Caln Township Board of Commissioners
253 Municipal Drive Thorndale, PA 19372
Chester County, Pennsylvania
September 9, 2021 Meeting Minutes
ZOOM Meeting
Call to Order: Commissioner Mullin called the virtual Zoom Board of Commissioners meeting to order at 7:32 PM. He 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, Mark Evans-Commissioner.
Staff Members Present: Kristen Denne-Township Manager/Secretary, Denise Miller-Assistant Township Secretary, Lisa Swan, Township Treasurer, Mike Fragale-Public Works Director, Ray Stackhouse-Building and Life Safety Director (Codes), Chief Elias-Police Chief.
Professionals Present: Bryan Kulakowsky-Township Engineer, Kristin Camp-Township Solicitor.
Special Guest: Scott Nelson-Representing Chrissy Houlahan’s office.
The Board of Commissioners September 9, 2021 agenda was posted on the Township website, and at the Township building, on September 8, 2021.
The 2021 Township Board of Commissioners meetings were published in the Daily Local News, on December 28, 2020.
Commissioner Mullin noted that there was an Executive Session on September 3, 2021 regarding an emergency plan for the flood on September 1, 2021.
Commissioner Mullin noted that September 1, 2021 Caln Township experienced the most devastating storm in recent history. He noted that he helped with volunteers at Parkside with trash removal. Many of the homes there had a lot of water and property damage.
Commissioner Mullin noted that the Municipal Authority and the Public Works Department vehicles were hauling trash from Parkside Drive and Park Drive homes who had a lot of water and property damage or were devastated. He also noted that the Township has a lot of issues with their roads and bridges.
Commissioner Mullin noted that the Township is here for residents if there is anything that they can do to help. He also acknowledged all the volunteers who helped with this cleanup effort.
Ms. Denne noted that the Township has not been declared a disaster zone yet. The Township has to meet a threshold of damage so it is crucial for anyone with property damage to go to Chesco.org/Ida to fill out the assessment form and submit it to the county who will then provide them to the Federal Emergency Management Agency (FEMA) to make the declaration. In addition to FEMA there is the Pennsylvanian Emergency Management Association (PEMA) who work in conjunction. Governor Wolf will declare the emergency then the information will be forwarded to the Federal Government, and the President has to sign off on this as being a federal disaster zone.
Commissioner Evans’ Township Update
Commissioner Evans welcomed everyone to tonight’s meeting. Our meetings are “Neutral Ground”, a place to hear and be heard. We are all in this together.
Commissioner Evans noted that the after-effects of Hurricane Ida are first and foremost on everyone’s mind tonight, and the Township Department Directors are in attendance to bring you up to date, and answer all of your questions. He also noted that everyone who survives a disaster has a story to tell, and it is really important that we hear from everyone who was affected.
Commissioner Evans noted that we live in a valley. Flooding associated with heavy rainfall is unavoidable. Hurricane Ida was not “heavy rainfall”, it was a deadly natural disaster that ravaged the entire East Coast of the United States. Caln took a beating and we are now facing millions of dollars in recovery costs. Our infrastructure was ravaged, and many of our residents lost everything. He also noted that this was probably the single most destructive event in Caln Township History, with an accumulation of 10” of rain in under seven hours, the sheer velocity of the water was strong enough to bend guardrails and move telephone poles that were waiting for installation, 1/4 of a mile.
Commissioner Evans noted that Emergency First Responders and the Public Works Department were stretched to their limits. During the storm, their lives were in constant danger while they performed numerous water rescues, including that of an 8 year-old child. Many of Caln Township’s staff worked around the clock. Yesterday we saw what happens when residents roll up their sleeves and generously give of their time. Thank you to everyone who came out to help with cleanup efforts on Parkside Avenue. He also noted that approximately thirty of our neighbors were either displaced or will be essentially starting over due to mold from flooding.
Commissioner Evans noted that Caln is initiating a “Neighbors helping Neighbors Kitchen Restock Drive” for flood victims. Items being collected are household staples such as salt, pepper, condiments, pasta, rice, noodles, beans, cooking oil, seasoning, canned goods, paper products, cleaning supplies, and tin foil can be dropped off at the Township Municipal Building for distribution through September 19 from 8:00 AM to 4:30 PM.
Commissioner Mullin asked to have the citizens who were affected by the September 1, 2021 storm to speak first.
Citizens to be Heard
George Chambers of 9 Parkside Drive thanked the Township and all the volunteers who helped clean up Parkside Drive. He noted that they have never had flooding like this. He also noted that Peco would not turn the electric back on if the water was high enough to get into the circuit breaker until it was repaired or replaced.
Lisa Drummond of 3206 Edge Lane noted that her home incurred about $30,000 to $40,000 in damages, and possibly a vehicle. She also noted that she is concerned with the storm drain to the rear of her yard. It has moved from the original location, and looks like it is in a bit of disrepair, and the storm drain out front is clogged with sludge.
Ms. Denne noted that this week the Township was focusing on structural analysis of bridges and collapses, and next week they are focusing on stormwater facilities. She also noted that Ms. Drummonds’ property is on the list for staff and engineering to visit her property to see what needs to be done to get this fixed.
Andrea Sherman of 316 Adams Street noted that she received 4 inches of water in her crawl space however, they were able to pump it out. At the June 8, 2021 storm they lost twenty cars along the street. She also noted that they have had ongoing issues with inadequate storm drainage at Barley Sheaf Farm.
Ms. Sherman asked if they are on the evaluation list. Ms. Denne noted that her area is one of the areas that the Township will be checking. Ms. Denne also noted that the Township has about 10 million dollars in damage so this will not be an overnight fix.
Ms. Denne noted that the Township is getting all of the engineering and permitting now so if funds are released, the Township will apply directly to agencies that will be giving them to start the process. Moving forward the Board has a really hard job the next couple of months establishing a budget for normal reasons. In the FEMA/PEMA process there are two pots of money. One pot is just for residents and homeowners, and the second pot is for public improvements. Those public improvements are to assist in preventing future damages and remediation so it will not happen again.
Ms. Denne noted that the Township is doing everything humanly possible to get the Township engineers, permitting, design, and standards in line so that the Township can get in line if there is any funding available. Ms. Denne also noted that Ms. Sherman’s development’s HOA has their own plans to do their own stormwater.
Rachael Sayres of 3710 Hazelwood Avenue noted that there are huge collapsed drains on Hazelwood and Edgemont and Hazelwood and Jewell. They are approximately 2.5 feet deep and 5 feet by 3 feet. She also noted that this is where the bus stop is, and many vehicle accidents happened.
Ms. Denne asked Mr. Fragale if this is a Township road or state road. Mr. Fragale noted that they have never been covered. Hazelwood a private road[AS1] , and the Township drainage runs down to them. They need to find out if this is PennDot’s responsibility or the Townships.
Ms. Denne noted that Mr. Fragale will inspect them tomorrow and figure out if they are the Township’s or PennDot’s roads. She also noted that the Township will get to them as soon as they can.
Commissioner Evans clarified that it is not about getting PennDot to do something, it is about getting PennDot to let the Township to do something.
Chuck Kramer of 2704 Kings Highway noted the generosity of township residents donating for the flood victims and Afghan refugees. He also noted that the Benner Building was overwhelmed with donations. The donation drop off locations has been changed from the Township building to the United Methodist Church on Lincoln Highway, and Wells Fargo Bank. There is a list on the Township website of needed donations.
Tony DiSario of 251 Loomis Avenue noted that he previously asked to have the creek by the bridge in front of the Township Building cleaned, and now it is backed up and caused a lot of flooding.
Commissioner Mullin noted that this storm took out several bridges and roadways. He also noted that he has never seen this much damage in Caln Township in twenty six years. Removing the stone would not have stopped the ten inches of rain that happened in seven hours.
Mr. Fragale noted that in the last year they cleaned out every culvert on each side of the bridges to open up the waterways. Some things they cannot do it because they have to get a Department of Environmental Protection (DEP) permit to be allowed to do work in the water.
Ms. Denne noted that the stream is a natural occurring stream. It is not a flood stream, and it is not meant to carry water or stormwater. In your particular neighborhood and any neighborhood pre 1980, there are no stormwater facilities in them. Ms. Denne noted that her neighborhood retention pond was 75% full at 11:30 that night, and the next day they were only 20% full.
Mr. DiSario asks who is responsible for the neighborhoods with no stormwater facilities. Ms. Denne noted that it is a combination of private and public responsibility. She also noted that properties need to have their own retention berms.
Ms. Denne noted that some residents were upset with Ordinance 2021-06 prohibiting parking of motor vehicles and recreational vehicles on grass and to prohibit recreational equipment from being parked or stored on a public street or in the front yard of a lot, however, when you park vehicles on the grass in your yard, they create ruts, and those ruts push water into your basement. She also noted that there is a reason for every law that the Township has on the books.
Ms. Denne noted that the Township is going to be stepping it up a whole lot. She also noted that she has had a lot of difficult discussions with the Board about what the Township is looking at in the next year and the next three months just to get through reclaiming of the Township roads. The Township can fix what is in the roads, and residents have to fix their property, and come together as a community to address this problem.
Commissioner Evans noted that he lives in one of the newer developments and he had a 100 flood zone behind them. The first storm in June came to the edge of it, and the September storm went far beyond it. In both storms the Lloyd Avenue Bridge was completely under water, and the water was flowing faster than a river. This is the kind of storm Caln will have to get used to seeing unless there are major changes on the federal level.
Chuck Kramer of 2704 Kings Highway noted that the property on the Griffith Farm across the street, water flows down to 340 and rocks flow down the road into the road every time there is a major storm. The Public Works Department has previously made culverts to put the water in the corn field. He also noted that he has called PennDot, and encourages residents do the same.
Ms. Denne noted that Mr. Fragale, Ray Stackhouse, Chief Elias, and she have been in very limited diplomatic discussions this week with PennDot, due to their lack of their response to this. She also noted that PennDot blatantly said to all of them when they are telling them how much they are failing Caln Township in response to this storm, they said that we have over five hundred open calls and not enough workers, and we will get to you when we get to you. They are taking limited if not less than limited responsibility for assisting the Township in storms, at all.
She also noted that she had meetings with the State Senator’s and the State Representative’s offices this week, regarding this.
Ms. Denne noted that Mr. Fragale bends over backwards to try and assist PennDot to keep the Township residents safe. Not because we want to do PennDot’s work, but we want people to be able to safety transverse the Township. It’s to the point that we have damaged our own equipment. Mr. Fragale told them that this time you will come and clean out your underpasses because we are not doing it again. We broke our backhoe last time and Caln’s residents should not be paying for this.
Ms. Denne noted that it has been as bad as it has ever been. For her to call the State Senator and State Representative and lodge complaints over this shows how bad it is. Ms. Denne also noted that they literally have been calling PennDot every day, especially Mr. Stackhouse, discussing our need for them to be here and that they left Bondsville Road in shambles. No traffic plan, and when the Township asked them to put out additional signage and additional barricades they were told that they are out of barricades, you will have to make do with what you have.
Ms. Denne encouraged residents to call their State Senator and State Representative.
Mr. Fragale noted that there are some Township cones and barricades on some of the state roads trying to help PennDot out, which makes the Township short on cones and barricades to use.
Representative Chrissy Houlahan’s Update – Scott Nelson – Mr. Nelson noted that he is so sorry to hear about all the incredible damage. He also noted that he had no idea how badly Caln Township (Caln) had been affected.
Mr. Nelson noted that Representative Houlahan has been super aware of what has been going on. She was on-site at a number of locations with first responders getting updates. Mr. Nelson also noted that he was fighting his way back from Reading during the storm.
Mr. Nelson noted that they are definitely expecting the President to sign the request for FEMA aide as soon as it gets to him, and he noted that he hopes that Caln is included in that.
Mr. Nelson noted that the main thing that their office does is case work for their constituents, which is getting people the benefits that they are entitled to. They just hit 3.5 million dollars returned to constituents in 2021.
Mr. Nelson also noted that their office helps Municipalities and non-profit organizations with federal grants, congressional internships for college students and recent college graduates, nominating highly qualified students for the appointment to the Nation’s Service Academies. Their office also hosts a lot of Congressional programs such as the Congressional Art Competition and the Congressional App Challenge. Their office can also can provide tickets for those places that require them in Washington DC.
Mr. Nelson noted that this year through the American Rescue Plan, which Representative Houlahan supported, their office managed to secure a lot of money for Pennsylvania and the 6th District, School Districts and Public Boards of Education, and 13 billion dollars for the VA Veterans Crisis Program.
Ms. Denne noted that residents are not taking trips to Washington DC because she just watched twenty homes literally throw everything they own away, this week. Mr. Nelson noted that he would like to rephrase that, it is a miss-characterization. He said that he said “I” did not know that Caln got flooded. Representative Houlahan was quite aware. He also noted that there are ninety two different Municipalities in their district.
Ms. Denne noted “that is your job”.
Commissioner Young noted to Mr. Nelson. You came to this meeting knowing that you were going to talk to Caln and you didn’t call or check on us, you didn’t do anything so at this point someone from Representative Houlahan’s office better call the Township office and check on us. If not, don’t bother calling us again. Commissioner Young also noted that Caln had people who lost everything, and there are two people in Downingtown dead.
Commissioner Young noted that is appalling that your office would send someone to talk about this when Caln litterly had people who lost everything.
Ms. Denne asked Mr. Nelson if the Township is going to get FEMA funding, say we have a million dollar project, what percentage the Township can expect from FEMA to fund. There are probably five bridges at no less than 1 million dollars a piece that will need to be replaced.
Mr. Nelson noted that there is no way for him to answer that question right now. Caln has not even been identified as part of the disaster area.
Kristen Denne noted that you, Mr. Nelson work for a congressional office and you haven’t called any of your colleagues that have gone through this in other areas, and said “what can our people expect from FEMA”?
Ms. Denne noted that there is the residential funding and the Municipal and public improvements funding. Ms. Denne asked Mr. Nelson if there will be a point of contact to help Caln’s residents.
Ms. Denne noted that every storm the four underpasses flood and people go through what they think is only one foot of water, however, under that water is about six feet[AS2] of gravel which comes from the Amtrak train station and they sink and need to be rescued. Ms. Denne asked Mr. Nelson to call Amtrak and ask them to build some retention around their stones so the she does not have to continuously send out Caln’s Public Works Employees, Fire Fighters, and Police Officers to rescue cars and people from the underpasses.
Mr. Nelson thanks Caln for having him speak tonight.
Ms. Denne apologized to everyone in the audience and noted that if Caln does not fight to get their funding and every resource for them, they will not get it.
Noel Bernard of 1508 Caln Meeting House Road noted that she has been attending Board meetings for the last eighteen years, and the situation with Mr. Nelson is appalling. Ms. Bernard noted that the Commissioners, Ms. Denne, the Public Works Department, and Police Department have all done so much for this Township.
Ms. Bernard noted that she thanks the Township for all they are doing for Caln residents.
Township Solicitor – Ms. Camp
Hearing for the Property Maintenance Edits in Chapter 120 – For Board consideration Ms. Camp noted
that this is something that was considered at a meeting in July. It was a recommendation from Staff that you take two existing provisions in your Zoning Code and move them into the Property Maintenance Code. The recommendations are prohibiting motor vehicles and recreational vehicles to be parked on grass, and prohibit major recreational equipment such as boats, boat trailers, travel trailers, and motorized dwellings to be parked or stored on any public street. They will be allowed to be parked on private lots provided that they are either within an carport, within a completely enclosed building, or within the side or rear yard but at least 20 feet from the property boundary.
Ms. Camp noted that the proposed language is verbatim to what is already in the Zoning Ordinance, and the ordinance would propose to add them to Caln’s Property Maintenance Code, which is enforced in inan easier enforcement mechanism for the Code Department to site if there are violations.
Ms. Camp noted that this was advertised for consideration at tonight’s meeting, and the ordinance has not changed since it was before the Board in July.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked if this change pertains to the small trailers you tow behind or anything like that. M. Camp noted that what Mr. DiSario noted is prohibited on a street or within a lot except for the places she previously mentioned.
Mr. DiSario noted that the trailer that he tows behind is small. Ms. Denne noted that this is fine.
Commissioner Mullin noted that having this will be less expensive for the resident as well as the Township.
Mr. Stackhouse noted that this allows the Codes Department to work with residents in a simpler manner.
Commissioner Mullin entertained a motion adopting Ordinance 2021-06 An ordinance amending Chapter 120 of the Caln Township Code, Titled “Property Maintenance,” to prohibit parking of motor vehicles and recreational vehicles on grass and to prohibit recreational equipment from being parked or stored on a public street or in the front yard of a lot. Moved by Commissioner Evans and seconded by Commissioner Young.
Vote passed 5-0.
Township Engineer – Mr. Kulakowsky
Hurricane Ida Storm Updates – Ms. Denne noted that Mr. Kulakowsky has been one of the heroes this week too.
Mr. Kulakowsky shared “NOAA Atlas 14” on the screen (NOAA). Mr. Kulakowsky noted that the NOAA chart goes up to a thousand year storm. Mr. Kulakowsky used the Municipal Building address and NOAA’s chart shows 6.9 inches in seven hours and 9.3 inches in twelve hours for a thousand year storm based on 10 inches in seven hours.
Mr. Kulakowsky presented pictures of the underpasses, bridges and Township roads throughout the Township.
Mr. Fragale noted that the Marshallton/Thorndale underpass received twenty loads of stone from the August 20 storm and ten loads from the September 1 storm, and they could not clean up the rest of the stones.
Mr. Kulakowsky noted that the Fisherville Road Bridge was closed before the storm. He also noted that a forty foot long tree came down the stream at approximately 40-50 miles an hour and hit the bridge and now there is no bridge, and the entire side of the East Brandywine side of the road collapsed. Mr. Kulakowsky also noted that there is a washout along the side of Fisherville Road that has now undermined the integrity of the road.
Mr. Kulakowsky noted that the bridge that is directly downstream north of the bypass is closed, and they will be doing a structural analysis in the next two weeks to see if it can be repaired or needs to be replaced.
Mr. Kulakowsky noted that on the Municipal Bridge the water has removed the embankment, tunneled under the road and created a tunnel completely under the abutment and came out the other side.
Mr. Kulakowsky noted that the Osborne Road Bridge has severe damage to the road and the corner has a severe washout. The water came through the upside of the bridge and undermined the road approximately 6 feet.
Commissioner Mullin asked Mr. Kulakowsky how the bridge is. Mr. Kulakowsky noted that the bridge itself if fine. Mr. Kulakowsky noted that ARRO is sending someone with bridge certification to look at the bridge.
Mr. Kulakowsky noted that along Lloyd Avenue there is a giant gravel bar that was deposited by the storm and contributed to pushing the stream closer to Lloyd Avenue. Another 2 feet and the stream could undermine Lloyd Avenue. Mr. Kulakowsky also noted that this needs to be taken care of before it becomes a major issue.
Mr. Kulakowsky noted that NTM Engineering Inc. was contracted by PennDot to inspect the Municipal and Ayerwood Bridges. They found that the Ayerwood Drive Bridge was find, and they had no issues, and the Municipal Bridge is structurally unsound.
Mr. Kulakowsky noted that the Bondsville Road Bridge is fine, however, the road is undermined.
Commissioner Evans asked Mr. Kulakowsky if the Lloyd Avenue Bridge was [AS3] looked at. Mr. Kulakowsky noted that the Lloyd Avenue Bridge is a Chester County owned Bridge therefore their bridge inspector McCormick Taylor Engineering will be inspecting it.
Commissioner Evans noted that on the south side of the bridge is in Downingtown and they put cones in the sink holes, however, they still look dangerous.
Mr. Kulakowsky noted that as of today the Spackman Farm roof demolition is scheduled for September 13 with four to five weeks depending on the weather. Mr. Kulakowsky also noted that he has to provide a detour map so the workers can get their truck there.
Commissioner Mullin called for public comment. There were none.
Emergency Engineering Work Orders – There were none.
Township Manager
Ratification of Emergency Declaration – Ms. Denne noted that during the storm she had to contact the Board to declare an emergency declaration. Ms. Denne requested that the Board formally ratify that emergency declaration at tonight’s official meeting.
Commissioner Mullin entertained a motion to ratify an Emergency Declaration from September 1, 2021 regarding the Ida storm. Moved by Commissioner Evans and seconded by
Young.
Vote passed 5-0.
Ms. Denne recognized and thanked the heroics of many of their employees in the storm last week, and the continued dedication after the storm.
Ms. Denne noted that the administration office was closed the day after the storm because all but two township roads were closed, and for the safety of the employees. They came in anyway.
Ms. Denne noted that the Public Works Department were in things out of their element. At one point they were transporting Medics because ambulances could not get through. Police Officers were stranded in their vehicles. The Fire Department worked continuously. Mr. Stackhouse has truly been the stoic force through this storm coordinating between the State, County, and department heads.
Ms. Denne stressed for people to not go through barricades or yellow tape. Ms. Denne noted to please treat Bondsville Road for local traffic, meaning only for the residents who live there.
Amendment to the Civil Service Rules – Chief Elias noted that on August 12 the Civil Service Commission met and revised the civil service rules with some of the revisions being housekeeping. Downingtown and Caln have tweaked their rules so they are consistent. In particular, scoring on written and oral exams in the selection process.
Chief Elias noted that on page 12 section 4.1 of the rules they went from a weighing of 50% written to 50% oral and 60% written to 40% oral. Chief Elias also noted on page 13 they went from a passing score on the written and oral exam from 75% to 70%. Both of these changes are fairly consistent with civil service rules throughout the state.
Chief Elias noted that the other changes were consistent with Act 57 of 2000. Act 57 and 59 both passed last year and both are pre George Floyd law changes. Act 57 tightened the background investigation process as it pertains to hiring police officers and the hiring standards as it relates to police officers current, and prior employment with police departments.
Chief Elias noted that changes to section 4.9 are things that they already have been doing in the eight years that he has been Chief of Police. Section 5.2 affects the Board of Commissioners because in the past when they issued a conditional offer of employment to a police applicant it was after the background investigation was completed. Act 57 now requires that the Board or the hiring authority issues a conditional offer and then the police have access to the Municipal Police Officers Education and Training Commission (MOPEC) database, which is a warehouse of records of police officers as it relates to any potential disciplinary problem that would prohibit them from hiring a candidate.
Commissioner Mullin called for Board comment. There were none.
Commissioner Mullin entertained a motion to approve the amendments to the civil service rules. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
Vote passed 5-0.
Zoom Room Cost Update – Ms. Denne noted that the Township is waiting for a couple parts, and then they will be ready to install the equipment.
Ordinances and Resolutions for Consideration
Ordinance 2021-06 An Ordinance Amending Chapter 120 of the Caln Township Code, Titled “Property Maintenance,” to Prohibit Parking of Motor Vehicles and Recreational Vehicles on Grass and to Prohibit Recreational Equipment from Being Parked or Stored on a Public Street or in the Front Yard of a Lot – Resolution 2021-06 was approved under Township Solicitor.
Resolution 2021-27 A Resolution Acknowledging the Receipt of 2022 Minimum Municipal Obligation Worksheet for Inclusion of said Obligation for the Police Pension Plan in the 2022 Calendar Year Budget – For Board consideration, Ms. Denne presented Resolution 2021-27, and noted that the 2021 payment was 664,132 the 2022 payment is 627,457.
Commissioner Mullin entertained a motion acknowledging Resolution 2021-27 a resolution acknowledging the receipt of the 2022 minimum municipal obligation worksheet for inclusion of said obligation for the Police Pension Plan in the 2022 calendar year budget. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board and resident comment. There were none.
Vote passed 5-0.
Resolution 2021-28 A Resolution Updating the Township Fee Schedule – For Board consideration, Chief Elias presented Resolution 2021-28.
Chief Elias noted that police reports are subject to the Right to Know Law, and audio/video recordings by police are under Act 22 of 2017. If the police receive a request for a police report, they can either release it or not, currently they do not release it if it contains investigative, informative or confidential information.
Chief Elias noted that body camera and in-car video is different based on Act 22 of 2017 so if we were to get a request for body camera footage, they have to go start to finish and redact parts of that video that can and cannot be released. He also noted that the office of Open Records in Harrisburg has authorized police departments to charge up to $100 per request. Chief Elias also noted that their department is starting to receive requests for body camera audio and video.
Commissioner Mullin asked Chief Elias if $100 is enough to cover the cost. Chief Elias noted that $100 is the ceiling for what they can charge.
Commissioner Mullin called for Board and resident comment. There were none.
Commissioner Mullin entertained a motion adopting Resolution 2021-28 a resolution updating the Township Fee Schedule. Moved by Commissioner Tindaro and seconded by Commission Young.
Vote passed 5-0.
Resolution 2021-03 A Resolution Designating the 2021 Response Territories for Emergency Service in Caln Township (TABLED 01/28/2021) – Commissioner Mullin noted that Resolution 2021-03 will continue to be tabled.
Minutes to Approve
August 26, 2021 Board of Commissioners Minutes – Commissioner Mullin entertained a motion approving the August 28, 2021 Board of Commissioners Minutes. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board comment. There were none.
Vote passed 5-0.
Finance Department – Ms. Swan
General Checks 47014 to 47070 and Manual Checks 215 to 218 – Commissioner Mullin entertained a motion approving general checks 47014 to 47070 and manual checks 215 to 218. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board comment. There were none.
Vote passed 5-0.
Commissioner Evans noted that he has been told that there is an exposed drainage pipe in Carver Court. Ms. Denne noted that they are on the list for next week.
Boards and Commissions Updates – Summary by Applicable Board Liaison
Parks and Recreation – Commissioner Young noted that their September meeting was cancelled due to Labor Day.
Commissioner Young noted that the movie Frozen II will be shown at the Municipal Park on September 24 at 7:00 PM. He also noted that there will be a Halloween Parade, to be scheduled.
COG – Commissioner Kennedy noted that their August meeting was cancelled. She also noted that their next meeting will be held on September 29 at 7:00 PM
Municipal Authority – Commissioner Mullin noted that the sanitary sewer system experienced high flows with the recent storm. Everything stayed in the pipes within the manholes.
Commissioner Mullin noted that a meter sensor at North Caln Road was lost, however, it was fixed the following morning.
Commissioner Mullin noted that the Aston Avenue metering station went down with no power for several hours, which was a PECO issue.
Commissioner Mullin noted that the trash/recycling hauler was taking extra items put out by residents this week due to the storm. He also asked residents to call the township if they are missing their trash or recycling can. The Municipal Authority department is currently tracking down the homes of the found cans.
DARA – DARA Representative, George Chambers noted that the flooding in Downingtown has impacted the DARA treatment plant and caused approximately $800,000 to $1,000,000 in damages.
Commissioner Evans noted that Downingtown public works department lost all of their trucks except two.
Chief Elias noted that Downingtown lost thirty vehicles in total.
Commissioner Evans noted that Reardon Dental’s practice in Downingtown was wiped out after they recently finished renovations. He also noted that the owner will still move forward with a free food truck on Sunday September 12 benefiting the Lords Pantry located in Downingtown. There will be a band and Thorndale Fire Company will also be there.
Fire Board – Commissioner Young noted that they met a couple of weeks ago and talked about the budget. They approved the numbers that they received from Ms. Swan and Mr. Stackhouse, and it will be sent to the Township. He also noted that the budget requests a full time fire fighter and an additional per diem driver instead of of the current two per diem drivers, and an increase to the appropriation to the fire department to help with ongoing bills.
Historical Commission – Commissioner Tindaro noted that their next meeting will be held on September 15 at 7:00 PM.
Lincoln Highway – Commissioner Young noted that the Township will present the proposed LERTA district to the School Board Committee. It has to have the support of a majority of the committee in order for it to move forward to the School Board to be voted on at the end of the month. He also noted that other than himself and Commissioner Evans, Noel Bernard from the Municipal Authority, Adam Thomas from the Township Planning Commission, and resident Al DiMatteo will also be in attendance. He also encouraged residents to attend the meeting and show their support.
Additional Business – Commissioner Mullin called for additional business. There was none.
Public Comments – Commissioner Mullin called for public comments. There were none.
Commissioner Mullin thanked the township for their work during the storm and the Parkside cleanup.
Ms. Denne noted to call the United Way hotline at 211, and the county also has a lot of resources to help residents.
Adjournment – Commissioner Mullin entertained a motion to adjourn the September 9, 2021 meeting at 9:48. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
Vote passed 5-0.
Respectfully Submitted by,
Denise Miller
Assistant Township Secretary
253 Municipal Drive Thorndale, PA 19372
Chester County, Pennsylvania
September 9, 2021 Meeting Minutes
ZOOM Meeting
Call to Order: Commissioner Mullin called the virtual Zoom Board of Commissioners meeting to order at 7:32 PM. He 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, Mark Evans-Commissioner.
Staff Members Present: Kristen Denne-Township Manager/Secretary, Denise Miller-Assistant Township Secretary, Lisa Swan, Township Treasurer, Mike Fragale-Public Works Director, Ray Stackhouse-Building and Life Safety Director (Codes), Chief Elias-Police Chief.
Professionals Present: Bryan Kulakowsky-Township Engineer, Kristin Camp-Township Solicitor.
Special Guest: Scott Nelson-Representing Chrissy Houlahan’s office.
The Board of Commissioners September 9, 2021 agenda was posted on the Township website, and at the Township building, on September 8, 2021.
The 2021 Township Board of Commissioners meetings were published in the Daily Local News, on December 28, 2020.
Commissioner Mullin noted that there was an Executive Session on September 3, 2021 regarding an emergency plan for the flood on September 1, 2021.
Commissioner Mullin noted that September 1, 2021 Caln Township experienced the most devastating storm in recent history. He noted that he helped with volunteers at Parkside with trash removal. Many of the homes there had a lot of water and property damage.
Commissioner Mullin noted that the Municipal Authority and the Public Works Department vehicles were hauling trash from Parkside Drive and Park Drive homes who had a lot of water and property damage or were devastated. He also noted that the Township has a lot of issues with their roads and bridges.
Commissioner Mullin noted that the Township is here for residents if there is anything that they can do to help. He also acknowledged all the volunteers who helped with this cleanup effort.
Ms. Denne noted that the Township has not been declared a disaster zone yet. The Township has to meet a threshold of damage so it is crucial for anyone with property damage to go to Chesco.org/Ida to fill out the assessment form and submit it to the county who will then provide them to the Federal Emergency Management Agency (FEMA) to make the declaration. In addition to FEMA there is the Pennsylvanian Emergency Management Association (PEMA) who work in conjunction. Governor Wolf will declare the emergency then the information will be forwarded to the Federal Government, and the President has to sign off on this as being a federal disaster zone.
Commissioner Evans’ Township Update
Commissioner Evans welcomed everyone to tonight’s meeting. Our meetings are “Neutral Ground”, a place to hear and be heard. We are all in this together.
Commissioner Evans noted that the after-effects of Hurricane Ida are first and foremost on everyone’s mind tonight, and the Township Department Directors are in attendance to bring you up to date, and answer all of your questions. He also noted that everyone who survives a disaster has a story to tell, and it is really important that we hear from everyone who was affected.
Commissioner Evans noted that we live in a valley. Flooding associated with heavy rainfall is unavoidable. Hurricane Ida was not “heavy rainfall”, it was a deadly natural disaster that ravaged the entire East Coast of the United States. Caln took a beating and we are now facing millions of dollars in recovery costs. Our infrastructure was ravaged, and many of our residents lost everything. He also noted that this was probably the single most destructive event in Caln Township History, with an accumulation of 10” of rain in under seven hours, the sheer velocity of the water was strong enough to bend guardrails and move telephone poles that were waiting for installation, 1/4 of a mile.
Commissioner Evans noted that Emergency First Responders and the Public Works Department were stretched to their limits. During the storm, their lives were in constant danger while they performed numerous water rescues, including that of an 8 year-old child. Many of Caln Township’s staff worked around the clock. Yesterday we saw what happens when residents roll up their sleeves and generously give of their time. Thank you to everyone who came out to help with cleanup efforts on Parkside Avenue. He also noted that approximately thirty of our neighbors were either displaced or will be essentially starting over due to mold from flooding.
Commissioner Evans noted that Caln is initiating a “Neighbors helping Neighbors Kitchen Restock Drive” for flood victims. Items being collected are household staples such as salt, pepper, condiments, pasta, rice, noodles, beans, cooking oil, seasoning, canned goods, paper products, cleaning supplies, and tin foil can be dropped off at the Township Municipal Building for distribution through September 19 from 8:00 AM to 4:30 PM.
Commissioner Mullin asked to have the citizens who were affected by the September 1, 2021 storm to speak first.
Citizens to be Heard
George Chambers of 9 Parkside Drive thanked the Township and all the volunteers who helped clean up Parkside Drive. He noted that they have never had flooding like this. He also noted that Peco would not turn the electric back on if the water was high enough to get into the circuit breaker until it was repaired or replaced.
Lisa Drummond of 3206 Edge Lane noted that her home incurred about $30,000 to $40,000 in damages, and possibly a vehicle. She also noted that she is concerned with the storm drain to the rear of her yard. It has moved from the original location, and looks like it is in a bit of disrepair, and the storm drain out front is clogged with sludge.
Ms. Denne noted that this week the Township was focusing on structural analysis of bridges and collapses, and next week they are focusing on stormwater facilities. She also noted that Ms. Drummonds’ property is on the list for staff and engineering to visit her property to see what needs to be done to get this fixed.
Andrea Sherman of 316 Adams Street noted that she received 4 inches of water in her crawl space however, they were able to pump it out. At the June 8, 2021 storm they lost twenty cars along the street. She also noted that they have had ongoing issues with inadequate storm drainage at Barley Sheaf Farm.
Ms. Sherman asked if they are on the evaluation list. Ms. Denne noted that her area is one of the areas that the Township will be checking. Ms. Denne also noted that the Township has about 10 million dollars in damage so this will not be an overnight fix.
Ms. Denne noted that the Township is getting all of the engineering and permitting now so if funds are released, the Township will apply directly to agencies that will be giving them to start the process. Moving forward the Board has a really hard job the next couple of months establishing a budget for normal reasons. In the FEMA/PEMA process there are two pots of money. One pot is just for residents and homeowners, and the second pot is for public improvements. Those public improvements are to assist in preventing future damages and remediation so it will not happen again.
Ms. Denne noted that the Township is doing everything humanly possible to get the Township engineers, permitting, design, and standards in line so that the Township can get in line if there is any funding available. Ms. Denne also noted that Ms. Sherman’s development’s HOA has their own plans to do their own stormwater.
Rachael Sayres of 3710 Hazelwood Avenue noted that there are huge collapsed drains on Hazelwood and Edgemont and Hazelwood and Jewell. They are approximately 2.5 feet deep and 5 feet by 3 feet. She also noted that this is where the bus stop is, and many vehicle accidents happened.
Ms. Denne asked Mr. Fragale if this is a Township road or state road. Mr. Fragale noted that they have never been covered. Hazelwood a private road[AS1] , and the Township drainage runs down to them. They need to find out if this is PennDot’s responsibility or the Townships.
Ms. Denne noted that Mr. Fragale will inspect them tomorrow and figure out if they are the Township’s or PennDot’s roads. She also noted that the Township will get to them as soon as they can.
Commissioner Evans clarified that it is not about getting PennDot to do something, it is about getting PennDot to let the Township to do something.
Chuck Kramer of 2704 Kings Highway noted the generosity of township residents donating for the flood victims and Afghan refugees. He also noted that the Benner Building was overwhelmed with donations. The donation drop off locations has been changed from the Township building to the United Methodist Church on Lincoln Highway, and Wells Fargo Bank. There is a list on the Township website of needed donations.
Tony DiSario of 251 Loomis Avenue noted that he previously asked to have the creek by the bridge in front of the Township Building cleaned, and now it is backed up and caused a lot of flooding.
Commissioner Mullin noted that this storm took out several bridges and roadways. He also noted that he has never seen this much damage in Caln Township in twenty six years. Removing the stone would not have stopped the ten inches of rain that happened in seven hours.
Mr. Fragale noted that in the last year they cleaned out every culvert on each side of the bridges to open up the waterways. Some things they cannot do it because they have to get a Department of Environmental Protection (DEP) permit to be allowed to do work in the water.
Ms. Denne noted that the stream is a natural occurring stream. It is not a flood stream, and it is not meant to carry water or stormwater. In your particular neighborhood and any neighborhood pre 1980, there are no stormwater facilities in them. Ms. Denne noted that her neighborhood retention pond was 75% full at 11:30 that night, and the next day they were only 20% full.
Mr. DiSario asks who is responsible for the neighborhoods with no stormwater facilities. Ms. Denne noted that it is a combination of private and public responsibility. She also noted that properties need to have their own retention berms.
Ms. Denne noted that some residents were upset with Ordinance 2021-06 prohibiting parking of motor vehicles and recreational vehicles on grass and to prohibit recreational equipment from being parked or stored on a public street or in the front yard of a lot, however, when you park vehicles on the grass in your yard, they create ruts, and those ruts push water into your basement. She also noted that there is a reason for every law that the Township has on the books.
Ms. Denne noted that the Township is going to be stepping it up a whole lot. She also noted that she has had a lot of difficult discussions with the Board about what the Township is looking at in the next year and the next three months just to get through reclaiming of the Township roads. The Township can fix what is in the roads, and residents have to fix their property, and come together as a community to address this problem.
Commissioner Evans noted that he lives in one of the newer developments and he had a 100 flood zone behind them. The first storm in June came to the edge of it, and the September storm went far beyond it. In both storms the Lloyd Avenue Bridge was completely under water, and the water was flowing faster than a river. This is the kind of storm Caln will have to get used to seeing unless there are major changes on the federal level.
Chuck Kramer of 2704 Kings Highway noted that the property on the Griffith Farm across the street, water flows down to 340 and rocks flow down the road into the road every time there is a major storm. The Public Works Department has previously made culverts to put the water in the corn field. He also noted that he has called PennDot, and encourages residents do the same.
Ms. Denne noted that Mr. Fragale, Ray Stackhouse, Chief Elias, and she have been in very limited diplomatic discussions this week with PennDot, due to their lack of their response to this. She also noted that PennDot blatantly said to all of them when they are telling them how much they are failing Caln Township in response to this storm, they said that we have over five hundred open calls and not enough workers, and we will get to you when we get to you. They are taking limited if not less than limited responsibility for assisting the Township in storms, at all.
She also noted that she had meetings with the State Senator’s and the State Representative’s offices this week, regarding this.
Ms. Denne noted that Mr. Fragale bends over backwards to try and assist PennDot to keep the Township residents safe. Not because we want to do PennDot’s work, but we want people to be able to safety transverse the Township. It’s to the point that we have damaged our own equipment. Mr. Fragale told them that this time you will come and clean out your underpasses because we are not doing it again. We broke our backhoe last time and Caln’s residents should not be paying for this.
Ms. Denne noted that it has been as bad as it has ever been. For her to call the State Senator and State Representative and lodge complaints over this shows how bad it is. Ms. Denne also noted that they literally have been calling PennDot every day, especially Mr. Stackhouse, discussing our need for them to be here and that they left Bondsville Road in shambles. No traffic plan, and when the Township asked them to put out additional signage and additional barricades they were told that they are out of barricades, you will have to make do with what you have.
Ms. Denne encouraged residents to call their State Senator and State Representative.
Mr. Fragale noted that there are some Township cones and barricades on some of the state roads trying to help PennDot out, which makes the Township short on cones and barricades to use.
Representative Chrissy Houlahan’s Update – Scott Nelson – Mr. Nelson noted that he is so sorry to hear about all the incredible damage. He also noted that he had no idea how badly Caln Township (Caln) had been affected.
Mr. Nelson noted that Representative Houlahan has been super aware of what has been going on. She was on-site at a number of locations with first responders getting updates. Mr. Nelson also noted that he was fighting his way back from Reading during the storm.
Mr. Nelson noted that they are definitely expecting the President to sign the request for FEMA aide as soon as it gets to him, and he noted that he hopes that Caln is included in that.
Mr. Nelson noted that the main thing that their office does is case work for their constituents, which is getting people the benefits that they are entitled to. They just hit 3.5 million dollars returned to constituents in 2021.
Mr. Nelson also noted that their office helps Municipalities and non-profit organizations with federal grants, congressional internships for college students and recent college graduates, nominating highly qualified students for the appointment to the Nation’s Service Academies. Their office also hosts a lot of Congressional programs such as the Congressional Art Competition and the Congressional App Challenge. Their office can also can provide tickets for those places that require them in Washington DC.
Mr. Nelson noted that this year through the American Rescue Plan, which Representative Houlahan supported, their office managed to secure a lot of money for Pennsylvania and the 6th District, School Districts and Public Boards of Education, and 13 billion dollars for the VA Veterans Crisis Program.
Ms. Denne noted that residents are not taking trips to Washington DC because she just watched twenty homes literally throw everything they own away, this week. Mr. Nelson noted that he would like to rephrase that, it is a miss-characterization. He said that he said “I” did not know that Caln got flooded. Representative Houlahan was quite aware. He also noted that there are ninety two different Municipalities in their district.
Ms. Denne noted “that is your job”.
Commissioner Young noted to Mr. Nelson. You came to this meeting knowing that you were going to talk to Caln and you didn’t call or check on us, you didn’t do anything so at this point someone from Representative Houlahan’s office better call the Township office and check on us. If not, don’t bother calling us again. Commissioner Young also noted that Caln had people who lost everything, and there are two people in Downingtown dead.
Commissioner Young noted that is appalling that your office would send someone to talk about this when Caln litterly had people who lost everything.
Ms. Denne asked Mr. Nelson if the Township is going to get FEMA funding, say we have a million dollar project, what percentage the Township can expect from FEMA to fund. There are probably five bridges at no less than 1 million dollars a piece that will need to be replaced.
Mr. Nelson noted that there is no way for him to answer that question right now. Caln has not even been identified as part of the disaster area.
Kristen Denne noted that you, Mr. Nelson work for a congressional office and you haven’t called any of your colleagues that have gone through this in other areas, and said “what can our people expect from FEMA”?
Ms. Denne noted that there is the residential funding and the Municipal and public improvements funding. Ms. Denne asked Mr. Nelson if there will be a point of contact to help Caln’s residents.
Ms. Denne noted that every storm the four underpasses flood and people go through what they think is only one foot of water, however, under that water is about six feet[AS2] of gravel which comes from the Amtrak train station and they sink and need to be rescued. Ms. Denne asked Mr. Nelson to call Amtrak and ask them to build some retention around their stones so the she does not have to continuously send out Caln’s Public Works Employees, Fire Fighters, and Police Officers to rescue cars and people from the underpasses.
Mr. Nelson thanks Caln for having him speak tonight.
Ms. Denne apologized to everyone in the audience and noted that if Caln does not fight to get their funding and every resource for them, they will not get it.
Noel Bernard of 1508 Caln Meeting House Road noted that she has been attending Board meetings for the last eighteen years, and the situation with Mr. Nelson is appalling. Ms. Bernard noted that the Commissioners, Ms. Denne, the Public Works Department, and Police Department have all done so much for this Township.
Ms. Bernard noted that she thanks the Township for all they are doing for Caln residents.
Township Solicitor – Ms. Camp
Hearing for the Property Maintenance Edits in Chapter 120 – For Board consideration Ms. Camp noted
that this is something that was considered at a meeting in July. It was a recommendation from Staff that you take two existing provisions in your Zoning Code and move them into the Property Maintenance Code. The recommendations are prohibiting motor vehicles and recreational vehicles to be parked on grass, and prohibit major recreational equipment such as boats, boat trailers, travel trailers, and motorized dwellings to be parked or stored on any public street. They will be allowed to be parked on private lots provided that they are either within an carport, within a completely enclosed building, or within the side or rear yard but at least 20 feet from the property boundary.
Ms. Camp noted that the proposed language is verbatim to what is already in the Zoning Ordinance, and the ordinance would propose to add them to Caln’s Property Maintenance Code, which is enforced in inan easier enforcement mechanism for the Code Department to site if there are violations.
Ms. Camp noted that this was advertised for consideration at tonight’s meeting, and the ordinance has not changed since it was before the Board in July.
Commissioner Mullin called for Board and public comments.
Tony DiSario of 251 Loomis Avenue asked if this change pertains to the small trailers you tow behind or anything like that. M. Camp noted that what Mr. DiSario noted is prohibited on a street or within a lot except for the places she previously mentioned.
Mr. DiSario noted that the trailer that he tows behind is small. Ms. Denne noted that this is fine.
Commissioner Mullin noted that having this will be less expensive for the resident as well as the Township.
Mr. Stackhouse noted that this allows the Codes Department to work with residents in a simpler manner.
Commissioner Mullin entertained a motion adopting Ordinance 2021-06 An ordinance amending Chapter 120 of the Caln Township Code, Titled “Property Maintenance,” to prohibit parking of motor vehicles and recreational vehicles on grass and to prohibit recreational equipment from being parked or stored on a public street or in the front yard of a lot. Moved by Commissioner Evans and seconded by Commissioner Young.
Vote passed 5-0.
Township Engineer – Mr. Kulakowsky
Hurricane Ida Storm Updates – Ms. Denne noted that Mr. Kulakowsky has been one of the heroes this week too.
Mr. Kulakowsky shared “NOAA Atlas 14” on the screen (NOAA). Mr. Kulakowsky noted that the NOAA chart goes up to a thousand year storm. Mr. Kulakowsky used the Municipal Building address and NOAA’s chart shows 6.9 inches in seven hours and 9.3 inches in twelve hours for a thousand year storm based on 10 inches in seven hours.
Mr. Kulakowsky presented pictures of the underpasses, bridges and Township roads throughout the Township.
Mr. Fragale noted that the Marshallton/Thorndale underpass received twenty loads of stone from the August 20 storm and ten loads from the September 1 storm, and they could not clean up the rest of the stones.
Mr. Kulakowsky noted that the Fisherville Road Bridge was closed before the storm. He also noted that a forty foot long tree came down the stream at approximately 40-50 miles an hour and hit the bridge and now there is no bridge, and the entire side of the East Brandywine side of the road collapsed. Mr. Kulakowsky also noted that there is a washout along the side of Fisherville Road that has now undermined the integrity of the road.
Mr. Kulakowsky noted that the bridge that is directly downstream north of the bypass is closed, and they will be doing a structural analysis in the next two weeks to see if it can be repaired or needs to be replaced.
Mr. Kulakowsky noted that on the Municipal Bridge the water has removed the embankment, tunneled under the road and created a tunnel completely under the abutment and came out the other side.
Mr. Kulakowsky noted that the Osborne Road Bridge has severe damage to the road and the corner has a severe washout. The water came through the upside of the bridge and undermined the road approximately 6 feet.
Commissioner Mullin asked Mr. Kulakowsky how the bridge is. Mr. Kulakowsky noted that the bridge itself if fine. Mr. Kulakowsky noted that ARRO is sending someone with bridge certification to look at the bridge.
Mr. Kulakowsky noted that along Lloyd Avenue there is a giant gravel bar that was deposited by the storm and contributed to pushing the stream closer to Lloyd Avenue. Another 2 feet and the stream could undermine Lloyd Avenue. Mr. Kulakowsky also noted that this needs to be taken care of before it becomes a major issue.
Mr. Kulakowsky noted that NTM Engineering Inc. was contracted by PennDot to inspect the Municipal and Ayerwood Bridges. They found that the Ayerwood Drive Bridge was find, and they had no issues, and the Municipal Bridge is structurally unsound.
Mr. Kulakowsky noted that the Bondsville Road Bridge is fine, however, the road is undermined.
Commissioner Evans asked Mr. Kulakowsky if the Lloyd Avenue Bridge was [AS3] looked at. Mr. Kulakowsky noted that the Lloyd Avenue Bridge is a Chester County owned Bridge therefore their bridge inspector McCormick Taylor Engineering will be inspecting it.
Commissioner Evans noted that on the south side of the bridge is in Downingtown and they put cones in the sink holes, however, they still look dangerous.
Mr. Kulakowsky noted that as of today the Spackman Farm roof demolition is scheduled for September 13 with four to five weeks depending on the weather. Mr. Kulakowsky also noted that he has to provide a detour map so the workers can get their truck there.
Commissioner Mullin called for public comment. There were none.
Emergency Engineering Work Orders – There were none.
Township Manager
Ratification of Emergency Declaration – Ms. Denne noted that during the storm she had to contact the Board to declare an emergency declaration. Ms. Denne requested that the Board formally ratify that emergency declaration at tonight’s official meeting.
Commissioner Mullin entertained a motion to ratify an Emergency Declaration from September 1, 2021 regarding the Ida storm. Moved by Commissioner Evans and seconded by
Young.
Vote passed 5-0.
Ms. Denne recognized and thanked the heroics of many of their employees in the storm last week, and the continued dedication after the storm.
Ms. Denne noted that the administration office was closed the day after the storm because all but two township roads were closed, and for the safety of the employees. They came in anyway.
Ms. Denne noted that the Public Works Department were in things out of their element. At one point they were transporting Medics because ambulances could not get through. Police Officers were stranded in their vehicles. The Fire Department worked continuously. Mr. Stackhouse has truly been the stoic force through this storm coordinating between the State, County, and department heads.
Ms. Denne stressed for people to not go through barricades or yellow tape. Ms. Denne noted to please treat Bondsville Road for local traffic, meaning only for the residents who live there.
Amendment to the Civil Service Rules – Chief Elias noted that on August 12 the Civil Service Commission met and revised the civil service rules with some of the revisions being housekeeping. Downingtown and Caln have tweaked their rules so they are consistent. In particular, scoring on written and oral exams in the selection process.
Chief Elias noted that on page 12 section 4.1 of the rules they went from a weighing of 50% written to 50% oral and 60% written to 40% oral. Chief Elias also noted on page 13 they went from a passing score on the written and oral exam from 75% to 70%. Both of these changes are fairly consistent with civil service rules throughout the state.
Chief Elias noted that the other changes were consistent with Act 57 of 2000. Act 57 and 59 both passed last year and both are pre George Floyd law changes. Act 57 tightened the background investigation process as it pertains to hiring police officers and the hiring standards as it relates to police officers current, and prior employment with police departments.
Chief Elias noted that changes to section 4.9 are things that they already have been doing in the eight years that he has been Chief of Police. Section 5.2 affects the Board of Commissioners because in the past when they issued a conditional offer of employment to a police applicant it was after the background investigation was completed. Act 57 now requires that the Board or the hiring authority issues a conditional offer and then the police have access to the Municipal Police Officers Education and Training Commission (MOPEC) database, which is a warehouse of records of police officers as it relates to any potential disciplinary problem that would prohibit them from hiring a candidate.
Commissioner Mullin called for Board comment. There were none.
Commissioner Mullin entertained a motion to approve the amendments to the civil service rules. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
Vote passed 5-0.
Zoom Room Cost Update – Ms. Denne noted that the Township is waiting for a couple parts, and then they will be ready to install the equipment.
Ordinances and Resolutions for Consideration
Ordinance 2021-06 An Ordinance Amending Chapter 120 of the Caln Township Code, Titled “Property Maintenance,” to Prohibit Parking of Motor Vehicles and Recreational Vehicles on Grass and to Prohibit Recreational Equipment from Being Parked or Stored on a Public Street or in the Front Yard of a Lot – Resolution 2021-06 was approved under Township Solicitor.
Resolution 2021-27 A Resolution Acknowledging the Receipt of 2022 Minimum Municipal Obligation Worksheet for Inclusion of said Obligation for the Police Pension Plan in the 2022 Calendar Year Budget – For Board consideration, Ms. Denne presented Resolution 2021-27, and noted that the 2021 payment was 664,132 the 2022 payment is 627,457.
Commissioner Mullin entertained a motion acknowledging Resolution 2021-27 a resolution acknowledging the receipt of the 2022 minimum municipal obligation worksheet for inclusion of said obligation for the Police Pension Plan in the 2022 calendar year budget. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board and resident comment. There were none.
Vote passed 5-0.
Resolution 2021-28 A Resolution Updating the Township Fee Schedule – For Board consideration, Chief Elias presented Resolution 2021-28.
Chief Elias noted that police reports are subject to the Right to Know Law, and audio/video recordings by police are under Act 22 of 2017. If the police receive a request for a police report, they can either release it or not, currently they do not release it if it contains investigative, informative or confidential information.
Chief Elias noted that body camera and in-car video is different based on Act 22 of 2017 so if we were to get a request for body camera footage, they have to go start to finish and redact parts of that video that can and cannot be released. He also noted that the office of Open Records in Harrisburg has authorized police departments to charge up to $100 per request. Chief Elias also noted that their department is starting to receive requests for body camera audio and video.
Commissioner Mullin asked Chief Elias if $100 is enough to cover the cost. Chief Elias noted that $100 is the ceiling for what they can charge.
Commissioner Mullin called for Board and resident comment. There were none.
Commissioner Mullin entertained a motion adopting Resolution 2021-28 a resolution updating the Township Fee Schedule. Moved by Commissioner Tindaro and seconded by Commission Young.
Vote passed 5-0.
Resolution 2021-03 A Resolution Designating the 2021 Response Territories for Emergency Service in Caln Township (TABLED 01/28/2021) – Commissioner Mullin noted that Resolution 2021-03 will continue to be tabled.
Minutes to Approve
August 26, 2021 Board of Commissioners Minutes – Commissioner Mullin entertained a motion approving the August 28, 2021 Board of Commissioners Minutes. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board comment. There were none.
Vote passed 5-0.
Finance Department – Ms. Swan
General Checks 47014 to 47070 and Manual Checks 215 to 218 – Commissioner Mullin entertained a motion approving general checks 47014 to 47070 and manual checks 215 to 218. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board comment. There were none.
Vote passed 5-0.
Commissioner Evans noted that he has been told that there is an exposed drainage pipe in Carver Court. Ms. Denne noted that they are on the list for next week.
Boards and Commissions Updates – Summary by Applicable Board Liaison
Parks and Recreation – Commissioner Young noted that their September meeting was cancelled due to Labor Day.
Commissioner Young noted that the movie Frozen II will be shown at the Municipal Park on September 24 at 7:00 PM. He also noted that there will be a Halloween Parade, to be scheduled.
COG – Commissioner Kennedy noted that their August meeting was cancelled. She also noted that their next meeting will be held on September 29 at 7:00 PM
Municipal Authority – Commissioner Mullin noted that the sanitary sewer system experienced high flows with the recent storm. Everything stayed in the pipes within the manholes.
Commissioner Mullin noted that a meter sensor at North Caln Road was lost, however, it was fixed the following morning.
Commissioner Mullin noted that the Aston Avenue metering station went down with no power for several hours, which was a PECO issue.
Commissioner Mullin noted that the trash/recycling hauler was taking extra items put out by residents this week due to the storm. He also asked residents to call the township if they are missing their trash or recycling can. The Municipal Authority department is currently tracking down the homes of the found cans.
DARA – DARA Representative, George Chambers noted that the flooding in Downingtown has impacted the DARA treatment plant and caused approximately $800,000 to $1,000,000 in damages.
Commissioner Evans noted that Downingtown public works department lost all of their trucks except two.
Chief Elias noted that Downingtown lost thirty vehicles in total.
Commissioner Evans noted that Reardon Dental’s practice in Downingtown was wiped out after they recently finished renovations. He also noted that the owner will still move forward with a free food truck on Sunday September 12 benefiting the Lords Pantry located in Downingtown. There will be a band and Thorndale Fire Company will also be there.
Fire Board – Commissioner Young noted that they met a couple of weeks ago and talked about the budget. They approved the numbers that they received from Ms. Swan and Mr. Stackhouse, and it will be sent to the Township. He also noted that the budget requests a full time fire fighter and an additional per diem driver instead of of the current two per diem drivers, and an increase to the appropriation to the fire department to help with ongoing bills.
Historical Commission – Commissioner Tindaro noted that their next meeting will be held on September 15 at 7:00 PM.
Lincoln Highway – Commissioner Young noted that the Township will present the proposed LERTA district to the School Board Committee. It has to have the support of a majority of the committee in order for it to move forward to the School Board to be voted on at the end of the month. He also noted that other than himself and Commissioner Evans, Noel Bernard from the Municipal Authority, Adam Thomas from the Township Planning Commission, and resident Al DiMatteo will also be in attendance. He also encouraged residents to attend the meeting and show their support.
Additional Business – Commissioner Mullin called for additional business. There was none.
Public Comments – Commissioner Mullin called for public comments. There were none.
Commissioner Mullin thanked the township for their work during the storm and the Parkside cleanup.
Ms. Denne noted to call the United Way hotline at 211, and the county also has a lot of resources to help residents.
Adjournment – Commissioner Mullin entertained a motion to adjourn the September 9, 2021 meeting at 9:48. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
Vote passed 5-0.
Respectfully Submitted by,
Denise Miller
Assistant Township Secretary
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