Board of Commissioners June 27, 2024
7:30 PM Hybrid Business Meeting Minutes
Board Members Present: Paul Mullin-President, Joshua B. Young-Vice President, Jane Kennedy-Commissioner via Zoom, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Don Vymazal-Township Manager and Secretary, Denise Miller-Assistant Township Secretary and Administrative Assistant, Abbey Swan-Director of Community Enhancement, Lisa Swan-Director of Finance and Township Treasurer, Johnnie Huggins-Director of Public Works, Scot Gill- Director of the Municipal Authority, Ray Stackhouse-Director of Building and Life Safety, Nicole Shannon-Ingleside Golf Course General Manager/Superintendent, and Police Chief Elias.
Professionals Present: Kristin Camp-Township Solicitor, Ross Bickhart-Gilmore & Associates, Chief Taylor-Thorndale Volunteer Fire Company, and EMS Operational Assistant Chief Eric Dry-Minquas.
Special Guest: N/A
The Board of Commissioners’ (BOC) June 27, 2024, agenda was posted on the Township website, at the Township building on June 26, 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.
Citizens to be Heard – There were none.
1. Township Solicitor
1.1 Ordinance 2024-04 Mobile Food Facilities
Ms. Camp noted that this is a public hearing to consider adoption of an ordinance that would create a new chapter 100 to the Caln Code titled “Mobile Food Facilities” (Food Trucks). This ordinance would require permits and provide regulations and safety measures. It would also provide enforcement penalties and violation provisions. The public hearing was advertised in the Daily Local News (DLN) paper on June 17, 2024, and a copy of the ordinance was sent for public inspection to the DLN paper on June 3, 2024. This ordinance explains the purpose and definitions, requires a permit and restriction in terms of where the mobile food facilities are located, violation enforcement, and how many food trucks are allowed on private and public property and at what times.
Commissioner Young believes that this ordinance is a solution in search of a problem so he would still vote no.
Commissioner Kennedy noted that she is kind of lined up with Commissioner Young in a sense because this will be like a trial and error. Also noted that this ordinance can be amended if the Board finds any issues or complications. If this is an option, then she agrees to move forward because the trucks are already operating.
Ms. Camp noted that this is a standalone ordinance and not a zoning provision so someone operating a food facility today can’t come into the Township and say “It’s a non-conformity. I’ve been doing it in compliance” because the Township did not have any laws.
Ms. Camp noted that this is something that its general applicability can be changed and modified as the Board gets experience in terms of dealing with people that operate these facilities and hear feedback.
Tony DiSario of 251 Loomis Avenue asked what Ordinance 2024-04 is for. Ms. Camp explained a description of Ordinance 2024-04.
Commissioner Mullin noted that Commissioner Kennedy is attending the meeting via Zoom.
Commissioner Mullin entertained a motion to Adopt Ordinance 2024-04 adopting a New Chapter 100 of the Caln Township Code Titled, “Mobile Food Facilities” to require permits and provide for regulations and safety measures for such facilities in the Township and related enforcement, penalties, and violation provisions. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 4-1.
2. Ordinance and Resolutions
Resolution 2024-13 Mobile Food Facilities Fees
For Board consideration, Mr. Vymazal offered Resolution 2024-13 adding a fee to “Mobile Food Facilities” to the Caln Township Fee Schedule. Mr. Vymazal noted that a single use permit would be for a three-day multi-weekend event for $50.00 plus a 3% administration fee and $600.00 for a six-month permit. Commissioner Evans asked if there is a rain date option for the single multi use permit. Mr. Stackhouse replied that the rain date option is in the ordinance.
Commissioner Mullin entertained a motion to approve Resolution 2024-13 amending Resolution 2023-01 to add a fee for “Mobile Food Facilities”. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-1.
2.1 Resolution 2024-14 Police Amended Fees
For Board consideration, Mr. Vymazal offered Resolution 2024-14 adding a fee to the Caln Township Fee Schedule to amend the police hourly rates to $100/hour/officer on regular days/non-holidays and $175/hour/officer on holidays.
Commissioner Mullin entertained a motion to approve Resolution 2024-14 amending Resolution 2023-01 to amend hourly rates for the Caln Township Police Department. Moved by Commissioner Evans and seconded by Commissioner Young. The vote passed 5-0.
2.2 Resolution 2024-15 C.C. Complete Streets Policy
Mr. Vymazal noted that, in 2021, Chester County adopted a resolution to support Complete Streets that incorporate Vision Zero strategies and their transportation management in that resolution, at the county level. They encourage Municipalities to adopt a similar resolution at the local level. This incorporates aspects of the Complete Streets, which is meant to facilitate state transportation movement with a focus on pedestrian access and multimodal transportation.
Commissioner Mullin stated that earlier in the week Mr. Vymazal said that this may have an influence on future grants. Mr. Vymazal replied that he is working on the ARLE grant, which is a red-light grant fund, for a potential improvement on Lincoln Highway. If adopted tonight, he can put in the narrative that it is in accordance with the Complete Streets Policy.
Commissioner Mullin entertained a motion to approve Resolution 2024-15 adopting the Chester County Complete Streets Policy. Moved by Commissioner Evans and seconded by Commissioner Young. The vote passed 5-0.
2.3 Resolution 2024-16 Hybrid Meetings
Mr. Vymazal offered a policy to govern the rules of the remote hybrid Township meetings. This policy promotes valuable public comments, determines when a hybrid meeting could take place in terms of a quorum, what happens in the event when technology goes down, sets additional guidance for other township boards and Commissions.
Commissioner Evans noted that other Boards he serves on you must turn your camera on in their policy, so everyone knows who you are. It can also stop “Zoom Bombers.”
Commissioner Young noted that not all phones have camera capability.
Commissioner Mullin asked if there is a standard policy regarding turning your camera on. Mr. Vymazal replied that the policies that he has seen did not include the requirement of the public turning on their cameras.
Commissioner Kennedy and Commissioner Young noted that this can be amended at any time. Adopting this resolution tonight will give the Board an outline on what to do if their system goes out.
Commissioner Mullin noted that Commissioner Kennedy is joining the meeting via Zoom. What happens if other Board members are on Zoom too. Mr. Vymazal replied that it would be the Board’s discretion on how to handle the meeting. Legally, if two Board members have not arrived and three are physically present, then the meeting can occur. However, the Board can wait for those members to arrive or reschedule the meeting. Commissioner Mullin asked how general or specific the Board needs to be when stating why a Board member is joining the meeting via Zoom. Mr. Vymazal replied that the Board does not have to be specific in their reason.
Dan Hagen of 217 Park Drive stated that he appreciates using Zoom. He also noted that he has no control over his camera or mute function until he is asked by the Township.
Ms. Swan read Noel Bernard of 1508 Caln Meetinghouse Road’s comment via Chat. “I’m so grateful for Zoom. Thank you.”
Commissioner Mullin entertained a motion to approve Resolution 2024-16 establishing rules and procedures for the conduct of remote and hybrid public meetings. Moved by Commissioner Evans and seconded by Commissioner Young. The vote passed 5-0.
2.4 Resolution 2024-17 ARLE Grant
Mr. Vymazal noted that this resolution is supporting the submission of an Automated Red Light Transportation Grant (ARLE) and is through the Pennsylvania Department of Transportation. Mr. Vymazal also noted that this grant supports safety, lighting, and pedestrian improvements at the east and west ends of Lincoln Highway.
Mr. Vymazal noted that the first grant submission was discussed for approximately $500,000.00 and working with Gilmore & Associates (Gilmore) they felt that there should be additional improvements, therefore their cost estimate is for $1,479,220.00. This grant fund does not require a match and is based off the improvements to the roadway.
Commissioner Mullin asked if the complete streets resolution will be added to the grant submission. Mr. Vymazal replied that it will be added to the grant submission.
Ms. Swan read Dawn Coughlan of 4019 Edges Mill Road’s comment via Chat. “The grant sounds amazing. Thank you to our Township Manager.”
Commissioner Mullin entertained a motion to approve Resolution 2024-17 authorizing the Township to submit an application for the 2024 Automated Red-Light Transportation Grant Fund for Lincoln Highway. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 5-0.
3. Engineering – Mr. Bickhart presented the Storm Sewer Condition Assessment update before the
MS4 Program update.
3.1 Storm Sewer Condition Assessment
Mr. Bickhart noted that Gilmore has updated the Township’s online Geographic Information System (GIS) with all the collected data from the past several months and prepared a brief letter report, which describes the process they went through. Mr. Bickhart presented a color-coded static plot from the GIS Department. This will help the Township to target the drainage systems that are most in need of improvement. Mr. Bickhart thanked the Public Works and Sewer Departments for providing assistance in opening all the manholes and storm drain covers.
3.2 MS4 Program
Mr. Bickhart gave a brief annual presentation on the Municipal Separate Storm Sewer System (MS4) program, which is satisfying one of the permit requirements - a presentation at a public meeting. Mr. Bickhart shared a slideshow and explained that the MS4 Program is part of the National Pollutant Discharge Elimination System (N.P.D.E.S.) which is a federal program from the Environmental Protection Agency (EPA). The subset of that is the Municipal Separate Storm Sewer System. The permit is administered by PADEP. The goal is to raise awareness about pollution that can come from stormwater and to create actual stormwater facilities such as rain gardens and bio swales to manage those pollutants. There are also things like good housekeeping in keeping oil products etc. in the correct places, so that they do not have any ability to wash into waterways and harm aquatic life.
Mr. Bickhart noted that part of the Township’s MS4 Program, which has six minimum control measures that range from public education and outreach to management of runoff from construction sites to those simple but effective good housekeeping practices. One of the key components that occurs with each permit cycle is a 5-year permit cycle for the N.P.D.E.S. permit. One of those things is a pollutant reduction plan where a Stormwater Management Best Management Practices (BMP) is designed and constructed to provide reduction of sediment and pollutant loads like phosphorus and nitrogen by preventing those from getting into the waterways. The types of projects that are part of a pollutant reduction plan are rain gardens and bio retention basins. Within the last permit cycle. the Township installed a BMP constructed at the Park West site which was completed in 2022. This ties in with the stormwater condition assessment report mapping of the Township drainage systems, which will be helpful for the MS4 Program because each year they inspect a portion of the total number of stormwater outfall points in the Township.
Mr. Bickhart noted that residents can help keep waterways clean as part of the MS4 Program through measures such as car care, yard care, properly disposing and storing hazardous materials, and reporting pollution discharges. Mr. Bickhart also noted that the Township has municipal flyers and website postings for cleanup events.
3.3 Reed Street Project Change Order #5
Mr. Bickhart asked to process change order #5 before payment application #9 because it is reflected on the final payment application. The Board agreed.
Mr. Bickhart noted change order #5 which is a quantity adjustment change. Gilmore tracked all the quantities of work done during the course of the project and there was a certain estimated quantity, and it was adjusted so that it reflects exactly what was done and that makes the balance to finish the project zero. Mr. Bickhart offered a quantity decreased adjustment order of $99,074.69, which is 6% under the bid.
Commissioner Mullin stated that the original job was for $1.2 million making the overall savings to the Township of approximately $77,000.00. Mr. Bickhart replied that it is approximately $70,000.00 to 80,000.00.
Commissioner Mullin entertained a motion to approve the Reed Street Drainage Improvements Project Change Order #5, for a reduction of the contract by $99,074.69. Moved by Commissioner Evans and seconded by Commissioner Young. The vote passed 5-0.
3.4 Reed Street Project Payment Application #9
Commissioner Mullin entertained a motion to approve final payment application #9 in the amount of $59,490.21 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.
4. Township Manager
Mr. Vymazal asked the Board if he could move 4.2 on the agenda before 4.1. The Board agreed.
4.1 Right to Know Anonymous Policy
Mr. Vymazal noted that the Office of Open Records stated that Municipalities have to reply to all Right to Know requests unless they have their own policy regarding anonymous requests.
Commissioner Young asked if Ms. Swan is receiving a large amount of Artificial Intelligence (AI) Right to Know requests. Ms. Swan replied that the last one she received was for five separate IT service requests. The name and address of the requestor was the owner of the paid service where you go to submit a request. Commissioner Young asked how long a request like the one she stated would take to fulfill. Ms. Swan replied that it takes multiple hours and multiple departments. It would involve Help Now and the Finance Director. Chief Elias noted that the law states that you have five days to respond and thirty days to ask for an extension to respond. Some requests are ambiguous, and they have to contact the requestor to quantify what they are asking for. Chief Elias also noted that the danger of not having a policy in place is that if they receive a request that requires some degree of clarification and they do not respond then they would be in violation of the Right to Know law.
The Board approved Mr. Vymazal to proceed with a Township policy.
4.2 Thorndale Streetlight Improvements Decorations
Mr. Vymazal and Ms. Swan showed samples of a snowflake at 5X5, 4X4, and 3X3 feet against the business banners hanging throughout the Township. The wreaths come in three sizes and most everything else is one size fits all. Commissioner Kennedy noted that if the decoration is themed too much towards the holiday, then you cannot carry it into the new year. Commissioner Evans asked if the snowflakes come in color. Commissioner Kennedy replied that they come in color and Ms. Swan replied that they could possibly get different colored bulbs.
Tony DiSario of 251 Loomis Avenue asked what the banners are made of. Ms. Swan replied “canvas.”
Licia Carini of 103 Ayerwood Drive stated the Board should look at other Municipalities to see how they decorate for the holidays.
Commissioner Mullin noted that the Township can incorporate different holiday decorations within the next few years.
The Board agreed to see what other Municipalities do for decoration.
Commissioner Kennedy asked Mr. Vymazal if the Township is on schedule in changing the light poles in the zone that were identified so there will be electrical services on those poles. Mr. Vymazal replied that this should be ready before the holiday.
5. Board Minutes to Approve
5.1 May 30, 2024 – Commissioner Mullin called for Board comments on the minutes. Commissioner
Evans noted that he was unable to send the Board his changes to the minutes and asked that they be tabled.
Commissioner Mullin entertained a motion to table the May 30, 2024, Board minutes. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 5-0.
5.2 June 13, 2024 – Commissioner Mullin called for Board comments on the minutes.
Commissioner Mullin entertained a motion to approve the June 13, 2024, minutes. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
6. Acknowledge Receipt of Planning Commission Minutes
6.1 March 19, 2024
Commissioner Mullin entertained a motion to acknowledge the Board receipt of the approved Planning Commission minutes. Moved by Commissioner Young and seconded by Commissioner Evans. The vote passed 5-0.
7. Finance Department
7.1 Financial Report – Ms. Swan noted that the Finance Committee will meet in July and will review
the first half of the year and start the 2025 budget season. The department director meetings will start in last week of July. Ms. Swan also noted that check number 52262 in the amount of $75,473.64 for Signal Services is regarding an incident on Veterans Drive. Approximately $55,000.00 has been paid to the Township and the balance should be provided shortly.
7.2 Check Approval – For Board consideration, Ms. Swan offered the check run for approval.
Commissioner Mullin entertained a motion to approve checks 52154 to 52317 and manual check 304. Moved by Commissioner Tindaro and seconded by Commissioner Young. The vote passed 5-0.
8.0 Monthly Director Reports
8.1 Building and Life Safety – Mr. Stackhouse gave a brief update on Township businesses and
construction for the month of May. He also noted that two longstanding commercial buildings will be occupied in the next couple of months. The receipt of Firefighter applications end June 28 and testing is July 30.
Commissioner Mullin asked if Ms. Swan would take actions pictures at the Hills at Thorndale Woods for historical purposes. Mr. Stackhouse replied that he will speak with Ms. Swan and make sure that she can get safe access to take pictures.
8.2 Community Enhancement – Ms. Swan gave a brief update for the month of May. She noted that
they had their second sustainability meeting, and she has made “new resident” postcards to send from the list provided by Mr. Stackhouse.
Commissioner Young asked when the next sustainability meeting is. Ms. Swan replied that they are held on the second Tuesday of the month.
8.3 Ingleside Golf Course – Ms. Shannon gave a brief update for the month of May. She also noted
that May’s revenue was $93,000.00 with 2,700 rounds of golf. Greater Philadelphia First Tee is still playing at Ingleside. They are a program designed to teach youth the game of golf.
8.4 Minquas Fire Company Ambulance – EMS Operational Assistant Chief Mr. Dry gave a brief update
for the month of May. He also noted an increase in calls in the month of May.
Commissioner Young asked what the third and fourth call and missed call under calls covered by other agencies on their report is. Mr. Dry replied that the third call pertains to two Mobile Intensive Care Units (MICU) for night coverage and the fourth call is daytime coverage of four MICU’s. Commissioner Young asked what IFT means. Mr. Dry replied that IFT is their VA contract.
8.5 Police Chief – Chief Elias gave a brief update for the month of May. Chief Elias also noted that two
officers will start work on July 8 and one begins the police academy. Chief Elias provided an overview on the increased volume of calls to the Chester County Intermediate Unit (CCIU). Commissioner Tindaro asked how many other police departments are responding to the CCIU. Chief Elias replied that the Caln Police Department is the only responder because the CCIU is in Caln Township. Commissioner Tindaro asked if he could share calls with other police departments because the children who attend the CCIU are from different Municipalities. Chief Elias replied that he is unaware of the percentage of the CCIU student population from outside of the immediate area or the Chester County area. They do have students from other counties. Chief Elias also replied that their department has good support from outside agencies if they had an incident where they needed support. Commissioner Young noted that he will contact the CCIU representative. Commissioner Mullin asked if the new CCIU opening in Malvern will relieve Caln’s police department. Mr. Vymazal noted that there has been mention of new facilities including Malvern; however, it was not made clear the exact use of those facilities.
8.6 Public Works – Mr. Huggins gave a brief update for the month of May. Mr. Huggins also noted that
they upgraded the administration building with two dehumidifiers, and they hired two part-time summer help employees from Kutztown University. Also, the Municipal and Lloyd Park pavilions are highly rented.
8.7 Thorndale Volunteer Fire Company – Chief Taylor gave a brief update for the month of May. Chief
Taylor also noted that they had an increase in call volume, and their second fund drive mailer was mailed to residents. Chief Taylor thanked residents and businesses for supplying drinks while they are on a call.
9. Additional Business – Commissioner Evans thanked everyone who has helped plan for the July 29, 2024, Spackman-Davis Farm event.
10. Public Comment – There were none.
11. Adjournment – Commissioner Mullin entertained a motion to adjourn the June 27, 2024, Board meeting at 9:05. Moved by Commissioner Tindaro and seconded by Commissioner Evans. The vote passed 5-0.
Respectfully Submitted,
Denise Miller,
Assist. Twp. Secretary
commissioners_minutes_06.27.2024.pdf |