Board of Commissioners May 30, 2024
7:30 PM Hybrid Business Meeting Minutes
Board Members Present: Paul Mullin-President, Joshua B. Young-Vice President, Jane Kennedy-Commissioner, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Don Vymazal-Township Manager and Secretary, Denise Miller-Assistant Township Secretary and Administrative Assistant, Lisa Swan-Director of Finance and Township Treasurer, Police Chief Elias, Johnnie Huggins-Director of Public Works, Ray Stackhouse-Director of Building and Life Safety, and Nicole Shannon-Ingleside Golf Course General Manager/Superintendent.
Professionals Present: Kristin Camp-Township Solicitor, Ross Bickhart-Gilmore & Associates, Chief Taylor-Thorndale Volunteer Fire Company, and Scott Risbon and Gina Gerber representing Bondsville Road Realty Ventures.
Special Guest: Chairman March of the Civil Service Commission.
The Board of Commissioners’ (BOC) May 30, 2024, agenda was posted on the Township website, at the Township building on May 29, 2024, and agendas were made available for the public, at the meeting. The 2024 Township BOC meetings were published in the Daily Local Newspaper, on December 27, 2023.
Commissioner Mullin called the meeting to order at 7:35 PM and Salute to the Flag.
Call to Order and Salute to the Flag
Commissioner Mullin noted an Executive Session on May 28, 2024, and one prior to tonight’s meeting both regarding legal matters.
Opening Comments – Commissioner Evans stated that instead of opening comments at the beginning of the Board meetings, Board members will rotate meetings with a welcome greeting at the beginning of the meeting.
Citizens to be Heard – There were none.
1. Awards and Presentations
1.1 Recognition of Service – On behalf of the Township, Commissioner Mullin presented Isabel Clark with a certificate for her service on the Parks and Recreation Board. The Board and Ms. Swan thanked Ms. Clark for all her service.
2. Township Solicitor
2.1 Bondsville Road Realty Ventures CU Extension Request – Ms. Camp noted that the Applicant sent the Township a letter requesting an extension until March 1, 2025. Ms. Camp suggested May 29, 2025, due to the time lapse from the letter to this meeting.
Commissioner Mullin noted that Zoom is having technical difficulties and residents cannot be heard.
Commissioner Mullin entertained a motion to approve Bondsville Road Realty Ventures request to extend their Conditional Use Approval for a Senior Independent Living Facility located at 415 Bondsville Road, until May 29, 2025. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-1.
2.2 Bondsville Road Realty Ventures Final LD Plan 5-Year Extension Request – Ms. Camp noted that the state law says that an applicant has a 5-year time frame to substantially complete the improvements after they receive Preliminary Land Development approval. Bondsville Road Realty Ventures has not substantially completed those improvements; however, the law allows an applicant to ask the Board to extend that time frame. This does not render null and void the approval, it means that if the Board doesn’t extend their time period, then the applicant would have to go back and bring the plan current to any ordinances that have been adopted since their preliminary plan application.
Ms. Camp noted that the Applicant has asked the Board to extend their time frame on the validity of the plan and to not require them to comply with ordinances that were adopted since their preliminary plan application. After research, Ms. Camp also noted that she and Mr. Stackhouse are only aware of the 2022 Stormwater Management Ordinance that could affect the plan.
Commissioner Evans stated that he is concerned about the water flow, so he would like the Applicant to use the 2022 new ordinance. The water flows north, south, east, and west, so it affects other properties. Mr. Risbon replied that their professionals reviewed the Township’s new ordinances regarding stormwater management, and they meet those ordinances. Their engineers made them over engineer the project, and they fit that level.
In the best interest of the Township, Commissioner Mullin suggested to deny this request and have the Applicant make sure that the stormwater management is taken care of properly.
Cheryl Spaulding of 406 Lloyd Avenue agreed with Commissioner Mullin’s suggested denial.
Commissioner Mullin entertained a motion to deny Bondsville Road Realty Ventures’ request to extend a 5-year window to substantially complete the improvements from the approved Final Land Development Plan for 415 Bondsville Road. Moved by Commissioner Evans and seconded by Commissioner Young. The vote passed 5-0.
2.3 Mobile Food Facilities Ordinance Advertisement – For Board consideration, Ms. Camp offered the Mobile Food Facilities ordinance for advertisement. Ms. Camp noted that this ordinance will create a new chapter 100 of the Township code.
Commissioner Mullin entertained a motion to advertise the Caln Township proposed Mobile Food Facilities ordinance. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
3. Engineering
3.1 2024 Road Program Bid Advertisement – Mr. Bickhart noted that the roads for bid are Morgan Drive, Longview Drive, Ridgeview Drive, and alternate Suzanne Drive. Commissioner Mullin noted that it would make sense to pave Suzanne Drive since they will be paving that area.
Commissioner Mullin entertained a motion to approve Gilmore and Associates to put the 2024 Road Program out to bid per the attached dates, maps, and cost estimates. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 5-0.
3.2 Reed Street Drainage Improvements Project – Mr. Bickhart stated that Foresite Concepts is currently working on the punch list items. They are on track to come in slightly under budget on the original bid.
Commissioner Mullin entertained a motion to approve Payment #8 in the amount of $215,432.40 payable to Foresite Concepts, LLC for the Reed Street Drainage Improvements Project. Moved by Commissioner Young and seconded by Commissioner Tindaro. The vote passed 5-0.
3.3 Spackman-Davis Farmhouse Roof Project – Mr. Bickhart noted that the bid package should be ready for the June 13th Board meeting requesting authorization to put it out to bid.
Tony DiSario of 251 Loomis Avenue asked how the roof project is funded. Mr. Vymazal replied that the Township is researching grants; however, the roof project is funded through the fee-in-lieu of open space fund, which is funded by developers.
4. Township Manager
4.1 Gilmore & Associates Grant Opportunities PSA – Mr. Vymazal noted that he submitted a pre-application for the ARLE grant fund, which is funded out of the red-light enforcement in the city of Philadelphia. Two locations on Lincoln Highway were submitted for, which have been problematic with pedestrians and cyclists primarily due to limited lighting and inadequate pedestrian access. The preliminary application is for approximately $500,000.00. PennDOT gave the Township approval to move forward with the red-light program and proceed with the full application. Mr. Vymazal also noted that Mr. Bickhart provided initial preliminary support on cost estimates and technical matters associated with the pre-scoping application.
For Board consideration, Mr. Vymazal offered a PSA for technical support and meetings that need Gilmore’s attendance.
Commissioner Mullin entertained a motion to approve Gilmore & Associates PSA for a Not-to-Exceed cost of $3,000.00 on a time and materials basis to assist with grant opportunities and applications that the Township would like to pursue. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
4.2 Parks and Recreation Resignation – Mr. Vymazal noted that the Township received a May 1, 2024, resignation letter from Isabel Clark. This motion would formalize what was alluded to earlier with her award presentation.
Commissioner Mullin entertained a motion to accept the resignation from Isabel Clark from the Parks and Recreation Boards’ remaining 2024-2028 term. Moved by Commissioner Kennedy and seconded by Commissioner Young. The vote passed 5-0.
4.3 Parks and Recreation Appointment – Mr. Vymazal noted that the Board interviewed Katie Brauchle earlier tonight and they are authorized to appoint her to the Parks and Recreation Board if they wish.
Commissioner Mullin entertained a motion to appoint Katie Brauchle to the Parks and Recreation Board for the remaining 2024-2028 term. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
4.4 Downingtown Library Donation – Mr. Vymazal noted that the Township received a donation letter from the library. $18,150.00 is in the budget and he will have the donation processed immediately.
Commissioner Young stated that the library also has community events, DVDs, and movies, and they provide a lot of people with hope and the ability to mobilize themselves again. He also stated that the libraries receive state and county funds; however, they rely heavily on municipalities to fund their programs and run the library during the day.
4.5 Honorary Street Name Designation Signs – For Board consideration, Mr. Vymazal offered two revised “Dedicated To” Honorary Street name Designation signs. Commissioner Kennedy asked if the signs will be ready for the unveiling of the sign for the family on June 12 or 13. Mr. Huggins replied that he will order them tomorrow and they will be delivered in approximately two weeks.
Commissioner Mullin entertained a motion to approve the Honorary Street Name Designation signs. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
Tony DiSario of 251 Loomis Avenue asked the names that are going on the signs. Commissioner Mullin replied that the signs are for Bishop George Eggleston and Thelma Vaughn.
4.6 Friends of Spackman-Davis Farm Public Gathering Event Application Fee Waiver – Mr. Vymazal noted a permit is required for the event application for June 29th. Up to 150 people the fee is $50.00 and 150 to 250 people is $75.00.
Donna DiPrinzio of 211 Garden View Drive representing Friends of Spackman-Davis Farm 501c3. They were formed out of a need to support the Township’s effort at the farm. Ms. DiPrenzio requested a fee waiver for their public gathering application because they need to minimize upfront costs. Ms. DiPrenzio noted that the Township will be the sole beneficiary of the June 29th event.
Commissioner Mullin entertained a motion to waive the Friends of Spackman-Davis Farm Public Gathering Event Application fee of $75.00. Commissioner Mullin asked if the $75.00 application fee covers 250 to 500 visitors. From a parking standpoint, Mr. Vymazal stated that he does not believe that 250 to 500 visitors are a target. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 5-0.
4.7 Friends of Spackman-Davis Farm Alcohol Beverage Use Request – Mr. Vymazal noted that this request is for the use of alcohol at the 29th event. Mr. Vymazal also noted that the Township code prohibits alcohol use in public parks unless the Board allows that use to occur. A portion of the sales will be used to support the fundraising efforts of the Friends of Spackman-Davis Farm non-profit.
Commissioner Kennedy asked if Caln Township is opening this up for the use of alcohol at Township parks. She is also concerned that the Township will receive more applications to use alcohol in Township parks and have to deny them but approve this request, and the liability. Commissioner Young replied that there used to be a beer garden at Community Day. Commissioner Evans stated that in this particular case, the Board needs to be careful to wade too far into this because the Township Historical Commission is connected with this group, so it is free and more along the lines of a community day.
Commissioner Evans also noted that the vendor is selling a glass of wine for $5.00 and keeping $1.00 from the sale. The rest would be a donation to the 501c3. Mr. Vymazal noted that in order to serve an offsite event of this type they are required to have the proper license through the Liquor Control Board who grants a certain number for Pennsylvania based wineries, breweries, and distilleries. Anyone serving alcohol at any event under one of those satellite licenses is required to have a Responsible Alcohol Management Program (RAMP,) which is for safe serving standards, proper coverage, training, and certification in order to attend and provide alcohol.
Commissioner Young noted that this is different than someone having a family reunion in the park, and it would have to have some kind of community benefit for him to approve a request.
Donna DiPrenzio of 211 Garden View Drive commented on the practice of selling beer and wine at a non-profit event. She also noted that Dressler Estates is the wine vendor, and they have all the prerequisites. Commissioner Mullin stated that he does not think this is the right environment to have wine and spiked cider because it is a community event, and there is a lot to do before the property is ready for the public.
Commissioner Mullin entertained a motion to approve the Friends of Spackman-Davis Farm alcohol beverage use request for an event to be held on June 29, 2024. Moved by Commissioner Young and seconded by Commissioner Evans. The vote was 2 yeas, 1 nae, and 2 abstentions. Commissioner Young noted that you cannot abstain as a vote unless there is a reason, so he asked for a roll call vote.
Commissioner Mullin called for a roll call vote. Commissioners Young and Evans voted yea. Commissioners Mullin, Kennedy, and Tindaro voted nae. The vote failed.
4.8 Acknowledge Civil Service Commission Revised Rules Resolution – Mr. Vymazal noted that the revisions are to incorporate paid fire fighters into the Civil Service Commission (CSC) rules, regulations, and authority.
Mr. Stackhouse noted that fire staff is required to be hired by the CSC. He also noted that there are three career firefighters. He also noted that the revisions were vetted by Chairman March.
Chairman March noted that the Pennsylvania rules for the first-class township code provides for the CSC to include language about police departments, police officers, fire departments, and firefighters. The former rules did not include language about a fire department or firefighters.
Commissioner Mullin entertained a motion acknowledging the Caln Township May 22, 2024, revised Civil Service Commission rules. Moved by Commissioner Young and seconded by Commissioner Kennedy. The vote passed 5-0.
4.9 Civil Service Commission Alternate Appointments – Mr. Vymazal offered two alternates to the CSC.Commissioner Young noted that both candidates have fire experience and have been with the township or the fire department for years. Commissioner Mullin asked Chairman March how many members are currently on the CSC. Chairman March replied that there are three members and one alternate member, and the rules allow for two additional alternates.
Commissioner Mullin entertained a motion to appoint Michael Murphy and Ron Miller as Civil Service Commission alternates for a 2024-2029 term. Moved by Commissioner Tindaro and seconded by Commissioner Young. The vote passed 5-0.
4.10 Request for Board Approval of the Civil Service Commission Official Eligibility List and Certification of Police Applicants – Mr. Vymazal noted that this motion is regarding the approval of the eligibility list and certification of police applicants. Chairman March noted that the CSC adopted the eligibility list consisting of five members for three Vacancies. The CSC rules require that a number of vacancies plus two be certified, and considering that the Township is hiring three, they had to certify five names.
Commissioner Mullin entertained a motion to approve the Civil Service Commission Official Eligibility List and Certification of Police Applicants. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 5-0.
4.11 Request for Board Approval of Conditional Hiring Offers – Mr. Vymazal noted that this motion is regarding the conditional hiring from the certified eligibility list.
Commissioner Mullin entertained a motion to approve conditional hiring offers for Jablonski and Pohlig. Moved by Commissioner Young and seconded by Commissioner Tindaro. The vote passed 5-0.
4.12 Request for Board Approval of a Conditional Hiring Offer Pursuant to a Cadet Sponsorship Agreement – Mr. Vymazal noted that this motion is for Board consideration to approve a conditional hiring offer pursuant to a Cadet Sponsorship Agreement.
Commissioner Mullin entertained a motion to approve a conditional hiring offer to Oxendine- Costello pursuant to a Cadet Sponsorship Agreement. Moved by Commissioner Kennedy and seconded by Commissioner Young. The vote passed 5-0.
5. Board Minutes to Approve
5.1 May 9, 2024 – Commissioner Mullin entertained a motion to approve the May 9, 2024, Board Workshop Meeting minutes. Commissioner Evans asked to have the minutes tabled until the next meeting. The Board agreed.
6. Finance Department
6.1 Financial Report – Ms. Swan noted that the financials have been updated to incorporate the other pieces of the annual tax bill. She also noted that the Township audit will be presented at the June Board meeting. It has taken a little longer than usual because auditors are now required to take a deeper look into the technical contracts.
6.2 Check Approval – Commissioner Mullin entertained a motion to approve checks 52018 to 52132, and manual check 303. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 5-0.
7. Monthly Director Reports
7.1 Building and Life Safety – Mr. Stackhouse noted that he attended a tabletop exercise for all emergency services with the county to review their Emergency Operations Plan. FEMA sent him the reimbursement amount for all the Ida projects. He disagreed with the reimbursement amount and representatives from FEMA and PEMA agreed with his assessment and resubmitted additional amounts for two projects. There will be firefighter testing on July 30th.
7.2 Ingleside Golf Course – Ms. Shannon noted a lot of mixed reviews have been received from the Public. Commissioner Evans asked how much revenue is generated from the sale of beer. Ms. Shannon replied that she does not have an amount at this time; however, she can provide an approximate amount for him.
7.3 Minquas Fire Company Ambulance – No report given.
7.4 Police Chief – Chief Elias reported on the citizen concern from a previous meeting regarding speed signs on G. O. Carlson Boulevard. Chief Elias noted that the speed limit signs are consistent with the requirements of the code. This is a Township Road so it is the Board’s prerogative to add additional signs, with 71,000 vehicles on the east-bound lane and approximately eighty thousand on the west-bound, the speeding was at 1% percentile over the speed limit The number of calls at the CCIU is unsustainable. Mr. Vymazal noted that staff will continue to work with leadership, and they plan to have a plan in place before the school year begins in the fall. Commissioner Young asked Chief Elias to highlight the milestones in his monthly reports like Staff Sergeant Miller making 18 years of service.
7.5 Public Works – Mr. Huggins noted that public works installed a new volleyball net in Lloyd Park. Commissioner Mullin asked Mr. Huggins to have the sign at the corner of G.O Carlson and 340 painted.
Thorndale Volunteer Fire Company – Chief Patrick noted a large compost fire on Kings Highway; however, it is contained but will burn for several weeks, and on April 11th they took delivery and ownership of a new Utility Chassis.
8. Additional Business – There was none.
9. Public Comment
Chris Frich 250 Seltzer Avenue stated that she is concerned with the stormwater issues in the Colonial Gardens Development. Ms. Frich also stated that she has a pipe in her backyard that was commissioned by a former township commissioner to be installed and caused a huge sink hole two feet from her house. Commissioner Mullin noted that the pipe comes from Watson Avenue through the properties and exits onto Seltzer Avenue in front of Ms. Frich’s property. Commissioner Mullin asked Mr. Vymazal to schedule a time to meet with Ms. Frich.
Dawn Coughlan of 4019 Edges Mill Road stated that people are looking forward to the June 29th picnic. She also suggested inviting the Farmhouse Coffee and Espresso Bar to the event.
Commissioner Evans stated that they may have to cancel the event because advertising that has already gone out stating that alcohol would be available.
Tom Parr of 582 Lloyd Avenue stated that he is disappointed that the event may have to be cancelled and respectfully requested a revote on the alcohol vote.
10. Adjournment – Commissioner Mullin entertained a motion to adjourn the May 30, 2024, Board Business Meeting at 9:50 PM. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
Respectfully submitted,
Denise Miller,
Assist. Twp. Secretary
commissioners_minutes_05.30.2024.pdf |