253 Municipal Drive Thorndale, PA 19372
Chester County, Pennsylvania
August 12, 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, and Abbey Swan-Community Outreach Specialist.
Professionals Present: Bryan Kulakowsky-Township Engineer, Kristin Camp-Township Solicitor, John Randolph-MBID of Delaware LLC, and John Jaros-Riley Riper Hollin & Colagreco representing MBID of Delaware LLC.
Special Guest: Brett Klukan-Park and Recreation Commission Member, Penn State Master Gardner, and Penn State Master Watershed Steward.
The Board of Commissioners August 12, 2021 agenda was posted on the Township website, and at the Township building, on August 11, 2021.
The 2021 Township Board of Commissioner’s meetings were published in the Daily Local News, on December 28, 2020.
Commissioner Mullin noted that there was an Executive Session prior to tonight’s Board meeting, regarding legal matters.
Commissioner Evans’ Township Update
Welcome everyone, thank you for joining us. Our meetings are “Neutral Ground”, a place to hear and be heard. Just a reminder that we need to all keep our comments civil and non-judgmental, whether addressing Board Members, Township Employees, or our fellow citizens. We’re all in this together.
- Lloyd Avenue Bridge Lights –There’s “real time” and there’s “PennDot time”. Unfortunately this project runs on PennDot time. Last month we provided an update that once we were approaching the bid process. The bids are currently being certified by the engineers, and the bid is scheduled to be awarded on August 26th. We will continue to keep you updated.
- Zoom Room: Good news, the system has been ordered and will be installed in September.
- Spackman Farm Barn Roof: The contractor is waiting for the roof panels to be completed and delivered, but we are back on track. As timing becomes more clear, we’ll let you know.
- Speeding on Lincoln Highway continues to be a problem. It is not a speedway. It’s a street where families live, and children play. Please, if you need to go fast, use the bypass, that’s what it’s there for.
- So happy to say that tonight we’ll be appointing a new member to the Zoning Hearing Board, and we are in the process of interviewing candidates for the Parks and Recreation Commission. Thank you for stepping up to be part of the solution. Resident volunteers truly make a difference - please consider joining one of our Commissions - it’s the best way to be a part of your Township.
- Tonight we will be revisiting the ordinance to amend Chapter 120 of the Township Code (No motor Vehicles or Recreational Vehicles shall be parked on grass/Major Recreational Equipment shall not be parked on any public street). There was a lot of confusion about the proposed amendments prior to the July 8th meeting, so to recap:
- You can’t park on the grass
- You can park on the street
- You can park commercial vehicles on the street
- You can’t park your boat or other recreational vehicle on the street
- You can park them on a paved surface on your property as long as you are more than 20’ from the property line
- These rules are already on the books as Zoning Code Violations
- The proposed amendments would shift enforcement from Zoning to the Property Maintenance Code
- Zoning Code Violations are a big deal, Property Maintenance Code Violations are not a big deal
- We were finally winning the battle against COVID. Then came the Delta variant. Chester County is now back in the category of “Substantial Spread”. As of Monday, the County’s 7-day Moving Average of COVID positives had increased by 60%. This is not good. Many have fallen victim to disinformation about vaccines, others have chosen to exercise their “personal choice” to not be vaccinated. And that poses a major threat to the wellbeing of their neighbors, the most vulnerable being our children who are too young to be vaccinated. I’m ticked off about this, and you should be too. Look, vaccines are safe, effective, and available FOR FREE. Vaccines are the main reason our lives were returning to normal. Unvaccinated individuals provide the virus with a host where the vaccine can mutate. Without a host, the virus cannot mutate. If it cannot mutate, it will stop spreading, stop causing avoidable deaths, and stop upending all of our lives. If you have not been vaccinated, please do it now.
Citizens to be Heard
Tony DiSario of 251 Loomis Avenue asked who is responsible for maintaining the streams regarding flooding, and over flooding. He noted that there are trees that are damming up the stream. There is also a tree across the stream across from Seltzer Avenue, and the walkway in front of the Township Building is damming up also.
Commissioner Mullin asked Ms. Denne to have Public Works Director, Mike Fragale look at Mr. DiSario’s concerns.
Commissioner Mullin noted that the 100, 300, and 1,000 year storms are causing the flooding. Cleaning out the stream is something that the Township could possibly do but that is not the solution. There is a lot more that needs to be done. He also noted that Ms. Denne and Staff are working on this.
Ms. Denne noted that the stream is a natural occurring stream, it is not a floodway. It is not meant to carry water from a flood. She also noted that a lot of areas around Mr. DiSario’s area are in a flood zone.
Mr. DiSario noted that the new low income housing, and rear entrance driveway are in a flood zone.
Commissioner Evans noted that he recalls when the Township had a really bad storm on June 8, 2021, and Mr. Stackhouse was coordinating a number of things with the county, and they have some ideas that they want to look into, and possibly doing some dredging. This is a big issue they should be delving into a little deeper.
Commissioner Evans noted that Kerr Park has rocks, and mesh along their creek to try and keep the water back. Commissioner Young noted that the Department of Environmental Protection (DEP) did not permit their dredging. He also noted that it is a six month to five year permitting process. It is not something that you can get a backhoe and just go do the work. You need emergency permits, and have to go through the process.
Commissioner Young noted that the Township has cleaned out the stream multiple times especially in front of Pronto’s Bistro and Thorndale Beverage. He also noted that the Township continues to maintain those.
Ms. Denne noted that she was reviewing the “Bridge and Culvert Study” with Commissioner Mullin, and, not even to do any repairs, just to do some reform work of existing stormwater infrastructure, one pipe is almost $500,000. Ms. Denne also noted that what Mr. DiSario is talking about would be millions of dollars to do.
Ester Boyer of 609 Municipal Drive noted that she has concern with the brush and overhanging bushes that are close to the sidewalks in her development of Sylvan Drive and Edge Lane, and basketball hoops are on driveways. Commissioner Mullin asked if the brush is on residential properties. Ms. Boyer noted that they are. Commissioner Mullin directed Ms. Denne to have Mr. Stackhouse look at Ms. Boyer concerns.
Ms. Boyer noted that her and her husband moved into the Township in 1979, and the codes department told them they could not have recreational vehicles in their driveway, and told them to move it or make their driveway go further back so it would be beyond the face of the house. Ms. Boyer asked who is doing codes because there are different kinds of recreational vehicles in front of driveways in Caln Township.
Ms. Camp noted that the Zoning Code today says that you can park it on a lot provided it’s located within a carport, within a completely enclosed building, within the side yard or rear yard of a lot but no closer than 20 feet to a property line or on a non-residential lot, which had previously been approved for storing major recreation equipment. She also noted that Mr. Stackhouse does enforce it when he observes it or receives a complaint. There is a court hearing this week to enforce that section.
Ms. Boyer asked what the problem is with having a recreational vehicle parked in your driveway. Ms. Camp noted that it is a policy decision of the Board. Ms. Camp also noted that the Board could take this into consideration.
Ms. Boyer asked what the difference is with work vehicles being parked in driveways or on the side of the road.
Commissioner Evans noted that you are allowed to park work vehicles on the street. He noted that he may have gone on record earlier stating something incorrectly this evening, which he has stated before from his reading of it that you could park your recreational vehicle on the driveway as long as it is paved. Ms. Camp noted that you cannot. Commissioner Evans noted that he retracts his previous statement on this.
Ms. Camp noted that the existing code section today is in the Township zoning. It is Section 155-137.N, which does not allow recreational vehicles in the front yard.
Ms. Boyer asked if the zoning has anything about parking a big dump truck or work truck in the driveway in front of your house. Ms. Camp noted that there is something about tractor trailer trucks or trailers that are also not permitted within the residential district. Ms. Camp noted that 155-137.M says no commercial vehicle or part having a gross weight of more than 20,000 pounds or in excess of 18 feet in length shall be stored or parked on a parcel of land within a residential district for more than 48 hours unless it is stored within a completely enclosed building or located at least 100 feet from a property line.
Presentation: Riparian Buffer Plantings
Abbey Swan and Brett Klukan presented a brief power point presentation on riparian buffer plantings, and the Penn State Master Water Steward Program. Ms. Swan and Mr. Klukan are both Master Watershed Stewards.
Mr. Klukan noted that this riparian planting is based on the Penn State Master Water Steward Program. The program was established to strengthen local capacity for the management and protection of water sheds, streams, and rivers by both educating and empowering volunteers across the common wealth. He also noted that those who want to become Master Water Shed Stewards through the Penn State program will have to do forty hours of initial training as well as fifty hours of volunteering in the first year, and twenty hours in the subsequent year.
Ms. Swan noted that the benefits of riparian buffers is that they shade the water, which cools it down, it adds to stream based stabilization, they also intercept runoff, it adds to stream based stabilization, they also intercept runoff, provide wildlife, and enhances by diversity of plants and insects and animals and specifically we are talking about native trees and shrubs, which support natural ecosystem and provide habitat.
Ms. Swan noted that they have been working with the Chester County Conservation District, and Keystone “10 Million Trees Partnership” who is trying to plant 10 million trees by 2025 with some help from “Restore our Roots”, which is located in Downingtown.
Ms. Swan noted that they requested five-hundred native trees, and shrubs to plant at Lloyd Park. They also will be using protective tree tubes. She also note that the plantings will be done on Saturday November 6, 2021 with Sunday November 7, 2021 as the rain date.
Ms. Denne noted that this is a wonderful addition to the Township, and she thanked Ms. Swan and Mr. Klukan for all their work on this.
Mark DeYoung of 20 Beaver Run Road noted that his house backs up to Beaver Run Road and Beaver Run townhomes, and a lot of trees are dying in the wetlands. Mr. Klukan noted that the Penn State Master Gardner program offers Pennsylvania residents free gardening advice. Mr. Klukan asked Mr. DeYoung to provide pictures, and he will help him move forward.
Ms. Denne asked how residents could donate to this program. Mr. Klukan noted that he will contact the Conservative District, and get information on how to donate.
Ms. Denne asked Ms. Swan to talk about the Municipal Park garden. Ms. Swan noted that the Township is in the process of transforming the Memorial Garden into a Native Pollinator Garden.
Township Solicitor – Ms. Camp
MBID of Delaware, LLC Conditional Use Permit/Approval request for this Project until on or Before December 31, 2023 – 120 Apartment Units Project – Ms. Camp noted that MBID of Delaware LLC is the equitable owner of the property located on the north side of Lincoln Highway between Seltzer Avenue and North Caln Road. They had conditional use approval on October 29, 2020 to develop an apartment complex known as the Willows of Valley Run, which would consist of six buildings with a total of one hundred twenty apartment units with a community building, recreational facilities, off street parking, sidewalks, utility, and stormwater management.
Ms. Camp noted that the code says that after conditional use approval is granted they have a period of twelve months from the date of the Board’s approval to obtain a building permit. They have not obtained their building permit nor filed for their land development plans.
Ms. Camp noted that Mr. Jaros sent in a letter on July 15, 2021 asking if the Board would agree to extend the conditional use for a period of two years. He explained in his letter that the Applicant is seeking financing from the Pennsylvania Housing Financing Authority, which takes some time. If they do not receive the grant in the first round, they would like the opportunity to file again in the second round, which would occur in the fall or winter of 2022 therefore; they are asking the Board to extend the time frame for the conditional use approval of two years, which would be October 29, 2023.
Ms. Camp noted that the Municipal Planning Code, which is the state law that governs the Board’s authority, with respect to zoning has provisions relating to conditional uses. Section 917 says that once a conditional application is filed if the applicant obtains conditional approval they are protected from changes in the ordinance for a period of six months or any longer period that the Board would set forth in the ordinance so that they are not required to comply with new ordinances that come into effect provided that they file their land development application within a period of six months. She also noted that the township ordinance is unique in that it is not tied to when you file your land development plans, it is tied to when you file for a building permit.
Ms. Camp note that she had conversation with Ms. Denne and Mr. Stackhouse today, and she thinks there should be a change to Section 155-172.I, which requires that you to get your building permit in six months. She believes that this is not realistic for anyone that needs to get land development.
Ms. Camp noted that as far as staff is concerned, they have no problem with this request however, the Chester County Water Resources Authority is promulgating a new stormwater ordinance currently. Today all Municipalities in Chester County had to adopt Act 167 Stormwater Ordinance, and the county is working on amendments. She thinks those amendments would be adopted within the next two years. Ms. Camp also noted that their recommendation to the Board is if you do grant this extension that you did it with the condition that the applicant would have to comply with any changes to the stormwater management ordinance that would be adopted in that time frame.
Mr. Jaros noted that the condition with respect to the stormwater management provisions is the first he heard of this. He noted that he has a concern on behalf of his client to how this may impact the conditional approval that was obtained. He offers on behalf of the Applicant is somewhat of a reluctance of a condition that would subject them to a change in stormwater management regulations, which could negatively impact the project.
Mr. Randolph also has concern.
Mr. Jaros noted that he recalls that their civil engineers took this into account but cannot recall with absolute certainty.
Ms. Camp believes they may not be design changes, and suggest two options. The Board could agree to not put this as a condition given where they are in the process or they could take a step back and not have the Board make a decision tonight because they still have more time. They can get a draft of the ordinance, and see if it would not require design changes so much as notification requirements.
Commissioner Mullin noted that the Board would like to see the stormwater ordinance, and table this for more discussion until the August 26, 2021 meeting.
Approval for Solicitor to Attend Zoning Hearing on September 2, 2021 for 4431 Lincoln Highway – For Board consideration, Ms. Camp asked for Board authorization for the Solicitor to participate in a zoning hearing on September 2, 2021. Ms. Camp noted that Mr. Stackhouse sent a notice of violation to the tenant at 4431 Lincoln Highway for operating a use that is not allowed by the certificate of occupancy. They appealed that notice of violation and sought a special exception in the alternative, and under the state law it is the Township’s burden to prove the violation.
Commissioner Mullin entertained a motion authorizing the Solicitor to participate in the September 2, 2021 zoning hearing, with Mr. Stackhouse to uphold the notice of violation. Moved by Commissioner Evans and seconded by Commissioner Kennedy.
Vote passed 5-0.
Act 50 Small Wireless Updates and Resolution – Ms. Camp noted that the Board previously received something from the Cohen Law Group advising the Township that the state law has changed, and that there has been a new law on Act 50 Small Wireless Facilities Deployment Act. This is a legislation that the Wireless Facility Providers, and Municipalities worked together on. Mr. Dan Cohen is an expert in Pittsburg and focuses on cable law and wireless facilities, and he was very involved in drafting this legislation. Ms. Camp also noted that the law really mirrors the federal law.
Ms. Camp noted that the Board adopted a new ordinance in October 2020 to regulate small wireless facilities in Caln Township. At the time, they were looking at the federal law, there have been changes in the federal law that promoted, and wanted to allow small wireless facilities located in the right of ways.
Ms. Camp noted that her colleague, Kim Venzie came to the conclusion that there are no significant changes that you have to account for because the state law does not do much different than the federal law already did therefore; the ordinance adopted in October 2020 covers the relevant law from a federal and state law stand point. Ms. Camp also noted that the one change that the state law now allows you to do is that you can mandate that small wireless facilities, in certain areas, are constructed underground.
Ms. Camp noted that when the Township adopted an ordinance they also adopted a resolution that has design guidelines for these type of facilities. Within the design guidelines it reads that in residential districts where all the utilities are located underground it is a preference that the Township would like to avoid placement of wireless support structures in the neighborhoods however, there may be instances where they cannot be underground. The new state law gives you stronger teeth to mandate that the small wireless facilities be underground. Ms. Camp also noted that there still is an exception process that the state law allows a wireless provider to seek, and that would require a public hearing.
Ms. Camp noted that her colleague, Kim Venzie suggested that if the Board would like to see or designate that these facilities have to be underground in areas where all of the other utilities are underground, they could change the design guidelines to mirror what the state law is now allowing you to do.
Commissioner Mullin asked Ms. Camp if there are any issues with having the new cell systems underground. Ms. Camp noted that she does not know enough about the technology but it seems to her that the state law when it was passed, with such a provision and how much the wireless facility providers were involved in the drafting of the legislation, she does not think they would of allowed it to go forward in the law if it became very problematic. Ms. Camp also noted that the law also says that you cannot enact regulations that effectively prohibit the location or the insulation of these facilities. The law is geared towards striking a balance between allowing the technology to go forward but also to protecting the zoning regulations and exercising your typical zoning powers.
Ms. Camp noted that she does not think generally speaking, that there is a reason why they cannot be underground. That is why the state law was written to give the provider the ability to have a public hearing and to request an exception, if for a neighborhood or street it was problematic.
Commissioner Mullin asked Ms. Denne how many neighborhoods have powerlines etc. underground. Ms. Denne noted that there are very few. Kings Grant and a portion of Bailey. She noted that it is mainly the new neighborhoods built since 2000. Commissioner Young noted that they are also buried underground in the Links Development.
Commissioner Mullin asked Ms. Camp if the facilities pay to install them underground. Ms. Camp noted that if your ordinance requires it.
Commissioner Mullin called for Board comment.
Commissioner Tindaro asked Ms. Camp the process to incorporate this change. Ms. Camp noted that she would present a revised resolution to Resolution 2020-50 at the August 26, or September 9 meeting.
Commissioner Mullin called for a consensus of the Board. All were in agreement for Ms. Camp to move forward with a revised resolution.
Commissioner Mullin called for public comment. There were none.
Township Engineer – Mr. Kulakowsky
2021 Road Program – Mr. Kulakowsky noted that he is waiting for PennDot to give the liquid fuel approval.
Lloyd Avenue Traffic Signal – Mr. Kulakowsky noted that they vetted the five bids received. He also noted that the consideration for the bid award will be on the August 26, 2021 Board agenda.
Spackman Farm – Mr. Kulakowsky noted that the roof panels have been ordered.
ARRO PSA Agreement 0821-PT01 to Provide Consulting Engineering Services to Assist Caln Township with the G.O. Carlson Boulevard Bridge Repair Project – For Board consideration, Mr. Kulakowsky offered ARRO’s PSA Agreement 0821-PT01 to provide consulting engineering services to assist Caln Township with the G.O. Carlson Boulevard Bridge repair project, in the amount of $15,388.
Mr. Kulakowsky noted that on June 11, 2021, the state inspected the Township bridges after the June 8, 2021 run-off event. Two Township bridges were identified with critical 1 scour damage. The Municipal Drive Bridge as it approaches G.O. Carlson, and the bridge down G.O. Carson where Valley Run crosses G.O. Carlson.
Mr. Kulakowsky noted that Pickering Courts is a third party consultant to PennDot that has been hired to do the bridge inspections. Mr. Kulakowsky shared the bridge inspection reports on the screen showing the changes from 2019 to June 20, 2021.
Mr. Kulakowsky noted that because they have to go into the water to do work, they have to get a GP-11 permit for maintenance, testing, repair, and rehabilitation of water or encroachments within the water itself.
Commissioner Mullin asked Mr. Kulakowsky if there are any serious damages at this moment. Mr. Kulakowsky noted that the damage is under water so you cannot see it. Mr. Kulakowsky shared the pictures on the screen of the damages to the bridges.
Commissioner Tindaro asked Mr. Kulakowsky what type of materials they will be using for the bridge repair. Mr. Kulakowsky noted that if there is a lot of rock that has been washed in there then they can use the natural rock.
Commissioner Mullin asked if the G.O. Carlson repair the “bridge to nowhere”. Mr. Kulakowsky noted that is the one crossings over on G.O. Carlson, and is closer to Bailey Road.
Ms. Denne noted that PennDot noted there is no harm on the bridges right now however, PennDot requires that the work be completed in the next six months.
Mr. Kulakowsky noted that none of the issues identified in the report are anything for the structural integrity or the weight limits of the bridges. This is repair it now before it gets to the point of impacting the integrity of the bridge.
Commissioner Mullin called for further Board comments and public comment. There were none.
Commissioner Mullin entertained a motion to approve ARRO’s PSA Agreement 0821-PT01 providing consulting engineering services to assist Caln Township with the G.O. Carlson Boulevard Bridge repair project, in the amount of $15,388. Moved by Commissioner Tindaro, and seconded by Commissioner Evans.
Vote passed 5-0.
ARRO PSA Agreement 0821-PT02 to Provide Consulting Engineering Services to Assist Caln Township with Municipal Drive Bridge Repair Project – For Board consideration, Mr. Kulakowsky offered ARRO’s PSA agreement 0821-PT02 to provide consulting engineering services to assist Caln Township with the Municipal Drive Bridge Repair Project, in the amount of $15,388.00.
Commissioner Mullin called for Board and public comment. There were none.
Commissioner Mullin entertained a motion to approve ARRO’s PSA Agreement 0821-PT02 providing consulting engineering services to assist Caln Township with the Municipal Drive Bridge Repair Project, in the amount of $15,388.00. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Vote passed 5-0.
Township Manager – Ms. Denne
Appointment of Chester County Solid Waste Authority Township Representative – Ms. Denne presented the need to appoint someone as the Township representative for the Chester County Solid Waste Authority.
Commissioner Mullin called for Board comment.
Commissioner Evans nominated Commissioner Mullin to be the Township representative for the Chester County Solid Waste Authority.
Commissioner Mullin accepted.
Commissioner Mullin entertained a motion to appoint himself, Paul Mullin as the Township representative for the Chester County Solid Waste Authority. Moved by Commissioner Kennedy and seconded by Commissioner Tindaro.
Vote passed 5-0.
Appointment of Member to Zoning Hearing Board – Ms. Denne note that there are several vacancies on the Zoning Hearing Board. Two have been interviewed, and another resident needs to be interviewed before the August 26 meeting.
For Board consideration, Ms. Denne offered Mr. Anthony Pierrello for appointment consideration to the Zoning Hearing Board.
Commissioner Mullin entertained a motion to appoint Mr. Anthony Pierrello to the Zoning Hearing Board. Moved by Commissioner Young and seconded by Commissioner Evans.
Commissioner Young asked if Ms. Denne knows what Mr. Pierrello’s term would be. Ms. Denne noted that Ms. Miller will find out, and provide his term.
Vote passed 5-0.
Update on Act 65 Sunshine Law Revisions – Ms. Denne noted that she previously sent the Board PSATS information, and a “cheat sheet” for Board Members on the new Act 65 Sunshine Law revisions. Ms. Denne noted that the Township already does most of the things on the update.
Ms. Denne noted that the big change is where there are only certain instances where you can waive the agenda and or act on things that are not on the agenda. If things are what would be considered “de minimus” in value meaning that there is no contract or monetary expenditure much like the Board did tonight making a recommendation that Mr. Camp prepare a resolution for a meeting. If anything where there is going to be a contract or expenditure of money has to be on the agenda.
Ms. Denne noted that there are instances when you do not have to do that. Such as if it is an emergency situation or something was brought up 24 hours before a meeting such as something happened 24 hours before a meeting such as an overnight storm and an emergency contract was needed for the cleanup, you could make a motion to waive the agenda, and add that item to the agenda, post it in the minutes, and post the revised agenda the following day.
Commissioner Evans asked if this change is just for the Board of Commissioners. Ms. Denne noted that it is for all Commissions and Committees. It does not start until August 29 however, the Township has been following it already.
Commissioner Kennedy asked if agendas are archived. Ms. Denne replied that the Township does archive the agendas. Ms. Denne also noted that the Township follows the state guidelines. Minutes and agendas are a permanent record.
Commissioner Mullin called for public comment. There were none.
Partnership with Habitat for Humanity – Ms. Denne noted that the county has started doing judicial and sheriff sales again. Due to the cost of housing Habitat for Humanity (Habitat) of Chester County is changing their model, and looking for existing homes that they can rehabilitate versus buying lots and building new homes.
Ms. Denne noted that she went with Habitat and looked at 5 Marshall Circle and 11 Brooks Lane. Habitat was very interested in purchasing both homes through judicial or sheriff sale, and then rehabilitating them and putting them into homeownership, and ultimately back into taxation.
Ms. Denne noted that this would be really good for these neighborhoods because a lot of times in a judicial sale it goes to landlords and they turn them over to renters. Ms. Denne also noted that this also helps to contribute to making affordable housing available. To be considered for affordable housing in Chester County you have to make at least $70,000. It is zero percent down, and after fifteen years they forgive the mortgage for them.
Ms. Denne noted that it would help if the Township would waive any Township liens that may be on these properties, and that money could go into the rehabilitation of the home. Ms. Denne also noted that she would present a separate resolution for each property to do this.
The Board thought that Ms. Denne’s presentation was a good idea.
Ms. Denne noted that the police are taking pictures of dog, cats, and other animals with the police handkerchief on.
Ordinances and Resolutions for Consideration
Resolution 2021-24 Resolution Authorizing the Board President and Township Manager/Secretary to Sign, and Submit a Cooperative Memorandum of Understanding on Behalf of Caln Township with the Pennsylvania Department of Transportation for the Installation of Electrical and Communication Cable, Travel Time Readers (TTR) and Closed Circuit Television Camera (CCTV) at the Identified Locations – For Board consideration, Ms. Denne presented Resolution 2021-24 for the Installation of electrical and communication cable, travel time readers, and closed circuit television camera (CCTV) at East Lincoln Highway and North Caln Road, East Lincoln Highway and Bondsville Road, Bondsville Road and Humpton Road, Manor Avenue and Lloyd Avenue, and (CCTV) at East Lincoln Highway and Barley Sheaf Road.
Commissioner Young asked if they took the cameras down. Ms. Denne noted that this is for the upgrading of the signal controllers only.
Commissioner Young noted that the meter is gone at Barley Sheaf Road and 30.
Commissioner Kennedy asked if this helps with traffic control. Ms. Denne noted that it does.
Commissioner Tindaro asked if this has anything to do with traffic enforcement. Ms. Denne noted that the police have access to look at the CCTV but cannot do any enforcement from it.
Commissioner Young asked if the Township has to pay for any of the upgrades. Ms. Denne noted that this is “turn back”. PennDot installs it, and then turns it over to the Township for maintenance.
Commissioner Mullin called for public comment. There were none.
Commissioner Mullin entertained a motion adopting Resolution 2021-24 authorizing the Board President and Township Manager/Secretary to Sign, and Submit a Cooperative Memorandum of Understanding on Behalf of Caln Township with the Pennsylvania Department of Transportation for the Installation of Electrical and Communication Cable, Travel Time Readers (TTR) and Closed Circuit Television Camera (CCTV) at the Identified Locations. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Vote 5-0
Resolution 2021-25 A Resolution Appointing Authorized Signers for the Caln Township Police Pension Fund and Police Pension Board – For Board consideration, Ms. Denne offered Resolution 2021-25 appointing authorized signers for the Caln Township Police Pension Fund, and Police Pension Board.
Commissioner Evans asked who the signers are. Ms. Denne noted that Commissioner Mullin, Commissioner Kennedy, Commission Young, and she is as the pension administrator.
Commissioner Mullin called for public comment. There were none.
Commissioner Mullin entertained a motion adopting Resolution 2021-05 authorizing signers for the Caln Township Police Pension Fund and Police Pension Board. Moved by Commissioner Young and seconded by Commissioner Tindaro.
Vote passed 5-0.
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 (TABLED 7/8/2021) – Commissioner Mullin asked if anyone from the Board wanted to open Resolution 2021-06. Board consensus was to keep this resolution tabled.
Resolution 2021-03 A Resolution Designating the 2021 Response Territories for Emergency Service in Caln Township (TABLED 01/28/2021) – Commissioner Mullin asked if anyone from the Board wanted to open Resolution 2021-06.
Commissioner Young noted that this would have to be re-advertised before the Board opened it up again. Ms. Denne noted that she will check with Ms. Camp.
Commissioner Evans noted that he would like to have it continue to be tabled in order to get more clarity on it.
Minutes to Approve
Motion to Approve the July 8, 2021 Board of Commissioners Minutes – Commissioner Mullin entertained a motion to approve the July 8, 2021 Board of Commissioners minutes. Moved by Commissioner Young and seconded by Commissioner Tindaro.
Commissioner Mullin called for Board comments. There were none.
Vote passed 5-0.
Minutes to Acknowledge
Acknowledgement of the May 25, 2021 Approved Planning Commission Minutes – Commissioner Mullin entertained a motion acknowledging the May 25, 2021 approved Planning Commission minutes. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy.
Vote passed 5-0.
Finance Department
Motion of approval for General Checks 46770 to 46954 and Manual Checks 207 to 214 – Commissioner Mullin entertained a motion to approve general checks 46770 to 46954, and Manual Checks 207 to 214. Moved by Commissioner Tindaro and seconded by Commissioner Young.
Commissioner Mullin called for Board and public comment. There were none.
Vote passed 5-0.
Boards and Commissions Updates – Summary by Applicable Board Liaison
Parks and Recreation – Commissioner Young noted several discussions held at their July 2021 meeting.
Commissioner Young noted that the July movie night went well. He noted Chico’s Vibe concert and fireworks on August 27 at 7:00 PM, and the movie Frozen II on September 24 at 7:00 PM. He also noted that they have two credits so they are asking Schaefer Fireworks if they could do an extra-long show for those two credits.
Commissioner Young noted that they talked about converting the open space behind Thornridge Development into a wild flower meadow. This would save on mowing the grass, and help with the Township MS4 permitting.
Commissioner Young noted that they also talked about possibly having a New York bus trip in 2022.
Commissioner Kennedy and Commissioner Young noted that the Downingtown Chambers and the Western Chester County Chamber provided complementary Reading Phillies tickets to the Township.
COG – Commissioner Kennedy noted several discussions held at their July 202l meeting.
Commissioner Kennedy noted they met in-person in Parkesburg. They discussed animal control, events, and the Western Chester County and Downing Chamber Reading Phillies tickets, and in-house COG meeting room availability. Ms. Denne noted that our meeting room is small and she does not know how many people could fit in it by the guidelines. Ms. Denne also noted that the Township is also requiring mask wearing again for staff and entering the building.
Commissioner Kennedy noted that the new license ID has been extended to May 3, 2023, due to COVID-19.
Municipal Authority – Commissioner Mullin noted several discussions held at their July 2021 meeting.
2022 I&I Project – Commissioner Mullin noted that Staff has informed the Municipal Authority that the Phase 4 grouting project was identified to involve the testing of all pipe joints, grouting of joints that failed the test for approximately 2,400 linear feet and 21 inch diameter gravity sewer and approximately 1,777 feet of 24 inch diameter gravity sewer.
Commissioner Mullin noted that the bid will also include an “add-alternate” option for testing grouting for approximately 1,686 linear feet of 8 inch sanitary sewer line. The Municipal Authority authorized Gilmore to assemble the bid package, and post for the bid the Phase 4 Caln Interceptor repair contract with the anticipated bid opening mid November of 2021.
5013 Horseshoe Pike – Commissioner Mullin noted that they discussed their proposal for 5013 Horseshoe Pike to extend the low pressure system from Royal Farms to their property in order to connect their three unit dwelling to public sewer.
Two remaining contractors are finishing up their punch list, and the wet weather programming was installed on June 16, 2021. Staff is currently working with the programmer to address these concerns.
DARA – Commissioner Mullin noted that the chlorine leak in June that was coming out of the DARA plant is fine now. They are making equipment modifications and installing emergency shut off systems to prevent any future incidents. Commissioner Mullin also noted that they are looking to replace the chlorine treatment with a UV system.
Fire Board – Commissioner Young noted a few discussions held at their July 2021 meeting.
Commissioner Young noted that they have a meeting next week, and asked Commissioner Mullin to call him tomorrow.
Historical Commission – Commissioner Tindaro noted that their July meeting was cancelled,
Commissioner Tindaro noted that the Spackman Farm panels have been ordered.
Commissioner Evans noted that they will resume their meetings on September 15.
Lincoln Highway – Commissioner Young noted a few discussions held at their July 2021 meeting.
Commissioner Young noted that after a lot of hard work and behind the scenes work they were invited to present a new five year LERTA to the School Board. On Monday he received word that a Board Member would not be at the Finance Committee meeting so they were asked to move back to the September committee meeting.
Additional Business
Commissioner Mullin called for additional business. There was none.
Public Comments
Commissioner Mullin called for public comment. There were none.
Adjournment
Commissioner Mullin entertained a motion to adjourn the August 12, 2021 meeting at 9:36 PM. Moved by Commissioner Evans and seconded by Commissioner Tindaro.
Vote passed 5-0.
Respectfully Submitted by,
Denise Miller
Assistant Township Secretary

commissioners_minutes_08.12..2021.pdf |