Meeting Agenda for Caln Township
Board of Commissioners
April 27, 2023
7:30 PM
Hybrid Meeting
Call to Order: Commissioner Mullin called the Board of Commissioners meeting to order at 7:30 PM. Commissioner Mullin then called for the Pledge of Allegiance to the flag.
Commissioner Mullin noted an Executive Session on March 27, 2023, and April 13, 2023 regarding personnel matters.
Board Members Present: Paul Mullin-President, Jane Kennedy-Vice President, Joshua Young-Commissioner, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Kristen Denne-Township Manager/Secretary (Absent), Denise Miller-Assistant Township Secretary, Lisa Swan-Township Treasurer, Chief Elias-Police Department, Ray Stackhouse-Codes & Public Works Director, Scot Gill-Municipal Authority Director, and Abbey Swan-Community Outreach Specialist, and Nicole Shannon-Ingleside Golf Manager/superintendent.
Professionals Present: Kristin Camp Township Solicitor, Karl Schmit representing ARRO, and Debra Shulski from Riley Riper Hollin & Colagreco representing ESKE Development, LLC. (Ducklings Daycare)
Special Guest: Chief Steward-Minquas Fire Company Ambulance Service and Chief Taylor- Thorndale Fire Company
The Board of Commissioners April 27, 2023 agenda was posted on the Township website, and at the Township building, on April 26, 2023. Agendas were made available for the public at the meeting.
The 2023 Township Board of Commissioners meetings were published in the Daily Local News, on December 27, 2022.
Commissioner Evans’ Township Update
Welcome everyone, thank you for joining us. We’re all in this together. Just a reminder, only questions or statements regarding an agenda item will be entertained under Citizens to be Heard at the top of the meeting. All other matters will be recognized during Public Comment at the end of the meeting.
Commissioner Mullin called for public comments on agenda items. There were none.
Township Solicitor – Ms. Camp
Request for Consideration to Approve Motion of the Preliminary/Final Land Development Plan Approval for ESKE Development, LLC., for Proposed Child Day Care Center to Be Located at 100 Rock Raymond Road – For Board consideration, Ms. Camp offered a Motion of the Preliminary/Final Land Development Plan Approval for ESKE Development LLC., for a proposed child daycare center to be located at 100 Rock Raymond Road. The Applicant is the owner of an approximately 3.5-acre parcel of property located on the west side of Rock Raymond Road, north of Horseshoe Pike, and identified as Chester County tax parcel #39-2-26. The Applicant seeks to develop the Property with an 11,990 square foot, one-story building to be used as a child day care with two outdoor play areas, one measuring 3,000 square feet and the other measuring 1,000 square feet. The proposed development also includes the addition of forty-eight parking spaces and an access driveway that leads from the existing shared private roadway that connects Horseshoe Pike, a/k/a Manor Avenue, to Rock Raymond Road.
Ms. Camp read the conditions and waivers.
1. The development depicted on the Plan shall comply with all relevant terms and provisions of the Zoning Ordinance, the SALDO, the Stormwater Ordinance and all other applicable regulations, except as otherwise modified and/or waived by the Board of Commissioners through this Decision.
2. Applicant shall comply with all terms and conditions in the CU Decision.
3. Subsequent to the Board’s approval of the CU Decision, Applicant corresponded with the owner of the gas pipeline, TC Energy, concerning the installation of a sidewalk and lighting along the west side of Rock Raymond Road. Applicant provided the Township with correspondence from TC Energy indicating that due to safety and design concerns that do not adhere to TC Energy’s construction guidelines when working within or near an easement, TC Energy would not grant approval for Applicant to install the sidewalk and light pole. Based on such correspondence, Applicant is required by the CU Decision to pay the Township a fee in lieu of sidewalk in the amount of $11,268 and grant to the Township and PennDOT the necessary easements to allow a future extension of the sidewalk along the entire property frontage on Rock Raymond Road. The fee in lieu of sidewalk shall be paid prior to release of the Plan for recording. Applicant shall tender a deed of dedication for the sidewalk easement prior to release of Plan for recording. The area and legal description for the sidewalk easement shall be approved by the Township engineer.
4. The Board grants waivers from the following sections of the Township Subdivision and Land Development Ordinance and Stormwater Ordinance:
○ §137-9.A(2) to allow the Plan to be approved as a preliminary/final plan.
○ §137-43.D to not require sidewalk within the right of way of Rock Raymond Road.
○ §135-311.C to allow storm drainpipes to have a minimum pipe diameter of 15 inches as opposed to 18 inches as required by this section.
○ §135-311.J(10) to allow NAG P-300 erosion control blanket spillway lining as opposed to concrete grass pavers as required by this section.
○ §135-311.J(11) to install a level spreader at the basin outfall instead of a concrete endwall and riprap apron as required by this section.
5. Applicant shall comply with any outstanding comments in the Review Letters to the satisfaction of the Township and CTMA staff and their consultants.
6. Applicant shall obtain approval from the CTMA to provide public sewer to the new day care center and shall obtain Act 537 Sewage Facilities Planning Module approval or exemption therefrom from the Pa.DEP. Applicant shall enter a Sanitary Sewer Capacity Reservation and Extension Agreement approved by the CTMA which shall be recorded simultaneously or prior to recording of the Plan. All details concerning what sewer lines and sewer facilities Applicant shall be required to construct to provide public sewer to the day care center shall be determined by the CTMA and noted on the Plan. Applicant shall tender to the CTMA any easements necessary to provide public sewer to the day care.
7. Pursuant to SALDO Section 137-31, prior to the release of the Plans for recording, Applicant shall make payment in the amount of $10,251.45 (calculated as $855.00 per 1,000 gross square feet of building space for 11,990 square feet based) as a fee in lieu of land dedicated for open space.
8. Applicant shall execute a Development Agreement and Financial Security Agreement and post financial security in an amount approved by the Township Engineer and in form and substance acceptable to the Township, the Township Engineer and the Township Solicitor prior to the Plan being released by the Board of Commissioners for recording.
9. Prior to the release of the Plan for recording, Applicant shall reimburse the Township for all outstanding reasonable engineering, administrative, legal, and other review fees associated with the Township’s review of the Plan. If Applicant disputes any of the review fees, the parties shall adhere to the procedures in Section 10503 of the MPC. If the Township incurs engineering, administrative, legal and other consultant fees associated with the inspection of the improvements associated with Applicant’s subdivision, it shall, within thirty (30) days of receipt of any subsequent invoices from the Township or its professional consultants, remit payment to the Township for all reasonable engineering, administrative, legal and inspection fees associated with Applicant’s subdivision of the Property. Should Applicant wish to dispute any of the above-referenced inspection fees, the parties shall adhere to the procedures in Section 10510(g) of the MPC. Any balance not paid within such thirty (30) day period shall bear interest at the rate of one and one-half percent (1-1/2%) per month.
10. Applicant shall provide the Township with a digital file of the Plan as specified in the Township Code.
11. Applicant shall provide the Township with a copy of the recorded Plan in 11x17 format.
12. To the extent that any of the above conditions are determined to be invalid, the invalid condition(s) are severable, and the invalidity shall not affect the validity of the remaining conditions imposed.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if the Applicant is acceptable to the conditions in the motion. Ms. Schulski noted that the conditions in the draft Motion are acceptable to the Applicant.
Commissioner Mullin noted that it would be a safety hazard for children if a sidewalk were installed where TC Energy is located, therefore he is agreeable to the “fee in lieu” of a sidewalk. Commissioner Mullin also noted that he would like to have the power section removed. Commissioner Evans asked if it is enclosed. Commissioner Mullin replied that it is gated.
Tom Parr of 582 Lloyd Avenue asked if it is still part of the condition where in six months a traffic study will be done. Ms. Shulski replied that the traffic study is part of the conditional use approval. Ms. Camp also replied that all the conditional use approvals still apply.
Tony Wagner of 207 Thornridge Drive asked if the results of the traffic study will affect the Commissioners decision or is it a formality. Ms. Camp replied that a traffic study is required by #14 of the conditional use order. Commissioner Evans replied that the Board has concerns about what the intersection of Lloyd Avenue and Manor Avenue would look like in six months after the day care was opened and more traffic was generated so it doesn’t affect the Board approval tonight; however, it is something to be revisited to make sure that it is safe and any measures that need to be taken can be.
Commissioner Mullin entertained a motion to approve a Motion of the Preliminary/Final Land Development Plan for ESKE Development, LLC., for the Proposed Child Daycare center at 100 Rock Raymond Road. Moved by Commissioner Tindaro and seconded by Kennedy.
The vote passed 5-0.
Request for Consideration to Authorize the Board President to Sign the Easement Agreements Listed Below for the 2023 Capital Projects – For Board consideration, Ms. Camp offered three remaining easements for the Stormwater Drainage and Sanitary Sewer Project.
Reed and Oak Street Stormwater Improvement Project
Commissioner Mullin called for Board and resident comments. There were none.
Commissioner Mullin entertained a motion to approve and sign 1411, 1401, and 1521 Reed Street Easements for the 2023 Capital Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Township Manager – Ms. Denne
Tii Inventory – Commissioner Mullin noted that Ms. Denne was unable to attend tonight’s meeting; however, she asked him to find out if the Board has more road projects to add to the Transportation Improvements Inventory.
Commissioner Young read the names on the current list: US 30 Bypass, Reeceville to Quarry Road, State route 30 and Airport Road interchange improvements, SEPTA Paoli, and Thorndale line extension, Chester Valley extension Downingtown, Chester Valley trail west, Lloyd Road over Beaver Creek, G.O. Carlson Boulevard over Beaver Run, Fisherville Road over Beaver Run Tributary, Reeceville Road, US bypass to East Reeceville Road, Hazelwood Avenue, Moore Road,
US 30 bypass to Kings Highway, 340 at business 30, US 30, PA 340, Reeceville Road, Lincoln Highway/North Caln/Olive Street, North Caln Road at Blackhorse Hill Road, Blackhorse Hill Road, and at Moore Road. Commissioner Young noted that some of them are new bridges, rehab., turning lanes, drainage, turn signal, re-align lanes, and trails. Commissioner Young also noted that some of the names have been on the list for decades.
Township Engineer
Request for Consideration to Approve a 90-day Extension Until July 11, 2023 to Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project – For Board consideration, Mr. Schmit offered a 90-day extension request from Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project until July 11, 2023, due to a delay in obtaining a resident easement. Mr. Schmit noted that this easement ended up not being needed.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit if there was an additional cost. Mr. Schmit replied that there are no additional costs.
Commissioner Evans asked Mr. Schmit if FEMA will be impacted by this extension. Mr. Schmit replied that there will be no impact with FEMA. Mr. Schmit also replied that all the FEMA projects have been extended, and this project is a non “Ida” project.
Commissioner Mullin entertained a motion to approve a 90-day extension until July 11, 2023 to Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #1 to MOR Construction Services Inc. in the Amount of $3,735.00 for the South Lloyd Avenue Stream Bank Restoration Project – For Board consideration, Mr. Schmit offered payment application #1 to MOR Construction Services Inc. in the amount of $3,735.00 for the South Lloyd Avenue Stream Bank Restoration Project. Mr. Schmit noted that this project just started, and this application is specific to tree removal.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment application #1 to MOR Construction Services Inc., in the amount of $3,735.00 for the Lloyd Avenue Stream Bank Restoration Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #2 to MOR Construction Services Inc. in the Amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project – For Board consideration, Mr. Schmit offered payment application #2 to MOR Construction Services Inc., in the Amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project. Mr. Schmidt noted that payment application #1 and #2 equates to 85% of the project and 15% remaining in retainage. Mr. Schmit also noted that this project has been completed.
Commissioner Mullin called for Board and public comments.
Tony Wagner of 207 Thornridge Drive asked what was completed for 85% of the project. Mr. Schmit replied that there was restoration of an existing underground corrugated metal pipe that was reinforced with a concrete pipe, there was an end wall and a head wall, and at the low point, the existing channel was reinforced and relined with rip rap.
Commissioner Mullin entertained a motion to approve payment application #2 to MOR Construction Services Inc., in the amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #3 to BrightFields Inc. in the Amount of $18,572.50 for the Golf Course Pump House Demolition Project for Work Completed Through March 31, 2023 – For Board consideration, Mr. Schmit offered payment application #3 to Bright Fields Inc., in the amount of $18,572.50 for the Golf Course Pump House Demolition Project for work completed through March 31, 2023. Mr. Schmit noted that with payment application #1 and #2 equates to 95% of the budget and 5% in retainage. Mr. Schmit also noted that this project has been completed.
Commissioner Mullin called for Board and public comments.
Mark DeYoung of 20 Beaver Run Road noted that the public was told that the Township would not receive any FEMA extensions and now the Township is getting them. Mr. Stackhouse replied that the Township did not say that they could not receive any extensions. What they said was that there was a process and FEMA always told the Township that the projects had to be completed by March 8, 2023. Mr. Stackhouse also noted that the Township formally filed for extensions for all seven “Ida” projects, prior to the March 8 date and all dates were approved until August 31, 2023.
Commissioner Mullin entertained a motion to approve payment application #3 to BrightFields Inc., in the amount of $18,572.50 for the Golf Course Pump House Demolition Project for work completed through March 31, 2023. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Recommendation #3 to Construction Masters Services, LLC in the Amount of $14,899.50 for the Moore Road Bridge Replacement Project for Work Completed Through March 28, 2023 – For Board consideration, Mr. Schmit offered payment recommendation to BrightFields Inc., in the amount of $18,572.50 for the Moore Road Bridge Replacement Project for work completed through March 28, 2023. Mr. Schmit noted that payment application #1, #2, and #3 equates to 50% of the budget. Mr. Schmit also noted that this project is 90% complete.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment recommendation #3 to Construction Masters Services, LLC in the Amount of $14,899.50 for the Moore Road Bridge Replacement Project for work completed through March 28, 2023. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Approve Payment Recommendation #1 to AK Petersheim Builders in the Amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project – For Board consideration, Mr. Schmit offered payment recommendation #1 to AK Petersheim Builders in the amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project. Mr. Schmit noted that the project has been completed with 10% retainage.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment recommendation #1 to AK Petersheim Builders in the amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Advertise for Bids on PennBid for the 2023 Road Program – For Board consideration, Mr. Schmit offered a PennBid advertisement for the 2023 Road Program.
Commissioner Mullin called for Board and public comments.
Commissioner Young asked Mr. Schmit to read the roads on the list. Mr. Schmit replied, portions of 15th, 16th, 17th and Oak Street and a small amount for continued maintenance and protection of traffic. Commissioner Young asked if the Municipal Park parking lot will be added as an alternate. Mr. Stackhouse replied that they can add it as a bid if the Board wants it added. The estimate from ARRO for the program is $354,000.00 and the Township budgeted $395,000.00 from the liquid fuels fund. Mr. Stackhouse also replied that the price for the ballpark parking lot is approximately $69,000.00, which cannot be paid out of the liquid fuels fund. Commissioner Mullin asked if they do the parking lot will the paving be continued down the walkway to the play area. Mr. Stackhouse replied that they did not include that because there are things that need to be considered such as being ADA compliant.
Commissioner Mullin entertained a motion to advertise for bids on PennBid for the 2023 Road Program including the Municipal Park ballpark parking lot. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Advertise for Bids on PennBid for the Reed Street Drainage Improvement Project on PennBid – For Board consideration, Mr. Schmit offered a PennBid advertisement for the Reed Street Drainage Improvement Project.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit if this coincides with the sewer section of this project. Mr. Schmit replied “yes”.
Commissioner Mullin entertained a motion to advertise for bids on PennBId for the Reed Street Drainage Improvement Project. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Ordinances and Resolutions for Consideration
Request for Consideration to Approve Resolution 2023-11 Approving the Disposition of Township Records – Commissioner Mullin called for Board and public comments.
Commissioner Mullin read the Township documents to be destroyed: 2015 and prior building permits, 2015 and prior contractor insurance certificates, and 2020 pavilion rentals. Commissioner Mullin asked about the years. Ms. Miller replied that she asks for the year and prior, so if older documents are found they can be shredded without asking them to destroy them. Commissioner Mullin asked if the contractor licenses are kept electronically. Ms. Miller replied that they are not kept after they get approval to be destroyed because they are not needed.
Commissioner Mullin entertained a motion to approve Resolution 2023-11 approving the disposition of Township records. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Minutes to Approve
Request for Consideration to Approve the April 13, 2023, Board of Commissioners Meeting Minutes – Commissioner Mullin called for Board additions or corrections needed. There were none.
Commissioner Mullin entertained a motion to approve the April 13, 2023 Board of Commissioners meeting minutes. Moved by Commissioner Tindaro and seconded by commissioner Kennedy.
The vote passed 5-0.
Acknowledgement of Minutes
Request for Consideration to Acknowledge Board Receipt of the March 21, 2023 Planning Commission Meeting Minutes – Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion acknowledging Board receipt of the March 21, 2023 Planning Commission meeting minutes. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Finance Department – Ms. Swan
Financial Report – Ms. Swan noted that the tax bills have been mailed. Their revenue versus expenses were at approximately 23% of the 2023 budget expended, 49% of revenue collected, and 88% of real estate revenue collected. Ms. Swan also noted that four of the five leases will end at the end of 2023, and two will end at the end of 2023.
Request for Consideration to Approve the Accounts Payable Bill List for Checks 49958 to 50025 and Manual Check 290 – Commissioner Mullin called for Board and public comment.
Commissioner Evans recused himself from check #50010 paying for PA Share.
Commissioner Mullin entertained a motion to approve the accounts payable bill list for checks 49958 to 50025 and manual check 290. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Directors Reports
Police Chief Elias – Chief Elias noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Elias noted that May 1 to 12, PAWC will have contractors going door to door for those residents who have not responded to their previous electronic survey. They will be wearing logo high visibility vests and carrying official ID badges. Chief Elias also noted that additional information can be found on the police Facebook page.
Tony Wagner of 207 Thornridge Drive asked the financial and staffing impacts on the police station with the additional housing construction in the township. Chief Elias replied that the police department currently has three cadets in the police academy and one beginning in July. All tuition costs will be reimbursed by the state and 45% of the salary earned in the academy will also be reimbursed. Chief Elias also noted that he does not want to publicly comment further because he has not discussed this with the Township Manager nor the Board.
Commissioner Evans asked Mr. Stackhouse to provide the status of Mi Place at Downingtown (Mi Place) and The Willows at Valley Run “The Willows”. Mr. Stackhouse replied that Mi Place anticipates their first Use and Occupancy (U&O) in August 2023 for approximately fifty townhomes and quickly behind that they could have two apartment buildings ready for occupancy. Mr. Stackhouse also replied that all these apartments and townhomes will be rented. Commissioner Mullin asked Mr. Stackhouse if the sewer pipe along 322 is anticipated to be installed in June 2023. Mr. Stackhouse replied that it will be done soon after school is closed. They also had meetings with PECO and PennDOT, and they are obligated to give the Township thirty days’ notice when the roadway will be closed, and they will provide a full traffic diversion plan and schedule. Once it has been signed off on by all parties, he will disseminate information to the public.
Mr. Stackhouse replied that the Willows’ first apartment building is getting rough inspection and the second apartment is almost completed and will have U&Os issued in the third quarter.
Fire Department Chief Taylor – Chief Elias noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Taylor noted that there was a significant house fire on April 24, 2023 located on West Morgan Drive with[AS1] no injuries. Chief Taylor also noted that the fire department closes roads during incidents/fires for first responders’ safety. Unfortunately, they cannot give 24 hours’ notice before that is done.
Director of Building & Life Safety & Public Works Mr. Stackhouse – Mr. Stackhouse noted a few highlights from his departments’ March 2023 reports, which were previously provided to the Board.
Mr. Stackhouse noted that Chipotle and Starbucks at 3203 and 3219 Lincoln Highway submitted building permits and they are in review and the old US Supply building located at 2751 was demolished and purchased by KIA who anticipate doing a subdivision and land development project in the back and leaving the pad site open for a potential future development.
Commissioner Mullin asked if they are going to park vehicles in the vacant lot. Mr. Stackhouse replied that he made it clear that they cannot have vehicles in the vacant lot.
Mr. Stackhouse noted that Assistant Fire Marshall, Ryan Lewis was hired. Mr. Lewis has is newly certified fire 1 and 2.
Tony Wagner of 207 Thornridge Drive asked Mr. Stackhouse and the Board what the maximum height of a fence is in Thorndale. Mr. Stackhouse replied, “6 feet”. Mr. Wagner asked if the Township would take action if a fence was over 6 feet. Commissioner Mullin asked if the fence is 10 feet? Mr. Wagner replied that it is two to four inches higher. Mr. Stackhouse replied that he will not do anything about that. Mr. Stackhouse also replied that the height of a fence is based on the measurement across the entire length of the fence. Mr. Wagner asked if it would be a violation if the entire fence is above 6 feet. Mr. Stackhouse replied “yes”. Mr. Wagner noted that he provided Mr. Stackhouse with measurements that he took, which are above that measurement, and he decided not to take action. Mr. Stackhouse replied, “That is correct, because I told you it was not over 6 feet over the entire length of the fence”. Mr. Wagner invited Mr. Stackhouse to visit 207 Thornridge Drive and walk the fence with him. Mr. Stackhouse replied, “no thanks”. Mr. Wagner asked if this is because you do not want to do your job or because it is not a violation. Commissioner Mullin noted that he will walk the fence with Mr. Wagner. Mr. Wagner noted that this will be fine.
Minquas Fire Company Ambulance Chief Steward – Chief Steward noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Steward noted that they will have two new units in operation in two weeks, and they are fully staffed at full time and per diem.
Mark DeYoung of 20 Beaver Run Road asked if the arts and craft show was on Saturday because of the weather. Chief Steward replied that it is and it will be an inside affair.
Commissioner Mullin introduced the new Golf Manager/Superintendent, Nicole Shannon. Ms. Shannon noted that they are month over month up by $10,000.00 and she is excited to work at the golf course. Commissioner Mullin noted that Ms. Shannon can email the Board if she ever needs anything.
Additional Business
Request for Consideration to Authorize the Board President to Sign a Contract with Thesing Power Sweeping, Inc., in the Amount of $13,056.80 for the 2023 Street Sweeping – Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked what “dump trucks in place” means. Mr. Stackhouse replied that it means that the Township must have dump trucks in place so they can dump cinders and the public works department hauls them out and dumps them. Commissioner Mullin noted that he noticed that there is an hourly rate if there is a place they cannot get to and the Township requests that they come back out. Mr. Stackhouse noted that the street sweeper will go around vehicles and if the Township has the cars moved and the Township asks the company to go back, they will charge the hourly rate. Mr. Stackhouse also noted that they let the residents know as close to possible when their roads will be done. Commissioner Kennedy noted that the contract has an expiration date of May 1, 2023. Mr. Stackhouse replied that they may have to get that amended. Mr. Stackhouse noted that the street sweeping must be done before the line striping. Commissioner Mullin asked Mr. Stackhouse if the company uses the Township water. Mr. Stackhouse replied that he has to work with the water provider and designate fire hydrants for them to use.
Commissioner Mullin entertained a motion to authorize the Board President to sign a contract with Thesing Power Sweeping Inc., in the amount of $13,056.80 for the 2023 Street Sweeping Program. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Public Comments
Tom Parr of 582 Lloyd Avenue thanked Ms. Swan for all the work she did on Tree Maintenance Day, thanked Mr. Stackhouse and Chief Elias for meeting with the Historical Commission concerning the hexagonal school lights and Spackman Farm. Mr. Parr congratulated Commissioner Evans for being voted on the Board of Directors of the Chester County Historic Network.
Donna DiPrinzio Historical Commissioner member and treasurer noted that the Township Manager has notified her that the liability for the Town Tour is under the Township policy.
Tony Wagner of 207 Thornridge Drive congratulated Commissioner Evans and stated that Ms. Swan is a “rock star” for the Township. Mr. Wagner asked who determines the percentage of rentals rented under market value at the Willows at Valley Run. Commissioner Young replied that it is determined by the Pennsylvania Housing Authority. Commissioner Young also noted that 10% of the rentals are for people with disabilities and low-income residents, and that low income in Chester County is in the range of $30,000.00 to $50,000.00. Commissioner Evans noted that in Chester County we assume a certain amount of privilege because many of our incomes are above a certain level. Commissioner Evans pointed out that middle income is not cheap. Commissioner Evans also noted that the terminology can be twisted in a way to make it seem unseemly when it is not.
Commissioner Mullin noted he read the Historical Commission’s 2022 report and stated that it is amazing. Commissioner Mullin questioned the statement that says they are going to ID the historical resources along Lincoln Highway. Commissioner Evans noted that they have a bit of a list; however, they cannot obtain information on a couple of addresses like the Babies “R” Us. He believes it was part of the electric farm, that this area had the first electrified farm. Commissioner Evans also noted that Wiggins Auto Tags was the first Toll House on Lincoln Highway and across the street is a two-floor duplex that was the 1801 Gallagherville Inn.
Commissioner Mullin asked Commissioner Evans what “PA Share” is. Commissioner Evans replied that it is an online tool that allows them to upload all the information to apply for a Designation of Eligibility for the National Registry (DOE). Commissioner Evans also noted that within ninety days they will have the Milling District in there and ready to upload for consideration for designation on the national registry. It also allows them to point out where our historic properties are, create maps, and upload success stories.
Adjournment – Commissioner Mullin entertained a motion to adjourn the April 27, 2023 Board of Commissioners meeting at 8:27 PM. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Respectfully Submitted,
Denise Miller
Assist. Township Secretary
Board of Commissioners
April 27, 2023
7:30 PM
Hybrid Meeting
Call to Order: Commissioner Mullin called the Board of Commissioners meeting to order at 7:30 PM. Commissioner Mullin then called for the Pledge of Allegiance to the flag.
Commissioner Mullin noted an Executive Session on March 27, 2023, and April 13, 2023 regarding personnel matters.
Board Members Present: Paul Mullin-President, Jane Kennedy-Vice President, Joshua Young-Commissioner, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Kristen Denne-Township Manager/Secretary (Absent), Denise Miller-Assistant Township Secretary, Lisa Swan-Township Treasurer, Chief Elias-Police Department, Ray Stackhouse-Codes & Public Works Director, Scot Gill-Municipal Authority Director, and Abbey Swan-Community Outreach Specialist, and Nicole Shannon-Ingleside Golf Manager/superintendent.
Professionals Present: Kristin Camp Township Solicitor, Karl Schmit representing ARRO, and Debra Shulski from Riley Riper Hollin & Colagreco representing ESKE Development, LLC. (Ducklings Daycare)
Special Guest: Chief Steward-Minquas Fire Company Ambulance Service and Chief Taylor- Thorndale Fire Company
The Board of Commissioners April 27, 2023 agenda was posted on the Township website, and at the Township building, on April 26, 2023. Agendas were made available for the public at the meeting.
The 2023 Township Board of Commissioners meetings were published in the Daily Local News, on December 27, 2022.
Commissioner Evans’ Township Update
Welcome everyone, thank you for joining us. We’re all in this together. Just a reminder, only questions or statements regarding an agenda item will be entertained under Citizens to be Heard at the top of the meeting. All other matters will be recognized during Public Comment at the end of the meeting.
- OPEN FOR BUSINESS! Yes, Caln Township (Caln) is open for business. Another successful small business is coming to Caln. Precision Eye Care (Precision) will be leaving their long-time main office in Downingtown and relocating to new offices in Caln sometime in May. Precision also has an office on Gay Street in West Chester. Doctor Jessica Yannelli saw opportunity here and bought the old animal hospital between the Taco Bell and Royal Farms on Manor Avenue. They’ve done a great job reimagining the exterior – can’t wait to see the inside.
- Last Saturday was Riparian Buffer Tree Maintenance Day. Abbey Swan organized and led a wonderful group of volunteers to take care of the 800+ trees planted at Lloyd Park and Municipal Park over the last couple of years. We straightened tree tubes, secured support poles, pulled weeds, and replaced dead trees where needed, and had a lot of fun outside on a beautiful day! The group included township residents as well as non-resident dog park users. Of course, the Parks and Recreation Board members were out in full force, as were township employees and Historical Commission members. Thank you, Abbey!
- BUILDING BRIDGES – As you may have noticed, the crumbling Municipal Bridge has been removed and heavy equipment is preparing the area for the arrival of our new Municipal Drive Bridge. At this week’s PSATS conference in Hershey I was introduced to Ankita Patel from Contech (Contech is the bridge builder) and from our conversation I can tell you they’re as excited as we are to get to the finish line. We’re getting close!
- HELP WANTED: The Parks & Recreation Board is one of our most important and hardest working volunteer Boards. Without them there are no summer movie series, summer concerts, fireworks, Halloween Parade, Holiday decorations contest, Holiday Tree Lighting, Caln Community Day, tree planting, and maintenance events… you get it. They need our help. Please consider joining them for their monthly meeting this Monday night – one meeting and you’ll be hooked.
- BIG WEEKEND to kickoff May, our first movie night of the year will be Friday May 5 at Municipal Park. C’mon out to see our feature film “Hook”, the fun starts at 8:00 PM. And that’s not all, on Saturday May 6 the Old Caln Historical Society will hold their annual Antique, Craft, and Flea Market fundraiser right here from 9:00 AM to 2:00 PM.
- AND THE WINNER IS – Big news to share: the Chester County Historical Preservation Network has nominated Caln Township for their Municipality Award for our work at Spackman Farm in 2022. Wow! Their recognition would not be possible if not for the hard work and determination of our Historical Commission, Park & Recreation Board, Old Caln Historical Society, and our Public Works Department in making sure our November Spackman Farm event was a success. The awards dinner is June 21 at Hibernia Park, fingers crossed!
- SPREAD KINDNESS EVERYONE. Anger, grudges, and resentments are not worth our time or energy. Compassion, Empathy, Peace, and Love – these are what make the world go round, and the greatest gifts any of us can give or receive.
Commissioner Mullin called for public comments on agenda items. There were none.
Township Solicitor – Ms. Camp
Request for Consideration to Approve Motion of the Preliminary/Final Land Development Plan Approval for ESKE Development, LLC., for Proposed Child Day Care Center to Be Located at 100 Rock Raymond Road – For Board consideration, Ms. Camp offered a Motion of the Preliminary/Final Land Development Plan Approval for ESKE Development LLC., for a proposed child daycare center to be located at 100 Rock Raymond Road. The Applicant is the owner of an approximately 3.5-acre parcel of property located on the west side of Rock Raymond Road, north of Horseshoe Pike, and identified as Chester County tax parcel #39-2-26. The Applicant seeks to develop the Property with an 11,990 square foot, one-story building to be used as a child day care with two outdoor play areas, one measuring 3,000 square feet and the other measuring 1,000 square feet. The proposed development also includes the addition of forty-eight parking spaces and an access driveway that leads from the existing shared private roadway that connects Horseshoe Pike, a/k/a Manor Avenue, to Rock Raymond Road.
Ms. Camp read the conditions and waivers.
1. The development depicted on the Plan shall comply with all relevant terms and provisions of the Zoning Ordinance, the SALDO, the Stormwater Ordinance and all other applicable regulations, except as otherwise modified and/or waived by the Board of Commissioners through this Decision.
2. Applicant shall comply with all terms and conditions in the CU Decision.
3. Subsequent to the Board’s approval of the CU Decision, Applicant corresponded with the owner of the gas pipeline, TC Energy, concerning the installation of a sidewalk and lighting along the west side of Rock Raymond Road. Applicant provided the Township with correspondence from TC Energy indicating that due to safety and design concerns that do not adhere to TC Energy’s construction guidelines when working within or near an easement, TC Energy would not grant approval for Applicant to install the sidewalk and light pole. Based on such correspondence, Applicant is required by the CU Decision to pay the Township a fee in lieu of sidewalk in the amount of $11,268 and grant to the Township and PennDOT the necessary easements to allow a future extension of the sidewalk along the entire property frontage on Rock Raymond Road. The fee in lieu of sidewalk shall be paid prior to release of the Plan for recording. Applicant shall tender a deed of dedication for the sidewalk easement prior to release of Plan for recording. The area and legal description for the sidewalk easement shall be approved by the Township engineer.
4. The Board grants waivers from the following sections of the Township Subdivision and Land Development Ordinance and Stormwater Ordinance:
○ §137-9.A(2) to allow the Plan to be approved as a preliminary/final plan.
○ §137-43.D to not require sidewalk within the right of way of Rock Raymond Road.
○ §135-311.C to allow storm drainpipes to have a minimum pipe diameter of 15 inches as opposed to 18 inches as required by this section.
○ §135-311.J(10) to allow NAG P-300 erosion control blanket spillway lining as opposed to concrete grass pavers as required by this section.
○ §135-311.J(11) to install a level spreader at the basin outfall instead of a concrete endwall and riprap apron as required by this section.
5. Applicant shall comply with any outstanding comments in the Review Letters to the satisfaction of the Township and CTMA staff and their consultants.
6. Applicant shall obtain approval from the CTMA to provide public sewer to the new day care center and shall obtain Act 537 Sewage Facilities Planning Module approval or exemption therefrom from the Pa.DEP. Applicant shall enter a Sanitary Sewer Capacity Reservation and Extension Agreement approved by the CTMA which shall be recorded simultaneously or prior to recording of the Plan. All details concerning what sewer lines and sewer facilities Applicant shall be required to construct to provide public sewer to the day care center shall be determined by the CTMA and noted on the Plan. Applicant shall tender to the CTMA any easements necessary to provide public sewer to the day care.
7. Pursuant to SALDO Section 137-31, prior to the release of the Plans for recording, Applicant shall make payment in the amount of $10,251.45 (calculated as $855.00 per 1,000 gross square feet of building space for 11,990 square feet based) as a fee in lieu of land dedicated for open space.
8. Applicant shall execute a Development Agreement and Financial Security Agreement and post financial security in an amount approved by the Township Engineer and in form and substance acceptable to the Township, the Township Engineer and the Township Solicitor prior to the Plan being released by the Board of Commissioners for recording.
9. Prior to the release of the Plan for recording, Applicant shall reimburse the Township for all outstanding reasonable engineering, administrative, legal, and other review fees associated with the Township’s review of the Plan. If Applicant disputes any of the review fees, the parties shall adhere to the procedures in Section 10503 of the MPC. If the Township incurs engineering, administrative, legal and other consultant fees associated with the inspection of the improvements associated with Applicant’s subdivision, it shall, within thirty (30) days of receipt of any subsequent invoices from the Township or its professional consultants, remit payment to the Township for all reasonable engineering, administrative, legal and inspection fees associated with Applicant’s subdivision of the Property. Should Applicant wish to dispute any of the above-referenced inspection fees, the parties shall adhere to the procedures in Section 10510(g) of the MPC. Any balance not paid within such thirty (30) day period shall bear interest at the rate of one and one-half percent (1-1/2%) per month.
10. Applicant shall provide the Township with a digital file of the Plan as specified in the Township Code.
11. Applicant shall provide the Township with a copy of the recorded Plan in 11x17 format.
12. To the extent that any of the above conditions are determined to be invalid, the invalid condition(s) are severable, and the invalidity shall not affect the validity of the remaining conditions imposed.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if the Applicant is acceptable to the conditions in the motion. Ms. Schulski noted that the conditions in the draft Motion are acceptable to the Applicant.
Commissioner Mullin noted that it would be a safety hazard for children if a sidewalk were installed where TC Energy is located, therefore he is agreeable to the “fee in lieu” of a sidewalk. Commissioner Mullin also noted that he would like to have the power section removed. Commissioner Evans asked if it is enclosed. Commissioner Mullin replied that it is gated.
Tom Parr of 582 Lloyd Avenue asked if it is still part of the condition where in six months a traffic study will be done. Ms. Shulski replied that the traffic study is part of the conditional use approval. Ms. Camp also replied that all the conditional use approvals still apply.
Tony Wagner of 207 Thornridge Drive asked if the results of the traffic study will affect the Commissioners decision or is it a formality. Ms. Camp replied that a traffic study is required by #14 of the conditional use order. Commissioner Evans replied that the Board has concerns about what the intersection of Lloyd Avenue and Manor Avenue would look like in six months after the day care was opened and more traffic was generated so it doesn’t affect the Board approval tonight; however, it is something to be revisited to make sure that it is safe and any measures that need to be taken can be.
Commissioner Mullin entertained a motion to approve a Motion of the Preliminary/Final Land Development Plan for ESKE Development, LLC., for the Proposed Child Daycare center at 100 Rock Raymond Road. Moved by Commissioner Tindaro and seconded by Kennedy.
The vote passed 5-0.
Request for Consideration to Authorize the Board President to Sign the Easement Agreements Listed Below for the 2023 Capital Projects – For Board consideration, Ms. Camp offered three remaining easements for the Stormwater Drainage and Sanitary Sewer Project.
Reed and Oak Street Stormwater Improvement Project
- Emily Purdy and Lucas Cepeda 1411 Reed Street
- Richard and Christine Dusewicz 1521 Reed Street
- Ryan and Myisha Bardsley 1401 Reed Street
Commissioner Mullin called for Board and resident comments. There were none.
Commissioner Mullin entertained a motion to approve and sign 1411, 1401, and 1521 Reed Street Easements for the 2023 Capital Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Township Manager – Ms. Denne
Tii Inventory – Commissioner Mullin noted that Ms. Denne was unable to attend tonight’s meeting; however, she asked him to find out if the Board has more road projects to add to the Transportation Improvements Inventory.
Commissioner Young read the names on the current list: US 30 Bypass, Reeceville to Quarry Road, State route 30 and Airport Road interchange improvements, SEPTA Paoli, and Thorndale line extension, Chester Valley extension Downingtown, Chester Valley trail west, Lloyd Road over Beaver Creek, G.O. Carlson Boulevard over Beaver Run, Fisherville Road over Beaver Run Tributary, Reeceville Road, US bypass to East Reeceville Road, Hazelwood Avenue, Moore Road,
US 30 bypass to Kings Highway, 340 at business 30, US 30, PA 340, Reeceville Road, Lincoln Highway/North Caln/Olive Street, North Caln Road at Blackhorse Hill Road, Blackhorse Hill Road, and at Moore Road. Commissioner Young noted that some of them are new bridges, rehab., turning lanes, drainage, turn signal, re-align lanes, and trails. Commissioner Young also noted that some of the names have been on the list for decades.
Township Engineer
Request for Consideration to Approve a 90-day Extension Until July 11, 2023 to Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project – For Board consideration, Mr. Schmit offered a 90-day extension request from Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project until July 11, 2023, due to a delay in obtaining a resident easement. Mr. Schmit noted that this easement ended up not being needed.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit if there was an additional cost. Mr. Schmit replied that there are no additional costs.
Commissioner Evans asked Mr. Schmit if FEMA will be impacted by this extension. Mr. Schmit replied that there will be no impact with FEMA. Mr. Schmit also replied that all the FEMA projects have been extended, and this project is a non “Ida” project.
Commissioner Mullin entertained a motion to approve a 90-day extension until July 11, 2023 to Custer Excavation for the Park Drive Stormwater Conveyance System Replacement Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #1 to MOR Construction Services Inc. in the Amount of $3,735.00 for the South Lloyd Avenue Stream Bank Restoration Project – For Board consideration, Mr. Schmit offered payment application #1 to MOR Construction Services Inc. in the amount of $3,735.00 for the South Lloyd Avenue Stream Bank Restoration Project. Mr. Schmit noted that this project just started, and this application is specific to tree removal.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment application #1 to MOR Construction Services Inc., in the amount of $3,735.00 for the Lloyd Avenue Stream Bank Restoration Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #2 to MOR Construction Services Inc. in the Amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project – For Board consideration, Mr. Schmit offered payment application #2 to MOR Construction Services Inc., in the Amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project. Mr. Schmidt noted that payment application #1 and #2 equates to 85% of the project and 15% remaining in retainage. Mr. Schmit also noted that this project has been completed.
Commissioner Mullin called for Board and public comments.
Tony Wagner of 207 Thornridge Drive asked what was completed for 85% of the project. Mr. Schmit replied that there was restoration of an existing underground corrugated metal pipe that was reinforced with a concrete pipe, there was an end wall and a head wall, and at the low point, the existing channel was reinforced and relined with rip rap.
Commissioner Mullin entertained a motion to approve payment application #2 to MOR Construction Services Inc., in the amount of $162,337.50 for the North Barley Sheaf Culvert Reconstruction Project. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Application #3 to BrightFields Inc. in the Amount of $18,572.50 for the Golf Course Pump House Demolition Project for Work Completed Through March 31, 2023 – For Board consideration, Mr. Schmit offered payment application #3 to Bright Fields Inc., in the amount of $18,572.50 for the Golf Course Pump House Demolition Project for work completed through March 31, 2023. Mr. Schmit noted that with payment application #1 and #2 equates to 95% of the budget and 5% in retainage. Mr. Schmit also noted that this project has been completed.
Commissioner Mullin called for Board and public comments.
Mark DeYoung of 20 Beaver Run Road noted that the public was told that the Township would not receive any FEMA extensions and now the Township is getting them. Mr. Stackhouse replied that the Township did not say that they could not receive any extensions. What they said was that there was a process and FEMA always told the Township that the projects had to be completed by March 8, 2023. Mr. Stackhouse also noted that the Township formally filed for extensions for all seven “Ida” projects, prior to the March 8 date and all dates were approved until August 31, 2023.
Commissioner Mullin entertained a motion to approve payment application #3 to BrightFields Inc., in the amount of $18,572.50 for the Golf Course Pump House Demolition Project for work completed through March 31, 2023. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy.
The vote passed 5-0.
Request for Consideration to Approve Payment Recommendation #3 to Construction Masters Services, LLC in the Amount of $14,899.50 for the Moore Road Bridge Replacement Project for Work Completed Through March 28, 2023 – For Board consideration, Mr. Schmit offered payment recommendation to BrightFields Inc., in the amount of $18,572.50 for the Moore Road Bridge Replacement Project for work completed through March 28, 2023. Mr. Schmit noted that payment application #1, #2, and #3 equates to 50% of the budget. Mr. Schmit also noted that this project is 90% complete.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment recommendation #3 to Construction Masters Services, LLC in the Amount of $14,899.50 for the Moore Road Bridge Replacement Project for work completed through March 28, 2023. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Approve Payment Recommendation #1 to AK Petersheim Builders in the Amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project – For Board consideration, Mr. Schmit offered payment recommendation #1 to AK Petersheim Builders in the amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project. Mr. Schmit noted that the project has been completed with 10% retainage.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment recommendation #1 to AK Petersheim Builders in the amount of $36,088.20 for the Public Works Maintenance Shop Roof Replacement Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Advertise for Bids on PennBid for the 2023 Road Program – For Board consideration, Mr. Schmit offered a PennBid advertisement for the 2023 Road Program.
Commissioner Mullin called for Board and public comments.
Commissioner Young asked Mr. Schmit to read the roads on the list. Mr. Schmit replied, portions of 15th, 16th, 17th and Oak Street and a small amount for continued maintenance and protection of traffic. Commissioner Young asked if the Municipal Park parking lot will be added as an alternate. Mr. Stackhouse replied that they can add it as a bid if the Board wants it added. The estimate from ARRO for the program is $354,000.00 and the Township budgeted $395,000.00 from the liquid fuels fund. Mr. Stackhouse also replied that the price for the ballpark parking lot is approximately $69,000.00, which cannot be paid out of the liquid fuels fund. Commissioner Mullin asked if they do the parking lot will the paving be continued down the walkway to the play area. Mr. Stackhouse replied that they did not include that because there are things that need to be considered such as being ADA compliant.
Commissioner Mullin entertained a motion to advertise for bids on PennBid for the 2023 Road Program including the Municipal Park ballpark parking lot. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration to Advertise for Bids on PennBid for the Reed Street Drainage Improvement Project on PennBid – For Board consideration, Mr. Schmit offered a PennBid advertisement for the Reed Street Drainage Improvement Project.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit if this coincides with the sewer section of this project. Mr. Schmit replied “yes”.
Commissioner Mullin entertained a motion to advertise for bids on PennBId for the Reed Street Drainage Improvement Project. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Ordinances and Resolutions for Consideration
Request for Consideration to Approve Resolution 2023-11 Approving the Disposition of Township Records – Commissioner Mullin called for Board and public comments.
Commissioner Mullin read the Township documents to be destroyed: 2015 and prior building permits, 2015 and prior contractor insurance certificates, and 2020 pavilion rentals. Commissioner Mullin asked about the years. Ms. Miller replied that she asks for the year and prior, so if older documents are found they can be shredded without asking them to destroy them. Commissioner Mullin asked if the contractor licenses are kept electronically. Ms. Miller replied that they are not kept after they get approval to be destroyed because they are not needed.
Commissioner Mullin entertained a motion to approve Resolution 2023-11 approving the disposition of Township records. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Minutes to Approve
Request for Consideration to Approve the April 13, 2023, Board of Commissioners Meeting Minutes – Commissioner Mullin called for Board additions or corrections needed. There were none.
Commissioner Mullin entertained a motion to approve the April 13, 2023 Board of Commissioners meeting minutes. Moved by Commissioner Tindaro and seconded by commissioner Kennedy.
The vote passed 5-0.
Acknowledgement of Minutes
Request for Consideration to Acknowledge Board Receipt of the March 21, 2023 Planning Commission Meeting Minutes – Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion acknowledging Board receipt of the March 21, 2023 Planning Commission meeting minutes. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Finance Department – Ms. Swan
Financial Report – Ms. Swan noted that the tax bills have been mailed. Their revenue versus expenses were at approximately 23% of the 2023 budget expended, 49% of revenue collected, and 88% of real estate revenue collected. Ms. Swan also noted that four of the five leases will end at the end of 2023, and two will end at the end of 2023.
Request for Consideration to Approve the Accounts Payable Bill List for Checks 49958 to 50025 and Manual Check 290 – Commissioner Mullin called for Board and public comment.
Commissioner Evans recused himself from check #50010 paying for PA Share.
Commissioner Mullin entertained a motion to approve the accounts payable bill list for checks 49958 to 50025 and manual check 290. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Directors Reports
Police Chief Elias – Chief Elias noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Elias noted that May 1 to 12, PAWC will have contractors going door to door for those residents who have not responded to their previous electronic survey. They will be wearing logo high visibility vests and carrying official ID badges. Chief Elias also noted that additional information can be found on the police Facebook page.
Tony Wagner of 207 Thornridge Drive asked the financial and staffing impacts on the police station with the additional housing construction in the township. Chief Elias replied that the police department currently has three cadets in the police academy and one beginning in July. All tuition costs will be reimbursed by the state and 45% of the salary earned in the academy will also be reimbursed. Chief Elias also noted that he does not want to publicly comment further because he has not discussed this with the Township Manager nor the Board.
Commissioner Evans asked Mr. Stackhouse to provide the status of Mi Place at Downingtown (Mi Place) and The Willows at Valley Run “The Willows”. Mr. Stackhouse replied that Mi Place anticipates their first Use and Occupancy (U&O) in August 2023 for approximately fifty townhomes and quickly behind that they could have two apartment buildings ready for occupancy. Mr. Stackhouse also replied that all these apartments and townhomes will be rented. Commissioner Mullin asked Mr. Stackhouse if the sewer pipe along 322 is anticipated to be installed in June 2023. Mr. Stackhouse replied that it will be done soon after school is closed. They also had meetings with PECO and PennDOT, and they are obligated to give the Township thirty days’ notice when the roadway will be closed, and they will provide a full traffic diversion plan and schedule. Once it has been signed off on by all parties, he will disseminate information to the public.
Mr. Stackhouse replied that the Willows’ first apartment building is getting rough inspection and the second apartment is almost completed and will have U&Os issued in the third quarter.
Fire Department Chief Taylor – Chief Elias noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Taylor noted that there was a significant house fire on April 24, 2023 located on West Morgan Drive with[AS1] no injuries. Chief Taylor also noted that the fire department closes roads during incidents/fires for first responders’ safety. Unfortunately, they cannot give 24 hours’ notice before that is done.
Director of Building & Life Safety & Public Works Mr. Stackhouse – Mr. Stackhouse noted a few highlights from his departments’ March 2023 reports, which were previously provided to the Board.
Mr. Stackhouse noted that Chipotle and Starbucks at 3203 and 3219 Lincoln Highway submitted building permits and they are in review and the old US Supply building located at 2751 was demolished and purchased by KIA who anticipate doing a subdivision and land development project in the back and leaving the pad site open for a potential future development.
Commissioner Mullin asked if they are going to park vehicles in the vacant lot. Mr. Stackhouse replied that he made it clear that they cannot have vehicles in the vacant lot.
Mr. Stackhouse noted that Assistant Fire Marshall, Ryan Lewis was hired. Mr. Lewis has is newly certified fire 1 and 2.
Tony Wagner of 207 Thornridge Drive asked Mr. Stackhouse and the Board what the maximum height of a fence is in Thorndale. Mr. Stackhouse replied, “6 feet”. Mr. Wagner asked if the Township would take action if a fence was over 6 feet. Commissioner Mullin asked if the fence is 10 feet? Mr. Wagner replied that it is two to four inches higher. Mr. Stackhouse replied that he will not do anything about that. Mr. Stackhouse also replied that the height of a fence is based on the measurement across the entire length of the fence. Mr. Wagner asked if it would be a violation if the entire fence is above 6 feet. Mr. Stackhouse replied “yes”. Mr. Wagner noted that he provided Mr. Stackhouse with measurements that he took, which are above that measurement, and he decided not to take action. Mr. Stackhouse replied, “That is correct, because I told you it was not over 6 feet over the entire length of the fence”. Mr. Wagner invited Mr. Stackhouse to visit 207 Thornridge Drive and walk the fence with him. Mr. Stackhouse replied, “no thanks”. Mr. Wagner asked if this is because you do not want to do your job or because it is not a violation. Commissioner Mullin noted that he will walk the fence with Mr. Wagner. Mr. Wagner noted that this will be fine.
Minquas Fire Company Ambulance Chief Steward – Chief Steward noted a few highlights from his department’s March 2023 report, which was previously provided to the Board.
Chief Steward noted that they will have two new units in operation in two weeks, and they are fully staffed at full time and per diem.
Mark DeYoung of 20 Beaver Run Road asked if the arts and craft show was on Saturday because of the weather. Chief Steward replied that it is and it will be an inside affair.
Commissioner Mullin introduced the new Golf Manager/Superintendent, Nicole Shannon. Ms. Shannon noted that they are month over month up by $10,000.00 and she is excited to work at the golf course. Commissioner Mullin noted that Ms. Shannon can email the Board if she ever needs anything.
Additional Business
Request for Consideration to Authorize the Board President to Sign a Contract with Thesing Power Sweeping, Inc., in the Amount of $13,056.80 for the 2023 Street Sweeping – Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked what “dump trucks in place” means. Mr. Stackhouse replied that it means that the Township must have dump trucks in place so they can dump cinders and the public works department hauls them out and dumps them. Commissioner Mullin noted that he noticed that there is an hourly rate if there is a place they cannot get to and the Township requests that they come back out. Mr. Stackhouse noted that the street sweeper will go around vehicles and if the Township has the cars moved and the Township asks the company to go back, they will charge the hourly rate. Mr. Stackhouse also noted that they let the residents know as close to possible when their roads will be done. Commissioner Kennedy noted that the contract has an expiration date of May 1, 2023. Mr. Stackhouse replied that they may have to get that amended. Mr. Stackhouse noted that the street sweeping must be done before the line striping. Commissioner Mullin asked Mr. Stackhouse if the company uses the Township water. Mr. Stackhouse replied that he has to work with the water provider and designate fire hydrants for them to use.
Commissioner Mullin entertained a motion to authorize the Board President to sign a contract with Thesing Power Sweeping Inc., in the amount of $13,056.80 for the 2023 Street Sweeping Program. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 4-0 with Commissioner Young having stepped away.
Public Comments
Tom Parr of 582 Lloyd Avenue thanked Ms. Swan for all the work she did on Tree Maintenance Day, thanked Mr. Stackhouse and Chief Elias for meeting with the Historical Commission concerning the hexagonal school lights and Spackman Farm. Mr. Parr congratulated Commissioner Evans for being voted on the Board of Directors of the Chester County Historic Network.
Donna DiPrinzio Historical Commissioner member and treasurer noted that the Township Manager has notified her that the liability for the Town Tour is under the Township policy.
Tony Wagner of 207 Thornridge Drive congratulated Commissioner Evans and stated that Ms. Swan is a “rock star” for the Township. Mr. Wagner asked who determines the percentage of rentals rented under market value at the Willows at Valley Run. Commissioner Young replied that it is determined by the Pennsylvania Housing Authority. Commissioner Young also noted that 10% of the rentals are for people with disabilities and low-income residents, and that low income in Chester County is in the range of $30,000.00 to $50,000.00. Commissioner Evans noted that in Chester County we assume a certain amount of privilege because many of our incomes are above a certain level. Commissioner Evans pointed out that middle income is not cheap. Commissioner Evans also noted that the terminology can be twisted in a way to make it seem unseemly when it is not.
Commissioner Mullin noted he read the Historical Commission’s 2022 report and stated that it is amazing. Commissioner Mullin questioned the statement that says they are going to ID the historical resources along Lincoln Highway. Commissioner Evans noted that they have a bit of a list; however, they cannot obtain information on a couple of addresses like the Babies “R” Us. He believes it was part of the electric farm, that this area had the first electrified farm. Commissioner Evans also noted that Wiggins Auto Tags was the first Toll House on Lincoln Highway and across the street is a two-floor duplex that was the 1801 Gallagherville Inn.
Commissioner Mullin asked Commissioner Evans what “PA Share” is. Commissioner Evans replied that it is an online tool that allows them to upload all the information to apply for a Designation of Eligibility for the National Registry (DOE). Commissioner Evans also noted that within ninety days they will have the Milling District in there and ready to upload for consideration for designation on the national registry. It also allows them to point out where our historic properties are, create maps, and upload success stories.
Adjournment – Commissioner Mullin entertained a motion to adjourn the April 27, 2023 Board of Commissioners meeting at 8:27 PM. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Respectfully Submitted,
Denise Miller
Assist. Township Secretary
| commissioners_minutes_04.27.2023.pdf |
