Caln Township
Board of Commissioners
August 31, 2023 Minutes
7:30 PM
Hybrid Meeting
Board Members Present: Paul Mullin-President, Jane Kennedy-Vice President, Joshua Young-Commissioner (Absent), Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Abbey Swan Township Secretary and Community Outreach Specialist, Denise Miller-Assistant Township Secretary and Administrative Assistant, Lisa Swan-Director of Finance and Treasurer, Ray Stackhouse-Director of Building and Life Safety and Public Works Department, Scot Gill-Municipal Authority Director, Nicole Shannon Ingleside Golf Course Manager/Superintendent.
Professionals Present: Township Solicitor-Kristin Camp, Chief Steward-Minquas Fire Company Ambulance Service, Chief Taylor-Thorndale Fire Company, Dave Gibbons Senior Engineer-D L Howell Engineering, and Ross Bickhart P.E.-Gilmore and Associates (Gilmore).
Special Guest: N/A
The Board of Commissioners’ August 31, 2023 agenda was posted on the Township website, and at the Township building on August 30, 2023 and agendas were made available for the public at the meeting. The 2023 Township Board of Commissioners meetings were published in the Daily Local News, on December 27, 2022.
Call to Order and Pledge of Allegiance: Commissioner Mullin called the Board of Commissioners meeting to order at 7:30 PM. Commissioner Mullin then called for the Pledge of Allegiance to the flag.
Commissioner Mullin noted that there was an Execution Session prior to tonight’s Board meeting regarding Legal Issues.
Commissioner Evans gave a brief Township update and welcomed and thanked everyone for joining the meeting. 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.
SEE YOU IN SEPTEMBER: As we move through “back-to-school” and into football season, let’s not forget all the fun we had this summer in Caln. Movies in the Park, our first Salsa Night, National Night Out with Chico’s Vibe, the Chester County Town Tour at Spackman-Davis Farm, the Grand Opening of the new Municipal Bridge, the completion of nearly all Ida-related repairs, award for the Municipality of the Year by Chester County Historic Preservation Network, new businesses planting the seeds of opportunity along Lincoln Highway, and most importantly - a summer that wasn’t defined by COVID.
BUT WAIT, THERE’S MORE: Our September fun kicks off Saturday September 9, 2023 at the Municipal Park with our 15th Annual Caln Community Day. If you want to be a part of it all, contact Abbey Swan to sign up to volunteer; if you’ve got your heart set on simply enjoying the festivities, just c’mon out and bring 100 of your closest friends. The fun starts at 3:00 PM with food vendors, live music by Roger That, dance performances, a roaming magician, bounce houses, face painting, art show, caricatures, introduction to pickleball, over 70 vendors and exhibitors, first responders, and to cap the night off - fireworks!
THE POOL IS DEEP: We’ve had a strong response to our call for managerial applicants and resumes continue to come in. We’ve got a long list of promising individuals, more than enough to start the first round of the interview process, with the first four scheduled for next week. Stay tuned. When we all work together, there’s nothing we can’t do. 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.
Citizens to be Heard
Commissioner Mullin called for Board and public comments on agenda items.
Mark DeYoung of 20 Beaver Run Road commented on looking into a high deductible health plan and what is the percentage other Municipalities pay. Ms. Lisa Swan replied that 15 out of 27 Municipalities pay 100%, 7 pay 99%, and the balance pays 3 to 4%.
Commissioner Mullin asked if this is to reinstate the plan that the exempt employees already had. Ms. Swan replied “correct”. It went by the wayside after the last member retired and the Township never received notice that they closed this insurance plan.
Cheryl Spaulding of 406 Lloyd Avenue asked if the part of Section 29-5 which talks about the Manager will have the ability to deal in an amicable and professional manner with the general public, township officials, and employees is an addition to the ordinance. Commissioner Mullin replied that this was always in this section of the ordinance.
Township Solicitor – Ms. Camp
Public Hearing for Ordinance 2023-05 to Adopt an Amendment to Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 Titled “Qualifications” to Permit the Township Manager to Reside Within 25 Miles of Caln Township – Ms. Camp opened the public hearing with the consideration of Ordinance 2023-05, which would amend Chapter 29 of the Caln Code, adding “The Manager need not be a resident of the Township, but within one year of the date of his employment as Manager, he must establish a permanent residence within 25 miles of the Township’s boundaries, unless an exception is granted by the Board”.
Request for Board Consideration to Adopt Ordinance 2023-05 Amending Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 Titled “Qualifications” to Permit the Township Manager to Reside Within 25 Miles of Caln Township – For Board consideration, Ms. Camp offered Ordinance 2023-05 for adoption.
Commissioner Mullin called for Board and resident comments.
Cheryl Spaulding of 406 Lloyd Avenue stated that she agrees with this ordinance.
Commissioner Mullin entertained a motion to adopt Ordinance 2023-25 amending Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 titled “Qualifications” to permit the Township Manager to reside within 25 miles of Caln Township. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Commissioner Evans introduced State Representative Danielle Friel Otten. Representative Friel Otten stated that the Township will be presented with a Historical Preservation Recognition Citation.
Presentation for Redevelopment of the Cohen Tract located at 4109 Lincoln Highway (Behind Acme Grocery Store) – Ms. Camp noted that the Cohen family would like to petition the Board to rezone their property from split zone. The property located closer to Lincoln Highway is zoned TV-1 and the property furthest in the rear is zoned R-4. The Cohen family hired Developer Eli Kahn to represent them as their agent for his expertise in development. They also hired Bryan Nagel from Macelree Harvey who sent a proposed zoning amendment, which would accomplish allowing multi-family development. Ms. Camp also noted that the current ordinance allows for multi-family development; however, what they are proposing is a little different. They are proposing to re-zone the R-4 portion of the property to allow a denser multi-family development.
Mr. Gibbons noted that they propose to keep the roads at 24 feet wide for the southern pod along Lincoln Highway and 28 feet wide on the northern section, so they can allow 4-6 parking spaces along the road.
Ms. Camp noted that she spoke with Mr. Kahn and Mr. Gibbons about allowing the Beaver Creek Trail to go across the back of their property. Ms. Camp also noted that the trail will provide for their recreation as required by Subdivision and Land Development.
Commissioner Mullin called for Board and public comment.
Commissioner Mullin asked Mr. Gibbons if there is parking in the driveway and do each of the townhomes have a garage. Mr. Gibbons replied that each townhome has a driveway and a 1-car garage. Ms. Camp asked how many overflow parking spaces are proposed. Mr. Gibbons replied that they have 43 spaces, 1 space for every 2 ½ units.
Ms. Camp asked if this will be marketed as one or two separate developments. Mr. Gibbons replied that it will probably be marketed as one. Commissioner Kennedy asked the number of proposed townhomes. Mr. Gibbons replied that there will not be more than 103, which may fluctuate down when they start engineering. Ms. Camp also asked if Mr. Gibbons knows the percentage of the open space on the proposed plan. Mr. Gibbons replied that it is greater than 50 percent.
Mr. Stackhouse gave a brief recap of the road width and parking. He noted that they are proposing 24 feet on the front section off Lincoln Highway because there would be no parking allowed. They are providing additional off street parking overflow in the rear of Park Drive, and 28 feet width with a couple of pods on the side to accomplish the additional overflow parking. Mr. Stackhouse also noted that the Township ordinance says that all public roadways have to be fire apparatus access roads, and they use the fire code for parking width.
Chris Parr of 582 Lloyd Avenue is concerned with the single driveway and garage. Ms. Parr asked where the entrance and exit are located. Mr. Gibbons replied that the front pod along Lincoln Highway will have a small boulevard entrance, and there is a single horseshoe shape coming off Park Drive.
Tony DiSario of 251 Loomis Avenue asked if a grant was received for the Beaver Creek Trail. Ms. Abbey Swan replied that the Township has a grant for engineering. Commissioner Evans replied that this proposal is not an exact plan. They are making sure that the zoning is appropriate. Commissioner Mullin replied that the new concept is to have residential and business because there are train and bus services along Route 30.
Commissioner Mullin noted that this is a great opportunity for Caln to establish the new face of Lincoln Highway. The zoning sub-group has already discussed the proposed changes for townhomes.
Cheryl Spauling of 406 Lloyd Avenue asked if this is a complete change in the zoning. Ms. Camp replied that they are not at that point yet. Ms. Spaulding had several other questions about the proposal, answered by Ms. Camp. Commissioner Evans noted that the Cohens are not influencing the Board. What they are asking for is very similar to what the zoning group has already talked about for Lincoln Highway.
Mark DeYoung of 20 Beaver Run Road asked if the Township would have any liability if this passed the DEP audit because of the ground contaminants. Commissioner Mullin asked Ms. Camp to respond. Ms. Camp replied that there is no information on contamination. Caln Township does not have any jurisdiction over the DEP and EPA Standards, and there is no liability to the Township. The zoning code allows them to develop something in a certain manner.
Ordinances and Resolutions for Consideration
Request for Board Consideration to Adopt Resolution 2023-15 Establishing Guidelines for the Use and Operation of Mobile Food Facilities Within the Township (Tabled 06/08/2023) – Board consensus was to table Resolution 2023-15 for adoption until there is a full Board.
Request for Board Consideration to Adopt Resolution 2023-16 to Add a Fee for Food Truck Permits (Tabled 06/08/2023) – Board consensus was to table Resolution 2023-16 for adoption until there is a full Board.
Request for Board Consideration to Adopt Resolution 2023-19 to Add a Fee for Tort/Civil Claim Requests from the Caln Township Police Department – For Board consideration, Chief Elias offered Resolution 2023-19. Chief Elias noted that there was a law passed within the last year with guidance from the District Attorney for the fee structure. It allows victims of crimes to obtain copies of reports, so they can file a claim against their assailant.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if these fees need to be adopted. Chief Elias replied that they do and these fees are from the District Attorney, so they are consistent in Chester County.
Commissioner Mullin entertained a motion to adopt Resolution 2023-19 to add a fee for Tort/Civil Claim Requests from the Caln Township Police Department. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Adopt Resolution 2023-20 to Adopt Specific Guidelines and Application for an Honorary Street Name Designation – Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to adopt Resolution 2023-20 to adopt specific guidelines and application for an Honorary Street Name Designation. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Adopt Resolution 2023-21 to Add a Fee for an Honorary Street Name Designation – Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if the fee is for the application or the sign. Ms. A. Swan replied that it is for the sign and the application.
Commissioner Mullin entertained a motion to adopt Resolution 2023-21 to add a fee for an Honorary Street Name Designation. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Finance Department – Ms. L. Swan
Financial Report – Ms. Swan offered the financial report and offered to answer any questions. Commissioner Mullin called for Board comments. There were none.
Request for Board Consideration to Authorize Ms. Swan to Renew the Exempt Employees PPO Plan – For Board consideration, Ms. Swan offered the re–establishment of the PPO healthcare plan for exempt employees, which is non-uniform and non-union employees. This follows with the majority of consortiums of Municipalities for this plan.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Ms. L. Swan to clarify that this is just a renewal of the same policy the staff already has. Ms. Swan replied “yes”. Commissioner Mullin also asked Ms. L. Swan if the Township periodically goes out to bid for insurance plans. Ms. L. Swan replied that Delaware Valley Health Trusts (DVHT) handles the healthcare and workers’ compensation, and another company does the Township liability. The Township will compare plans in 2024 for all three of the plans. Ms. L. Swan also noted that the premiums paid by the Township are placed into an investment package and they are reimbursed approximately $30,000.00 at the end of the year. They also receive a small grant for risk factors such as panic buttons, cameras, etc. They belong to two of the trusts, so the Township receives 3% of their premium back, and if they decide to join their property and liability trust then the percentage goes up to four. Commissioner Mullin asked if this plan starts on January 1, 2024. Ms. L. Swan replied that it does start on January 1, 2024.
Mark DeYoung of 20 Beaver Run Road asked for the premium increase from 2023 to 2024. Ms. Swan replied “7.8%”
Commissioner Mullin entertained a motion to authorize Ms. L. Swan to re-establish the exempt employee PPO insurance plan. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Authorize Ms. L. Swan and/or Chief Elias to Transfer and Sign All Paperwork in Relation to a Police Criminal Investigation Department (CID) Vehicle to the Building and Life Safety Department – For Board consideration, Ms. L. Swan offered three requests to the Board. Ms. L. Swan noted that the approximate $13,000.00 from the Municibid sale and the $75,000.00 grant will be used to offset the purchase of a new CID vehicle.
Chief Elias noted that Mr. Stackhouse needed a vehicle, and the Police Department has a 2018 Ford Escape that was bought several years ago when they had three detectives. Mr. Stackhouse has a ten-year-old vehicle they are going to post on Municibid. The Police Department has a vehicle ready to post on Municibid for one of the vehicles that they replaced in their fleet over the summer. Currently the Police Department is short one detective and by the end of the year he hopes to install a second detective. Chief Elias also noted that transferring the 2018 Ford Escape to the Codes Department (Codes) leaves the Police Department with one vehicle in CID. Mr. Stackhouse noted that Codes has a 2014 Ford Escape that should not have been purchased for a Codes vehicle. Mr. Stackhouse also noted that the 2018 Ford Escape has 11,000 miles on it and will last them ten years.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion authorizing Ms. L. Swan and Chief Elias to transfer, and/or sign all paperwork in relation to the transfer of a police criminal investigation department vehicle to the Building and Life Safety Department. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Authorize the Police Department to Order a CID Vehicle to Replace the Vehicle Transferred to the Building and Life Safety Department and Authorization for Ms. Swan and/or Chief Elias to Sign All Documents –
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy and Commissioner Mullin suggested having Chief Elias and Ms. L. Swan sign all documents for the purchase of the new CID vehicle.
Commissioner Mullin entertained a motion to authorize the Police Department to order a CID vehicle to replace the vehicle transferred to the Building and Life Safety Department and authorization for Ms. L. Swan and Chief Elias to sign all documents. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Authorize Ms. Swan to put two Police Vehicles on Municibid for Sale – For Board consideration, Ms. Swan offered two police vehicles to be put on Municibid for sale.
Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion to authorize Ms. Swan to put two police vehicles on Municibid for sale. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed. 4-0.
Request for Board Consideration to Approve the Accounts Payable Bill List for Checks 50625 to 50727 and Manual Check 294 – 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 50625 to 50727 and manual check 294. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 4-0.
Minutes to Approve
Request for Board Consideration to Approve the July 13, 2023 Board of Commissioners Minutes –
Commissioner Mullin called for Board comments, changes, or additions. There were none.
Commissioner Mullin entertained a motion to approve the July 13, 2023 Board of Commissioners Minutes. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 3-1.
Request for Board Consideration to Approve the August 10, 2023 Board of Commissioners Minutes – Commissioner Mullin called for Board comments, changes, or additions.
Commissioner Evans noted that his opening comments were watered down, and they lost the color of the meeting and the message. He would like to see them reverted back to how he provided them.
Commissioner Mullin noted that the minutes will be tabled for further discussion.
Acknowledgement of the Planning Commission Approved Minutes
Request for Board Consideration to Acknowledge the Receipt of the Approved July 18, 2023 Planning Commission Minutes – Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion to acknowledge the receipt of the approved July 18, 2023 Planning Commission Minutes. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Directors Reports
Police Chief Elias –Chief Elias noted a few highlights from his July 2023 report, which was previously provided to the Board.
Chief Elias noted that on behalf of a resident, Commissioner Mullin requested a traffic study at the intersection of North Lloyd Avenue and G O Carlson Boulevard to determine if a multi-way stop was warranted. Chief Elias also noted that a multi-way stop control can only be implemented if supported by traffic volume, which means 300 or more vehicles over an eight-hour period and traffic crashes, which is five or more in a 12-month period. The traffic study met the criteria for volume but not for crashes. The only way they could deviate from the current regulatory signage would be to justify why, based on the data and it must be in accordance with the Department of Transportation criteria.
Steven Parson of 104 Chester Court noted that he is disappointed in the results of the survey. Commissioner Evans asked if the Township could put in a “slow” sign just before the curve. Mr. Stackhouse replied that he will ask the Township Traffic Engineer. Commissioner Mullin asked Chief Elias when they could do another traffic study. Chief Elias replied that they will monitor the crashes which did not meet criteria.
Chris Parr of 582 Lloyd Avenue asked if you are allowed to put speed detectors on a state road. Mr. Stackhouse replied that he would find out.
Chief Elias noted that there was a convicted murderer who escaped from the Chester County Prison, last sighting in Unionville. Chief Elias also noted to keep your doors and garage doors locked.
Fire Department Chief Taylor – Chief Taylor noted a few highlights from his department’s July 2023 report, which was previously provided to the Board. Chief Taylor thanked the Public Works Department for their help on the previous storm.
Minquas Fire Company Ambulance EMS Chief Steward – Chief Steward noted a few highlights from his department’s July 2023 report, which was previously provided to the Board. Chief Steward also noted that they are promoting their car seat check seven days per week from 6:00 AM to 7:00 PM and occasionally into the evening hours. They are also promoting their community CPR Program.
Cheryl Spaulding of 406 Lloyd Avenue asked Chief Steward if he heard anything about Penn Hospital having an emergency center at the former Brandywine Hospital. Chief Steward replied “no”.
Ingleside Golf Course Ms. Shannon – Ms. Shannon noted a few highlights from her department’s July 2023 report, which was previously provided to the Board.
Ms. Shannon noted $109,000.00 in revenue and 3,300 golfers for July 2023. Ms. Shannon also noted that the equipment is old and has been poorly maintained until now; however, the course conditions are improving. The new mower lasted two hours because of engine failure. The engine company technician will be called to fix it.
Director of Building, Life Safety & Public Works Mr. Stackhouse – Mr. Stackhouse noted a few highlights from his department’s July 2023 reports, which were previously provided to the Board. Mr. Stackhouse also noted that the former Dairy Queen, now called Bell’s Breakaway Creamery & BBQ cannot serve ice cream until January 2024.
Request for Board Consideration to Approve Payment #1 in the Amount of $207,962.10 Payable to Foresite Concepts Inc., for Work Completed Through August 4, 2023 in Relation to the Reed Street Drainage Improvements Project – For Board consideration, Mr. Stackhouse offered payment #1 in the amount of $207,962.10, in relation to the Reed Street Drainage Improvements Project.
Mr. Bickhart recommended payment #1, in the amount of $207,962.10. Their intention is to get an application for reimbursement with grant funds to DCED after payment #2.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment #1 in the Amount of $207,962.10 payable to Foresite Concepts Inc., for work completed through August 4, 2023 in relation to the Reed Street Drainage Improvements Project. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Approve Change Order #2 in the Amount of $3,155.00 Payable to Foresight Concepts Inc., for tree and stump removal at 1503 Reed Street in Relation to the Reed Street Drainage Improvements Project – For Board consideration, Mr. Stackhouse offered change order #2 in the amount of $3,155.00, in relation to the Reed Street Drainage Improvements Project. Mr. Stackhouse noted that that the Engineers did the best they could with a very old development with the roads not as wide as they would like them to be. Every change order received has an Engineer and In-house review, and they make sure it is needed and the price is correct.
Mr. Bickhart noted that it was not clear on the drawing that the tree was to be removed, therefore the contractor would not have known that the tree was to be taken down as part of the clearing. Running the pipes through the tree roots would kill the tree and cause it to be a safety hazard. Mr. Bickhart recommended Change Order #2, in the amount of $3,155.00.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve change order #2 in the amount of $3,155.00 payable to Foresight Concepts Inc., for tree and stump removal at 1503 Reed Street in relation to the Reed Street Drainage Improvements Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Approve Change Order #3 in the Amount of $12,452.86 Payable to Foresight Concepts Inc., for additional work in relation to Lower Inlet #11 – For Board consideration, Mr. Stackhouse offered change order #3 in the amount of $12,452.86 in relation to lower inlet #11.
Mr. Birkhart noted that the constant seep of water on the 13th block of Oak Street west of 14th Avenue comes up to the edge of the road and runs down across the road resulting in ice accumulation. When Gilmore became involved and reviewed the drawing, they were concerned about the under drain because they were not sure that running a pipe would get all the way down the street where the water is coming from because it is downhill from the new storm drains. In order to go down the hill and collect the water and pipe it back against the way the grade is running, means that the new storm drains need to be pretty deep and they found that inlet #11 was not deep enough to receive the pipe from the area where the seep is occurring, so the inlet has to be deeper by 7 feet under ground and the contractor has to install a few hundred feet of piping. Mr. Birkhart also noted that Gilmore recommends Change Order #3, in the amount of $12,452.86.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve change order #3 in the amount of $12,452.86 payable to Foresight Concepts Inc., for additional work in relation to lower inlet #11. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Approve and Authorize the Board President to Sign Gilmore & Associates Inc. Proposal for Professional Services Project #2308004, in the Amount of $22,860.00, in Relation to the Spackman-Davis Farmhouse Roof Replacement – For Board consideration, Mr. Stackhouse offered a proposal for Professional Services for Project #2308004 in the amount of $22,860.00 in relation to the Spackman-Davis Farmhouse Roof Replacement Project #2308004.
Mr. Birkhart noted that their Structural Engineer will do an assessment of the structure to ensure that the actual structure can withstand new improvements. They also included an architect to evaluate the historic nature and help select historic roofing materials that will maintain the character of the building, in their proposal.
Mr. Stackhouse asked Mr. Birkhart if their proposal is a “not to exceed” price. Mr. Birkhart replied that it is unless something comes up out of the scope of what was agreed on, and if it cost less to do, we would only bill for what was actually expended.
Commissioner Evans noted that there is a front and rear of the roof. The front has lost its integrity with asphalt. In speaking for the Historical Commission, it would behoove the Township to not make the roof historically accurate and look to a metal roof like the barn.
Commissioner Mullin asked Mr. Birkhart about the roof options. Mr. Birkhart replied that the first step would be to do the structural evaluation to see what they are dealing with and then they could meet with the Township to go over the options and get direction from the Board and then proceed accordingly.
Commissioner Evans asked if this project is part of a budget line item from last year for the Kings Highway Park. Ms. A. Swan replied that $40,000.00 was budgeted for 2023.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked if there is a grant for the roof. Commissioner Evans replied that this proposal is to determine what is needed, and they would need a grant for the actual roof.
Commissioner Mullin entertained a motion to approve and authorize the Board President to sign Gilmore & Associates Inc., proposal for Professional Services Project #2308004, in the amount of $22,860.00 in relation to the Spackman-Davis Farmhouse Roof Replacement. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Additional Business
Commissioner Mullin called for additional business. There was none.
Public Comments
Joyce Kruse of 604 Municipal Drive had several concerns and questions on the new pickle ball court. Ms. A. Swan replied that the court is open to the public for free and the tennis nets will be used for the pickleball court.
Yerasimos Hristoforatos of 3520 Lincoln Highway has concerns with A.J. Blosenski and Eagle Disposal dumping the commercial trash dumpsters between 3:00 AM and 6:00 AM in the morning along Lincoln Highway. Mr. Hristoforatos noted that he has twenty resident addresses who say that they have been dealing with the noise for several years. Commissioner Mullin asked Mr. Stackhouse to reply.
Mr. Stackhouse noted that this was also mentioned to the trash haulers and the police have responded every time the resident called in, and they can never identify where the hauler is picking the trash up. Mr. Stackhouse also noted that Lincoln Highway is a commercial corridor, and this has nothing to do with the Township because the haulers are hired by the businesses; therefore, the Township would have to cite the business owners.
Pat Wakefield of 165 Appledore Drive also has concern with the commercial trash dumpster being dumped early in the morning. Ms. Wakefield noted that other Townships are citing the trash haulers.
Commissioner Evans asked if the Board could send the trash haulers a letter. Commissioner Mullin replied that Mr. Gill, who handles the Township trash and recycling will be informed. Mr. Stackhouse replied that Mr. Gill sent a prior letter. Mr. Stackhouse said he will also contact Ms. Camp to find out what the Township can do.
Mr. Hristoforatos also has concern about the noise at the Academy Sports Complex, located at 3527 Lincoln Highway, from people loitering in their parking lot between 10:00 PM and 1:00 AM. Mr. Hristoforatos noted that when he calls the police, they come out and disburse the crowd. Commissioner Mullin asked Chief Elias to comment on the noise ordinance.
Chief Elias noted that businesses are typically the victim of people who loiter on business property. There are two different issues; the sound that is an annoyance to the resident and people who are legally parked and congregating on the property owner’s property and they do not mind. The police cannot do anything unless there is disorderly conduct when the police arrive, or the property owner posts the property for no loitering. The police could then cite them under “loitering and prowling at nighttime”. Mr. Stackhouse noted that he has to be there, witness it, and the noise has to continue for a certain amount of time. Mr. Stackhouse also noted that maybe the focus needs to change to the property owner.
Johah Conway of 315 North Bailey Road noted that the traffic has been a little better at night at the intersection of North Bailey Road and Windsor Lane since the Craft House closed; however, he still lost three mailboxes and one dog. Mr. Conway asked the Board if they would consider speed bumps. Chief Elias noted that he is highly opposed to speed bumps. Mr. Stackhouse noted that speed bumps are bad for the wear and tear on fire trucks and ambulances.
Mr. Conway asked if red light cameras or speed cameras have ever been discussed for Route 30. Commissioner Mullin asked Chief Elias to respond. Chief Elias replied that it took a year to get PennDOT to properly post Lincoln Highway for speed enforcement because according to the vehicle code the speed limit must be posted every half mile, in order to enforce it. Chief Elias also replied that within the last year lines were painted. There was a previous traffic study at this intersection, and red-light cameras have never been discussed.
Cheryl Spaulding of 406 Lloyd Avenue has concerns with the inside of Lloyd Farm and the missing staircase. Commissioner Evans asked Chief Elias if the structure is open. Chief Elias replied that it is open and should be boarded up. Mr. Stackhouse noted that it is boarded up on a regular basis.
Ms. Spaulding also commented on a potential teenage party there, and there is no way for an ambulance or police vehicle to get up to the house. Commissioner Mullin asked if there was a party. Ms. Spaulding replied that she heard that the police stopped it. Commissioner Evans asked Chief Elias to respond. Chief Elias replied that he is very familiar with the potential incident, and this is private property. There are certain limitations, however the police will 100% respond to a public safety threat, and there is no need to involve outside agencies. Chief Elias also replied that he had two officers at the property the two nights when the potential incident was to occur.
Pat Wakefield of 165 Appledore Drive noted that they could hear people tearing down the boards from the Lloyd Dog Park.
Adjournment
Commissioner Mullin entertained a motion to adjourn the August 31, 2023 Board of Commissioners meeting at 10:00 PM. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Respectfully Submitted,
Denise Miller
Assist. Township Secretary
Board of Commissioners
August 31, 2023 Minutes
7:30 PM
Hybrid Meeting
Board Members Present: Paul Mullin-President, Jane Kennedy-Vice President, Joshua Young-Commissioner (Absent), Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Abbey Swan Township Secretary and Community Outreach Specialist, Denise Miller-Assistant Township Secretary and Administrative Assistant, Lisa Swan-Director of Finance and Treasurer, Ray Stackhouse-Director of Building and Life Safety and Public Works Department, Scot Gill-Municipal Authority Director, Nicole Shannon Ingleside Golf Course Manager/Superintendent.
Professionals Present: Township Solicitor-Kristin Camp, Chief Steward-Minquas Fire Company Ambulance Service, Chief Taylor-Thorndale Fire Company, Dave Gibbons Senior Engineer-D L Howell Engineering, and Ross Bickhart P.E.-Gilmore and Associates (Gilmore).
Special Guest: N/A
The Board of Commissioners’ August 31, 2023 agenda was posted on the Township website, and at the Township building on August 30, 2023 and agendas were made available for the public at the meeting. The 2023 Township Board of Commissioners meetings were published in the Daily Local News, on December 27, 2022.
Call to Order and Pledge of Allegiance: Commissioner Mullin called the Board of Commissioners meeting to order at 7:30 PM. Commissioner Mullin then called for the Pledge of Allegiance to the flag.
Commissioner Mullin noted that there was an Execution Session prior to tonight’s Board meeting regarding Legal Issues.
Commissioner Evans gave a brief Township update and welcomed and thanked everyone for joining the meeting. 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.
SEE YOU IN SEPTEMBER: As we move through “back-to-school” and into football season, let’s not forget all the fun we had this summer in Caln. Movies in the Park, our first Salsa Night, National Night Out with Chico’s Vibe, the Chester County Town Tour at Spackman-Davis Farm, the Grand Opening of the new Municipal Bridge, the completion of nearly all Ida-related repairs, award for the Municipality of the Year by Chester County Historic Preservation Network, new businesses planting the seeds of opportunity along Lincoln Highway, and most importantly - a summer that wasn’t defined by COVID.
BUT WAIT, THERE’S MORE: Our September fun kicks off Saturday September 9, 2023 at the Municipal Park with our 15th Annual Caln Community Day. If you want to be a part of it all, contact Abbey Swan to sign up to volunteer; if you’ve got your heart set on simply enjoying the festivities, just c’mon out and bring 100 of your closest friends. The fun starts at 3:00 PM with food vendors, live music by Roger That, dance performances, a roaming magician, bounce houses, face painting, art show, caricatures, introduction to pickleball, over 70 vendors and exhibitors, first responders, and to cap the night off - fireworks!
THE POOL IS DEEP: We’ve had a strong response to our call for managerial applicants and resumes continue to come in. We’ve got a long list of promising individuals, more than enough to start the first round of the interview process, with the first four scheduled for next week. Stay tuned. When we all work together, there’s nothing we can’t do. 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.
Citizens to be Heard
Commissioner Mullin called for Board and public comments on agenda items.
Mark DeYoung of 20 Beaver Run Road commented on looking into a high deductible health plan and what is the percentage other Municipalities pay. Ms. Lisa Swan replied that 15 out of 27 Municipalities pay 100%, 7 pay 99%, and the balance pays 3 to 4%.
Commissioner Mullin asked if this is to reinstate the plan that the exempt employees already had. Ms. Swan replied “correct”. It went by the wayside after the last member retired and the Township never received notice that they closed this insurance plan.
Cheryl Spaulding of 406 Lloyd Avenue asked if the part of Section 29-5 which talks about the Manager will have the ability to deal in an amicable and professional manner with the general public, township officials, and employees is an addition to the ordinance. Commissioner Mullin replied that this was always in this section of the ordinance.
Township Solicitor – Ms. Camp
Public Hearing for Ordinance 2023-05 to Adopt an Amendment to Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 Titled “Qualifications” to Permit the Township Manager to Reside Within 25 Miles of Caln Township – Ms. Camp opened the public hearing with the consideration of Ordinance 2023-05, which would amend Chapter 29 of the Caln Code, adding “The Manager need not be a resident of the Township, but within one year of the date of his employment as Manager, he must establish a permanent residence within 25 miles of the Township’s boundaries, unless an exception is granted by the Board”.
Request for Board Consideration to Adopt Ordinance 2023-05 Amending Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 Titled “Qualifications” to Permit the Township Manager to Reside Within 25 Miles of Caln Township – For Board consideration, Ms. Camp offered Ordinance 2023-05 for adoption.
Commissioner Mullin called for Board and resident comments.
Cheryl Spaulding of 406 Lloyd Avenue stated that she agrees with this ordinance.
Commissioner Mullin entertained a motion to adopt Ordinance 2023-25 amending Chapter 29 of the Caln Code Titled “Officers and Employees” Specifically Section 29-5 titled “Qualifications” to permit the Township Manager to reside within 25 miles of Caln Township. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Commissioner Evans introduced State Representative Danielle Friel Otten. Representative Friel Otten stated that the Township will be presented with a Historical Preservation Recognition Citation.
Presentation for Redevelopment of the Cohen Tract located at 4109 Lincoln Highway (Behind Acme Grocery Store) – Ms. Camp noted that the Cohen family would like to petition the Board to rezone their property from split zone. The property located closer to Lincoln Highway is zoned TV-1 and the property furthest in the rear is zoned R-4. The Cohen family hired Developer Eli Kahn to represent them as their agent for his expertise in development. They also hired Bryan Nagel from Macelree Harvey who sent a proposed zoning amendment, which would accomplish allowing multi-family development. Ms. Camp also noted that the current ordinance allows for multi-family development; however, what they are proposing is a little different. They are proposing to re-zone the R-4 portion of the property to allow a denser multi-family development.
- The width of the townhomes: The current ordinance requires a minimum width of 24 feet wide. They are proposing 20 feet wide.
- The visibility of the setback line: The current ordinance requires a 30-foot setback from the right-of-way and a 40-foot setback from the curb. They are proposing a 20-foot setback from the curb line.
- The Perimeter track: The current ordinance requires the distance from the first townhome to the property boundary of 50 feet. They are proposing 25 feet.
Mr. Gibbons noted that they propose to keep the roads at 24 feet wide for the southern pod along Lincoln Highway and 28 feet wide on the northern section, so they can allow 4-6 parking spaces along the road.
Ms. Camp noted that she spoke with Mr. Kahn and Mr. Gibbons about allowing the Beaver Creek Trail to go across the back of their property. Ms. Camp also noted that the trail will provide for their recreation as required by Subdivision and Land Development.
Commissioner Mullin called for Board and public comment.
Commissioner Mullin asked Mr. Gibbons if there is parking in the driveway and do each of the townhomes have a garage. Mr. Gibbons replied that each townhome has a driveway and a 1-car garage. Ms. Camp asked how many overflow parking spaces are proposed. Mr. Gibbons replied that they have 43 spaces, 1 space for every 2 ½ units.
Ms. Camp asked if this will be marketed as one or two separate developments. Mr. Gibbons replied that it will probably be marketed as one. Commissioner Kennedy asked the number of proposed townhomes. Mr. Gibbons replied that there will not be more than 103, which may fluctuate down when they start engineering. Ms. Camp also asked if Mr. Gibbons knows the percentage of the open space on the proposed plan. Mr. Gibbons replied that it is greater than 50 percent.
Mr. Stackhouse gave a brief recap of the road width and parking. He noted that they are proposing 24 feet on the front section off Lincoln Highway because there would be no parking allowed. They are providing additional off street parking overflow in the rear of Park Drive, and 28 feet width with a couple of pods on the side to accomplish the additional overflow parking. Mr. Stackhouse also noted that the Township ordinance says that all public roadways have to be fire apparatus access roads, and they use the fire code for parking width.
Chris Parr of 582 Lloyd Avenue is concerned with the single driveway and garage. Ms. Parr asked where the entrance and exit are located. Mr. Gibbons replied that the front pod along Lincoln Highway will have a small boulevard entrance, and there is a single horseshoe shape coming off Park Drive.
Tony DiSario of 251 Loomis Avenue asked if a grant was received for the Beaver Creek Trail. Ms. Abbey Swan replied that the Township has a grant for engineering. Commissioner Evans replied that this proposal is not an exact plan. They are making sure that the zoning is appropriate. Commissioner Mullin replied that the new concept is to have residential and business because there are train and bus services along Route 30.
Commissioner Mullin noted that this is a great opportunity for Caln to establish the new face of Lincoln Highway. The zoning sub-group has already discussed the proposed changes for townhomes.
Cheryl Spauling of 406 Lloyd Avenue asked if this is a complete change in the zoning. Ms. Camp replied that they are not at that point yet. Ms. Spaulding had several other questions about the proposal, answered by Ms. Camp. Commissioner Evans noted that the Cohens are not influencing the Board. What they are asking for is very similar to what the zoning group has already talked about for Lincoln Highway.
Mark DeYoung of 20 Beaver Run Road asked if the Township would have any liability if this passed the DEP audit because of the ground contaminants. Commissioner Mullin asked Ms. Camp to respond. Ms. Camp replied that there is no information on contamination. Caln Township does not have any jurisdiction over the DEP and EPA Standards, and there is no liability to the Township. The zoning code allows them to develop something in a certain manner.
Ordinances and Resolutions for Consideration
Request for Board Consideration to Adopt Resolution 2023-15 Establishing Guidelines for the Use and Operation of Mobile Food Facilities Within the Township (Tabled 06/08/2023) – Board consensus was to table Resolution 2023-15 for adoption until there is a full Board.
Request for Board Consideration to Adopt Resolution 2023-16 to Add a Fee for Food Truck Permits (Tabled 06/08/2023) – Board consensus was to table Resolution 2023-16 for adoption until there is a full Board.
Request for Board Consideration to Adopt Resolution 2023-19 to Add a Fee for Tort/Civil Claim Requests from the Caln Township Police Department – For Board consideration, Chief Elias offered Resolution 2023-19. Chief Elias noted that there was a law passed within the last year with guidance from the District Attorney for the fee structure. It allows victims of crimes to obtain copies of reports, so they can file a claim against their assailant.
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if these fees need to be adopted. Chief Elias replied that they do and these fees are from the District Attorney, so they are consistent in Chester County.
Commissioner Mullin entertained a motion to adopt Resolution 2023-19 to add a fee for Tort/Civil Claim Requests from the Caln Township Police Department. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Adopt Resolution 2023-20 to Adopt Specific Guidelines and Application for an Honorary Street Name Designation – Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to adopt Resolution 2023-20 to adopt specific guidelines and application for an Honorary Street Name Designation. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Adopt Resolution 2023-21 to Add a Fee for an Honorary Street Name Designation – Commissioner Mullin called for Board and public comments.
Commissioner Kennedy asked if the fee is for the application or the sign. Ms. A. Swan replied that it is for the sign and the application.
Commissioner Mullin entertained a motion to adopt Resolution 2023-21 to add a fee for an Honorary Street Name Designation. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Finance Department – Ms. L. Swan
Financial Report – Ms. Swan offered the financial report and offered to answer any questions. Commissioner Mullin called for Board comments. There were none.
Request for Board Consideration to Authorize Ms. Swan to Renew the Exempt Employees PPO Plan – For Board consideration, Ms. Swan offered the re–establishment of the PPO healthcare plan for exempt employees, which is non-uniform and non-union employees. This follows with the majority of consortiums of Municipalities for this plan.
Commissioner Mullin called for Board and public comments.
Commissioner Mullin asked Ms. L. Swan to clarify that this is just a renewal of the same policy the staff already has. Ms. Swan replied “yes”. Commissioner Mullin also asked Ms. L. Swan if the Township periodically goes out to bid for insurance plans. Ms. L. Swan replied that Delaware Valley Health Trusts (DVHT) handles the healthcare and workers’ compensation, and another company does the Township liability. The Township will compare plans in 2024 for all three of the plans. Ms. L. Swan also noted that the premiums paid by the Township are placed into an investment package and they are reimbursed approximately $30,000.00 at the end of the year. They also receive a small grant for risk factors such as panic buttons, cameras, etc. They belong to two of the trusts, so the Township receives 3% of their premium back, and if they decide to join their property and liability trust then the percentage goes up to four. Commissioner Mullin asked if this plan starts on January 1, 2024. Ms. L. Swan replied that it does start on January 1, 2024.
Mark DeYoung of 20 Beaver Run Road asked for the premium increase from 2023 to 2024. Ms. Swan replied “7.8%”
Commissioner Mullin entertained a motion to authorize Ms. L. Swan to re-establish the exempt employee PPO insurance plan. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Authorize Ms. L. Swan and/or Chief Elias to Transfer and Sign All Paperwork in Relation to a Police Criminal Investigation Department (CID) Vehicle to the Building and Life Safety Department – For Board consideration, Ms. L. Swan offered three requests to the Board. Ms. L. Swan noted that the approximate $13,000.00 from the Municibid sale and the $75,000.00 grant will be used to offset the purchase of a new CID vehicle.
Chief Elias noted that Mr. Stackhouse needed a vehicle, and the Police Department has a 2018 Ford Escape that was bought several years ago when they had three detectives. Mr. Stackhouse has a ten-year-old vehicle they are going to post on Municibid. The Police Department has a vehicle ready to post on Municibid for one of the vehicles that they replaced in their fleet over the summer. Currently the Police Department is short one detective and by the end of the year he hopes to install a second detective. Chief Elias also noted that transferring the 2018 Ford Escape to the Codes Department (Codes) leaves the Police Department with one vehicle in CID. Mr. Stackhouse noted that Codes has a 2014 Ford Escape that should not have been purchased for a Codes vehicle. Mr. Stackhouse also noted that the 2018 Ford Escape has 11,000 miles on it and will last them ten years.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion authorizing Ms. L. Swan and Chief Elias to transfer, and/or sign all paperwork in relation to the transfer of a police criminal investigation department vehicle to the Building and Life Safety Department. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Authorize the Police Department to Order a CID Vehicle to Replace the Vehicle Transferred to the Building and Life Safety Department and Authorization for Ms. Swan and/or Chief Elias to Sign All Documents –
Commissioner Mullin called for Board and public comments.
Commissioner Kennedy and Commissioner Mullin suggested having Chief Elias and Ms. L. Swan sign all documents for the purchase of the new CID vehicle.
Commissioner Mullin entertained a motion to authorize the Police Department to order a CID vehicle to replace the vehicle transferred to the Building and Life Safety Department and authorization for Ms. L. Swan and Chief Elias to sign all documents. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Authorize Ms. Swan to put two Police Vehicles on Municibid for Sale – For Board consideration, Ms. Swan offered two police vehicles to be put on Municibid for sale.
Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion to authorize Ms. Swan to put two police vehicles on Municibid for sale. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed. 4-0.
Request for Board Consideration to Approve the Accounts Payable Bill List for Checks 50625 to 50727 and Manual Check 294 – 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 50625 to 50727 and manual check 294. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 4-0.
Minutes to Approve
Request for Board Consideration to Approve the July 13, 2023 Board of Commissioners Minutes –
Commissioner Mullin called for Board comments, changes, or additions. There were none.
Commissioner Mullin entertained a motion to approve the July 13, 2023 Board of Commissioners Minutes. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 3-1.
Request for Board Consideration to Approve the August 10, 2023 Board of Commissioners Minutes – Commissioner Mullin called for Board comments, changes, or additions.
Commissioner Evans noted that his opening comments were watered down, and they lost the color of the meeting and the message. He would like to see them reverted back to how he provided them.
Commissioner Mullin noted that the minutes will be tabled for further discussion.
Acknowledgement of the Planning Commission Approved Minutes
Request for Board Consideration to Acknowledge the Receipt of the Approved July 18, 2023 Planning Commission Minutes – Commissioner Mullin called for Board comments. There were none.
Commissioner Mullin entertained a motion to acknowledge the receipt of the approved July 18, 2023 Planning Commission Minutes. Moved by Commissioner Evans and seconded by Commissioner Tindaro. The vote passed 4-0.
Directors Reports
Police Chief Elias –Chief Elias noted a few highlights from his July 2023 report, which was previously provided to the Board.
Chief Elias noted that on behalf of a resident, Commissioner Mullin requested a traffic study at the intersection of North Lloyd Avenue and G O Carlson Boulevard to determine if a multi-way stop was warranted. Chief Elias also noted that a multi-way stop control can only be implemented if supported by traffic volume, which means 300 or more vehicles over an eight-hour period and traffic crashes, which is five or more in a 12-month period. The traffic study met the criteria for volume but not for crashes. The only way they could deviate from the current regulatory signage would be to justify why, based on the data and it must be in accordance with the Department of Transportation criteria.
Steven Parson of 104 Chester Court noted that he is disappointed in the results of the survey. Commissioner Evans asked if the Township could put in a “slow” sign just before the curve. Mr. Stackhouse replied that he will ask the Township Traffic Engineer. Commissioner Mullin asked Chief Elias when they could do another traffic study. Chief Elias replied that they will monitor the crashes which did not meet criteria.
Chris Parr of 582 Lloyd Avenue asked if you are allowed to put speed detectors on a state road. Mr. Stackhouse replied that he would find out.
Chief Elias noted that there was a convicted murderer who escaped from the Chester County Prison, last sighting in Unionville. Chief Elias also noted to keep your doors and garage doors locked.
Fire Department Chief Taylor – Chief Taylor noted a few highlights from his department’s July 2023 report, which was previously provided to the Board. Chief Taylor thanked the Public Works Department for their help on the previous storm.
Minquas Fire Company Ambulance EMS Chief Steward – Chief Steward noted a few highlights from his department’s July 2023 report, which was previously provided to the Board. Chief Steward also noted that they are promoting their car seat check seven days per week from 6:00 AM to 7:00 PM and occasionally into the evening hours. They are also promoting their community CPR Program.
Cheryl Spaulding of 406 Lloyd Avenue asked Chief Steward if he heard anything about Penn Hospital having an emergency center at the former Brandywine Hospital. Chief Steward replied “no”.
Ingleside Golf Course Ms. Shannon – Ms. Shannon noted a few highlights from her department’s July 2023 report, which was previously provided to the Board.
Ms. Shannon noted $109,000.00 in revenue and 3,300 golfers for July 2023. Ms. Shannon also noted that the equipment is old and has been poorly maintained until now; however, the course conditions are improving. The new mower lasted two hours because of engine failure. The engine company technician will be called to fix it.
Director of Building, Life Safety & Public Works Mr. Stackhouse – Mr. Stackhouse noted a few highlights from his department’s July 2023 reports, which were previously provided to the Board. Mr. Stackhouse also noted that the former Dairy Queen, now called Bell’s Breakaway Creamery & BBQ cannot serve ice cream until January 2024.
Request for Board Consideration to Approve Payment #1 in the Amount of $207,962.10 Payable to Foresite Concepts Inc., for Work Completed Through August 4, 2023 in Relation to the Reed Street Drainage Improvements Project – For Board consideration, Mr. Stackhouse offered payment #1 in the amount of $207,962.10, in relation to the Reed Street Drainage Improvements Project.
Mr. Bickhart recommended payment #1, in the amount of $207,962.10. Their intention is to get an application for reimbursement with grant funds to DCED after payment #2.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve payment #1 in the Amount of $207,962.10 payable to Foresite Concepts Inc., for work completed through August 4, 2023 in relation to the Reed Street Drainage Improvements Project. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 4-0.
Request for Board Consideration to Approve Change Order #2 in the Amount of $3,155.00 Payable to Foresight Concepts Inc., for tree and stump removal at 1503 Reed Street in Relation to the Reed Street Drainage Improvements Project – For Board consideration, Mr. Stackhouse offered change order #2 in the amount of $3,155.00, in relation to the Reed Street Drainage Improvements Project. Mr. Stackhouse noted that that the Engineers did the best they could with a very old development with the roads not as wide as they would like them to be. Every change order received has an Engineer and In-house review, and they make sure it is needed and the price is correct.
Mr. Bickhart noted that it was not clear on the drawing that the tree was to be removed, therefore the contractor would not have known that the tree was to be taken down as part of the clearing. Running the pipes through the tree roots would kill the tree and cause it to be a safety hazard. Mr. Bickhart recommended Change Order #2, in the amount of $3,155.00.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve change order #2 in the amount of $3,155.00 payable to Foresight Concepts Inc., for tree and stump removal at 1503 Reed Street in relation to the Reed Street Drainage Improvements Project. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Approve Change Order #3 in the Amount of $12,452.86 Payable to Foresight Concepts Inc., for additional work in relation to Lower Inlet #11 – For Board consideration, Mr. Stackhouse offered change order #3 in the amount of $12,452.86 in relation to lower inlet #11.
Mr. Birkhart noted that the constant seep of water on the 13th block of Oak Street west of 14th Avenue comes up to the edge of the road and runs down across the road resulting in ice accumulation. When Gilmore became involved and reviewed the drawing, they were concerned about the under drain because they were not sure that running a pipe would get all the way down the street where the water is coming from because it is downhill from the new storm drains. In order to go down the hill and collect the water and pipe it back against the way the grade is running, means that the new storm drains need to be pretty deep and they found that inlet #11 was not deep enough to receive the pipe from the area where the seep is occurring, so the inlet has to be deeper by 7 feet under ground and the contractor has to install a few hundred feet of piping. Mr. Birkhart also noted that Gilmore recommends Change Order #3, in the amount of $12,452.86.
Commissioner Mullin called for Board and public comments. There were none.
Commissioner Mullin entertained a motion to approve change order #3 in the amount of $12,452.86 payable to Foresight Concepts Inc., for additional work in relation to lower inlet #11. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro. The vote passed 4-0.
Request for Board Consideration to Approve and Authorize the Board President to Sign Gilmore & Associates Inc. Proposal for Professional Services Project #2308004, in the Amount of $22,860.00, in Relation to the Spackman-Davis Farmhouse Roof Replacement – For Board consideration, Mr. Stackhouse offered a proposal for Professional Services for Project #2308004 in the amount of $22,860.00 in relation to the Spackman-Davis Farmhouse Roof Replacement Project #2308004.
Mr. Birkhart noted that their Structural Engineer will do an assessment of the structure to ensure that the actual structure can withstand new improvements. They also included an architect to evaluate the historic nature and help select historic roofing materials that will maintain the character of the building, in their proposal.
Mr. Stackhouse asked Mr. Birkhart if their proposal is a “not to exceed” price. Mr. Birkhart replied that it is unless something comes up out of the scope of what was agreed on, and if it cost less to do, we would only bill for what was actually expended.
Commissioner Evans noted that there is a front and rear of the roof. The front has lost its integrity with asphalt. In speaking for the Historical Commission, it would behoove the Township to not make the roof historically accurate and look to a metal roof like the barn.
Commissioner Mullin asked Mr. Birkhart about the roof options. Mr. Birkhart replied that the first step would be to do the structural evaluation to see what they are dealing with and then they could meet with the Township to go over the options and get direction from the Board and then proceed accordingly.
Commissioner Evans asked if this project is part of a budget line item from last year for the Kings Highway Park. Ms. A. Swan replied that $40,000.00 was budgeted for 2023.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked if there is a grant for the roof. Commissioner Evans replied that this proposal is to determine what is needed, and they would need a grant for the actual roof.
Commissioner Mullin entertained a motion to approve and authorize the Board President to sign Gilmore & Associates Inc., proposal for Professional Services Project #2308004, in the amount of $22,860.00 in relation to the Spackman-Davis Farmhouse Roof Replacement. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Additional Business
Commissioner Mullin called for additional business. There was none.
Public Comments
Joyce Kruse of 604 Municipal Drive had several concerns and questions on the new pickle ball court. Ms. A. Swan replied that the court is open to the public for free and the tennis nets will be used for the pickleball court.
Yerasimos Hristoforatos of 3520 Lincoln Highway has concerns with A.J. Blosenski and Eagle Disposal dumping the commercial trash dumpsters between 3:00 AM and 6:00 AM in the morning along Lincoln Highway. Mr. Hristoforatos noted that he has twenty resident addresses who say that they have been dealing with the noise for several years. Commissioner Mullin asked Mr. Stackhouse to reply.
Mr. Stackhouse noted that this was also mentioned to the trash haulers and the police have responded every time the resident called in, and they can never identify where the hauler is picking the trash up. Mr. Stackhouse also noted that Lincoln Highway is a commercial corridor, and this has nothing to do with the Township because the haulers are hired by the businesses; therefore, the Township would have to cite the business owners.
Pat Wakefield of 165 Appledore Drive also has concern with the commercial trash dumpster being dumped early in the morning. Ms. Wakefield noted that other Townships are citing the trash haulers.
Commissioner Evans asked if the Board could send the trash haulers a letter. Commissioner Mullin replied that Mr. Gill, who handles the Township trash and recycling will be informed. Mr. Stackhouse replied that Mr. Gill sent a prior letter. Mr. Stackhouse said he will also contact Ms. Camp to find out what the Township can do.
Mr. Hristoforatos also has concern about the noise at the Academy Sports Complex, located at 3527 Lincoln Highway, from people loitering in their parking lot between 10:00 PM and 1:00 AM. Mr. Hristoforatos noted that when he calls the police, they come out and disburse the crowd. Commissioner Mullin asked Chief Elias to comment on the noise ordinance.
Chief Elias noted that businesses are typically the victim of people who loiter on business property. There are two different issues; the sound that is an annoyance to the resident and people who are legally parked and congregating on the property owner’s property and they do not mind. The police cannot do anything unless there is disorderly conduct when the police arrive, or the property owner posts the property for no loitering. The police could then cite them under “loitering and prowling at nighttime”. Mr. Stackhouse noted that he has to be there, witness it, and the noise has to continue for a certain amount of time. Mr. Stackhouse also noted that maybe the focus needs to change to the property owner.
Johah Conway of 315 North Bailey Road noted that the traffic has been a little better at night at the intersection of North Bailey Road and Windsor Lane since the Craft House closed; however, he still lost three mailboxes and one dog. Mr. Conway asked the Board if they would consider speed bumps. Chief Elias noted that he is highly opposed to speed bumps. Mr. Stackhouse noted that speed bumps are bad for the wear and tear on fire trucks and ambulances.
Mr. Conway asked if red light cameras or speed cameras have ever been discussed for Route 30. Commissioner Mullin asked Chief Elias to respond. Chief Elias replied that it took a year to get PennDOT to properly post Lincoln Highway for speed enforcement because according to the vehicle code the speed limit must be posted every half mile, in order to enforce it. Chief Elias also replied that within the last year lines were painted. There was a previous traffic study at this intersection, and red-light cameras have never been discussed.
Cheryl Spaulding of 406 Lloyd Avenue has concerns with the inside of Lloyd Farm and the missing staircase. Commissioner Evans asked Chief Elias if the structure is open. Chief Elias replied that it is open and should be boarded up. Mr. Stackhouse noted that it is boarded up on a regular basis.
Ms. Spaulding also commented on a potential teenage party there, and there is no way for an ambulance or police vehicle to get up to the house. Commissioner Mullin asked if there was a party. Ms. Spaulding replied that she heard that the police stopped it. Commissioner Evans asked Chief Elias to respond. Chief Elias replied that he is very familiar with the potential incident, and this is private property. There are certain limitations, however the police will 100% respond to a public safety threat, and there is no need to involve outside agencies. Chief Elias also replied that he had two officers at the property the two nights when the potential incident was to occur.
Pat Wakefield of 165 Appledore Drive noted that they could hear people tearing down the boards from the Lloyd Dog Park.
Adjournment
Commissioner Mullin entertained a motion to adjourn the August 31, 2023 Board of Commissioners meeting at 10:00 PM. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 4-0.
Respectfully Submitted,
Denise Miller
Assist. Township Secretary
| commissioners_minutes_08.31.2023.pdf |
