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Brendan Phillips, and Mayor Pappas would
you please lead us in the invocation.

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» As we open tonight's meeting, let us be
mindful of the responsibility we carry.

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The people of Melbourne trust us to do
this work carefully and thoughtfully.

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Help us listen well, speak honestly, and
work toward decisions that benefit the

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whole community.
We ask for the safety of our police

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officers and for all who serve this
community each day.

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And may our efforts reflect the best of
this town. Amen.

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» Pledge allegiance
>> to the flag of the United States of

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America, and to the republic for which
it stands, one nation under God,

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indivisible, with liberty and justice
for all.

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» All right, roll call. As I mentioned, I
am Council President Phillips, Council

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Vice President Warner,
Councilmember Bones,

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» Here.
>> Councilmember Frederick,

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» Here.
>> Councilmember Coons,

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» Here.
>> Councilmember Nemick,

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» Here.
>> Councilmember Richetti,

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» Here.
>> and Mayor [clears throat] Pappas,

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» Here.
>> Full

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full house here. All right. Um
announcements. Uh resolution number 875

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establishes the conduct protocol for
borough council meetings.

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Uh I think most of you have been here
before. There is no profanity, there's

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no screaming. Uh please wait to be
recognized. Uh

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please direct all your comments to
borough council, not to other members of

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the public. And a reminder, this is not
American Gladiators, this is a public

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borough council meeting. So, please
everybody be on your best behavior, all

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right?
Anyone recording the meeting is asked to

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announce so at this time in accordance
with resolution number 875. The borough

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will be recording this for the purpose
of putting it on the website. Uh is

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anybody else, either in person or
online, recording tonight's meeting?

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All right, it doesn't look like it. And
just as a warning, uh if there's a hot

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topic issue, impromptu recording may
happen.

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Um a reminder that public comment is a
time to bring comments to council, not a

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time for questions and answers. If you
have questions or concerns, please

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contact the bureau administrative office
during the week.

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Uh and then please visit the bureau's
website calendar regularly for updates

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on upcoming community events. And then
uh Scott, can I turn over to you?

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» I just I had that one another
announcement that I asked you about. Um

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I just want to let everybody know that
CRC Watersheds uh was here last week for

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a maintenance event to um to tend to the
trees that they that have been planted

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behind Quan Park. Um they've been a
great partner for us in terms of doing

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restoration work um
in in that area. So, if um just we're

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thankful that they were out here
maintaining the trees and if anybody is

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interested in um
volunteering with them, you can go to

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CRC Watersheds, their website.

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» All right, thank you, Mr. President. So,
Borough Council met in executive session

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immediately prior to this evening's
meeting.

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Uh all members of council were present
along with the mayor. Uh the topics

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discussed were the collective bargaining
agreement um

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McShane, the lawsuit of McShane versus
Malvern Borough, Chester County CCP

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2026-05649

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-MJ,
uh the lawsuit of LaRusso versus Malvern

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Borough, uh Chester County CCP
2026-06374-MJ,

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and council discussed other agency
business

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uh subject to a privilege uh being the
attorney-client privilege.

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» All right, thank you. Uh next let's move
on to approval of the agenda. I'd like

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to uh
approve the agenda with agenda with the

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amendment uh that I guess it is
uh

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under council business uh motion C. Uh
this would be for Ms. O'Donnell to fill

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a full term uh
of the uh library board. So, uh do I

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have a motion to approve the agenda as
amended?

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» So moved.
>> Have a second?

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» Second.
>> All in favor?

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» Aye.
>> All right. Next up, we have a

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presentation from the Malvern Public
Library.

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Welcome.

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Uh push the red the button till the
light turns on.

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» Hello. Okay. Hi. Good evening. My name
is Caitlin O'Donnell. I am hopefully

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tonight going to be approved as a board
member for the Malvern Public Library. I

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have in the past served with the library
as a member at large.

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And so tonight I am here to represent
Justine. She's off in East Goshen

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tonight doing a similar presentation.
But she just had some really wonderful

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updates
for everybody about the library at the

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end of the summer.
So, thank you. All right. So, this is

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just our numbers just
that Malvern is contributing, let's see,

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we have about burrow contributes about
10% of our funding.

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We are working very hard since
I guess just the last several years on

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fundraising now that our renovation is
done.

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And then you can kind of see the
breakdown if so interested in the other

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municipalities.

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But as far as the burrow, we guys have
provided about 30 $39,000 in 2025.

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We have about 1800 cardholders within
the Malvern burrow.

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This past year we had about 26,000
materials checked out through the

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library which Justine kind of broke down
on an average cost that saved patrons

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about $519,000.
And that's just print materials, that's

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not including
you know the space and online resources.

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So,
we're very happy with those numbers. And

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as you'll see,
Um, we have continuously since 2023,

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we've had great increases in our
visitors, uh, the numbers walking

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through our doors and our patrons. I
think, uh, we've had a 26% increase

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since 2023 and we're projecting that
much more growth in the next year.

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There we go. Okay. Um, so same thing, we
have an increase from 2023 in our

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checkouts. Um, so we've gone from 89,000
in 2023 to over 100,000 checkouts, um,

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expected this year, which again, that's
all through, um, print materials and our

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online resources as well.

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And then summer reading, we've had a
171%

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increase in zero to 12-year-olds
registered. Um, this summer was super

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successful. We've had 340 four kids
signed up. Um, our teens and adults kind

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of average the same, but they did a
phenomenal job. I don't know if anybody

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saw, but we had the badges this summer,
um, and all sorts of different

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activities that everybody, all the staff
really did a great job in supporting our

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kids and and teens and even the adults
this year.

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And then coming soon, so we have a
trivia night coming up, um, in late

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September on the 26th, our book sale,
which is always great and run by the

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friends of the Malvern Library. That's
coming up, um, in the first weekend in

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October, the 2nd and the 3rd. And then
we also have pints with a purpose. So

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this was a fundraiser that we did for
the first time last year at Locust Lane,

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uh, and we raised $12,000
uh, with them. So we're hoping to have

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another great turnout, so save the date.
That's September 30th.

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Um,
it's a really great event. And then we

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also have our second bingo, um, night.
So this I think is going to be an

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afternoon event, um, but we're doing
them at the Malvern Retreat House. We

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did one in May which raised about
$6,000.

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It was a really fun event. We had table
decorating contest and it was great

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turnout. So we hope if you're interested
to see you there and we thank you for

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your continued support.
>> All right, thank you very much.

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Does any member of council have any
questions?

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» Any questions?
>> No, I think you guys are doing a great

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job and congratulations on all the hard
work you've done and you know, since the

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renovations have taken place, I'm kind
of blown away and you know, everything

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that you guys provide now and even the
record player room, I think is one of

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the coolest things that a library could
do. So well done.

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» Thank you.
>> All right, with that let's move on to

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public comment and just so that
everyone's aware

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items A and B under council business, so
the sale of 209 Old Lincoln Highway as

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well as
the zoning hearing board sending the

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solicitor there on August 24th, I will
open those up to public comment. So for

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right now,
you can make public if you'd like to

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talk on those topics, please wait for
that to occur, but other than that if

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you have public comment on things that
don't occur on the agenda or occur on

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some of the other items,
you may make those comments now. Scott,

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did you want to add anything?
>> I would just add I mean under the

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Sunshine Act Borough Council
in its discretion take all public

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comment at the beginning of the meeting.
Typically, what council has done when an

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item appears for the first time on a on
a public agenda at the second meeting,

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you will allow public comment at the
time that the matter is being

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considered. So that's what we're doing.
>> Okay.

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So with that said, would anybody care to
actually have a number of people who

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have signed signed up.
Mr. Taylor, would you care to speak

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regarding the
fire department and EMS?

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» [clears throat]

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» Good evening. Thanks for the opportunity
to speak. For a long time I think those

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of us in fire and EMS assumed people
understood what these services were

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worth.
We assumed people understood what it

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cost to have
>> Can you speak into the microphone?

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» Is that better?
>> Yes.

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» I thought I had a pretty big mouth.
We've assumed people understood what it

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cost to have a fire truck or ambulance
staffed and ready at 2:00 in the

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afternoon and at 2:00 in the morning.
But there's something we need to explain

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better. What you're paying for isn't
simply an ambulance ride or a fire truck

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responding to a call. You're paying for
readiness.

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00:10:11,840 --> 00:10:16,440
You're paying for the ambulance sitting
in the station when nobody needs it.

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You're paying for the firefighter EMT or
paramedic at the station at 3:00 in the

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morning. Probably drinking terrible
coffee waiting for a call we hope never

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comes.
You're paying for cardiac monitors,

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medications, protective equipment,
training, and communication systems that

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must be maintained and ready every
single day. Most importantly, you're

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paying for the people.

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You're paying so that when someone's
ordinary Tuesday suddenly becomes the

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worst day of their life, someone comes.
When someone has a heart attack, when a

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child can't breathe, when a family wakes
up to smoke in their home, when someone

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is trapped in a vehicle, someone comes.
Fire and EMS are more than individual

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emergency calls. We are health care. We
are public safety infrastructure. We are

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fire suppression, emergency medical
care, rescue, disaster response, and a

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00:11:02,960 --> 00:11:09,200
safety net that exists 24 hours a day,
365 days a year.

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But readiness has a cost.
Apparatus, ambulance, medical equipment,

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insurance, fuel, maintenance, training,
and personnel all continue to become

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00:11:15,200 --> 00:11:20,839
more expensive. At the same time, the
traditional volunteer system is

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00:11:18,960 --> 00:11:25,880
changing. Fewer people are available to
volunteer, requiring departments to

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00:11:23,280 --> 00:11:29,360
increasingly rely on rely on career
personnel to make sure someone is there

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when you call.
An ambulance without a crew cannot treat

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a patient. A fire truck without
firefighters cannot put out a fire.

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Readiness requires people, equipment,
training, and sustain- sustainable

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funding. We need funding models that
recognize communities aren't simply

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paying for individual calls.
They're supporting an emergency response

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system that must be ready every minute
of every day. And we in fire and EMS

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need to do a better job of telling that
story.

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We cannot wait until someone's house is
on fire to explain why the fire

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department matters. We cannot wait until
someone's loved one is having a heart

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attack to explain why a paramedic
matters.

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And we cannot talk about talk until
there's a financial crisis to talk about

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00:12:07,680 --> 00:12:12,440
sustainable funding.
Because ultimately, this isn't about

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00:12:10,680 --> 00:12:15,920
funding an ambulance or fire truck. It's
about funding the promise that when you

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call for help, someone will be there to
answer. And that is the promise worth

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protecting.
Thank you.

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00:12:20,320 --> 00:12:23,000
» Thank you, Mr. Taylor.

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00:12:23,840 --> 00:12:27,960
Do
we have questions?

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00:12:25,760 --> 00:12:33,680
» Uh this is just public comment.
Um next up, uh Mr. Buckley. Did you care

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00:12:30,800 --> 00:12:33,680
to make public comment?

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00:12:37,400 --> 00:12:41,680
» All right. I want to thank you for the
time to talk. First of all, I want to

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00:12:40,160 --> 00:12:46,960
thank the fire company for the work they
do. I want to thank the library. And um

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00:12:44,960 --> 00:12:51,560
if you want to make a donation,
not just some give the um fire company

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00:12:49,320 --> 00:12:55,800
some more and give the um library some
if you got it when you can.

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00:12:53,800 --> 00:12:58,240
Okay, let's get started with me.
I'm out here to burn bridge. I want to

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00:12:57,120 --> 00:13:00,720
thank you all for coming out here
tonight.

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00:12:59,240 --> 00:13:04,120
All right.
Uh where we at? We're going to have to

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00:13:02,600 --> 00:13:07,880
do something
at the bridge

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00:13:05,760 --> 00:13:11,520
because a kid's going to get hit there
or something.

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00:13:09,160 --> 00:13:15,760
The and the motorbikes in this town are
getting to be outrageous.

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00:13:13,600 --> 00:13:18,640
On my way up here to the meeting,
somebody was crossing there and the lady

200
00:13:17,280 --> 00:13:21,680
almost got hit walking. She said, "Do
you see that?" I don't know how she knew

201
00:13:19,880 --> 00:13:23,920
my name. She said, "You're Johnny." And
yeah, I said, "Well, I'll say something

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00:13:22,760 --> 00:13:27,480
to me."
Because

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00:13:25,040 --> 00:13:31,400
they're riding the motor on sidewalk.
They're coming in the wild wild going up

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00:13:29,120 --> 00:13:34,920
way up on the sidewalk.
And I'm not going to get in more

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00:13:33,240 --> 00:13:38,200
details. I'm just saying we got to start
enforcing something about them.

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00:13:36,800 --> 00:13:42,680
They come down Church Street and go way
through intersections and stuff.

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00:13:40,440 --> 00:13:46,800
I'm big on safety with the kids.
Okay, the next thing

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00:13:45,600 --> 00:13:50,040
I want to know how we're doing about the
traffic light at the bridge.

209
00:13:48,760 --> 00:13:54,120
I know I'm not going to get no answer
nothing on this.

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00:13:52,080 --> 00:13:58,320
But it's time to put that light there. I
don't know why this bird won't want it

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00:13:56,320 --> 00:14:02,320
if they can get it there. Cuz my state
reps and I'm talking to them every week

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00:14:00,440 --> 00:14:05,360
and there's just the safety issue that
would help put in a problem at the

213
00:14:03,680 --> 00:14:09,520
bridge because people's going through
there. I almost got hit in the butt

214
00:14:07,280 --> 00:14:13,000
yesterday, I think. I walking in the
crosswalk. This person waved me across

215
00:14:11,800 --> 00:14:16,840
and around they were coming around the
bridge wasn't even looking. I was just

216
00:14:14,960 --> 00:14:20,600
about on the
Pike side

217
00:14:18,360 --> 00:14:23,480
from King Street side across over there.
I almost got hit.

218
00:14:22,000 --> 00:14:26,400
I don't care if they hit me. You won't
have me around here. Just

219
00:14:25,040 --> 00:14:30,440
staying up and you'll be glad to have
that.

220
00:14:27,560 --> 00:14:30,440
Okay, um

221
00:14:32,200 --> 00:14:37,600
Okay. We have a um
orders

222
00:14:36,160 --> 00:14:40,720
um
that when you do something in the

223
00:14:39,200 --> 00:14:44,120
neighborhood
you have to post orders in the window

224
00:14:42,360 --> 00:14:47,200
cuz I know fact cuz I haven't been
having work in. I have to put the orders

225
00:14:46,240 --> 00:14:51,920
sign up. We're going to have to get a
new one when they come back to do stuff.

226
00:14:49,280 --> 00:14:56,000
But 162 Church Street
156 Church Street been doing a lot of

227
00:14:54,080 --> 00:14:59,520
work inside.
It's right across the street from me.

228
00:14:58,120 --> 00:15:03,680
And the next one's a double, not the
second one, but the next one.

229
00:15:01,880 --> 00:15:07,000
I can't understand why ain't no permit.
I thought pretty sure in the orders you

230
00:15:05,200 --> 00:15:12,040
have to post it where somebody can see
it. Okay.

231
00:15:09,080 --> 00:15:18,320
Uh next Yeah, permits on the windows.
Next Um these sidewalks are very bad.

232
00:15:16,120 --> 00:15:23,440
I see people falling up town. I see them
on Woodland Avenue very badly. Um

233
00:15:20,920 --> 00:15:28,680
especially my street. I fell, too.
And on that side and that side. And

234
00:15:26,680 --> 00:15:33,520
if we got a code enforcer
that's come out and do the job.

235
00:15:30,640 --> 00:15:38,320
Because he comes out to get me.
Why can't he get these other things?

236
00:15:35,680 --> 00:15:38,320
Uh

237
00:15:39,840 --> 00:15:47,200
And then on the historic committee down
below here on the bulletin board

238
00:15:44,840 --> 00:15:51,480
are we allowed post ours, um,
advertising for our business and stuff?

239
00:15:51,680 --> 00:15:57,400
Because if I had I'm going to advertise
for me to cut grass.

240
00:15:56,280 --> 00:15:59,840
Thumbs up.
>> All right. Thank you for your comment,

241
00:15:58,560 --> 00:16:04,440
Mr. Buckley.
I I noticed that on this uh sign-up form

242
00:16:02,680 --> 00:16:08,720
there's a lot of individuals who like to
speak to uh us sending the solicitor to

243
00:16:07,120 --> 00:16:14,400
the August 24th zoning hearing board
meeting. Uh for those of you uh

244
00:16:11,800 --> 00:16:16,800
do any of you want to speak now or can
we wait till we get to that portion of

245
00:16:15,680 --> 00:16:19,760
the agenda?
You're comfortable with that? Okay,

246
00:16:17,760 --> 00:16:23,120
thank you. With that said, uh does
anybody else care to make public

247
00:16:20,920 --> 00:16:25,920
comment?
Uh Miss McShane?

248
00:16:36,160 --> 00:16:41,480
» Hello.
Good evening.

249
00:16:38,720 --> 00:16:47,839
Good evening to council, mayor.
Um

250
00:16:43,880 --> 00:16:51,880
Oh, Stacy McShane Pettyjohn, 139 Church
Street.

251
00:16:48,880 --> 00:16:56,760
Um I want to speak on two things. The
first one is that

252
00:16:54,480 --> 00:17:03,080
uh the first one is Defer Mar.
Uh it was uh conditionally approved

253
00:16:59,800 --> 00:17:08,880
through planning. Um I do just want to
mention um

254
00:17:05,680 --> 00:17:14,360
how important requiring a traffic and
pedestrian safety evaluation covering

255
00:17:11,760 --> 00:17:20,040
the right-of-way, sidewalks, crosswalks,
emergency access, and sight distance.

256
00:17:17,400 --> 00:17:23,520
that evaluation must be thorough,
transparent,

257
00:17:21,560 --> 00:17:28,600
and completed to the engineer's
satisfaction before

258
00:17:26,040 --> 00:17:34,560
again, before
say it one more time, before

259
00:17:31,840 --> 00:17:41,080
final plans are recorded or permits are
issued. Residents have raised these

260
00:17:37,200 --> 00:17:47,800
safety concerns for a long time. Please
listen to the conditions

261
00:17:44,240 --> 00:17:53,720
that planning put on this approval.
Uh next is the sign ordinance, ordinance

262
00:17:51,520 --> 00:17:56,832
2025-04
in chapter 139.

263
00:17:55,960 --> 00:17:59,880
Um
>> [clears throat]

264
00:17:57,040 --> 00:18:04,080
» they restrict signs for the parks and
related fields.

265
00:18:01,760 --> 00:18:08,360
Um however,
uh

266
00:18:06,120 --> 00:18:12,720
I'm seeing cars, property maintenance,
and others uh that remain posted there

267
00:18:10,800 --> 00:18:17,440
that have been there for at least 6
months. Those signs do not appear to

268
00:18:15,160 --> 00:18:22,600
qualify for the narrow temporary event
exception.

269
00:18:18,800 --> 00:18:27,520
These same rules uh seem to be applied
unevenly

270
00:18:24,160 --> 00:18:33,120
when signs were being placed out trying
to gather or at least notify the public

271
00:18:30,800 --> 00:18:40,440
and the community about things that may
be going on, being voted on, ordinances,

272
00:18:36,800 --> 00:18:44,360
etc. And all of a sudden this ordinance
was passed.

273
00:18:42,120 --> 00:18:49,680
Uh all of a sudden it was heavily
enforced. And now it seems like it's

274
00:18:47,040 --> 00:18:54,080
not. So, I'm just asking if it could be
applied evenly.

275
00:18:51,520 --> 00:19:00,760
Um I ask council to apply the ordinance
consistently. Um and possibly to explain

276
00:18:58,160 --> 00:19:04,720
the basis for allowing those signs while
restricting other signs.

277
00:19:03,120 --> 00:19:08,520
Um
The other thing that I do is I also want

278
00:19:06,520 --> 00:19:13,160
to thank everybody for the community
day. I think it was I I know the weather

279
00:19:11,280 --> 00:19:18,520
was iffy, but I still think it was a
good success and I want to thank you for

280
00:19:15,040 --> 00:19:22,800
that. I also want to thank our fire
department and our police department and

281
00:19:20,760 --> 00:19:28,000
I can't stress that enough as somebody
who has a special needs kid within the

282
00:19:25,160 --> 00:19:33,280
first year of his life where he almost
didn't make it past his first year of

283
00:19:30,320 --> 00:19:37,920
life. Um thank you guys were there no
less than 14 times. So I can't stress

284
00:19:36,480 --> 00:19:42,560
that enough.
Um every second seems like an hour to

285
00:19:40,800 --> 00:19:45,240
these families. Thank you.
>> Thank you for coming.

286
00:19:43,960 --> 00:19:48,760
Uh would anyone else care to make public
comment?

287
00:19:46,800 --> 00:19:51,720
All right, let's move on then.
Um

288
00:19:49,640 --> 00:19:55,800
Borough Council subcommittees,
uh do I have a uh a motion to approve

289
00:19:54,240 --> 00:20:00,280
the minutes of the regular meeting held
on July 21st as presented?

290
00:19:59,240 --> 00:20:03,080
» I'll move.
>> I'll second.

291
00:20:02,480 --> 00:20:04,720
» Second.
>> All in favor?

292
00:20:04,320 --> 00:20:06,480
» I.
>> I.

293
00:20:05,200 --> 00:20:10,360
» Motion passes. Do I have a motion to
approve the minutes of the workshop

294
00:20:07,640 --> 00:20:12,960
meeting held on August 4th as presented?
>> So moved.

295
00:20:12,120 --> 00:20:14,880
» Second.
>> All in favor?

296
00:20:14,400 --> 00:20:17,440
» I.
>> I.

297
00:20:15,880 --> 00:20:21,160
» Uh do I have a motion to approve the
treasurer's report, the subcommittee

298
00:20:18,840 --> 00:20:24,600
report for finance and administration,
public safety, and public works, as well

299
00:20:22,920 --> 00:20:27,360
as the chief of police report, code
enforcement department report, and

300
00:20:25,880 --> 00:20:33,320
interim superintendent of public works
report for July 2026 as submitted?

301
00:20:31,040 --> 00:20:34,520
» I'll move.
>> All in favor?

302
00:20:34,160 --> 00:20:36,800
» I.
>> I.

303
00:20:35,440 --> 00:20:38,360
» All right, uh let's move on to council
business.

304
00:20:37,800 --> 00:20:41,960
Uh
let's discuss and we will open this up

305
00:20:40,240 --> 00:20:45,160
to public comment, uh the bid for the
sale of the

306
00:20:43,120 --> 00:20:50,080
209 Old Lincoln Highway. Scott, would
you care to speak to this?

307
00:20:46,920 --> 00:20:53,680
» Thanks, Mr. President. So, um
the borough uh

308
00:20:51,880 --> 00:20:58,000
solicited
by public notice

309
00:20:55,600 --> 00:21:03,800
uh sealed bids for the purchase of the
real estate at 209 Old Lincoln Highway.

310
00:21:01,240 --> 00:21:10,960
Uh the bid period closed Thursday, July
30, 2026 at 4:00 p.m. And the bids were

311
00:21:08,240 --> 00:21:15,720
the bid was opened thereafter at or
about 4:30. The

312
00:21:13,240 --> 00:21:19,000
uh bureau received one bid.
Um the

313
00:21:17,240 --> 00:21:26,080
bid price
was $80,000.

314
00:21:21,600 --> 00:21:29,600
There was a proposed or a uh suggested
addendum, which contained an escalation

315
00:21:28,440 --> 00:21:32,800
clause
um in the event there were additional

316
00:21:31,680 --> 00:21:36,280
bids.
Uh

317
00:21:34,120 --> 00:21:42,160
but since there weren't any uh the
escalation clause uh would not have

318
00:21:38,520 --> 00:21:48,040
kicked in. Uh and the offer to purchase
is $80,000.

319
00:21:44,480 --> 00:21:54,320
Um the bureau obtained an appraisal for
the property

320
00:21:49,520 --> 00:22:00,040
in uh October of 2025.
The appraised value per that appraisal

321
00:21:57,080 --> 00:22:04,240
was $195,000.
Uh so

322
00:22:01,560 --> 00:22:09,880
uh as of now, we have a bid for 80 with
an appraised value of 195. In the bid

323
00:22:07,160 --> 00:22:14,800
package we announced to prospective
bidders and the community at large the

324
00:22:12,520 --> 00:22:21,600
council would consider whatever bids uh
were received and make a determination

325
00:22:17,440 --> 00:22:24,840
this evening whether to accept or reject
uh any

326
00:22:23,000 --> 00:22:28,280
uh of the bids.
So, it is for council tonight to

327
00:22:26,880 --> 00:22:36,320
determine whether it would like to
accept or whether it would like to um

328
00:22:32,120 --> 00:22:40,080
move to reject the one bid received.
>> Uh I don't know how the rest of you

329
00:22:38,080 --> 00:22:43,840
feel, but I'm personally of the mindset
that we should reject the bid. It's less

330
00:22:41,960 --> 00:22:48,800
than half of what we were
uh the property was appraised for. Uh

331
00:22:47,240 --> 00:22:52,960
and I see no harm in holding on to it
for a little bit longer if we feel in

332
00:22:50,880 --> 00:22:56,080
the future we can get a more
a bid that more accurately reflects what

333
00:22:54,880 --> 00:22:59,560
we were expecting the value of the
property to be.

334
00:22:57,520 --> 00:23:03,040
» So, I'll make the motion that we would
reject the bid.

335
00:23:01,640 --> 00:23:05,120
» All right. Any other comments from
council before

336
00:23:04,520 --> 00:23:08,360
uh
I take a second

337
00:23:07,160 --> 00:23:12,200
and open up to public.
>> I I agree with you.

338
00:23:09,560 --> 00:23:14,720
» Okay. Uh so, can I have a second on that
and then I'll open up to public comment?

339
00:23:13,760 --> 00:23:16,840
All right. So, I have a motion and a
second.

340
00:23:15,880 --> 00:23:19,520
Um
Would anybody care to make public

341
00:23:17,880 --> 00:23:22,600
comment? Mr. Buckley, I see your hand is
up.

342
00:23:20,360 --> 00:23:27,720
And this is regarding the sale of 209
Old Lincoln Highway. Okay?

343
00:23:25,320 --> 00:23:32,560
» Um
Don't take to change to figure it out.

344
00:23:30,600 --> 00:23:35,560
They want that property cheap and he's
going to end up building three or four

345
00:23:33,720 --> 00:23:39,280
houses along there.
But I

346
00:23:36,640 --> 00:23:44,320
you know. And
Well, we we only get one bid.

347
00:23:42,120 --> 00:23:48,600
I think we should increase it
to three bids

348
00:23:45,840 --> 00:23:53,680
before we even make a decision.
Because one bid, that's not it. You

349
00:23:51,600 --> 00:23:58,520
know, come on, let's be real.
And let these people cuz they pay taxes,

350
00:23:56,520 --> 00:24:02,400
we ain't getting nothing in return, but
our taxes are high. Thank you.

351
00:24:01,160 --> 00:24:06,240
» All right, thank you. And just for the
record, we would have accepted many,

352
00:24:04,720 --> 00:24:09,280
many bids. We would have preferred that.
We just happened to get only one. So, I

353
00:24:07,720 --> 00:24:12,560
think there's a little confusion around
how the process works.

354
00:24:10,920 --> 00:24:18,040
Uh would anyone else care to make public
comment regarding 209 Old Lincoln

355
00:24:14,360 --> 00:24:18,040
Highway? Ms. McShane?

356
00:24:25,640 --> 00:24:31,600
» Hello again. Stacey McShane Pettyjohn,
139 Church.

357
00:24:29,600 --> 00:24:34,840
Um this is mostly just say that I'm on
the record. I understand it sounds like

358
00:24:33,200 --> 00:24:39,320
you're leaning towards rejecting it. I
just have to go on the record with

359
00:24:36,800 --> 00:24:43,360
saying um that if you were voting to
accept the bid tonight, it does risk

360
00:24:41,600 --> 00:24:49,200
clouding the title
and could cause later result in the sale

361
00:24:45,680 --> 00:24:52,520
being unwound because of uh docket
number 202605649MJ,

362
00:24:53,800 --> 00:25:00,160
which is and also includes the motion
for the preliminary injunction. So

363
00:24:58,080 --> 00:25:05,040
again, I understand it sounds like
you're rejecting it. I just need to go

364
00:25:02,040 --> 00:25:09,520
on the record with saying that.
I also um

365
00:25:07,640 --> 00:25:13,760
think you should formally object to it
and I as a plaintiff formally object to

366
00:25:11,880 --> 00:25:17,520
any acceptance of the bid tonight. Thank
you.

367
00:25:15,240 --> 00:25:22,520
» Yeah, would you care to speak to that?
>> Uh well, so typically the borough

368
00:25:19,280 --> 00:25:28,040
doesn't make public comment on pending
litigation. Um

369
00:25:25,240 --> 00:25:31,760
I I guess what I would say is
uh

370
00:25:29,400 --> 00:25:35,880
if the council determines to reject the
bid this evening,

371
00:25:33,320 --> 00:25:40,200
then aside from the lack of merit that
the case has already, the case now would

372
00:25:38,760 --> 00:25:45,920
then be moot.
Um and then if council would decide to

373
00:25:43,920 --> 00:25:50,240
accept the bid,
then yeah, we would have to go uh to

374
00:25:48,800 --> 00:25:55,640
Judge Binder
on an emergency basis uh to address

375
00:25:54,720 --> 00:26:00,280
um
the alleged merits of the pending case.

376
00:25:58,640 --> 00:26:03,240
» All right, fair enough.
All right, would anyone else care to

377
00:26:01,200 --> 00:26:07,160
make public comment?
All right, so I have a motion second.

378
00:26:04,600 --> 00:26:09,800
All in favor to reject the bid uh for
209 Olding Highway.

379
00:26:09,320 --> 00:26:11,960
» I.
>> I.

380
00:26:10,360 --> 00:26:16,280
» All right, motion passes.
Uh next up uh

381
00:26:14,120 --> 00:26:20,000
uh to This would be a motion to
authorize this sending of our borough

382
00:26:18,360 --> 00:26:24,560
solicitor to the zoning hearing board on
Monday, August 24th. Um Scott, would you

383
00:26:23,000 --> 00:26:27,840
care to speak to this?
>> I will.

384
00:26:25,040 --> 00:26:34,400
» So uh briefly um
so the matter is uh involves the

385
00:26:30,280 --> 00:26:37,880
property at 117 123 Monument Avenue.
Um

386
00:26:35,880 --> 00:26:43,000
the borough zoning officer issued a
notice of violation on June 12th of 2026

387
00:26:40,880 --> 00:26:48,920
to the owner of that property
for violations of a series of um

388
00:26:46,240 --> 00:26:53,920
sections of the borough ordinance
related to uh providing off-street

389
00:26:51,200 --> 00:26:57,760
parking on the subject property for use
conducted on a separate property, for

390
00:26:56,200 --> 00:27:02,800
increasing the amount of impervious
coverage on the subject property, and

391
00:27:00,000 --> 00:27:08,000
some other, uh, violations. Uh, the
owner has filed an appeal to the zoning

392
00:27:05,960 --> 00:27:15,360
hearing board. That matter is now
scheduled for, um, Monday, August 24th.

393
00:27:12,560 --> 00:27:20,600
Um, so, for your purposes tonight, you
have to decide whether you want to send,

394
00:27:18,800 --> 00:27:24,120
uh, the solicitor,
likely me,

395
00:27:21,960 --> 00:27:28,320
um, to the hearing to represent the
borough,

396
00:27:25,280 --> 00:27:31,680
and to assist the zoning officer with
the presentation of the borough's case

397
00:27:30,280 --> 00:27:38,000
against the owner.
I note, so, this matter before the

398
00:27:34,920 --> 00:27:41,560
zoning hearing board is an appeal, and
since the borough issued the notice of

399
00:27:39,720 --> 00:27:45,800
violation,
um, the borough will have the initial

400
00:27:43,800 --> 00:27:49,840
burden of proof,
meaning the borough goes first.

401
00:27:48,000 --> 00:27:54,480
Um, it's not
where you have the landowner filing an

402
00:27:52,360 --> 00:27:57,760
application for a variance,
and then the landowner has the initial

403
00:27:56,040 --> 00:28:02,000
burden of proof, and it might, you know,
shift to an objector if they meet their

404
00:27:59,520 --> 00:28:06,760
burden. Um, so, [clears throat]
uh, that's kind of where we are. It's an

405
00:28:04,240 --> 00:28:11,080
enforcement action with an appeal.
Uh, we're not getting into the merits

406
00:28:08,760 --> 00:28:16,200
tonight. I'm certainly willing to field
questions to the extent I'm able, but

407
00:28:13,200 --> 00:28:18,840
what I'm not going to do is disclose my
legal

408
00:28:17,560 --> 00:28:22,760
theories,
um,

409
00:28:20,280 --> 00:28:27,440
because that happens Monday night.
And, you know, it's a strategy and

410
00:28:25,160 --> 00:28:31,400
mental impression thing.
Yeah, right.

411
00:28:28,800 --> 00:28:35,960
Um, in the past when, I mean, we've had
a few of these enforcement actions in

412
00:28:33,480 --> 00:28:39,920
the past, council has authorized to send
the solicitor.

413
00:28:38,560 --> 00:28:44,120
» All right, so, do we have any, uh,
comments or questions from council? I

414
00:28:41,880 --> 00:28:47,760
personally am in favor of sending
solicitor, uh, uh, on the borough's

415
00:28:46,160 --> 00:28:50,160
behalf in front of the zoning hearing
board.

416
00:28:48,800 --> 00:28:52,720
Uh, does anybody else have any comments
or thoughts?

417
00:28:52,840 --> 00:28:55,560
» I would agree with that.
>> Okay.

418
00:28:54,920 --> 00:28:58,600
Uh,
>> Well, I I would agree with it, too, but

419
00:28:57,160 --> 00:29:02,200
I'd like to hear from some of the
neighbors and how it's going to impact

420
00:29:00,360 --> 00:29:05,760
their lives. Hasn't been impacting them.
>> Agreed. And we have a number of

421
00:29:04,360 --> 00:29:09,360
individuals who signed up for public
comment. I'll probably make a

422
00:29:08,120 --> 00:29:12,200
take a motion a second and then I'll
open up for public comment if everyone's

423
00:29:10,760 --> 00:29:13,880
all right. So, with that, do I have a
motion?

424
00:29:12,840 --> 00:29:15,240
» I'll make a motion.
>> Do I hear a second? [clears throat]

425
00:29:14,560 --> 00:29:19,800
» Second.
>> All right. Let me go through

426
00:29:17,360 --> 00:29:23,440
the individuals who signed up to for
public comment and then for those who

427
00:29:22,040 --> 00:29:28,400
I'll open it up again for those who
haven't signed up. So,

428
00:29:25,080 --> 00:29:32,600
I'll start with Mr. Dave Burton.
Can I make public comment?

429
00:29:31,200 --> 00:29:35,960
Uh, just can you use the microphone so
that it gets picked up on the recording?

430
00:29:40,040 --> 00:29:47,000
» Hi, everyone.
Uh, Dave Burton, 19 Powhatan Avenue. Uh,

431
00:29:43,760 --> 00:29:49,960
we I'm here to and my wife, too, support
sending a solicitor

432
00:29:48,920 --> 00:29:56,080
for
fairly important situation with a

433
00:29:52,840 --> 00:30:01,080
residential property being basically
misused and abused in a commercial way.

434
00:30:00,080 --> 00:30:04,640
So,
that's all. Just send a solicitor.

435
00:30:03,480 --> 00:30:08,720
» Thank you.
Uh, next up,

436
00:30:06,320 --> 00:30:11,200
Mrs. Linda Burton.
Okay.

437
00:30:09,920 --> 00:30:14,160
For those who couldn't hear, she's in
agreement with her husband, for once,

438
00:30:12,880 --> 00:30:19,680
right?
Uh,

439
00:30:15,680 --> 00:30:19,680
Uh, next up, we have Dale Levin.

440
00:30:25,160 --> 00:30:30,880
» Good evening, everybody. Thank you for
obviously making this move quickly since

441
00:30:29,480 --> 00:30:35,600
last time I was here.
Um, obviously I want the solicitor there

442
00:30:33,320 --> 00:30:39,600
to represent the bureau and to take care
of this problem. Also,

443
00:30:38,000 --> 00:30:42,640
if you need anything from me and my wife
because we're the ones who get affected

444
00:30:40,960 --> 00:30:48,920
the most because we're right next door.
Uh we have lots of pictures of

445
00:30:45,280 --> 00:30:53,320
all the from the inception till now and
everything that took place over the last

446
00:30:50,760 --> 00:30:55,480
18 months, 2 years that led up to this.
All right. Thanks, guys. Please send us

447
00:30:54,960 --> 00:31:00,480
a listener.
>> All right. Thank you.

448
00:30:56,800 --> 00:31:00,480
Uh next up, Kelly Levin.

449
00:31:06,840 --> 00:31:13,560
» I'm right next door to 117.
So, um

450
00:31:11,560 --> 00:31:18,680
I see exactly what's going on there. I'd
like to thank everybody for giving me

451
00:31:15,440 --> 00:31:24,480
the chance to speak tonight. And um this
is about again, the uh solicitor being

452
00:31:22,000 --> 00:31:29,160
able being approved so that he can come
and represent the bureau. Um council

453
00:31:27,280 --> 00:31:32,960
should authorize the bureau solicitor to
attend and present on behalf of the

454
00:31:30,840 --> 00:31:36,960
bureau and zoning officer.
The bureau needs legal counsel to

455
00:31:34,320 --> 00:31:41,400
present.
It just wouldn't be fair or balanced for

456
00:31:39,160 --> 00:31:45,760
the bureau's position to go undefended
when legal claims are being made against

457
00:31:43,480 --> 00:31:49,680
the zoning officer's determination. The
solicitor can help ensure that the

458
00:31:47,760 --> 00:31:54,720
bureau's zoning laws are accurately
explained and that the board that the

459
00:31:52,440 --> 00:31:57,840
board has a complete legal record before
making a decision.

460
00:31:58,680 --> 00:32:04,440
Malvern zoning laws exist to protect
residential neighborhoods, green space,

461
00:32:02,760 --> 00:32:09,200
quality of life,
and fairness for all property owners.

462
00:32:07,400 --> 00:32:14,000
When violations are challenged, the
bureau should not leave residents to

463
00:32:10,680 --> 00:32:18,040
defend the public interest on their own.
A minimal fine should not become an

464
00:32:15,720 --> 00:32:23,320
acceptable cost of doing business if the
result is long-term harm to the

465
00:32:20,280 --> 00:32:26,680
neighbors and to the neighborhood.
This is what has impacted our

466
00:32:24,960 --> 00:32:32,240
neighborhood.
The green space that once contributed to

467
00:32:30,320 --> 00:32:36,320
the beauty and the character of our
neighborhood

468
00:32:33,680 --> 00:32:40,400
has been removed and replaced by a
parking lot.

469
00:32:38,320 --> 00:32:45,200
Residents now see a parking lot and the
Liberty gas station sign instead of the

470
00:32:42,760 --> 00:32:49,640
former green buffer.
The increased noise from trucks and cars

471
00:32:46,960 --> 00:32:54,960
coming and going, bright headlights,
vehicle traffic, and business activity

472
00:32:51,840 --> 00:33:00,160
now occur on this residential property 7
days a week, 24 hours a day.

473
00:32:58,640 --> 00:33:04,560
Multiple businesses operate their
vehicles from this site, creating

474
00:33:02,240 --> 00:33:10,000
constant noise, disruption, and
environmental concerns, including

475
00:33:07,480 --> 00:33:16,120
landscaping chemicals,
oil and gasoline spills

476
00:33:12,760 --> 00:33:20,800
that harmed the land.
I have photographs of all of that.

477
00:33:18,880 --> 00:33:25,400
Our quality of life in Malvern's small
town residential neighborhood is being

478
00:33:22,680 --> 00:33:30,880
taken from us by a landlord's greed to
profit, collecting parking fees by

479
00:33:28,080 --> 00:33:38,280
creating a backyard parking lot
for 17 to 24 vehicles that shouldn't be

480
00:33:34,920 --> 00:33:42,120
there in the first place.
Both sides should be properly

481
00:33:40,120 --> 00:33:46,520
represented.
Okay, everybody has the right to bring

482
00:33:44,480 --> 00:33:51,520
their attorney and present their claims,
and the bureau should have counsel

483
00:33:48,880 --> 00:33:54,960
present to explain and defend the zoning
officer's position.

484
00:33:53,400 --> 00:33:59,520
This is not about preventing a property
owner from being heard, it's about

485
00:33:57,560 --> 00:34:04,000
ensuring that the bureau, its laws, and
residents are heard, too.

486
00:34:01,840 --> 00:34:09,320
Please approve the borough solicitor's
attendance at the 20 at the August 24th

487
00:34:06,960 --> 00:34:14,000
hearing. The borough solicitor must be
there to present on behalf of the zoning

488
00:34:11,520 --> 00:34:18,639
officer and to present
and to protect the citizens of Malvern.

489
00:34:17,080 --> 00:34:21,560
Malvern's zoning laws should mean
something.

490
00:34:19,320 --> 00:34:25,360
» Thank you, ma'am. We do have a 3-minute
limit, but I think we understand

491
00:34:24,480 --> 00:34:29,760
Okay, one
>> 1 minute 6 seconds. Residents should not

492
00:34:27,360 --> 00:34:34,919
have to lose green space, peace, and
quality of life because violations are

493
00:34:32,080 --> 00:34:37,159
treated as a small price to pay. Thank
you.

494
00:34:35,159 --> 00:34:39,919
» Thank you for your comment. Uh and then
Jack Weikert.

495
00:34:41,613 --> 00:34:46,159
» [laughter]
>> I thank you for being here. Thank you

496
00:34:43,840 --> 00:34:49,280
for listening. I live at 137 Monument
Avenue on the

497
00:34:47,720 --> 00:34:52,520
left-hand side if you're facing that
property 117-123. I'm on the left-hand

498
00:34:51,440 --> 00:34:55,679
side.
So I'm directly affected as well and I'm

499
00:34:54,080 --> 00:34:58,760
just I would request that you please
send the solicitor. I think

500
00:34:57,720 --> 00:35:01,120
that would be in the best interest of
everybody and I appreciate your time.

501
00:35:00,520 --> 00:35:03,600
Thanks.
>> All right. Thank you.

502
00:35:02,600 --> 00:35:07,160
That
is everyone who signed up on the list.

503
00:35:05,560 --> 00:35:11,760
Do we have anybody who would like to
make public comment who didn't sign up?

504
00:35:10,080 --> 00:35:13,360
No. All right. So we have a motion and a
second. All in favor?

505
00:35:13,000 --> 00:35:16,480
» All in favor.
>> Aye.

506
00:35:13,800 --> 00:35:20,360
» Any opposed? All right. Motion passes.
Next up,

507
00:35:18,600 --> 00:35:23,560
do I have a motion to accept the
recommendation of the Malvern Public

508
00:35:21,800 --> 00:35:29,880
Library Board of Trustees to appoint
Caitlyn O'Donnell to a full term

509
00:35:27,440 --> 00:35:31,480
of the Malvern Library Board.
>> So move.

510
00:35:30,760 --> 00:35:36,040
» Second.
>> Second. Any comments from council?

511
00:35:34,720 --> 00:35:38,000
Um
All right. With that,

512
00:35:37,320 --> 00:35:41,080
um
Do I have a Did I say We have motion

513
00:35:39,720 --> 00:35:43,520
second. All in favor?
>> Aye.

514
00:35:41,560 --> 00:35:47,169
» Aye. All right. Motion passes.
Congratulations.

515
00:35:45,149 --> 00:35:47,169
» [clears throat]

516
00:35:48,680 --> 00:35:54,640
» I
Next up, do I have a motion to approve

517
00:35:52,120 --> 00:36:00,280
resolution number 899 authorizing the
sale of a 2016 Ford F-550 to the highest

518
00:35:57,760 --> 00:36:03,880
bidder Jason Ron. Uh
Scott, do you want to weigh in on this?

519
00:36:01,920 --> 00:36:07,880
» So I would just say Mr. President at the
last meeting when we didn't have a

520
00:36:05,240 --> 00:36:12,360
quorum we we did discuss this
resolution.

521
00:36:09,720 --> 00:36:17,240
The winning bid after a month's worth of
bids was $32,000.

522
00:36:14,760 --> 00:36:23,800
I think it started at four grand and
there were I I think I said last meeting

523
00:36:20,160 --> 00:36:30,040
like 60 bids. So it was pretty active.
Um anyway, so So the background and and

524
00:36:27,280 --> 00:36:36,080
that is the uh winning bidder.
>> All right, with that do I have a motion

525
00:36:32,280 --> 00:36:40,680
to approve resolution number 899
authorizing the sale of the Ford F-550?

526
00:36:39,280 --> 00:36:42,600
» I'll move.
>> All in favor?

527
00:36:41,800 --> 00:36:46,200
» I.
>> All right, motion passes. Uh next up do

528
00:36:44,760 --> 00:36:49,360
I have a motion to authorize the
advertisement of ordinance number

529
00:36:47,600 --> 00:36:53,720
2026-04,
the food truck regulations at for

530
00:36:51,880 --> 00:36:56,560
approval at the September 15th Council
meeting?

531
00:36:55,120 --> 00:36:58,640
» Uh Scott, do you want to talk to this as
well?

532
00:36:56,920 --> 00:37:04,520
» very briefly. So at the uh I think it
was the June workshop um we discussed

533
00:37:02,760 --> 00:37:11,320
the draft ordinance that was before
Council at that time. There were um two

534
00:37:07,800 --> 00:37:17,960
primary revisions that were requested.
Um the revisions were to allow

535
00:37:15,640 --> 00:37:23,200
uh food trucks
in the residential zoning district for

536
00:37:21,160 --> 00:37:25,040
special events like PorchFest.
>> Mhm.

537
00:37:23,640 --> 00:37:29,280
» So that has [clears throat] been added
to subsection

538
00:37:26,920 --> 00:37:34,200
125-4
eight.

539
00:37:30,640 --> 00:37:39,000
Uh and then as with regard to roving
food trucks

540
00:37:35,640 --> 00:37:44,680
we inserted a provision that permits
roving food trucks to rove through the

541
00:37:41,960 --> 00:37:50,440
various districts um but that it's
they're still bound by the provisions

542
00:37:47,520 --> 00:37:56,320
except for uh certain delineated
subsections which deal with a diagram of

543
00:37:53,360 --> 00:38:00,160
your location and um
permission from the owner because

544
00:37:58,400 --> 00:38:05,680
they're not applicable because Mr.
Softee drives wherever he wants to go.

545
00:38:02,240 --> 00:38:08,760
» Yeah, this was all about Mr. Softee, so.
>> All right, uh

546
00:38:07,240 --> 00:38:12,880
so any comments from Council? I think
I'm in favor of these revisions.

547
00:38:10,680 --> 00:38:19,000
» Are are all these food trucks still
required to get

548
00:38:15,040 --> 00:38:21,320
permits and show their clearances like
Mr. Softee should have clearances, those

549
00:38:20,600 --> 00:38:24,600
kind of things? Okay.
>> Yes.

550
00:38:23,280 --> 00:38:27,080
» All right, with that, uh, do I have a
motion?

551
00:38:28,240 --> 00:38:31,840
» So moved.
>> Do I have a second?

552
00:38:30,720 --> 00:38:34,280
All in favor?
>> Aye.

553
00:38:32,400 --> 00:38:37,200
» All right, motion passes. Uh, there's no
new business tonight. Do I have a motion

554
00:38:35,720 --> 00:38:38,600
to adjourn?
>> So moved.

555
00:38:37,920 --> 00:38:40,080
» Do I have a second?
>> Second.

556
00:38:39,320 --> 00:38:41,000
» All in favor?
>> Aye.

557
00:38:40,480 --> 00:38:45,400
» Aye.
>> All right, everybody, thanks for coming

558
00:38:42,000 --> 00:38:45,400
out. Enjoy the rest of your evening.

559
00:39:06,640 --> 00:39:10,240
» Thank you.
Thank you.

560
00:39:11,120 --> 00:39:13,840
» You'll be old.

561
00:39:20,000 --> 00:39:23,480
» It's like this newer.
>> Yeah.

562
00:39:43,960 --> 00:39:48,920
» That one gets
>> They're on September 15th.