Caln Township Chester County, Pennsylvania
Board of Commissioners May 9, 2024
7:30 PM Hybrid Workshop Meeting Minutes
Board Members Present: Paul Mullin-President, Joshua B. Young-Vice President, Jane Kennedy-Commissioner, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Don Vymazal-Township Manager and Secretary, Denise Miller-Assistant Township Secretary and Administrative Assistant, Abbey Swan-Director of Community Enhancement, and Ray Stackhouse-Director of Building and Life Safety.
Professionals Present: Ross Bickhart-Gilmore and Associates.
Special Guest: Heather Reiffer Senior Program Associate with America250 Chester County.
The Board of Commissioners’ (BOC) May 9, 2024, agenda was posted on the Township website, at the Township building on May 8, 2024, and agendas were made available at the meeting. The 2024 Township BOC meetings were published in the Daily Local Newspaper, on December 27, 2023.
Call to Order and Salute to the Flag – Commissioner Mullin called the meeting to order at 7:35 PM. Commissioner Mullin also called for the Salute to the Flag.
Citizens to be Heard – There were none.
1. PresentationAmerica250pa Chester County – Ms. Reiffer noted that America250pa (America250) is administered by the Chester County Planning Commission in partnership with the Chester County Community Foundation working together to inform Municipalities, businesses, schools, residents etc. Ms. Reiffer noted that they are co-promoting to showcase the year-long commemoration and celebration of the 250th anniversary of the nation’s Declaration of Independence.
The Board and Ms. Reiffer discussed different events that the Township and businesses could do. Commissioner Evans noted that the Spackman-Davis Farm picnic on June 29th, hosted by the Friends of the Spackman-Davis Farm 503c1, will be the first event to start the Township celebration.
Ms. Reiffer noted that there is a Zoom series every fourth Friday at 12:00 PM to share ideas and planning tips. Ms. Reiffer also noted that some organizations have developed a task force to discuss ideas on planning events. There is also a Summit at Randall Spackman’s Thornbury Farm for event planning and to share ideas.
Commissioner Young noted that he is on the Downingtown Library Board and the Township could partner with them to do an event. Ms. Reiffer replied that she will check to see if the Downingtown Library Board is aware of this.
Commissioner Mullin asked if events must be at a historical site. Ms. Reiffer replied that they can be at any location.
2. Engineering
2.1 2024 Road Program – Mr. Bickhart noted that in 2023 Gilmore & Associates did a Road Condition Assessment Report for the Township roads. Based on that report, and along with Mr. Huggins, it was decided to include Ridgeview Drive, the eastern stretch of Longview Drive and Morgan Drive as roads to include in the 2024 Road Program. Mr. Bickhart also noted that Suzanne Drive is added as alternate #1 and can be paved if the Liquid Fuels Funds are available.
Commissioner Young and Commissioner Mullin noted that they do not have a page showing Suzanne Drive, so they do not have the cost. Mr. Bickhart replied “$57,451.00.” Commissioner Mullin asked what the budget is. Mr. Bickhart replied that it is approximately $365,000.00. Commissioner Young asked if the fund balance could be used for alternate #1. Mr. Bickhart replied that it could be used. Mr. Bickhart noted that he will finalize all the documents for presentation at the May 30 meeting for bid advertisement if the Board would like to proceed.
Commissioner Mullin noted that the Board has no concerns and agreed to move forward and place the bid advertisement on the May 30, 2024, agenda.
Mark DeYoung of 20 Beaver Run Road asked when Aqua will repave Lloyd Avenue. Mr. Vymazal replied that Staff has had several meetings with Aqua and they will move forward with a paving schedule once they complete a few components of the project.
3. Board Minutes to Approve
3.1 April 25, 2024 – Commissioner Mullin entertained a motion to approve the April 25, 2024, Board Minutes. Moved by Commissioner Young and seconded by Commissioner Kennedy. The vote passed 4-0 with one abstention.
4. Ordinance
4.1 Ordinance 2024-03 DARA Local Limits – For Board consideration, Mr. Vymazal offered Ordinance 2024-03, which was discussed at the April 25, 2024, meeting.
4.2 Commissioner Mullin entertained a motion to Adopt Ordinance 2024-03 Amending Chapter 128 of the Caln Code Titled “Sewers” Section 128-18 Titled “Promulgation of Rules by Caln Township”. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 5-0.
5. Township Manager
5.1 Honorary Street Name Designation Signs – Mr. Vymazal offered the second sign design for Board discussion. After Board discussion, the Board agreed to have another sign design with “Dedicated to,” different color than the street sign, and on top of the street sign.
Adam Thomas of 310 Carlyn Court asked if this could be a fund raiser for the Township.
5.2 Friends of Spackman-Davis Farm Bylaws – Mr. Vymazal presented an open discussion for the
draft bylaws for the non-profit “Friends of Spackman-Davis Farm” (Friends). Article 10 refers to
the Township ownership of the property.
Commissioner Young asked Mr. Vymazal if it is correct that if the Friends want to put a Christmas tree up or lights in the windows, they will have access to the property. If they want to rebuild the front porch, they will need Township approval. Mr. Vymazal replied that as a separate nonprofit it is governed under regulations and legal authority that is different than a local government entity. They have their own standards, rules, and regulations that a nonprofit organization must follow. Any sort of agreement or understanding between what is allowed and not allowed can certainly be drafted and coordinated formally or informally. It would be between both the organizations. The articles in the bylaws are specific to the nonprofit. Mr. Vymazal suggested numerating the activities in a way that allows for what is considered de minimis and what would be substantial. Commissioner Evans asked Mr. Vymazal if this would be as a Memorandum of Understanding (MOU) between the Friends and the Township. Mr. Vymazal replied that it could be a MOU so there are no conflicts between what is in the bylaws of an organization and the rules and regulations of a public entity in terms of what can and cannot be done.
Commissioner Young stated that if you are on Township property and you fall there it would be an issue, which could be worked through a MOU.
Commissioner Kennedy asked if the Friends could use Township funds if they needed to. Commissioner Evans replied that they cannot. Both Boards would have to vote on the transfer of funds. Commissioner Mullin noted that Township funds should not be given to a non-profit organization. Commissioner Young replied that the Township could expend money to help events and donate funds to a non-profit organization like they do for libraries, which are non-profit organizations.
Commissioner Evans noted that he essentially put the Friends non-profit together and was involved in making sure that the bylaws language was constructed in a way that is beneficial for the Township and the farm. This group is about raising funds and no one from the Friends group should benefit financially. Mr. Vymazal stated it is a tax deduction to donate to a non-profit organization. The township will have to give permission to a non-profit to do a project on Township property. The municipal regulations would also have to be followed.
Commissioner Evans asked if they would need township permission to replace the rose garden behind the spring house. Commissioner Mullin replied that everything needs to come before the Board since it is Township property. Commissioner Tindaro asked if the Township can do the work. Commissioner Evans replied that in 2023 all the work was one by volunteers who signed a waiver, so they are trying to get volunteers, so it does not cost the Township. Commissioner Young noted that if you want to do the rose garden you would need Township approval but not approval for the maintenance.
Commissioner Evans noted that if they have any questions, they can also ask Donna DiPrinzio and Al DiMatteo, members of the Friends non-profit. Commissioner Mullin asked Commissioner Evans if he would disclose if he is a member of the Friends. Commissioner Evans replied that he is the Director at Large, not an Executive. Commissioner Evans also noted that this has cleared ethics.
Mr. Vymazal asked the Board if they had any other questions on the bylaws. Commissioner Mullin stated that these are the Friends bylaws, so the Township can only make suggestions. Commissioner Mullin questioned the dues amount. Commissioner Evans noted that this number is a filler for the draft bylaws. Commissioner Mullin also noted that he is concerned with Article 10 line 7. Commissioner Evans read “joint efforts between the Corporation and the Township. The joint efforts may require Corporation funds to be allocated for specific uses by the Ownership and for Township funds allocated for specific uses by the Corporation.” Commissioner Evans replied that this is about joint ethics. Commissioner Mullin noted that if the Township funds are used for an event, they would be paying directly towards the event. Commissioner Evans also noted that the spirit of this is speaking to if you were to put on a roof and friends have funds to match with the Township’s. Commissioner Mullin noted at that point, the Corporation would donate the money to the Township and the Township would have the roof replaced. Commissioner Young stated that if the Township had $10,000.00 in the budget allocated to the Friends for the “picnic”, then it could only be used for the “picnic”. Commissioner Evans noted that this draft came from two Township bylaws set up for non-profits. Commissioner Mullin noted that he would like to have the MOU more specific on the improvements and small activities.
Commissioner Mullin noted that the Friends and the Township will need to discuss their mutual goals for the property. Commissioner Mullin also noted that he does not see the Kings Highway Park in this draft. If everything is centered around the historical value of the Farm, he is concerned that the money the Friends will raise will be specifically for the farmhouse. The original idea was to have a community park for the Township and surrounding communities to enjoy and view the farmhouse. Commissioner Evans replied that the Historical Commission has discussed this for the past two years and the Friends have been discussing this also.
Commissioner Evans noted that the County Planning Commission believes that this property is right on the verge of qualifying as a county heritage site, which could qualify them for more grants.
Commissioner Evans noted that there should be a lot of passive and beautiful things. Places where people can walk and sit. Commissioner Evans also noted that the 2007 plan had some good things and things that are outdated. Commissioner Mullin noted that the farmhouse parking is his first concern. Commissioner Mullin also noted that the trails going through the property will be the Township showcase.
Mr. Vymazal noted that he will research and draft a MOU for Board consideration.
5.3 Friends of Spackman-Davis Farm Public Gathering Event and Fee Waiver – Mr. Vymazal noted that an
application has been received by the Township and reviewed by Township staff. The request is to
waive the $50.00 permit fee for up to 150 people and $75.00 for 150-250 people etc.
Commissioner Kennedy asked if this event is a fund raiser. Commissioner Evans replied that this is an official Chester County America250pa event. There will be fundraising, and it is an open event with registration required. The roadway will be kept cleared for emergency vehicles. The picnic tables will be along the north side of the northern tree line along the driveway. You will be told what time you are scheduled for the trolley, parking space, and sign up for a low-cost lunch. There is a 300-person maximum and 150-person minimum.
Commissioner Mullin asked Mr. Stackhouse if the Township is prepared if there are three hundred people at this event. Mr. Stackhouse replied that they are.
Commissioner Kennedy asked about the beer garden. Mr. Vymazal replied that the provider of the liquor is required to be certified in order to serve liquor.
Chris Parr of 582 Lloyd Avenue noted that this is a free event. She also gave a little background on the event.
Commissioner Mullin asked if the trash and recycling receptacles are dropped off and picked up. Commissioner Evans replied that the Township dropped them off the night before and picked them up at the end of the event for the last event; however, their proposal is for volunteers to manage the trash and recycling throughout the day. Mr. Vymazal noted that it is not a good idea to leave the receptacles on the property over the weekend on an agriculturally based property. Public Works will ensure that it is cleaned up quickly. Commissioner Young suggested using a dumpster. Commissioner Mullin suggested a metal dumpster with a hand grip to open the lid and keep it on the property. Mr. Vymazal noted that he will see if the Township Contractor has an option for trash/recycling pick up for this event.
Commissioner Mullin asked how the fire police will be paid, and do they have to be present for the entire event. Mr. Stackhouse replied that they do, and they are paid hourly. They also have to account for public works employees and police officers over time for the event. Mr. Stackhouse noted that there needs to be three to four fire police present. There also needs to be a contingency plan in case they are not available. Mr. Stackhouse also noted that anyone who directs traffic on the road must be certified.
Commissioner Kennedy asked if EMS has to be present for the entire event. Mr. Stackhouse replied that they usually are, however, they may have to leave for calls.
Chris Parr of 582 Lloyd Avenue asked Mr. Stackhouse if other medical professionals can be counted as medical professionals in attendance. Mr. Stackhouse replied that it would make people comfortable if the ambulance had to leave on a call.
Commissioner Mullin asked if there will be tents over the table because the sun will be shining on them. Commissioner Evans replied that the sun should be gone at the time of the event. Commission Mullin and Ms. Swan replied that the sun would be over the tables after noon. Commissioner Evans stated that they will take this into consideration in the planning. Commissioner Kennedy asked if lawn chairs were allowed. Mr. Vymazal recommended against them, so the trolleys have room to maneuver.
Mr. Vymazal noted that some of the discussion items tonight can be incorporated into the final application, and then the Directors will review it before it is placed on the May 30 agenda. Commissioner Evans asked if this is the last step in receiving their permit. Mr. Vymazal replied that it is the last step.
The Board agreed for Staff to move forward with getting the application finalized.
5.4 Food Trucks – Mr. Stackhouse noted that the Mobile Food Facilities ordinance focuses on the owner of the property being responsible for the permit and safety. Mr. Stackhouse reviewed the permit with the Board and public.
Commissioner Evans asked Mr. Stackhouse to add a rain date if someone has a permit and it is inclement weather. Mr. Stackhouse replied that he will add this.
Lisa Carini of 103 Ayerwood Drive asked if there is something that protects a store owner that has the same type of mobile truck set up beside them. Commissioner Evans replied that the property owner beside the store owner has the authority to let them set up on their property.
Commissioner Evans asked Mr. Stackhouse to make the first paragraph of the permit like a MOU. Mr. Stackhouse replied that he will do a cover letter with the final ordinance.
Commissioner Young asked if Ms. Camp reviewed the draft ordinance. Mr. Stackhouse replied that she reviewed the original draft. He noted that he will submit the draft changes to her for review.
Mr. Vymazal noted that he will incorporate the changes and additions into the MOU for Board consideration at the May 30, 2024, Board business meeting.
6. Finance Department
6.1 Check Approval – Commissioner Young asked about check number 52012 for the Lloyd Avenue lights out, and if they are out, what happened to them. Mr. Vymazal replied that he will explore what has happened to them. Commissioner Mullin asked about check number 51970 for Promising Development for monthly cleaning service, in the amount of $1,050.00. Mr. Stackhouse replied that it may be the subcontractor for JanPro who the Township cleaning service is.
Commissioner Mullin entertained a motion to approve checks 51947 to 52017. Moved by Commissioner Young and seconded by Commissioner Tindaro. The vote passed 5-0.
7. Summary by Applicable Board Liaison
7.1 Parks and Recreation – Ms. Swan noted the first Art in the Park to be held every other Wednesday for the summer, the clean-up crew has five scheduled events for the remainder of the year, and they will clean the hard to reach places, there is a free pizza party at the June Teenage Mutant Ninja Turtles movie, and Ann Duzan is the new elected Parks and Recreation Vice Chair.
7.2 COG – Commissioner Kennedy noted discussions were held on the animal rescue shelter and the trash proposal.
7.3 Municipal Authority – Commissioner Mullin noted that the MA adopted Resolution 2024-3-CTMA, which adopts the Downingtown Area Regional Authorities recently amended local limits, which are numerical discharge standards for the industrial/commercial users of the sewer system. As part of the Caln Meeting House/Granger Lane Sewer Extension Project, the survey work began on March 8, 2024 and televising of the existing line on Granger Lane was completed on March 28, 2024, a soft dig of the existing gas main was completed April 25, 2024, and the work on the 2024 Grouting Project is scheduled to begin on June 3, 2024. The project consists of cleaning, televising, and grouting of approximately 4,200 linear feet of eight-inch diameter gravity sewer in the Colonial Gardens neighborhood.
7.4 DARA – Commissioner Mullin noted that the Borough of Downingtown and Uwchlan Township still need to submit their Act 537 Plan to DARA, and the Modernization Project is in the process of obtaining proposals for the design, permitting, financing, and possible grants.
7.5 Fire Board – Commissioner Mullin noted that the 2023 audit is in progress. Commissioner Mullin also noted the removal of some Standard Operating Guidelines (SOG) and Standard Operation Procedures (SOP) items that are not needed pertaining the Emergency Management Services, verbiage to full time fire fighters since the Township will be interviewing and hiring candidates through the Civil Service Commission, and the additions to the SOG assignments as well as motor vehicle accident stabilization.
7.6 Historical Commission – Commissioner Evans noted that the June 29 picnic will be the first event for Calln Township for America250pa, the first monthly schoolhouse tour for 2024 was held on May 5 and are held each month on Sunday through October, and their next meeting will be held on May 15 at 7:00 PM.
7.7 Lincoln Highway – Commissioner Young noted that Vision Zero was discussed, the County is encouraging Municipalities to adopt “Complete Streets.” If the Board adopts this plan, then the County Commissioners will be invited to a Lincoln Highway meeting to discuss how they can fund Lincoln Highway streets, and they discussed uses along Lincoln Highway to bring up at the next Zoning Task Force meeting.
Commissioner Kennedy asked if the Township is still pursuing electric devices on the telephone poles. Mr. Vymazal replied that he spoke to the Contractor that installed the poles and is seeking to explore options such as seeking Ms. Camps guidance to proceed.
Commissioner Young noted that the Thorndale Fire House light is out. Mr. Stackhouse replied that he is aware of this and notified the contractor; however, he has not received a reply back. Mr. Stackhouse noted that the vendor does not communicate with him. Mr. Vymazal noted that the next step is to formally notify Ms. Camp and ask for her guidance on resolving this issue successfully.
Commissioner Young noted that Rite Aid turns their lights off when they close. Mr. Stackhouse replied that he is aware; however, he does not know, at this time, if there is an order for them to keep them on. Commissioner Young also noted a light at WAWA that is never on. Mr. Stackhouse replied that it may be damaged.
Commissioner Evans noted that the Township could do a business holiday lights event.
7.8 Ingleside Golf Course – Commissioner Tindaro noted that they are lending a golf cart for the June 29th Friends picnic. Commissioner Tindaro also noted golf cart advertising is available.
7.9 Zoning Task Force – Mr. Vymazal noted that they are making significant progress and could be finished before the 18 months that were allocated for this task force.
Commissioner Young noted that the group discussed whether to combine or separate I1 and I2 as well as the rail coordination and what would be allowed in there.
8. Additional Business
8.1 Revised Civil Service Rules – Mr. Stackhouse noted that he has been working with Ms. Camp and the Civil Service Commission (CSC) Chairperson in reviewing the modifications made to their rules to include the career fire fighter program. There is a May 22, 2024, public meeting for their approval of the changes. If the changes pass by resolution, the final rules will be offered to the BOC for ratification. Mr. Stackhouse also noted that the CSC allows for no more than two alternate members on the CSC. He would like to have two candidates with a fire fighter emergency background. Mr. Stackhouse noted that he has two candidates that he would like the BOC to interview before the May 30, 2024, meeting.
Commissioner Mullin noted that Commissioner Young has been recognized for his 18 years as a Caln Commissioner in the Chester County Association of Township Officials book.
9. Public Comment – There were none.
10. Adjournment – Commissioner Mullin entertained a motion to adjourn the May 9, 2024, Board workshop meeting at 10:00 PM. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
Respectfully submitted,
Denise Miller,
Assist. Township Secretary
Board of Commissioners May 9, 2024
7:30 PM Hybrid Workshop Meeting Minutes
Board Members Present: Paul Mullin-President, Joshua B. Young-Vice President, Jane Kennedy-Commissioner, Lorraine Tindaro-Commissioner, and Mark Evans-Commissioner.
Staff Members Present: Don Vymazal-Township Manager and Secretary, Denise Miller-Assistant Township Secretary and Administrative Assistant, Abbey Swan-Director of Community Enhancement, and Ray Stackhouse-Director of Building and Life Safety.
Professionals Present: Ross Bickhart-Gilmore and Associates.
Special Guest: Heather Reiffer Senior Program Associate with America250 Chester County.
The Board of Commissioners’ (BOC) May 9, 2024, agenda was posted on the Township website, at the Township building on May 8, 2024, and agendas were made available at the meeting. The 2024 Township BOC meetings were published in the Daily Local Newspaper, on December 27, 2023.
Call to Order and Salute to the Flag – Commissioner Mullin called the meeting to order at 7:35 PM. Commissioner Mullin also called for the Salute to the Flag.
Citizens to be Heard – There were none.
1. PresentationAmerica250pa Chester County – Ms. Reiffer noted that America250pa (America250) is administered by the Chester County Planning Commission in partnership with the Chester County Community Foundation working together to inform Municipalities, businesses, schools, residents etc. Ms. Reiffer noted that they are co-promoting to showcase the year-long commemoration and celebration of the 250th anniversary of the nation’s Declaration of Independence.
The Board and Ms. Reiffer discussed different events that the Township and businesses could do. Commissioner Evans noted that the Spackman-Davis Farm picnic on June 29th, hosted by the Friends of the Spackman-Davis Farm 503c1, will be the first event to start the Township celebration.
Ms. Reiffer noted that there is a Zoom series every fourth Friday at 12:00 PM to share ideas and planning tips. Ms. Reiffer also noted that some organizations have developed a task force to discuss ideas on planning events. There is also a Summit at Randall Spackman’s Thornbury Farm for event planning and to share ideas.
Commissioner Young noted that he is on the Downingtown Library Board and the Township could partner with them to do an event. Ms. Reiffer replied that she will check to see if the Downingtown Library Board is aware of this.
Commissioner Mullin asked if events must be at a historical site. Ms. Reiffer replied that they can be at any location.
2. Engineering
2.1 2024 Road Program – Mr. Bickhart noted that in 2023 Gilmore & Associates did a Road Condition Assessment Report for the Township roads. Based on that report, and along with Mr. Huggins, it was decided to include Ridgeview Drive, the eastern stretch of Longview Drive and Morgan Drive as roads to include in the 2024 Road Program. Mr. Bickhart also noted that Suzanne Drive is added as alternate #1 and can be paved if the Liquid Fuels Funds are available.
Commissioner Young and Commissioner Mullin noted that they do not have a page showing Suzanne Drive, so they do not have the cost. Mr. Bickhart replied “$57,451.00.” Commissioner Mullin asked what the budget is. Mr. Bickhart replied that it is approximately $365,000.00. Commissioner Young asked if the fund balance could be used for alternate #1. Mr. Bickhart replied that it could be used. Mr. Bickhart noted that he will finalize all the documents for presentation at the May 30 meeting for bid advertisement if the Board would like to proceed.
Commissioner Mullin noted that the Board has no concerns and agreed to move forward and place the bid advertisement on the May 30, 2024, agenda.
Mark DeYoung of 20 Beaver Run Road asked when Aqua will repave Lloyd Avenue. Mr. Vymazal replied that Staff has had several meetings with Aqua and they will move forward with a paving schedule once they complete a few components of the project.
3. Board Minutes to Approve
3.1 April 25, 2024 – Commissioner Mullin entertained a motion to approve the April 25, 2024, Board Minutes. Moved by Commissioner Young and seconded by Commissioner Kennedy. The vote passed 4-0 with one abstention.
4. Ordinance
4.1 Ordinance 2024-03 DARA Local Limits – For Board consideration, Mr. Vymazal offered Ordinance 2024-03, which was discussed at the April 25, 2024, meeting.
4.2 Commissioner Mullin entertained a motion to Adopt Ordinance 2024-03 Amending Chapter 128 of the Caln Code Titled “Sewers” Section 128-18 Titled “Promulgation of Rules by Caln Township”. Moved by Commissioner Tindaro and seconded by Commissioner Kennedy. The vote passed 5-0.
5. Township Manager
5.1 Honorary Street Name Designation Signs – Mr. Vymazal offered the second sign design for Board discussion. After Board discussion, the Board agreed to have another sign design with “Dedicated to,” different color than the street sign, and on top of the street sign.
Adam Thomas of 310 Carlyn Court asked if this could be a fund raiser for the Township.
5.2 Friends of Spackman-Davis Farm Bylaws – Mr. Vymazal presented an open discussion for the
draft bylaws for the non-profit “Friends of Spackman-Davis Farm” (Friends). Article 10 refers to
the Township ownership of the property.
Commissioner Young asked Mr. Vymazal if it is correct that if the Friends want to put a Christmas tree up or lights in the windows, they will have access to the property. If they want to rebuild the front porch, they will need Township approval. Mr. Vymazal replied that as a separate nonprofit it is governed under regulations and legal authority that is different than a local government entity. They have their own standards, rules, and regulations that a nonprofit organization must follow. Any sort of agreement or understanding between what is allowed and not allowed can certainly be drafted and coordinated formally or informally. It would be between both the organizations. The articles in the bylaws are specific to the nonprofit. Mr. Vymazal suggested numerating the activities in a way that allows for what is considered de minimis and what would be substantial. Commissioner Evans asked Mr. Vymazal if this would be as a Memorandum of Understanding (MOU) between the Friends and the Township. Mr. Vymazal replied that it could be a MOU so there are no conflicts between what is in the bylaws of an organization and the rules and regulations of a public entity in terms of what can and cannot be done.
Commissioner Young stated that if you are on Township property and you fall there it would be an issue, which could be worked through a MOU.
Commissioner Kennedy asked if the Friends could use Township funds if they needed to. Commissioner Evans replied that they cannot. Both Boards would have to vote on the transfer of funds. Commissioner Mullin noted that Township funds should not be given to a non-profit organization. Commissioner Young replied that the Township could expend money to help events and donate funds to a non-profit organization like they do for libraries, which are non-profit organizations.
Commissioner Evans noted that he essentially put the Friends non-profit together and was involved in making sure that the bylaws language was constructed in a way that is beneficial for the Township and the farm. This group is about raising funds and no one from the Friends group should benefit financially. Mr. Vymazal stated it is a tax deduction to donate to a non-profit organization. The township will have to give permission to a non-profit to do a project on Township property. The municipal regulations would also have to be followed.
Commissioner Evans asked if they would need township permission to replace the rose garden behind the spring house. Commissioner Mullin replied that everything needs to come before the Board since it is Township property. Commissioner Tindaro asked if the Township can do the work. Commissioner Evans replied that in 2023 all the work was one by volunteers who signed a waiver, so they are trying to get volunteers, so it does not cost the Township. Commissioner Young noted that if you want to do the rose garden you would need Township approval but not approval for the maintenance.
Commissioner Evans noted that if they have any questions, they can also ask Donna DiPrinzio and Al DiMatteo, members of the Friends non-profit. Commissioner Mullin asked Commissioner Evans if he would disclose if he is a member of the Friends. Commissioner Evans replied that he is the Director at Large, not an Executive. Commissioner Evans also noted that this has cleared ethics.
Mr. Vymazal asked the Board if they had any other questions on the bylaws. Commissioner Mullin stated that these are the Friends bylaws, so the Township can only make suggestions. Commissioner Mullin questioned the dues amount. Commissioner Evans noted that this number is a filler for the draft bylaws. Commissioner Mullin also noted that he is concerned with Article 10 line 7. Commissioner Evans read “joint efforts between the Corporation and the Township. The joint efforts may require Corporation funds to be allocated for specific uses by the Ownership and for Township funds allocated for specific uses by the Corporation.” Commissioner Evans replied that this is about joint ethics. Commissioner Mullin noted that if the Township funds are used for an event, they would be paying directly towards the event. Commissioner Evans also noted that the spirit of this is speaking to if you were to put on a roof and friends have funds to match with the Township’s. Commissioner Mullin noted at that point, the Corporation would donate the money to the Township and the Township would have the roof replaced. Commissioner Young stated that if the Township had $10,000.00 in the budget allocated to the Friends for the “picnic”, then it could only be used for the “picnic”. Commissioner Evans noted that this draft came from two Township bylaws set up for non-profits. Commissioner Mullin noted that he would like to have the MOU more specific on the improvements and small activities.
Commissioner Mullin noted that the Friends and the Township will need to discuss their mutual goals for the property. Commissioner Mullin also noted that he does not see the Kings Highway Park in this draft. If everything is centered around the historical value of the Farm, he is concerned that the money the Friends will raise will be specifically for the farmhouse. The original idea was to have a community park for the Township and surrounding communities to enjoy and view the farmhouse. Commissioner Evans replied that the Historical Commission has discussed this for the past two years and the Friends have been discussing this also.
Commissioner Evans noted that the County Planning Commission believes that this property is right on the verge of qualifying as a county heritage site, which could qualify them for more grants.
Commissioner Evans noted that there should be a lot of passive and beautiful things. Places where people can walk and sit. Commissioner Evans also noted that the 2007 plan had some good things and things that are outdated. Commissioner Mullin noted that the farmhouse parking is his first concern. Commissioner Mullin also noted that the trails going through the property will be the Township showcase.
Mr. Vymazal noted that he will research and draft a MOU for Board consideration.
5.3 Friends of Spackman-Davis Farm Public Gathering Event and Fee Waiver – Mr. Vymazal noted that an
application has been received by the Township and reviewed by Township staff. The request is to
waive the $50.00 permit fee for up to 150 people and $75.00 for 150-250 people etc.
Commissioner Kennedy asked if this event is a fund raiser. Commissioner Evans replied that this is an official Chester County America250pa event. There will be fundraising, and it is an open event with registration required. The roadway will be kept cleared for emergency vehicles. The picnic tables will be along the north side of the northern tree line along the driveway. You will be told what time you are scheduled for the trolley, parking space, and sign up for a low-cost lunch. There is a 300-person maximum and 150-person minimum.
Commissioner Mullin asked Mr. Stackhouse if the Township is prepared if there are three hundred people at this event. Mr. Stackhouse replied that they are.
Commissioner Kennedy asked about the beer garden. Mr. Vymazal replied that the provider of the liquor is required to be certified in order to serve liquor.
Chris Parr of 582 Lloyd Avenue noted that this is a free event. She also gave a little background on the event.
Commissioner Mullin asked if the trash and recycling receptacles are dropped off and picked up. Commissioner Evans replied that the Township dropped them off the night before and picked them up at the end of the event for the last event; however, their proposal is for volunteers to manage the trash and recycling throughout the day. Mr. Vymazal noted that it is not a good idea to leave the receptacles on the property over the weekend on an agriculturally based property. Public Works will ensure that it is cleaned up quickly. Commissioner Young suggested using a dumpster. Commissioner Mullin suggested a metal dumpster with a hand grip to open the lid and keep it on the property. Mr. Vymazal noted that he will see if the Township Contractor has an option for trash/recycling pick up for this event.
Commissioner Mullin asked how the fire police will be paid, and do they have to be present for the entire event. Mr. Stackhouse replied that they do, and they are paid hourly. They also have to account for public works employees and police officers over time for the event. Mr. Stackhouse noted that there needs to be three to four fire police present. There also needs to be a contingency plan in case they are not available. Mr. Stackhouse also noted that anyone who directs traffic on the road must be certified.
Commissioner Kennedy asked if EMS has to be present for the entire event. Mr. Stackhouse replied that they usually are, however, they may have to leave for calls.
Chris Parr of 582 Lloyd Avenue asked Mr. Stackhouse if other medical professionals can be counted as medical professionals in attendance. Mr. Stackhouse replied that it would make people comfortable if the ambulance had to leave on a call.
Commissioner Mullin asked if there will be tents over the table because the sun will be shining on them. Commissioner Evans replied that the sun should be gone at the time of the event. Commission Mullin and Ms. Swan replied that the sun would be over the tables after noon. Commissioner Evans stated that they will take this into consideration in the planning. Commissioner Kennedy asked if lawn chairs were allowed. Mr. Vymazal recommended against them, so the trolleys have room to maneuver.
Mr. Vymazal noted that some of the discussion items tonight can be incorporated into the final application, and then the Directors will review it before it is placed on the May 30 agenda. Commissioner Evans asked if this is the last step in receiving their permit. Mr. Vymazal replied that it is the last step.
The Board agreed for Staff to move forward with getting the application finalized.
5.4 Food Trucks – Mr. Stackhouse noted that the Mobile Food Facilities ordinance focuses on the owner of the property being responsible for the permit and safety. Mr. Stackhouse reviewed the permit with the Board and public.
Commissioner Evans asked Mr. Stackhouse to add a rain date if someone has a permit and it is inclement weather. Mr. Stackhouse replied that he will add this.
Lisa Carini of 103 Ayerwood Drive asked if there is something that protects a store owner that has the same type of mobile truck set up beside them. Commissioner Evans replied that the property owner beside the store owner has the authority to let them set up on their property.
Commissioner Evans asked Mr. Stackhouse to make the first paragraph of the permit like a MOU. Mr. Stackhouse replied that he will do a cover letter with the final ordinance.
Commissioner Young asked if Ms. Camp reviewed the draft ordinance. Mr. Stackhouse replied that she reviewed the original draft. He noted that he will submit the draft changes to her for review.
Mr. Vymazal noted that he will incorporate the changes and additions into the MOU for Board consideration at the May 30, 2024, Board business meeting.
6. Finance Department
6.1 Check Approval – Commissioner Young asked about check number 52012 for the Lloyd Avenue lights out, and if they are out, what happened to them. Mr. Vymazal replied that he will explore what has happened to them. Commissioner Mullin asked about check number 51970 for Promising Development for monthly cleaning service, in the amount of $1,050.00. Mr. Stackhouse replied that it may be the subcontractor for JanPro who the Township cleaning service is.
Commissioner Mullin entertained a motion to approve checks 51947 to 52017. Moved by Commissioner Young and seconded by Commissioner Tindaro. The vote passed 5-0.
7. Summary by Applicable Board Liaison
7.1 Parks and Recreation – Ms. Swan noted the first Art in the Park to be held every other Wednesday for the summer, the clean-up crew has five scheduled events for the remainder of the year, and they will clean the hard to reach places, there is a free pizza party at the June Teenage Mutant Ninja Turtles movie, and Ann Duzan is the new elected Parks and Recreation Vice Chair.
7.2 COG – Commissioner Kennedy noted discussions were held on the animal rescue shelter and the trash proposal.
7.3 Municipal Authority – Commissioner Mullin noted that the MA adopted Resolution 2024-3-CTMA, which adopts the Downingtown Area Regional Authorities recently amended local limits, which are numerical discharge standards for the industrial/commercial users of the sewer system. As part of the Caln Meeting House/Granger Lane Sewer Extension Project, the survey work began on March 8, 2024 and televising of the existing line on Granger Lane was completed on March 28, 2024, a soft dig of the existing gas main was completed April 25, 2024, and the work on the 2024 Grouting Project is scheduled to begin on June 3, 2024. The project consists of cleaning, televising, and grouting of approximately 4,200 linear feet of eight-inch diameter gravity sewer in the Colonial Gardens neighborhood.
7.4 DARA – Commissioner Mullin noted that the Borough of Downingtown and Uwchlan Township still need to submit their Act 537 Plan to DARA, and the Modernization Project is in the process of obtaining proposals for the design, permitting, financing, and possible grants.
7.5 Fire Board – Commissioner Mullin noted that the 2023 audit is in progress. Commissioner Mullin also noted the removal of some Standard Operating Guidelines (SOG) and Standard Operation Procedures (SOP) items that are not needed pertaining the Emergency Management Services, verbiage to full time fire fighters since the Township will be interviewing and hiring candidates through the Civil Service Commission, and the additions to the SOG assignments as well as motor vehicle accident stabilization.
7.6 Historical Commission – Commissioner Evans noted that the June 29 picnic will be the first event for Calln Township for America250pa, the first monthly schoolhouse tour for 2024 was held on May 5 and are held each month on Sunday through October, and their next meeting will be held on May 15 at 7:00 PM.
7.7 Lincoln Highway – Commissioner Young noted that Vision Zero was discussed, the County is encouraging Municipalities to adopt “Complete Streets.” If the Board adopts this plan, then the County Commissioners will be invited to a Lincoln Highway meeting to discuss how they can fund Lincoln Highway streets, and they discussed uses along Lincoln Highway to bring up at the next Zoning Task Force meeting.
Commissioner Kennedy asked if the Township is still pursuing electric devices on the telephone poles. Mr. Vymazal replied that he spoke to the Contractor that installed the poles and is seeking to explore options such as seeking Ms. Camps guidance to proceed.
Commissioner Young noted that the Thorndale Fire House light is out. Mr. Stackhouse replied that he is aware of this and notified the contractor; however, he has not received a reply back. Mr. Stackhouse noted that the vendor does not communicate with him. Mr. Vymazal noted that the next step is to formally notify Ms. Camp and ask for her guidance on resolving this issue successfully.
Commissioner Young noted that Rite Aid turns their lights off when they close. Mr. Stackhouse replied that he is aware; however, he does not know, at this time, if there is an order for them to keep them on. Commissioner Young also noted a light at WAWA that is never on. Mr. Stackhouse replied that it may be damaged.
Commissioner Evans noted that the Township could do a business holiday lights event.
7.8 Ingleside Golf Course – Commissioner Tindaro noted that they are lending a golf cart for the June 29th Friends picnic. Commissioner Tindaro also noted golf cart advertising is available.
7.9 Zoning Task Force – Mr. Vymazal noted that they are making significant progress and could be finished before the 18 months that were allocated for this task force.
Commissioner Young noted that the group discussed whether to combine or separate I1 and I2 as well as the rail coordination and what would be allowed in there.
8. Additional Business
8.1 Revised Civil Service Rules – Mr. Stackhouse noted that he has been working with Ms. Camp and the Civil Service Commission (CSC) Chairperson in reviewing the modifications made to their rules to include the career fire fighter program. There is a May 22, 2024, public meeting for their approval of the changes. If the changes pass by resolution, the final rules will be offered to the BOC for ratification. Mr. Stackhouse also noted that the CSC allows for no more than two alternate members on the CSC. He would like to have two candidates with a fire fighter emergency background. Mr. Stackhouse noted that he has two candidates that he would like the BOC to interview before the May 30, 2024, meeting.
Commissioner Mullin noted that Commissioner Young has been recognized for his 18 years as a Caln Commissioner in the Chester County Association of Township Officials book.
9. Public Comment – There were none.
10. Adjournment – Commissioner Mullin entertained a motion to adjourn the May 9, 2024, Board workshop meeting at 10:00 PM. Moved by Commissioner Evans and seconded by Commissioner Kennedy. The vote passed 5-0.
Respectfully submitted,
Denise Miller,
Assist. Township Secretary
| commissioners_minutes_05.09.2024.pdf |
