr. Scribner moved to appoint Thomas F. Oeste of Buckley Brion McGuire & Morris LLP as the Planning Commission Solicitor for 2018. Mr. Fischer Mr. Winters moved to appoint Eric Brown of Siana Belwoar as Zoning Hearing Board Solicitor for 2018. Mr. Scribner seconded the motion, which passed by majority vote, with Mr. Fischer abstaining. Mr. Fischer moved to appoint Scott Blissman of Eckert Seams Cherin & Mellott as Labor Attorney for 2018. Mr. Scribner Mr. Fischer moved to reappoint Anthony Damiano to a new 5-year term on the Zoning Hearing Board and to reappoint Mr. Damiano as Chairman of the Zoning Hearing Board for 2018. Mr. Scribner The appointment of a Vice Chairman of the Zoning Hearing Board was deferred to a future meeting. Mr. Fischer moved to reappoint Charles Giordano and Nancy Frame to additional 4-year terms on the Planning Commission, and to reappoint Bruce Rawlings as Chairman and Ronald Fanelli as Vice Chairman of the Planning Commission for 2018. Mr. Scribner Mr. Fischer moved to reappoint himself, Kyle Scribner, Bruce Rawlings, Michael Corbin, Charles Giordano, Michael Wagoner, Ronald Fanelli, James Buczala, Nancy frame, Jonathan Wright, and Scott Piersol as members of the Ordinance Task Force, and to appoint Jason Winters as a member of the Ordinance Task Force for 2018. Mr. Scribner Mr. Fischer moved to reappoint Carol Sinex-Schmidt as an Auxiliary Member to the Historical Commission and to reappoint James Buczala as Chairman, John Black as Vice Chairman, and Sharon Buczala as Secretary of the Historical Commission for 2018, and
Page 5 to reappoint Daniel Rhodes and Robert Renken to additional 4-year terms on the Historical Commission. Mr. Scribner Mr. Fischer moved to reappoint Robert Wise as Consultant to the Township Historical Commission for 2018. Mr. Scribner Mr. Fischer moved to reappoint Sandra Lammey as Chairman, David Summers as Vice Chairman, and Susan Massimini as Secretary of the Park and Recreation Board, and to reappoint Kirk Fuhrman to a new 5-year term. Mr. Scribner recommended the motion also include the appointment of Scott E. Brown as a new member of the Park and Recreation Board. Mr. Winters Mr. Fischer moved to appoint Stacey Fuller of Gawthrop Greenwood as Special Projects Solicitor for 2018. Mr. Scribner The appointment of the Agricultural Security Area Advisory Committee was deferred to a future meeting. Mr. Fischer moved to reappoint David Summers to a new 5-year term on the Municipal Authority. Mr. Scribner stated that he has received numerous applications from potential candidates for vacancies on the Municipal Authority, Zoning Hearing Board and Planning Commission, and that, rather than have volunteers serve on multiple committees, he would like to open up vacancies to other interested residents. Mr. Scribner indicated that he would speak with Mr. Summers and recommended the appointment be deferred to a future meeting. Mr. Summers will continue to serve in the interim. Mr. Fischer moved to reappoint Robert Long, Carolyn Long, Louise Walker, Alan Yefko, Mark Smith and Andrew Thurston to the Open Space Committee, and to reappoint Alan Yefko as Chairman, Robert Long as Vice Chairman, and Louise Walker as Secretary of the Open Space Committee for 2018. Mr. Scribner seconded the motion, with all voting Mr. Winters moved to reappoint Jay Fischer as the Supervisor representative to the Open Space Committee. Mr. Scribner Mr. Fischer moved to reappoint Karen Elrod, Shelly Francies, Kristopher Givens, Jill Givler, Mitchell Goldfarb, Evelyn Samuels, and Sally Riddle to the East Brandywine Township Youth Aid Panel for 2018. Mr. Scribner seconded the motion, with all voting Mr. Fischer moved to reappoint Lt. Gene Babetski as the Police Liaison to the Youth Aid Panel for 2018. This was seconded by Mr. Winters, with all voting
Page 6 Mr. Fischer moved to reappoint James Buczala as Chairman and Hudson Voltz as Vice Chairman and Secretary of the Bondsville Mill Committee for 2018, and further moved to reappoint James Buczala, Hudson Voltz, Bud Bruton, Eleanor Buczala, David Culp, Douglas Freeman, Frank Harvey, Arne Jensen, Jim Ladrew, Roger Lauer, Charles Lindsay, Sandra Moser, Ian Plane, Thomas Scurto-Davis, Charles Stone, Roger Stone, Jim Balbierer, Luke Reven and Scott Piersol as members of the Bondsville Mill Committee for 2018. Mr. Scribner Mr. Fischer moved to reappoint Nancy Frame, John Bryer, Chris Saello, Hudson Voltz, and Richard Bates to the Traffic Impact Committee for 2018. Mr. Scribner seconded the motion, with all voting Mr. Fischer moved to reappoint Michael Wagoner as Chairman of the Trails Committee for 2018, and further moved to reappoint Michael Wagoner, Muriel Kennedy, Ian Plane, David Summers, and Charles Lindsay as members of the Trails Committee for 2018. Mr. Scribner Mr. Winters moved to appoint Kyle Scribner as the Supervisor representative to the Traffic Impact Committee for 2018. Mr. Fisher seconded the motion, with all voting Mr. Fischer moved to appoint Jason Winters as the Supervisor representative to the Bondsville Mill Committee for 2018. Mr. Scribner seconded the motion, with all voting Mr. Fischer moved to appoint David Sweet as the Township s Planning Consultant for 2018. The motion was not seconded. The appointment of a Planning Consultant was deferred to a future meeting. Mr. Fischer moved to reappoint Hudson Voltz as a representative to the Downingtown Area Recreation Consortium (DARC) for 2018. Mr. Winters seconded the motion, with all voting Mr. Fischer moved to appoint BBD, LLC as Township Auditor for 2018. Mr. Scribner Mr. Scribner moved to set the Treasurer s Bond at $1,500,000 subject to approval by the Board of Auditors, if necessary, and further moved that the Treasurer s Bond cover the Township Secretary/Treasurer, Township Manager, and the Township Tax Collector. Mr. Winters seconded the motion, which passed by majority, with Mr. Fischer abstaining.
Page 7 Mr. Fischer moved to appoint DNB First as the depository for the General Fund and State Liquid Fuels Fund. Mr. Scribner seconded the motion with the understanding that the depository may change in the future. The motion passed unanimously. Mr. Fischer moved to appoint Keystone Collections Group as the collector of the Earned Income Tax for 2018, including all delinquent earned income taxes from previous years. Mr. Winters Mr. Fischer moved to appoint Keystone Collections Group as the collector of the Local Services Tax for 2018, including all delinquent taxes from previous years. Mr. Winters Mr. Fischer moved to set the refuse removal and recycling fees at $235 for 2018, with the refuse portion set at $165, and the recycling portion set at $70. Mr. Winters seconded the motion, with all voting Mr. Fischer moved to continue the Real Estate Transfer Tax at the rate of one percent (1%) for 2018. Mr. Winters Mr. Fischer moved to appoint Keystone Collections Group as the collector of the Open Space Tax and to continue the tax at the rate of.125% for 2018. Mr. Winters seconded the motion, with all voting Mr. Fischer moved to appoint the Board of Supervisors as the Local Tax Appeals Board per Act 50. Mr. Winters Appointments to the Non-Uniform and Police Pension Committees were deferred to a future meeting. Mr. Scribner moved to appoint Bob Hoffman as the voting representative and Dennis Mulhern as the alternate representative to the Chester Tax Collection Committee for 2018. A legal opinion will be sought to determine whether there is any conflict of interest for Mr. Mulhern to serve in this capacity. Mr. Winters seconded the motion, which passed by majority vote, with Mr. Fischer abstaining. Mr. Fischer moved to appoint Kyle Scribner as the voting representative and Jason Winters as the alternative representative to the Western Chester County Council of Governments for 2018. Mr. Winters Mr. Scribner moved to appoint Jason Winters as the representative to the Uniform Construction Code (UCC) Appeals Board for 2018. Mr. Fischer seconded the motion, with all voting
Page 8 Mr. Fischer moved to appoint Kyle Scribner as the alternate representative to the Uniform Construction Code (UCC) Appeals Board for 2018. Mr. Winters seconded the motion, with all voting The appointment of the Board of Supervisors and a citizen member of the Uniform and Non-Uniform Pension Committees was deferred until a later date. Mr. Fischer moved to adopt Resolution No. 01 of 2018, a resolution adopting the final General Fund Budget of $6,417,019.27 and the State Fund Budget of $403,700 for 2018. Mr. Scribner Mr. Fischer moved to adopt Resolution No. 02 of 2018, a resolution entitled Designation of Emergency Providers for East Brandywine Township. Mr. Scribner seconded the motion, with all voting Mr. Fischer moved to adopt Resolution No. 03 of 2018, a resolution entitled Actuarial Findings For The Non-Uniformed Pension Plan For The Year 2018. Mr. Winters Mr. Fischer moved to adopt Resolution No. 04 of 2018, a resolution entitled Actuarial Findings For The Uniformed Pension Plan For The Year 2018. Mr. Winters seconded the motion, with all voting Mr. Fischer moved to certify the Board of Supervisors as delegates to the State Association s Annual Convention. Mr. Winters seconded the motion, with all voting Mr. Fischer moved to appoint Scott T. Piersol as Voting Delegate and Luke Reven as Alternate Delegate to the State Association s Annual Convention. Mr. Scribner seconded the motion, with all voting Mr. Fischer moved to appoint Mary E. Hinebaugh as the Township s representative to the Downingtown Library Board. Mr. Scribner Mr. Scribner moved to appoint Charles Mirarchi to the Vacancy Board for 2018. Mr. Winters seconded the motion, which passed by majority vote, with Mr. Fischer abstaining. Mr. Winters moved to appoint Kyle Scribner as Supervisor Liaison to the East Brandywine Township Police Department for 2018. Mr. Fischer seconded the motion, with all voting
Page 9 Other Business Mr. Reven explained that, per the Second Class Township Code, the elected Supervisors may participate in the same health related benefits as offered to full-time Township staff, so long as they provide a letter of intent at a public meeting. A Memorandum outlining the Supervisors eligibility for the three benefit plans was prepared as the formal Notice of Intent to participate or decline participation in some or all of the health benefits. Upon receipt of the signed Notice of Intent, an announcement will be made at the next regularly scheduled meeting for participation to commence. Mr. Scribner announced that the Supervisors received a request to dispose of a 1996 Ford E-350 Cutaway Box Truck. Chief Kosci explained that the vehicle was donated to the Western Chester County Emergency Response Team, of which the East Brandywine Township Police Department is a member, by the Chester County Intermediate Unit for use as a multi-departmental Emergency Response Team Command Vehicle. Each Team member took responsibility for insuring a vehicle under its umbrella policy. This vehicle, which is titled to East Brandywine Township, has been decommissioned because it needs repairs. The Police Department sought a non-profit organization who may be interested in the vehicle and identified the Chester County Council of the Boy Scouts of America as being interested in repairing it for use as a mobile classroom. The local Boy Scout Troop did not express any interest in the vehicle. The Board may instead elect to direct staff to sell the vehicle to the highest bidder, which would incur advertising costs. Mr. Fischer moved to donate the 1996 Ford E-350 Box Truck to the Chester County Council of the Boy Scouts of America. Mr. Scribner Police decals will be removed prior to transfer of the vehicle. Mr. Piersol noted that Todd Greene of D.R. Horton was unable to attend the Board of Supervisors meeting on December 20, but is in attendance this evening in support of their request for a variance to construct a temporary real estate sign for advertising the residential development currently under construction at the Estates of Dowlin Forge. The double-sided sign, which is proposed to be 24 square feet in size, will be located adjacent to the site entrance from Creek Road. The allowable size is 6 square feet. Mr. Greene is scheduled to attend the Planning Commission meeting tomorrow evening to seek their support of the application. The application will be heard by the Zoning Hearing Board on Tuesday, January 9. Mr. Scribner recalled that zoning relief was granted to Metropolitan Development Group (MDG) for a larger sign, and opined that he felt it would be fair to do the same for D.R. Horton. Mr. Fischer and Mr. Winters concurred. Mr. Scribner moved to support the application of D.R. Horton for a variance from 399-117.A(1)(b)[3] of the Zoning Ordinance in order to construct a double-sided temporary real estate sign at a size of 24 square feet. Mr. Winters
Page 10 Mr. Fischer and Mr. Winters submitted their Notice of Intent to participate in the Township sponsored insurance benefit plans for 2018. Mr. Scribner indicated that he has health and vision coverage through his wife s employer, but he may be interested in participating in the Township s dental plan and health reimbursement arrangement, wherein full-time staff are reimbursed up to a cap of $2,000 for out-of-pocket expenses. Mr. Scribner tabled his decision until the next meeting. Public Comment Paul Prince, Esquire, attended the meeting on behalf of L&R Partnership and Brandywine Village Associates to relay their need for resolution of the outstanding disagreements between the parties, which is now entering its eighth year. Mr. Prince said he could not convey any specifics with regard toward settlement of the ongoing litigation at this meeting in the absence of the Board s counsel. However, he did wish to refute statements made by Mark Kaplan at the Board s December 20 th meeting wherein Mr. Kaplan said that at no time did Mr. Prince s clients express a willingness or interest in settling the matter. Mr. Prince said he personally met with Mr. Kaplan on two occasions to discuss resolution, but felt Mr. Kaplan wanted capitulation rather than negotiation. Mr. Prince went on to say that he has repeatedly approached the Board of Supervisors, the Planning Commission, and the Municipal Authority in an effort to resolve the litigation in an equitable and amicable fashion. In closing, Mr. Prince made reference to the surrender of Confederate General Robert E. Lee to Union General Ulysses S. Grant, whereupon General Grant silenced a band that had begun to play in celebration and told his officers The war is over. The Rebels are our countrymen again to symbolize his client s desire for unity and willingness to extend an olive branch to resolve this matter. Mr. Scribner offered to be the Board s liaison between Mr. Prince s clients and Giant to try to help come to some final resolution. Adjournment There being no further business, Mr. Fischer moved to adjourn the meeting at 9:29 AM. Mr. Scribner Respectfully submitted, Jan C. Bednarchik Acting Recording Secretary