Meeting Minutes for Caln Township
Board of Commissioners
June 8, 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.
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, and Denise Miller-Assistant Township Secretary, Ray Stackhouse-Director of Building and Life Safety and Public Works.
Professionals Present: Karl Schmit P.E. representing ARRO, and Ross Bickhart P.E. Gilmore and Associates.
Special Guest: N/A
The Board of Commissioners June 8, 2023 agenda was posted on the Township website, and at the Township building, on June 7, 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 paper, on December 27, 2022.
Citizens to be Heard
Commissioner Mullin called for Citizens to be Heard.
Tony DiSario of 251 Loomis Avenue asked the Board for the number of callers logged onto the meeting via Zoom. Commissioner Mullin replied “7”.
Township Solicitor – Ms. Camp
N/A
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.
“Smoke from a distant fire” was a Billboard Top 40 hit for the Sanford-Townsend Band in 1977. But this week the smoke from a distant fire is something real that we can see, smell, and taste. Breathing in the effects of the Canadian Wildfires reached the Red Alert stage today, and it’s possible this could last into next week. Please stay inside if you can, be careful out there if you can’t, and wear an N95 mask – something tells me most of us still have a couple on hand J Also remember that our furry family members are just as susceptible as humans so try to keep their walks short and don’t leave them outside for extended periods of time.
Times like these remind us that our dedicated Public Works team is out there in all of it, just like the old unofficial Post Office Creed says – “Neither Snow, nor Rain, nor Heat, nor Gloom of Night”. And as summers get hotter, storms get more intense, and smoke from wildfires far away become more widespread, our Public Works team will be out there in the elements. If you pass by one of their trucks, try giving a wave to let them know they’re appreciated!
Thank goodness Jimmy Jorge and his Latin Express dance concert was last Friday night and not this weekend. There was enough smoke from that stage (in a healthy way) without the additional smoke for the wildfires! Again – thanks to Parks & Recreation for making these wonderful events happen!
This just in from a good neighbor: “I saw a driver stranded today after having turned off Caln Road and trying to enter Blackhorse Hill Road, but she couldn’t see past cars waiting to turn onto Caln. I backed up and signaled to her when it was safe to proceed. If I hadn’t done that, she risked entering a dangerous traffic blind also obstructed by weeds”. Thank you for being a good neighbor.
Today someone posted on a social media site that a pipe bomb was found by a mailman at an undisclosed location in Thorndale. It was not true. Our police department investigated after being alerted to the post, identified the individual responsible for the post and determined that the post was related to something that happened in January 2020. Over 3 years ago.
Chief Elias stated that “recently, and separate from the pipe bomb post, while our department was investigating a potentially dangerous situation involving an abandoned property in the Township, gross misinformation was posted by a resident on social media. Unfortunately, when that occurs, it could impede our ability to do our job effectively, it creates confusion and alarm for those impacted, it fuels more misinformation throughout the community, and potentially erodes public trust. Sometimes we spend a considerable amount of time addressing misinformation, and that takes away valuable time that could be spent addressing actual public safety concerns”.
We often say, “have a good day”. I recently heard a friend say, “GIVE a good day.” Yesterday I was in a mood, driving home from a meeting in unexpected traffic. Coming up on a heavy merge, I slowed to allow a merging car in front of me. They got halfway in and slammed on their breaks. Causing me to slam on my breaks. Causing the car behind me, already accelerating to go around, to almost hit me. I gave a little toot of the horn to ask the guy I let in to move up a little so I wouldn’t get clipped. Well, you know how this is going to go. As with most things these days, my horn was misinterpreted as an attack. The driver I’d just helped started making a variety of “unfriendly” hand gestures out his window. I felt my “ticked off/how dare you” meter go red. Then thought “I don’t want to feel like this, what can I do to make this situation better?” I put on my flashers, opened my passenger window, waving disarmingly as I slowly pulled up beside them and gently said, “hey, I was just asking you to pull up a little, so I don’t get hit from behind”. They realized they’d misunderstood me, and embarrassed they replied “oh, I’m so sorry, I thought you were yelling at me”. “No”, I said. “Really sorry”, they repeated. “No worries”, and just like that, we were both smiling, wishing each other well, as we went on to whatever adventures the day would hold for each of us. The lesson for me to remember is – people often don’t “hear” what we’re trying to say, they tend to hear what they assume we’re saying. And that assumption is based on and affected by the multitude of interactions we’ve already had throughout the day, the good and the bad, all leading up to that moment.
I think on the inside we all long to be heard, to be understood. But our egos and fears get in the way. It’s okay to pause and ask, “I’m not sure if I heard you right, could you help me understand?” There’s very little that can’t be fixed if we’re willing to humble ourselves long enough to try to understand each other, to let our guard down and “GIVE a good day”.
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.
Township Engineer
Request for Consideration of Payment Application #1 for Lobar Site Development Corp., in the Amount of $270,724.72 for the Municipal Drive Bridge Replacement Project – For Board consideration, Mr. Schmit offered payment application #1 for Lobar Site Development Corp., in the amount of $270,724.72 for the Municipal Drive Bridge Replacement Project.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy noted work being done on the bridge, however; nothing seems to be getting done. Mr. Schmit replied that last week the footers were put in and the arches are being set on June 12, 2023 at 7:00 AM. It takes the crane about an hour to set up so this will be morning work.
Commissioner Mullin asked Mr. Schmit if the rainwater affected anything with the bridge. Mr. Schmit replied they have a pumper out system and small electrical pumps that are in little depressions that are keeping the area dry, therefore not causing buoyance to the footers.
Commissioner Mullin asked about the difference prices in their documentation. Mr. Schmidt replied that the amount should be $270,724.72 not $274,724.72. Mr. Schmit also replied that he will revise their recommendation letter with the correct amount.
Commissioner Mullin entertained a motion to approve payment application #1 for Lobar Site Development Corp., in the amount of $270,724.72 for the Municipal Drive Bridge Replacement Project. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration of Payment Application #2 for MOR Construction Services, Inc. in the Amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project – For Board consideration, Mr. Schmit offered payment application #2 for MOR Construction Services Inc., in the amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project. Mr. Schmit noted that the price difference is because they deleted item #12, in the amount of $1,111.00 because it was not in the contract nor was it approved by the Board therefore, ARRO will absorb the cost.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit to explain what work was done for #12. Mr. Schmit explained that after all the work was done, they painted the line a little longer.
Commissioner Mullin entertained a motion to approve payment application #2 for MOR Construction Services Inc., in the amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration of a Compensating Change Order for KBC Construction, LLC in the Amount of $6,915.00 for the North Bailey Road Drainage Improvements Project relating to Water and Gas Mains – For Board consideration, Mr. Schmit offered a compensating change order for KBC Construction LLC, in the amount of $6,915.00 for the North Bailey Road Drainage Improvements Project, specifically related to construction for water and gas lines underground that were not located where they were reported to be.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked how far off were the water and gas lines. Mr. Schmit replied that the gas line was where it was painted, and the water main moved 45 degrees out into the road and 45 degrees back, so the water main was put in where the old gutter inlet box was in the ground. That line was the main one that was in conflict. Mr. Schmidt also noted that most utility companies do not have as-builts which show the depth of the pipes, so when you call PA One Call, they come out and use a metal detector with great accuracy. The vertical depth was in the way as well, so the stormwater pipes had to move around both mains and go a little deeper. When it went deeper, they excavated and backfilled quite a bit more. Commissioner Mullin noted that he is thankful that an incident did not happen, and no one was hurt. Commissioner Kennedy asked Mr. Schmit who would pay for an incident if something had happened. Mr. Schmit replied that when you use PA One Call, and they paint their lines and if you encounter them in a different location the utility companies must pay.
Commissioner Mullin asked Mr. Schmit to explain why ARRO is not charging the Township $938.99 for the new concrete riser section. Mr. Schmit replied that the extra was not in the bid form or part of the project. Commissioner Mullin thanked Mr. Schmit.
Commissioner Mullin asked Mr. Schmit if this project is still within budget. Mr. Schmit replied that $6,915.00 is an increase on the original estimate.
Commissioner Mullin entertained a motion to approve a compensating change order for KBC Construction LLC, in the amount of $6,915.00 for the North Bailey Road Drainage Improvements Project relating to water and gas mains. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Township Manager – Ms. Denne
Dates for Zoning Review Meetings – Ms. Denne noted that the county provided suggestions of additional things that need to be added for the Township ordinance to be complete. Commissioner Evans asked Ms. Denne to share the county’s suggestions with the zoning ordinance review subgroup. Ms. Denne replied that she will share the county’s’ suggestions with everyone. Ms. Denne asked the Board if June 29, 2023, and July 13, 2023 from 6:30 PM to 7:30 PM are acceptable to them for the zoning ordinance review meetings. The Board agreed to those dates.
Updates on G.O. Carlson Boulevard (G.O. Carlson) Emergency Repairs and Bid Tabulation
Mr. Bickhart noted that they reached out to five bidders to get pricing and all five responded. Three of the five were within the anticipated range of $50,000.00 to $75,000.00. Mr. Bickhart also noted that the low bidder is E&K Construction Services, whom they have worked with before and are very confident that they have the skills needed to perform this work.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked what type of repairs are being done. Mr. Bickhart replied that there was a vehicle impact on the south side of G.O. Carlson and the guide rail caused the post to hit the wall, which is buckling out towards the adjacent property. Mr. Bickhart also replied that there is a big heavy wall that is pushed against where the existing wall is leaning and supported by steel beams that are onto a heavy embedded concrete block.
Mr. DiSario asked that boulders are not used like they were two years ago on the north side because the boulders blocked the stream water flow.
Commissioner Young noted that the water was in the gully before, and it washed out resident driveways. Commissioner Young also noted that there will be no additional water, however, it can carry more.
Mr. Stackhouse noted that there is a project for the north end of the culvert coming before the Board for approval to be put out to bid. Mr. Stackhouse also noted that Mr. DiSario is talking about the embankment eroding from the stream, which severely undermined the pipe and the end wall. Several years ago, stone was put in to try and fix it, however; it continued to erode and failed.
Commissioner Mullin entertained a motion to approve a contract to E&K Construction Services, in the amount of $59,995.00. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Letter to Brandywine Conservancy for Beaver Creek Trail – Ms. Denne noted that the Township is applying for a mini-grant for the Beaver Creek Trail Segment 4, in the amount of $7,500.00. Ms. Denne also noted that this grant is for the assessment and survey of the wetlands in the area of the Beaver Creek Trail.
Commissioner Mullin called for Board and resident comments.
Tony DiSario of 251 Loomis Avenue asked if the Township has received any grants towards the $8.1 million dollar trail. Ms. Denne replied that the Township received approximately $65,000.00 for the design of the trail. Mr. DiSario also noted that he doesn’t want to see $8.1 million come from his taxes.
Commissioner Evans noted that the trail and grants are done in pieces.
Review of LED Project Progress and Payment Requests
Commissioner Evans noted that these are for Lincoln Highway. Commissioner Young also noted that the lights make a big difference at intersections. Commissioner Young also noted that he was driving route 340 and Lincoln Highway and could see vehicles coming before he approached the intersection.
Commissioner Mullin entertained a motion for payment to Armour & Sons, in the amount of $98,744.43 for the installation of LED retrofit lighting. Moved by Commissioner Young and seconded by Commissioner Tindaro.
The vote passed 5-0.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion for payment to Keystone Lighting Services, in the amount of $7,528.63 for the administration and management of the LED Conversion Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Easement Approval for 50 James Buchanan Drive for G.O. Carlson Boulevard Emergency Repairs – For Board consideration, Ms. Denne offered a temporary easement for 50 James Buchanan Drive. This easement is in relation to the issues on G.O. Carlson Boulevard (G.O. Carlson) and to clean all the streams in the area.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked where exactly James Buchanan Drive is. Commissioner Evans replied that it is where the business Human Services is located. Commissioner Mullin asked what work is being done there. Mr. Stackhouse replied that they did some work in the stream closer to G.O. Carlson. They cleaned out the culverts and dredged some of the stream under an emergency Department of Environmental Protection (DEP) permit, which covers the upper section. It then crosses the two access drives at 50 James Buchanan Drive. Mr. Stackhouse also replied that the work will include the removal of gravel bars and the installation of new pipes under those driveways and end walls on either side, so those driveways do not wash out in the future. Commissioner Mullin asked if the entrances will be closed. Mr. Stackhouse replied that they will be closed one at a time.
Commissioner Mullin entertained a motion for an easement agreement for James Buchanan Drive for G.O. Carlson Emergency Repairs. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Ordinances and Resolutions for Consideration
Request for Consideration to Adopt Resolution 2023-15 a Resolution Establishing Guidelines for the Use and Operation of Mobile Food Facilities Within the Township – Commissioner Young asked Commissioner Mullin if he wants to have discussion before making a motion. Commissioner Mullin replied that they can have discussion first. Commissioner Young asked if someone could talk about the impetus of this resolution.
Ms. Denne noted that food trucks are becoming increasingly popular in the Township. The Township has received complaints as to the hours of their operation after business hours. Mr. Stackhouse noted that there are no township ordinances that address food trucks, other than zoning as a temporary use and requiring an operational permit for $250.00 annually. With the increase of food trucks, staff want to make sure that they can operate within the Township under a regulated activity and assure they have a food handlers license, fire protection requirements, and that they operate properly. Mr. Stackhouse also noted that he talked to several food truck handlers and while it may initially cost them a little more money to install some of the things that are required, they will be happier.
Commissioner Young noted that he interprets this as needing a permit to have a food truck in your own driveway. Mr. Stackhouse replied that you are supposed to have a permit to operate for the year. Mr. Young noted that in his opinion, he does not believe a driveway food truck should have to provide structural calculations, fully dimension site plans, indicate spacing from existing building structures, curbs, driveways, sidewalks, parking lots, lights, poles, other poles, and apparatuses. Mr. Stackhouse replied that he understands, however; the Township has the same regulations for fences, sheds etc. Sometimes it is up to the discretion of the permit reviewer, for example: if someone is setting up a single food truck, he will use “Jeffris” because he knows that they plan on using food trucks, they would not require detailed calculations. The reason they have this is because if you have a larger venue that may have up to three food trucks and the possibility of being approved to have multiple trucks with signage, menu boards etc., then that is where you want those increase regulations. Mr. Stackhouse also replied that a food truck at a birthday party or the Parks and Recreation Committee having food trucks at events would not need those in-depth regulations.
Ms. Denne noted that she saw a gentleman with a huge barbecue pit on the side of Manor Avenue Ms. Denne also noted that the Township is not worried about someone having a birthday party with an icy truck for a few hours, they want to regulate parking lots or right of ways.
Commissioner Young noted that this resolution should be tailored to Ms. Denne’s examples, commercial districts, and right of ways. Commissioner Young also noted that have that the reviewer could ignore parts of the resolution. Mr. Stackhouse replied that he did not want to insinuate that they could change the rules. Everywhere in zoning everything is up to the discretion of the zoning officer, so if there is any kind of interpretation about if there is additional information needed or not required that’s even in the building code. Commissioner Evans noted that there could be problems down the road. Commissioner Evans also noted that he looked at the coverage costs in Pennsylvania. The county licensing is under a county health department jurisdiction. The state estimated fees are $241.00, and the Townships are $250.00 annually with two free inspections, and the average ones you do not have to pay for inspections. The state annual fee is $82 compared to the $241.00 for a new license. Commissioner Evans then noted that he would like to accelerate this; however, he would like to make this welcoming, and streamlined more.
Commissioner Mullin asked the difference in the mobile food facility, and the mobile truck compared to someone pulling up and just breaking out a barbecue. Ms. Denne replied that it is a difference when it is a restaurant that decides they want to do a special event and they bring equipment to do an outside barbecue versus someone pulling up in a right of way and doing a barbecue. This is what the township wants to prevent. Commissioner Young noted that the requirement of written consent from the property owners is a good thing.
Commissioner Evans asked Mr. Stackhouse whose ordinances did he review in his research. Mr. Stackhouse replied that he looked at ordinances from the City of Lancaster, London Grove Township, Phoenixville Borough, and Ms. Camp provided him with an ordinance draft.
Commissioner Kennedy asked about a retail facility. Ms. Denne replied that she and Mr. Stackhouse would have to see it before giving an answer. Also, the Township does not allow sales out of a box truck. Commissioner Young noted that a clothing rack outside a business is ok.
Commissioner Mullin noted that the resolution states no more than three food trucks. What about when parks and recreation have multiple food trucks, at their events? Ms. Denne replied that there are not just food trucks, and the Township is not subject to their own ordinances. Mr. Stackhouse replied that there is a section for special permission from the zoning officer or the building code official for additional food trucks and extending the time-period based on a special event.
Commissioner Mullin asked the Board to give their comments to Mr. Stackhouse and Ms. Denne.
Board consensus was to table Resolution 2023-15 until the June 29, 2023 Board meeting.
Request for Consideration to Adopt Resolution 2023-16 Amending Resolution 2023-01 to Add a Fee for Food Truck Permits and Police Document Requests and Services – Commissioner Mullin noted that Resolution 2023-16 will be tabled until the June 29, 2023, because it is the fees for Resolution 2023-15, which has been tabled until the June 29, 2023 Board meeting.
Commissioner Mullin called for public comments. There were none.
Request for Consideration to Adopt Resolution 2023-17 Authorizing the Execution of an Intergovernmental Cooperation Agreement for the Purpose of Joining with Other Municipalities as a Member of the Chester County Emergency Response Commission – For Board consideration, Ms. Denne offered Resolution 2023-17 authorizing the execution of an Intergovernmental Cooperation Agreement for the purpose of joining with other Municipalities as a member of the Chester County Emergency Response Commission.
Commissioner Mullin noted that East Vincent Township, Kennett Township, Schuylkill Township, Tredyyffrin Township, Caln Township, and the Borough of Downingtown are members of this agreement.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to adopt Resolution 2023-17 authorizing the execution of an Intergovernmental Cooperation Agreement for the purpose of joining with other Municipalities as a member of the Chester County Emergency Response. Moved by Commissioner Kennedy and seconded by Commissioner Young.
The vote passed 5-0.
Finance Department
Request for Consideration to Approve the Accounts Payable Bill List for Checks 50177 to 50240 – Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve the accounts payable bill list for checks 50177 to 50240. Moved by Commissioner Tindaro and seconded by Commissioner Young.
The vote passed 5-0.
Minutes to Approve/Acknowledge
Request for Consideration to Approve the May 25, 2023 Board of Commissioners Minutes – Commissioner Mullin called for Board changes, corrections, or additions. Commissioner Mullin and Commissioner Evans noted that they previously provided Ms. Miller with verbiage changes to the minutes.
Commissioner Mullin entertained a motion to approve the May 25, 2023 Board of Commissioners Minutes. Moved by Commissioner Kennedy and seconded by Commissioner Evans.
The vote passed 5-0.
Boards and Commissions Updates – Summary by Applicable Board Liaison
Parks and Recreation – Commissioner Kennedy thanked everyone who attended the Concert in the park with Jimmy Jorge and the Latin Express on June 2 at 6:00 PM.
Commissioner Kennedy noted that there will be a July 7, 2023 8:30 PM movie “Puss in Boots”, Police National Night Out on August 1, 2023 at 6:00 PM, Community Day on September 9, 2023 from 3:00 PM to 8:00 PM, and the Spackman Farm Town Tour on July 20, 2023 from 5:00 PM to 7:00 PM.
Commissioner Mullin noted that someone asked him at the parks and recreation meeting if it is possible to have a fenced in area for small dogs, at the Lloyd Dog Park. Commissioner Young replied that when the fence was constructed, they wanted to put it all around, however; the area where there is no fence is where the flood plain is. This is why the bushes that were planted did not survive.
Commissioner Evans noted that Ms. Eckel-Weiner, Ms. Duzan, and Ms. Swan were weeding invasive plants at Lloyd Park. Commissioner Evans also noted that one of the parks and recreation members suggested starting a cleanup crew for throughout the year.
Commissioner Mullin noted that the parks and recreation members want to see if the flowers around the two memorial benches in the Lloyd Dog Park can survive pet urine. Commissioner Mullin also noted that the lawn crew weed whacked some of the plants in the mulch area.
Commissioner Mullin and Commissioner Evans noted that the Parks and Recreation Board is looking for volunteers.
COG – Commissioner Kennedy noted that the COG meeting was held at the Chester County Public Safety Training Facility in South Coatesville with the intention of pursuing training for high school and middle school students. They are trying to build a curriculum into school districts. They want to have it started in Coatesville to train in these facilities, so by the time students graduate they will have enough credits to become certified firefighters or go into the police field. Ms. Kennedy also noted that they are working on government scholarships.
DARA – Commissioner Mullin moved the DARA report before the Municipal Authority report.
Commissioner Mullin noted that DARA is continuing to review the options related to the draft concept plan for their treatment plant upgrades, which will be necessary to properly provide for the additional one million gallons of treatment capacity currently sought out by the five Municipalities of DARA. Commissioner Mullin also noted a meeting on June 9, 2023, with Township Managers as well as the Liaisons to discuss the upgrades.
Municipal Authority – Commissioner Mullin noted that they heavily discussed the cost of sending their sewage over to PAWC versus the cost of the plant upgrades. DARA upgrades are less expensive in the long run for the Township. They have been trying to get the plant upgrades and more capacity out of DARA for fifteen years or more.
Fire Board – Commissioner Mullin noted that he was not in attendance at the meeting, however; the Fire Board is waiting on the Township’s approval of their agreement.
Historical Commission – Commissioner Evans noted that The Historical Commission met on Wednesday May 17, 2023, and had a quorum with 7 of 11 members in attendance, plus 2 guests.
We heard updates from all but one of our sub-committees.
The primary focus was planning for the upcoming July 20, 2023 Historic Town Tour and Village Walk at Spackman-Davis Farm (TTVW). The TTVW steering committee offered details of their meetings to the full commission and presented a “Storyboard” they’ve been developing. That Storyboard was then presented at the May 25th BOC meeting.
Unless something pressing and unexpected comes up between now and the TTVW, TTVW is all we’ll be working on.
The Steering Committee met at the Spackman Farm on June 3, 2023, thanks to Abbey Swan generously volunteering part of her day off to be there with us. We completed cleaning the Schoolhouse, Smokehouse and Springhouse, and started inside of the farmhouse, and now have a clear vision of how the “sets” will be staged.
Ray Stackhouse, Mr. Huggins, and the Public Works team have been very helpful with clearing poison ivy and repairing a few items that needed attention. Tom Parr and I will be at the farm a few times between now and next Friday getting the big lifts out of the way. Off the record, Tom Parr is already getting my nomination for “Caln Volunteer of the Year”.
Speaking of Volunteers; at the 2023 Chester County Historic Preservation Network (CCHPN) Volunteer Recognition Dinner Wednesday June 21, 2023, the Caln Township Historical Commission will be presented with the CCHPN township award for their work at bringing Spackman-Davis Farm back from the dead. This annual dinner is generally only attended by historical commissions, preservationists, and Chester County history buffs, but it is open to the public. If you want to come out to cheer on your very own historical commission, I believe tickets are still available – and only $25.00 each, they’re a bargain!
Our June meeting will be next Wednesday June 14, 2023 at 7:00 PM. You can join us right here live, or from home via Zoom. We’re a fun group who like getting things done – please consider coming to one of our meetings.
Lincoln Highway – Commissioner Young noted that he does not have a report for tonight.
Ingleside Golf Course – Commissioner Tindaro noted that the first step to upgrading the irrigation system is a computer system that manages the central control of water uses, which currently does not exist. There is no means to monitor the irrigation system efficiency and prevent waste. A reliable computer program will allow them to apply water when and where it is needed, provide a daily report of the system’s performance, and take away any guesswork associated with dysfunctional sprinklers or pipe breaks. This will allow for quick repairs and eliminate the band-aid approach that has carried the golf course for over a decade. The last time this crucial industry standard tool was available was 2011. Commissioner Tindaro also noted that this program is also designed to be upgraded as new technology as more resources become available, making the initial cost a long-term capital investment. The total cost is $24,429.40, which has been approved and paid with previously budgeted 2022 funds. The items originally earmarked for the golf course bridge repairs were $8,000.00, tree care $3,560.00, and a new driving range cart $13,000.00. All three items are either resolved in-house or unnecessary at this time.
Additional Business
Anna Swanson of 1710 Fisherville Road Would Like to Request an Ordinance Be Created Regarding Removal of Dangerous Trees – Ms. Swanson noted that her neighbor’s tree was struck by lightning in 2014 and is now dead. Ms. Swanson also noted that she went to court three times and the owner of the property never showed up. She would like the Board to consider enacting an ordinance to regulate dead trees.
The Board asked Ms. Denne if there was anything that the Township could do to help Ms. Swanson. Ms. Denne replied that Ms. Camp told her that this is a civil matter because it is on private property.
Commissioner Mullin asked Ms. Denne if the Township had anything such as a violation such as tall grass. Ms. Denne replied that the Township can only do something if it is in the Township right of way.
Mr. Stackhouse noted that there have been residents that complained about a tree being dead and multiple times it is not dead. The Township would have to hire someone to inspect these types of complaints to determine if the tree is dead or not. In this case he noted that he told Ms. Swanson several years ago that this was a civil matter. Mr. Stackhouse also replied that he spoke with the property owner where the tree is and was ignored. Commissioner Evans noted that you’re allowed to cut the part of a tree that is hanging onto your property. Commissioner Young asked if there are any legal gymnastics that the Township could try and issue a citation and see what happens. Mr. Stackhouse noted that he will make another attempt at this if the Board directs him to do so, however the problem is that there is nothing under the property maintenance code for dead trees.
Ms. Denne noted that this discussion is going into legal discussion that she is not comfortable with and would rather have Ms. Swanson’s lawyer speak with Ms. Camp.
Commissioner Mullin noted that he would like to see how other municipalities handle this kind of situation. Commissioner Evans noted that the Board discussed this several times in the past. The Township has a lot of rentals and may need stronger language for rental property maintenance.
Ms. Denne suggested that Ms. Swanson have her solicitor call her, and she will get him/her in touch with Ms. Camp.
Additional Business
Commissioner Mullin called for additional business. There were none.
Public Participation
Anna Swanson of 1710 Fisherville Road Would Like to Request an Ordinance Be Created Regarding Removal of Dangerous Trees – Commissioner Mullin moved Anna Swanson ahead of Additional Business.
Tom Parr of 582 Lloyd Avenue thanked Mr. Stackhouse and his staff, Ms. Denne and her staff, and the Board for their help in getting Spackman Farm ready for the town tour on July 20, 2023. The Board thanked Mr. Parr for all his efforts on the town tour.
Adjournment – Commissioner Mullin entertained a motion to adjourn the June 8, 2023 Board of Commissioners Meeting at 9:01 PM. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 4-0. Commissioner Tindaro stepped away at the time of the vote.
Respectfully Submitted,
Denise Miller
Assistant Township Secretary
Board of Commissioners
June 8, 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.
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, and Denise Miller-Assistant Township Secretary, Ray Stackhouse-Director of Building and Life Safety and Public Works.
Professionals Present: Karl Schmit P.E. representing ARRO, and Ross Bickhart P.E. Gilmore and Associates.
Special Guest: N/A
The Board of Commissioners June 8, 2023 agenda was posted on the Township website, and at the Township building, on June 7, 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 paper, on December 27, 2022.
Citizens to be Heard
Commissioner Mullin called for Citizens to be Heard.
Tony DiSario of 251 Loomis Avenue asked the Board for the number of callers logged onto the meeting via Zoom. Commissioner Mullin replied “7”.
Township Solicitor – Ms. Camp
N/A
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.
“Smoke from a distant fire” was a Billboard Top 40 hit for the Sanford-Townsend Band in 1977. But this week the smoke from a distant fire is something real that we can see, smell, and taste. Breathing in the effects of the Canadian Wildfires reached the Red Alert stage today, and it’s possible this could last into next week. Please stay inside if you can, be careful out there if you can’t, and wear an N95 mask – something tells me most of us still have a couple on hand J Also remember that our furry family members are just as susceptible as humans so try to keep their walks short and don’t leave them outside for extended periods of time.
Times like these remind us that our dedicated Public Works team is out there in all of it, just like the old unofficial Post Office Creed says – “Neither Snow, nor Rain, nor Heat, nor Gloom of Night”. And as summers get hotter, storms get more intense, and smoke from wildfires far away become more widespread, our Public Works team will be out there in the elements. If you pass by one of their trucks, try giving a wave to let them know they’re appreciated!
Thank goodness Jimmy Jorge and his Latin Express dance concert was last Friday night and not this weekend. There was enough smoke from that stage (in a healthy way) without the additional smoke for the wildfires! Again – thanks to Parks & Recreation for making these wonderful events happen!
This just in from a good neighbor: “I saw a driver stranded today after having turned off Caln Road and trying to enter Blackhorse Hill Road, but she couldn’t see past cars waiting to turn onto Caln. I backed up and signaled to her when it was safe to proceed. If I hadn’t done that, she risked entering a dangerous traffic blind also obstructed by weeds”. Thank you for being a good neighbor.
Today someone posted on a social media site that a pipe bomb was found by a mailman at an undisclosed location in Thorndale. It was not true. Our police department investigated after being alerted to the post, identified the individual responsible for the post and determined that the post was related to something that happened in January 2020. Over 3 years ago.
Chief Elias stated that “recently, and separate from the pipe bomb post, while our department was investigating a potentially dangerous situation involving an abandoned property in the Township, gross misinformation was posted by a resident on social media. Unfortunately, when that occurs, it could impede our ability to do our job effectively, it creates confusion and alarm for those impacted, it fuels more misinformation throughout the community, and potentially erodes public trust. Sometimes we spend a considerable amount of time addressing misinformation, and that takes away valuable time that could be spent addressing actual public safety concerns”.
We often say, “have a good day”. I recently heard a friend say, “GIVE a good day.” Yesterday I was in a mood, driving home from a meeting in unexpected traffic. Coming up on a heavy merge, I slowed to allow a merging car in front of me. They got halfway in and slammed on their breaks. Causing me to slam on my breaks. Causing the car behind me, already accelerating to go around, to almost hit me. I gave a little toot of the horn to ask the guy I let in to move up a little so I wouldn’t get clipped. Well, you know how this is going to go. As with most things these days, my horn was misinterpreted as an attack. The driver I’d just helped started making a variety of “unfriendly” hand gestures out his window. I felt my “ticked off/how dare you” meter go red. Then thought “I don’t want to feel like this, what can I do to make this situation better?” I put on my flashers, opened my passenger window, waving disarmingly as I slowly pulled up beside them and gently said, “hey, I was just asking you to pull up a little, so I don’t get hit from behind”. They realized they’d misunderstood me, and embarrassed they replied “oh, I’m so sorry, I thought you were yelling at me”. “No”, I said. “Really sorry”, they repeated. “No worries”, and just like that, we were both smiling, wishing each other well, as we went on to whatever adventures the day would hold for each of us. The lesson for me to remember is – people often don’t “hear” what we’re trying to say, they tend to hear what they assume we’re saying. And that assumption is based on and affected by the multitude of interactions we’ve already had throughout the day, the good and the bad, all leading up to that moment.
I think on the inside we all long to be heard, to be understood. But our egos and fears get in the way. It’s okay to pause and ask, “I’m not sure if I heard you right, could you help me understand?” There’s very little that can’t be fixed if we’re willing to humble ourselves long enough to try to understand each other, to let our guard down and “GIVE a good day”.
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.
Township Engineer
Request for Consideration of Payment Application #1 for Lobar Site Development Corp., in the Amount of $270,724.72 for the Municipal Drive Bridge Replacement Project – For Board consideration, Mr. Schmit offered payment application #1 for Lobar Site Development Corp., in the amount of $270,724.72 for the Municipal Drive Bridge Replacement Project.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy noted work being done on the bridge, however; nothing seems to be getting done. Mr. Schmit replied that last week the footers were put in and the arches are being set on June 12, 2023 at 7:00 AM. It takes the crane about an hour to set up so this will be morning work.
Commissioner Mullin asked Mr. Schmit if the rainwater affected anything with the bridge. Mr. Schmit replied they have a pumper out system and small electrical pumps that are in little depressions that are keeping the area dry, therefore not causing buoyance to the footers.
Commissioner Mullin asked about the difference prices in their documentation. Mr. Schmidt replied that the amount should be $270,724.72 not $274,724.72. Mr. Schmit also replied that he will revise their recommendation letter with the correct amount.
Commissioner Mullin entertained a motion to approve payment application #1 for Lobar Site Development Corp., in the amount of $270,724.72 for the Municipal Drive Bridge Replacement Project. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration of Payment Application #2 for MOR Construction Services, Inc. in the Amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project – For Board consideration, Mr. Schmit offered payment application #2 for MOR Construction Services Inc., in the amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project. Mr. Schmit noted that the price difference is because they deleted item #12, in the amount of $1,111.00 because it was not in the contract nor was it approved by the Board therefore, ARRO will absorb the cost.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Mr. Schmit to explain what work was done for #12. Mr. Schmit explained that after all the work was done, they painted the line a little longer.
Commissioner Mullin entertained a motion to approve payment application #2 for MOR Construction Services Inc., in the amount of $73,755.00 for the South Lloyd Avenue Stream Bank Restoration Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Request for Consideration of a Compensating Change Order for KBC Construction, LLC in the Amount of $6,915.00 for the North Bailey Road Drainage Improvements Project relating to Water and Gas Mains – For Board consideration, Mr. Schmit offered a compensating change order for KBC Construction LLC, in the amount of $6,915.00 for the North Bailey Road Drainage Improvements Project, specifically related to construction for water and gas lines underground that were not located where they were reported to be.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked how far off were the water and gas lines. Mr. Schmit replied that the gas line was where it was painted, and the water main moved 45 degrees out into the road and 45 degrees back, so the water main was put in where the old gutter inlet box was in the ground. That line was the main one that was in conflict. Mr. Schmidt also noted that most utility companies do not have as-builts which show the depth of the pipes, so when you call PA One Call, they come out and use a metal detector with great accuracy. The vertical depth was in the way as well, so the stormwater pipes had to move around both mains and go a little deeper. When it went deeper, they excavated and backfilled quite a bit more. Commissioner Mullin noted that he is thankful that an incident did not happen, and no one was hurt. Commissioner Kennedy asked Mr. Schmit who would pay for an incident if something had happened. Mr. Schmit replied that when you use PA One Call, and they paint their lines and if you encounter them in a different location the utility companies must pay.
Commissioner Mullin asked Mr. Schmit to explain why ARRO is not charging the Township $938.99 for the new concrete riser section. Mr. Schmit replied that the extra was not in the bid form or part of the project. Commissioner Mullin thanked Mr. Schmit.
Commissioner Mullin asked Mr. Schmit if this project is still within budget. Mr. Schmit replied that $6,915.00 is an increase on the original estimate.
Commissioner Mullin entertained a motion to approve a compensating change order for KBC Construction LLC, in the amount of $6,915.00 for the North Bailey Road Drainage Improvements Project relating to water and gas mains. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
The vote passed 5-0.
Township Manager – Ms. Denne
Dates for Zoning Review Meetings – Ms. Denne noted that the county provided suggestions of additional things that need to be added for the Township ordinance to be complete. Commissioner Evans asked Ms. Denne to share the county’s suggestions with the zoning ordinance review subgroup. Ms. Denne replied that she will share the county’s’ suggestions with everyone. Ms. Denne asked the Board if June 29, 2023, and July 13, 2023 from 6:30 PM to 7:30 PM are acceptable to them for the zoning ordinance review meetings. The Board agreed to those dates.
Updates on G.O. Carlson Boulevard (G.O. Carlson) Emergency Repairs and Bid Tabulation
- Award of Contract to E&K Construction Services in the Amount of $59,995 for Wall Repairs Along G.O. Carlson – For Board consideration, Ms. Denne offered a contract to E&K Construction Services, in the amount of $59,995.00 for wall repairs along G.O. Carlson.
Mr. Bickhart noted that they reached out to five bidders to get pricing and all five responded. Three of the five were within the anticipated range of $50,000.00 to $75,000.00. Mr. Bickhart also noted that the low bidder is E&K Construction Services, whom they have worked with before and are very confident that they have the skills needed to perform this work.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked what type of repairs are being done. Mr. Bickhart replied that there was a vehicle impact on the south side of G.O. Carlson and the guide rail caused the post to hit the wall, which is buckling out towards the adjacent property. Mr. Bickhart also replied that there is a big heavy wall that is pushed against where the existing wall is leaning and supported by steel beams that are onto a heavy embedded concrete block.
Mr. DiSario asked that boulders are not used like they were two years ago on the north side because the boulders blocked the stream water flow.
Commissioner Young noted that the water was in the gully before, and it washed out resident driveways. Commissioner Young also noted that there will be no additional water, however, it can carry more.
Mr. Stackhouse noted that there is a project for the north end of the culvert coming before the Board for approval to be put out to bid. Mr. Stackhouse also noted that Mr. DiSario is talking about the embankment eroding from the stream, which severely undermined the pipe and the end wall. Several years ago, stone was put in to try and fix it, however; it continued to erode and failed.
Commissioner Mullin entertained a motion to approve a contract to E&K Construction Services, in the amount of $59,995.00. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 5-0.
Letter to Brandywine Conservancy for Beaver Creek Trail – Ms. Denne noted that the Township is applying for a mini-grant for the Beaver Creek Trail Segment 4, in the amount of $7,500.00. Ms. Denne also noted that this grant is for the assessment and survey of the wetlands in the area of the Beaver Creek Trail.
Commissioner Mullin called for Board and resident comments.
Tony DiSario of 251 Loomis Avenue asked if the Township has received any grants towards the $8.1 million dollar trail. Ms. Denne replied that the Township received approximately $65,000.00 for the design of the trail. Mr. DiSario also noted that he doesn’t want to see $8.1 million come from his taxes.
Commissioner Evans noted that the trail and grants are done in pieces.
Review of LED Project Progress and Payment Requests
- Request for Approval for Payment to Armour & Sons, in the Amount of $98,744.43 for the Installation of LED Retrofit Lighting – For Board considered, Ms. Denne offered for approval Armour & Sons, in the amount of $98,744.43 for the installation of LED retrofit lighting. Ms. Denne noted that the Township is waiting for the delivery of additional lights.
Commissioner Evans noted that these are for Lincoln Highway. Commissioner Young also noted that the lights make a big difference at intersections. Commissioner Young also noted that he was driving route 340 and Lincoln Highway and could see vehicles coming before he approached the intersection.
Commissioner Mullin entertained a motion for payment to Armour & Sons, in the amount of $98,744.43 for the installation of LED retrofit lighting. Moved by Commissioner Young and seconded by Commissioner Tindaro.
The vote passed 5-0.
- Request for Approval for Payment to Keystone Lighting Services, in the Amount of $7,528.63 for the Administration and Management of the LED Conversion Project – For Board consideration, Ms. Denne offered approval to Keystone Lighting Services, in the amount of $7,528.63 for the administration and management of the LED conversion project. Moved by Commissioner Young and seconded by Commissioner Evans.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion for payment to Keystone Lighting Services, in the amount of $7,528.63 for the administration and management of the LED Conversion Project. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Easement Approval for 50 James Buchanan Drive for G.O. Carlson Boulevard Emergency Repairs – For Board consideration, Ms. Denne offered a temporary easement for 50 James Buchanan Drive. This easement is in relation to the issues on G.O. Carlson Boulevard (G.O. Carlson) and to clean all the streams in the area.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked where exactly James Buchanan Drive is. Commissioner Evans replied that it is where the business Human Services is located. Commissioner Mullin asked what work is being done there. Mr. Stackhouse replied that they did some work in the stream closer to G.O. Carlson. They cleaned out the culverts and dredged some of the stream under an emergency Department of Environmental Protection (DEP) permit, which covers the upper section. It then crosses the two access drives at 50 James Buchanan Drive. Mr. Stackhouse also replied that the work will include the removal of gravel bars and the installation of new pipes under those driveways and end walls on either side, so those driveways do not wash out in the future. Commissioner Mullin asked if the entrances will be closed. Mr. Stackhouse replied that they will be closed one at a time.
Commissioner Mullin entertained a motion for an easement agreement for James Buchanan Drive for G.O. Carlson Emergency Repairs. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
The vote passed 5-0.
Ordinances and Resolutions for Consideration
Request for Consideration to Adopt Resolution 2023-15 a Resolution Establishing Guidelines for the Use and Operation of Mobile Food Facilities Within the Township – Commissioner Young asked Commissioner Mullin if he wants to have discussion before making a motion. Commissioner Mullin replied that they can have discussion first. Commissioner Young asked if someone could talk about the impetus of this resolution.
Ms. Denne noted that food trucks are becoming increasingly popular in the Township. The Township has received complaints as to the hours of their operation after business hours. Mr. Stackhouse noted that there are no township ordinances that address food trucks, other than zoning as a temporary use and requiring an operational permit for $250.00 annually. With the increase of food trucks, staff want to make sure that they can operate within the Township under a regulated activity and assure they have a food handlers license, fire protection requirements, and that they operate properly. Mr. Stackhouse also noted that he talked to several food truck handlers and while it may initially cost them a little more money to install some of the things that are required, they will be happier.
Commissioner Young noted that he interprets this as needing a permit to have a food truck in your own driveway. Mr. Stackhouse replied that you are supposed to have a permit to operate for the year. Mr. Young noted that in his opinion, he does not believe a driveway food truck should have to provide structural calculations, fully dimension site plans, indicate spacing from existing building structures, curbs, driveways, sidewalks, parking lots, lights, poles, other poles, and apparatuses. Mr. Stackhouse replied that he understands, however; the Township has the same regulations for fences, sheds etc. Sometimes it is up to the discretion of the permit reviewer, for example: if someone is setting up a single food truck, he will use “Jeffris” because he knows that they plan on using food trucks, they would not require detailed calculations. The reason they have this is because if you have a larger venue that may have up to three food trucks and the possibility of being approved to have multiple trucks with signage, menu boards etc., then that is where you want those increase regulations. Mr. Stackhouse also replied that a food truck at a birthday party or the Parks and Recreation Committee having food trucks at events would not need those in-depth regulations.
Ms. Denne noted that she saw a gentleman with a huge barbecue pit on the side of Manor Avenue Ms. Denne also noted that the Township is not worried about someone having a birthday party with an icy truck for a few hours, they want to regulate parking lots or right of ways.
Commissioner Young noted that this resolution should be tailored to Ms. Denne’s examples, commercial districts, and right of ways. Commissioner Young also noted that have that the reviewer could ignore parts of the resolution. Mr. Stackhouse replied that he did not want to insinuate that they could change the rules. Everywhere in zoning everything is up to the discretion of the zoning officer, so if there is any kind of interpretation about if there is additional information needed or not required that’s even in the building code. Commissioner Evans noted that there could be problems down the road. Commissioner Evans also noted that he looked at the coverage costs in Pennsylvania. The county licensing is under a county health department jurisdiction. The state estimated fees are $241.00, and the Townships are $250.00 annually with two free inspections, and the average ones you do not have to pay for inspections. The state annual fee is $82 compared to the $241.00 for a new license. Commissioner Evans then noted that he would like to accelerate this; however, he would like to make this welcoming, and streamlined more.
Commissioner Mullin asked the difference in the mobile food facility, and the mobile truck compared to someone pulling up and just breaking out a barbecue. Ms. Denne replied that it is a difference when it is a restaurant that decides they want to do a special event and they bring equipment to do an outside barbecue versus someone pulling up in a right of way and doing a barbecue. This is what the township wants to prevent. Commissioner Young noted that the requirement of written consent from the property owners is a good thing.
Commissioner Evans asked Mr. Stackhouse whose ordinances did he review in his research. Mr. Stackhouse replied that he looked at ordinances from the City of Lancaster, London Grove Township, Phoenixville Borough, and Ms. Camp provided him with an ordinance draft.
Commissioner Kennedy asked about a retail facility. Ms. Denne replied that she and Mr. Stackhouse would have to see it before giving an answer. Also, the Township does not allow sales out of a box truck. Commissioner Young noted that a clothing rack outside a business is ok.
Commissioner Mullin noted that the resolution states no more than three food trucks. What about when parks and recreation have multiple food trucks, at their events? Ms. Denne replied that there are not just food trucks, and the Township is not subject to their own ordinances. Mr. Stackhouse replied that there is a section for special permission from the zoning officer or the building code official for additional food trucks and extending the time-period based on a special event.
Commissioner Mullin asked the Board to give their comments to Mr. Stackhouse and Ms. Denne.
Board consensus was to table Resolution 2023-15 until the June 29, 2023 Board meeting.
Request for Consideration to Adopt Resolution 2023-16 Amending Resolution 2023-01 to Add a Fee for Food Truck Permits and Police Document Requests and Services – Commissioner Mullin noted that Resolution 2023-16 will be tabled until the June 29, 2023, because it is the fees for Resolution 2023-15, which has been tabled until the June 29, 2023 Board meeting.
Commissioner Mullin called for public comments. There were none.
Request for Consideration to Adopt Resolution 2023-17 Authorizing the Execution of an Intergovernmental Cooperation Agreement for the Purpose of Joining with Other Municipalities as a Member of the Chester County Emergency Response Commission – For Board consideration, Ms. Denne offered Resolution 2023-17 authorizing the execution of an Intergovernmental Cooperation Agreement for the purpose of joining with other Municipalities as a member of the Chester County Emergency Response Commission.
Commissioner Mullin noted that East Vincent Township, Kennett Township, Schuylkill Township, Tredyyffrin Township, Caln Township, and the Borough of Downingtown are members of this agreement.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to adopt Resolution 2023-17 authorizing the execution of an Intergovernmental Cooperation Agreement for the purpose of joining with other Municipalities as a member of the Chester County Emergency Response. Moved by Commissioner Kennedy and seconded by Commissioner Young.
The vote passed 5-0.
Finance Department
Request for Consideration to Approve the Accounts Payable Bill List for Checks 50177 to 50240 – Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve the accounts payable bill list for checks 50177 to 50240. Moved by Commissioner Tindaro and seconded by Commissioner Young.
The vote passed 5-0.
Minutes to Approve/Acknowledge
Request for Consideration to Approve the May 25, 2023 Board of Commissioners Minutes – Commissioner Mullin called for Board changes, corrections, or additions. Commissioner Mullin and Commissioner Evans noted that they previously provided Ms. Miller with verbiage changes to the minutes.
Commissioner Mullin entertained a motion to approve the May 25, 2023 Board of Commissioners Minutes. Moved by Commissioner Kennedy and seconded by Commissioner Evans.
The vote passed 5-0.
Boards and Commissions Updates – Summary by Applicable Board Liaison
Parks and Recreation – Commissioner Kennedy thanked everyone who attended the Concert in the park with Jimmy Jorge and the Latin Express on June 2 at 6:00 PM.
Commissioner Kennedy noted that there will be a July 7, 2023 8:30 PM movie “Puss in Boots”, Police National Night Out on August 1, 2023 at 6:00 PM, Community Day on September 9, 2023 from 3:00 PM to 8:00 PM, and the Spackman Farm Town Tour on July 20, 2023 from 5:00 PM to 7:00 PM.
Commissioner Mullin noted that someone asked him at the parks and recreation meeting if it is possible to have a fenced in area for small dogs, at the Lloyd Dog Park. Commissioner Young replied that when the fence was constructed, they wanted to put it all around, however; the area where there is no fence is where the flood plain is. This is why the bushes that were planted did not survive.
Commissioner Evans noted that Ms. Eckel-Weiner, Ms. Duzan, and Ms. Swan were weeding invasive plants at Lloyd Park. Commissioner Evans also noted that one of the parks and recreation members suggested starting a cleanup crew for throughout the year.
Commissioner Mullin noted that the parks and recreation members want to see if the flowers around the two memorial benches in the Lloyd Dog Park can survive pet urine. Commissioner Mullin also noted that the lawn crew weed whacked some of the plants in the mulch area.
Commissioner Mullin and Commissioner Evans noted that the Parks and Recreation Board is looking for volunteers.
COG – Commissioner Kennedy noted that the COG meeting was held at the Chester County Public Safety Training Facility in South Coatesville with the intention of pursuing training for high school and middle school students. They are trying to build a curriculum into school districts. They want to have it started in Coatesville to train in these facilities, so by the time students graduate they will have enough credits to become certified firefighters or go into the police field. Ms. Kennedy also noted that they are working on government scholarships.
DARA – Commissioner Mullin moved the DARA report before the Municipal Authority report.
Commissioner Mullin noted that DARA is continuing to review the options related to the draft concept plan for their treatment plant upgrades, which will be necessary to properly provide for the additional one million gallons of treatment capacity currently sought out by the five Municipalities of DARA. Commissioner Mullin also noted a meeting on June 9, 2023, with Township Managers as well as the Liaisons to discuss the upgrades.
Municipal Authority – Commissioner Mullin noted that they heavily discussed the cost of sending their sewage over to PAWC versus the cost of the plant upgrades. DARA upgrades are less expensive in the long run for the Township. They have been trying to get the plant upgrades and more capacity out of DARA for fifteen years or more.
Fire Board – Commissioner Mullin noted that he was not in attendance at the meeting, however; the Fire Board is waiting on the Township’s approval of their agreement.
Historical Commission – Commissioner Evans noted that The Historical Commission met on Wednesday May 17, 2023, and had a quorum with 7 of 11 members in attendance, plus 2 guests.
We heard updates from all but one of our sub-committees.
The primary focus was planning for the upcoming July 20, 2023 Historic Town Tour and Village Walk at Spackman-Davis Farm (TTVW). The TTVW steering committee offered details of their meetings to the full commission and presented a “Storyboard” they’ve been developing. That Storyboard was then presented at the May 25th BOC meeting.
Unless something pressing and unexpected comes up between now and the TTVW, TTVW is all we’ll be working on.
The Steering Committee met at the Spackman Farm on June 3, 2023, thanks to Abbey Swan generously volunteering part of her day off to be there with us. We completed cleaning the Schoolhouse, Smokehouse and Springhouse, and started inside of the farmhouse, and now have a clear vision of how the “sets” will be staged.
Ray Stackhouse, Mr. Huggins, and the Public Works team have been very helpful with clearing poison ivy and repairing a few items that needed attention. Tom Parr and I will be at the farm a few times between now and next Friday getting the big lifts out of the way. Off the record, Tom Parr is already getting my nomination for “Caln Volunteer of the Year”.
Speaking of Volunteers; at the 2023 Chester County Historic Preservation Network (CCHPN) Volunteer Recognition Dinner Wednesday June 21, 2023, the Caln Township Historical Commission will be presented with the CCHPN township award for their work at bringing Spackman-Davis Farm back from the dead. This annual dinner is generally only attended by historical commissions, preservationists, and Chester County history buffs, but it is open to the public. If you want to come out to cheer on your very own historical commission, I believe tickets are still available – and only $25.00 each, they’re a bargain!
Our June meeting will be next Wednesday June 14, 2023 at 7:00 PM. You can join us right here live, or from home via Zoom. We’re a fun group who like getting things done – please consider coming to one of our meetings.
Lincoln Highway – Commissioner Young noted that he does not have a report for tonight.
Ingleside Golf Course – Commissioner Tindaro noted that the first step to upgrading the irrigation system is a computer system that manages the central control of water uses, which currently does not exist. There is no means to monitor the irrigation system efficiency and prevent waste. A reliable computer program will allow them to apply water when and where it is needed, provide a daily report of the system’s performance, and take away any guesswork associated with dysfunctional sprinklers or pipe breaks. This will allow for quick repairs and eliminate the band-aid approach that has carried the golf course for over a decade. The last time this crucial industry standard tool was available was 2011. Commissioner Tindaro also noted that this program is also designed to be upgraded as new technology as more resources become available, making the initial cost a long-term capital investment. The total cost is $24,429.40, which has been approved and paid with previously budgeted 2022 funds. The items originally earmarked for the golf course bridge repairs were $8,000.00, tree care $3,560.00, and a new driving range cart $13,000.00. All three items are either resolved in-house or unnecessary at this time.
Additional Business
Anna Swanson of 1710 Fisherville Road Would Like to Request an Ordinance Be Created Regarding Removal of Dangerous Trees – Ms. Swanson noted that her neighbor’s tree was struck by lightning in 2014 and is now dead. Ms. Swanson also noted that she went to court three times and the owner of the property never showed up. She would like the Board to consider enacting an ordinance to regulate dead trees.
The Board asked Ms. Denne if there was anything that the Township could do to help Ms. Swanson. Ms. Denne replied that Ms. Camp told her that this is a civil matter because it is on private property.
Commissioner Mullin asked Ms. Denne if the Township had anything such as a violation such as tall grass. Ms. Denne replied that the Township can only do something if it is in the Township right of way.
Mr. Stackhouse noted that there have been residents that complained about a tree being dead and multiple times it is not dead. The Township would have to hire someone to inspect these types of complaints to determine if the tree is dead or not. In this case he noted that he told Ms. Swanson several years ago that this was a civil matter. Mr. Stackhouse also replied that he spoke with the property owner where the tree is and was ignored. Commissioner Evans noted that you’re allowed to cut the part of a tree that is hanging onto your property. Commissioner Young asked if there are any legal gymnastics that the Township could try and issue a citation and see what happens. Mr. Stackhouse noted that he will make another attempt at this if the Board directs him to do so, however the problem is that there is nothing under the property maintenance code for dead trees.
Ms. Denne noted that this discussion is going into legal discussion that she is not comfortable with and would rather have Ms. Swanson’s lawyer speak with Ms. Camp.
Commissioner Mullin noted that he would like to see how other municipalities handle this kind of situation. Commissioner Evans noted that the Board discussed this several times in the past. The Township has a lot of rentals and may need stronger language for rental property maintenance.
Ms. Denne suggested that Ms. Swanson have her solicitor call her, and she will get him/her in touch with Ms. Camp.
Additional Business
Commissioner Mullin called for additional business. There were none.
Public Participation
Anna Swanson of 1710 Fisherville Road Would Like to Request an Ordinance Be Created Regarding Removal of Dangerous Trees – Commissioner Mullin moved Anna Swanson ahead of Additional Business.
Tom Parr of 582 Lloyd Avenue thanked Mr. Stackhouse and his staff, Ms. Denne and her staff, and the Board for their help in getting Spackman Farm ready for the town tour on July 20, 2023. The Board thanked Mr. Parr for all his efforts on the town tour.
Adjournment – Commissioner Mullin entertained a motion to adjourn the June 8, 2023 Board of Commissioners Meeting at 9:01 PM. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
The vote passed 4-0. Commissioner Tindaro stepped away at the time of the vote.
Respectfully Submitted,
Denise Miller
Assistant Township Secretary
