253 Municipal Drive - Thorndale, PA 19372
August 8, 2019 Minutes
Attendance – Jennifer Breton-President (Absent), George Chambers-Temporary President, Joshua Young-Commissioner, Lorraine Tindaro-Commissioner, Chuck Kramer-Commissioner, Chuck Wilson-Finance Director, Kristen Denne-Township Manager/Secretary, Kristin Camp-Township Solicitor, and Denise Miller-Assistant Township Secretary.
Citizens to be Heard
Commissioner Chambers called for Citizens to be Heard on agenda items only. There were none.
Township Solicitor-Ms. Camp
Downingtown Investors-Taco Bell Request for the Board to Extend the Conditional Use Approval per Lou Colegreco’s Letter Dated 7/26/2019 – Representing Downingtown Investors, LLC, Gina Gerber noted Conditional Use Approval was granted to Downingtown Investors, LLC by the Board of Commissioners on September 13, 2018, for a commercial drive-thru for a Taco Bell Restaurant. According to the Township Ordinance, the Conditional Use Decision expires if the applicant has not obtained a building permit within one year of the date of the Board’s decision. She noted they obtained Final Land Development Approval of their Preliminary/Final Land Development Plan and are waiting on the issuance of the HOP permit, in order to proceed with the development. She also noted that she is here requesting an additional four month extension of the decision, until January 13, 2020. Ms. Camp recommended the deletion of the ordinance revision, that they are seeking relief from, because they run afoul of the Municipalities Planning Code. Ms. Camp also recommended the extension request, and allow them to move forward and get the HOP, and develop the property in accordance with all the Board approvals thus far.
Commissioner Chambers entertained a motion to extend the Taco Bell extension request until January 13, 2020. Moved by Commissioner Kramer and seconded by Commissioner Tindaro. Vote passed 4-0.
Approval of Stormwater Operation & Maintenance Agreement for McDaid – For Board consideration, Ms. Camp offered a Stormwater Operation & Maintenance Agreement for Brian and Susan McDaid, to be signed by the Board President. She noted this agreement is for the current and future owners.
Commissioner Chambers entertained a motion to authorize the Board President to sign the Stormwater Operation & Maintenance Agreement for Brian and Susan McDaid. Moved by Commissioner Tindaro and seconded by Commissioner Kramer. Vote passed 4-0.
Township Manager – Ms. Denne
DPW Truck Pricing Proposals – Ms. Denne noted under Ordinances and Resolutions there are resolutions for a lease purchase and for the purchase of a 2020 Peterbilt 348 Dump Truck.
Fisherville Road Bridge Payment Recommendation #2 – Ms. Denne noted payment #2 recommendation in the amount of $67,275. She also noted the bridge to be opened approximately in mid-September.
Request from 1554 Bondsville Road – Ms. Denne noted she forwarded this request to the Board of Commissioners for their consideration. Current owners, Mr. and Mrs. DiFilippo requested that their property located at 1554 Bondsville Road get the same consideration as her neighbors located at 1560 Bondsville Road did, and grant her permission to transfer her residential property to East Brandywine Township. Ms. Camp noted an old statue section 8818 paragraph C. that reads; that the boundary lines of any Township and another Township pass through the mansion house, the owner of the land may choose the Municipality in which the land shall be assessed, and if the owner refuses or neglects to choose, the mansion house shall be considered to be entirely located in the Township for assessment purposes.
Ms. Camp noted the Downingtown School District retained Matt Wyman from D.L. Howell’s office. Mr. Wyman described as the meets and bounds by the Spackman property as shown by the yellow lines which has been tied by deed research. The blue line on the aerial plan indicates the location of the Municipal boundary line between East Brandywine and Caln, done by Historical research of the property deeds. The dashed red line is what is shown on Chesco Views which shows the property in Downingtown. She also noted that the last recorded, signed and certified by an Engineer and Surveyor, 1989 subdivision plan of Jeffrey Stirling shows 1554 and 1560 Bondsville Road entirely in Caln Township. The Chesco View map shows that it cuts through the center of the house more of 1560 Bondsville, and is more in East Brandywine and a tiny sliver of 1554 Bondsville is in East Brandywine. Mr. Wyman’s final conclusion is that no one really knows until this actual property is surveyed to determine where the boundary line is, with respect to this parcel. Ms. Camp noted that she spoke with the Downingtown School District Solicitor today, and he said Downingtown School District does not care what Caln and East Brandywine do because they have a different law they apply to where they determine the boundary of which properties are within their enrollment, and is not relevant to how the Board decides. He also said that Downingtown School District has not accepted 1560 Bondsville into their school district.
Mrs. DiFilippo noted that the Board did not have a current survey when they made the decision regarding 1560 Bondsville Road. She also noted that she has a deed decent of her property that goes back to 1781, and much of the narrative says partly in Caln and partly in East Brandywine. She then noted that she believes that you can attend the school district where your front bedroom is, and theirs lie in East Brandywine.
Ms. Camp recommended to the Board, to have a current survey before a decision is made. After further Board discussion, consensus was to ask Mr. and Mrs. DiFilippo to provide a current survey before they make a decision.
Township Engineer – Mr. Kulakowsky
Planning Commission Update – Mr. Kulakowsky noted that the next Planning Commission meeting will be held at the Thorndale Fire Hall on August 20, 2019, at 7:00 PM.
Hazelwood Avenue Storm Pipe Replacement – For Board consideration, Mr. Kulakowsky presented a proposal from Berg Construction LLC, to replace the deteriorated corrugated metal pipe that is leading into the site of Storage First located at 3925 Hazelwood Avenue. Mr. Kulakowsky noted that in the process of having the project approved and discussing it with the Developer, the Applicants Engineer, and Berg Construction, they offered to replace the pipe if the Township would pay the $11,971.47. Commissioner Young asked if the pipe is under the road or the property. Mr. Kulakowsky noted that the piece they are going to replace is under the road, and will match what is under the property.
Commissioner Chambers entertained a motion to authorize the installation of the pipe across Hazelwood Avenue for the price of $11,971.47. Moved by Commissioner Tindaro and seconded by Commissioner Kramer. Commissioner Chambers asked what fund the money is coming from. Mr. Wilson replied “General Fund Balance”. Vote passed 4-0.
Ordinances and Resolutions for Consideration
Resolution 2019-21 A Resolution Authorizing the Township Manager to Sign any Documents Necessary to Purchase a 2020 Peterbilt 348 Dump Truck – Commissioner Chambers entertained a motion to authorize the Township Manager to sign any documents necessary to purchase a 2020 Peterbilt 348 Dump Truck. Moved by Commissioner Young and seconded by Commissioner Kramer. Vote passed 4-0.
Resolution 2019-22 A Resolution Authorizing the Township to acquire a Loan from Mid Penn Bank for a 2020 Peterbilt 348 Dump Truck – Commissioner Chambers entertained a motion authorizing the Township to acquire a loan from Mid Penn Bank, for a 2020 Peterbilt 348 Dump Truck. Moved by Commissioner Young and seconded by Commissioner Tindaro. Commissioner Young asked the term length. Mr. Wilson replied “4 years”.
Mark DeYoung of 20 Beaver Run Road asked the total, and interest rate. Commissioner Young noted the total $162,453, and Mr. Wilson noted the percentage is “roughly 4%”.
Vote passed 4-0.
Resolution 2019-23 A Resolution that authorized the Appropriation of Funds from the General Fund Balance to Supplement the Costs of Various Capital Projects – Commissioner Chambers entertained a motion that authorized the appropriation of Funds from the General Fund Balance to Supplement the Costs of Various Capital Projects. Moved by Commissioner Young and seconded by Commissioner Tindaro. Commissioner Kramer asked Mr. Wilson for a brief overview. Mr. Wilson noted that the fourth paragraph needs updated to reflect $107,000 out of fund balance. He also reviewed the totals and descriptions, as stated on the resolution.
Tony DiSario of 251 Loomis Avenue asked where the location of the rain garden will be. Ms. Denne noted that the anticipated location is in Parkwest, towards the back of the property.
Vote passed 4-0.
Resolution 2019-24 A Resolution Authorizing the Police Chief to Sign a Memorandum of Understanding for Cooperative Police Services with Coatesville Area School – Commissioner Chambers entertained a motion authorizing the Police Chief to sign a Memorandum of Understanding for Cooperative Police services with Coatesville Area School District. Moved by Commissioner Young and seconded by Commissioner Kramer. Commissioner Kramer asked Deputy Rock if the School District is reporting incidents to them. Deputy Rock noted that they are reporting to them. Vote passed 4-0.
Finance Department – Mr. Wilson
General Manual Checks 51 through 56 and General Checks 43659 through 43735 – Commissioner Chambers entertained a motion to approve general manual checks 51 through 56 and general checks 43659 through 43735. Moved by Commissioner Young and seconded by Commissioner Tindaro. Vote passed 4-0.
Minutes for Approval
July 25, 2019 Minutes – Commissioner Chambers entertained a motion to approve the July 25, 2019 Board of Commissioners minutes. Moved by Commissioner Young and seconded by Commissioner Kramer. Vote passed 4-0.
Boards and Commissions Updates-Summary by Applicable Board Liaison
Park and Recreation – Commissioner Young noted the second summer series was a success, the movie night will be held on August 16, and an Atlantic City bus trip on October 5, 2019.
COG – Commissioner Young noted that there was no meeting held in June.
Municipal Authority – Commissioner Chambers noted the Authority is still working on the pump station, and Mr. Gill has located rain water infiltrating their system.
DARA – Commissioner Young noted they are working with Inframark who owns half of the sewer plant. Their contract comes up in ten years and they are trying to take over ownership of the plant, so they can do an expansion.
Fire Board – Commissioner Young noted that they met for three hours with discussions on employees and how the staffing of the per diem drivers is going, approval of standard operating procedures for paid staff and volunteers, purchase of a rescue truck, and the budget.
Historical Commission – Commissioner Tindaro noted that Mr. Spaulding has completed the minutes and will send them to Denise Miller.
Lincoln Highway – Commissioner Chambers noted they did not hold a meeting. Ms. Denne noted that they usually do not in the summer.
Commissioner Chambers noted that the Tree Doctor recommended removing all the willow trees on G.O. Carlson. Commissioner Tindaro suggested replanting dwarf willow trees lower down so they benefit from the water and do not interfere with residents walking. Ms. Denne noted that there will be a change order to take the trees down.
Cheryl Spaulding of 406 Lloyd Avenue suggested contacting Penn State about replanting of the trees. Ms. Denne noted that she will have Scot contact them.
Cheryl Spaulding of 406 Lloyd Avenue commented on the dying trees from here to Coatesville, along 30, and asked if there is a township policy to replace these trees. She then referenced the new Wawa has dead trees. Ms. Camp noted that she will research the time frame.
Commissioner Kramer noted that he and Ms. Denne had a meeting with Doctor Taschner and Mr. Fazio on Monday and was put on the September 10 school board meeting agenda to present their case on why the township wants to reinstate LERTA. Commissioner Kramer also noted that the County and Township still have this program in place. It is also only for new construction or an additional add-on to a specific building. He then noted they would like to see if potentially they would honor Denron Signs and ASC and reinstate their LERTA.
Commissioner Kramer noted that in a meeting with Mr. Colagreco, he was informed that there will be an extension to the walking path all the way down to Lloyd Park, and that the Lloyd Farm house is for sale.
Cheryl Spaulding of 406 Lloyd Avenue asked if the process is for Regal to go to the Planning Commission, Chester County Planning Commission, Board of Commissioners, and then to a Decision. Commissioner Kramer and Ms. Camp replied “that is correct”. Mrs. Spaulding also noted that she sent the Board a 62 page document regarding a lawsuit against Mr. Miller.
Cheryl Spaulding of 406 Lloyd Avenue asked about the Lloyd Avenue Bridge lights. Ms. Denne noted the ARLE Grant has been submitted and the township is waiting to hear about funding. Mr. Kulakowsky noted that the grant was applied for under the time line, and PennDot said a decision should be made in December.
Cheryl Spaulding of 406 Lloyd Avenue asked the owner’s name of the previous Kmart vacant building, and the status of the property. Ms. Denne noted she has had conversations with the Owner and Broker of the property and they have a few issues. They are depending on LERTA because they are having problems attracting a tenant at the level of rent they need, his stormwater conveyance is on a property that he does not own, he has an easement through the back of the property for the Clearfield property next to him, and if he expands one foot outside the foot print, it then triggers the new stormwater and he has nowhere to put stormwater. Ms. Denne also noted that staff has met several times and has regular discussions with the Chester County Economic Alliance about this property, and they are aware of it and are in favor of us getting LERTA. She then noted the owner is Metropolitan from north of Philadelphia. Mrs. Spaulding also commented that this site would be a good place for a Walmart store.
Tony DiSario of 251 Loomis Avenue noted that the concrete embankment laying in the creek by the second pond, right off the Golf Course, is still there. He also informed the Board that the closed Geek Computer Store has a full dumpster behind the store. Commissioner Chambers directed Ms. Denne to inform Mr. Stackhouse.
Mark DeYoung of 20 Beaver Creek Road noted that Regal is asking for 7 ½ acres for commercial, and noted that a Wawa superstore is 2.5 acres. He commented that he is opposed to this. Commissioner Kramer noted that he asked Mr. Miller about this and he said the plan is for the future. He also noted that the only entrance will be at Rock Raymond Road. He then noted that Mr. Fazio, former Finance Director of Downingtown School District, said that the Downingtown School District is working with them to redo the whole intersection. Mr. DeYoung noted that he spoke with Downingtown School District and they stated that they want nothing to do with this.
Cheryl Spaulding of 406 Lloyd Avenue asked the Board if they read the Attorney General’s sixty two page lawsuit document, that she previously sent them. Commissioner Kramer and Commissioner Chambers replied that they did read it. Commissioner Chambers asked Ms. Camp if this will have any bearing on this project. Ms. Camp noted that she does not know. She also noted that she would assume that he owns the company in Caln Township in a different single purpose entity name and therefore it’s not subject to be used to pay the fines. She then noted that in a petition for a zoning amendment it is absolutely a discretionary decision on the Board’s part and if you believe your concern about the credibility, reputation, whether he can be trusted based on what you read in the alleged lawsuit of the allegation of the Attorney General, it’s your prerogative. After further Board decision, Ms. Denne noted that this could be an opportunity for the Board to make this corner look like they want it too.
Mark Evans of 103 Ayerwood Drive commented on the lawsuit and his opposition on Mr. Miller’s proposed overlay and his coming to Caln Township. He noted that Regal will be discussed at the August 20 Planning Commission meeting, and asked if there will be a vote at the August 29 Board meeting. Ms. Camp noted that there will be no vote.
Adjournment – Commissioner Chambers entertained a motion to adjourn the August 8, 2019 meeting, at 9:20 PM. Moved by Commissioner Young and seconded by Commissioner Kramer. Vote passed 4-0.
Assistant Township Secretary