[0:00] Brendan Phillips, and Mayor Pappas would
you please lead us in the invocation.
[0:09] » As we open tonight's meeting, let us be
mindful of the responsibility we carry.
[0:14] The people of Melbourne trust us to do
this work carefully and thoughtfully.
[0:18] Help us listen well, speak honestly, and
work toward decisions that benefit the
[0:22] whole community.
We ask for the safety of our police
[0:25] officers and for all who serve this
community each day.
[0:29] And may our efforts reflect the best of
this town. Amen.
[0:34] » Pledge allegiance
>> to the flag of the United States of
[0:37] America, and to the republic for which
it stands, one nation under God,
[0:43] indivisible, with liberty and justice
for all.
[0:47] » All right, roll call. As I mentioned, I
am Council President Phillips, Council
[0:51] Vice President Warner,
Councilmember Bones,
[0:53] » Here.
>> Councilmember Frederick,
[0:54] » Here.
>> Councilmember Coons,
[0:56] » Here.
>> Councilmember Nemick,
[0:57] » Here.
>> Councilmember Richetti,
[0:59] » Here.
>> and Mayor [clears throat] Pappas,
[1:00] » Here.
>> Full
[1:02] full house here. All right. Um
announcements. Uh resolution number 875
[1:08] establishes the conduct protocol for
borough council meetings.
[1:11] Uh I think most of you have been here
before. There is no profanity, there's
[1:15] no screaming. Uh please wait to be
recognized. Uh
[1:19] please direct all your comments to
borough council, not to other members of
[1:23] the public. And a reminder, this is not
American Gladiators, this is a public
[1:29] borough council meeting. So, please
everybody be on your best behavior, all
[1:32] right?
Anyone recording the meeting is asked to
[1:35] announce so at this time in accordance
with resolution number 875. The borough
[1:38] will be recording this for the purpose
of putting it on the website. Uh is
[1:41] anybody else, either in person or
online, recording tonight's meeting?
[1:46] All right, it doesn't look like it. And
just as a warning, uh if there's a hot
[1:49] topic issue, impromptu recording may
happen.
[1:52] Um a reminder that public comment is a
time to bring comments to council, not a
[1:56] time for questions and answers. If you
have questions or concerns, please
[1:59] contact the bureau administrative office
during the week.
[2:02] Uh and then please visit the bureau's
website calendar regularly for updates
[2:06] on upcoming community events. And then
uh Scott, can I turn over to you?
[2:09] » I just I had that one another
announcement that I asked you about. Um
[2:14] I just want to let everybody know that
CRC Watersheds uh was here last week for
[2:18] a maintenance event to um to tend to the
trees that they that have been planted
[2:23] behind Quan Park. Um they've been a
great partner for us in terms of doing
[2:27] restoration work um
in in that area. So, if um just we're
[2:34] thankful that they were out here
maintaining the trees and if anybody is
[2:37] interested in um
volunteering with them, you can go to
[2:41] CRC Watersheds, their website.
[2:47] » All right, thank you, Mr. President. So,
Borough Council met in executive session
[2:51] immediately prior to this evening's
meeting.
[2:54] Uh all members of council were present
along with the mayor. Uh the topics
[2:58] discussed were the collective bargaining
agreement um
[3:02] McShane, the lawsuit of McShane versus
Malvern Borough, Chester County CCP
[3:07] 2026-05649
[3:10] -MJ,
uh the lawsuit of LaRusso versus Malvern
[3:14] Borough, uh Chester County CCP
2026-06374-MJ,
[3:20] and council discussed other agency
business
[3:23] uh subject to a privilege uh being the
attorney-client privilege.
[3:27] » All right, thank you. Uh next let's move
on to approval of the agenda. I'd like
[3:32] to uh
approve the agenda with agenda with the
[3:35] amendment uh that I guess it is
uh
[3:40] under council business uh motion C. Uh
this would be for Ms. O'Donnell to fill
[3:47] a full term uh
of the uh library board. So, uh do I
[3:53] have a motion to approve the agenda as
amended?
[3:56] » So moved.
>> Have a second?
[3:58] » Second.
>> All in favor?
[4:00] » Aye.
>> All right. Next up, we have a
[4:02] presentation from the Malvern Public
Library.
[4:05] Welcome.
[4:10] Uh push the red the button till the
light turns on.
[4:14] » Hello. Okay. Hi. Good evening. My name
is Caitlin O'Donnell. I am hopefully
[4:20] tonight going to be approved as a board
member for the Malvern Public Library. I
[4:24] have in the past served with the library
as a member at large.
[4:28] And so tonight I am here to represent
Justine. She's off in East Goshen
[4:32] tonight doing a similar presentation.
But she just had some really wonderful
[4:36] updates
for everybody about the library at the
[4:40] end of the summer.
So, thank you. All right. So, this is
[4:44] just our numbers just
that Malvern is contributing, let's see,
[4:50] we have about burrow contributes about
10% of our funding.
[4:55] We are working very hard since
I guess just the last several years on
[4:59] fundraising now that our renovation is
done.
[5:03] And then you can kind of see the
breakdown if so interested in the other
[5:07] municipalities.
[5:10] But as far as the burrow, we guys have
provided about 30 $39,000 in 2025.
[5:17] We have about 1800 cardholders within
the Malvern burrow.
[5:22] This past year we had about 26,000
materials checked out through the
[5:26] library which Justine kind of broke down
on an average cost that saved patrons
[5:31] about $519,000.
And that's just print materials, that's
[5:36] not including
you know the space and online resources.
[5:40] So,
we're very happy with those numbers. And
[5:43] as you'll see,
Um, we have continuously since 2023,
[5:49] we've had great increases in our
visitors, uh, the numbers walking
[5:52] through our doors and our patrons. I
think, uh, we've had a 26% increase
[5:57] since 2023 and we're projecting that
much more growth in the next year.
[6:17] There we go. Okay. Um, so same thing, we
have an increase from 2023 in our
[6:20] checkouts. Um, so we've gone from 89,000
in 2023 to over 100,000 checkouts, um,
[6:26] expected this year, which again, that's
all through, um, print materials and our
[6:31] online resources as well.
[6:35] And then summer reading, we've had a
171%
[6:39] increase in zero to 12-year-olds
registered. Um, this summer was super
[6:42] successful. We've had 340 four kids
signed up. Um, our teens and adults kind
[6:47] of average the same, but they did a
phenomenal job. I don't know if anybody
[6:50] saw, but we had the badges this summer,
um, and all sorts of different
[6:54] activities that everybody, all the staff
really did a great job in supporting our
[6:58] kids and and teens and even the adults
this year.
[7:04] And then coming soon, so we have a
trivia night coming up, um, in late
[7:07] September on the 26th, our book sale,
which is always great and run by the
[7:11] friends of the Malvern Library. That's
coming up, um, in the first weekend in
[7:15] October, the 2nd and the 3rd. And then
we also have pints with a purpose. So
[7:21] this was a fundraiser that we did for
the first time last year at Locust Lane,
[7:25] uh, and we raised $12,000
uh, with them. So we're hoping to have
[7:29] another great turnout, so save the date.
That's September 30th.
[7:33] Um,
it's a really great event. And then we
[7:36] also have our second bingo, um, night.
So this I think is going to be an
[7:41] afternoon event, um, but we're doing
them at the Malvern Retreat House. We
[7:45] did one in May which raised about
$6,000.
[7:49] It was a really fun event. We had table
decorating contest and it was great
[7:53] turnout. So we hope if you're interested
to see you there and we thank you for
[7:57] your continued support.
>> All right, thank you very much.
[8:01] Does any member of council have any
questions?
[8:04] » Any questions?
>> No, I think you guys are doing a great
[8:07] job and congratulations on all the hard
work you've done and you know, since the
[8:11] renovations have taken place, I'm kind
of blown away and you know, everything
[8:14] that you guys provide now and even the
record player room, I think is one of
[8:18] the coolest things that a library could
do. So well done.
[8:21] » Thank you.
>> All right, with that let's move on to
[8:24] public comment and just so that
everyone's aware
[8:28] items A and B under council business, so
the sale of 209 Old Lincoln Highway as
[8:35] well as
the zoning hearing board sending the
[8:39] solicitor there on August 24th, I will
open those up to public comment. So for
[8:44] right now,
you can make public if you'd like to
[8:47] talk on those topics, please wait for
that to occur, but other than that if
[8:51] you have public comment on things that
don't occur on the agenda or occur on
[8:55] some of the other items,
you may make those comments now. Scott,
[8:58] did you want to add anything?
>> I would just add I mean under the
[9:02] Sunshine Act Borough Council
in its discretion take all public
[9:06] comment at the beginning of the meeting.
Typically, what council has done when an
[9:11] item appears for the first time on a on
a public agenda at the second meeting,
[9:17] you will allow public comment at the
time that the matter is being
[9:20] considered. So that's what we're doing.
>> Okay.
[9:23] So with that said, would anybody care to
actually have a number of people who
[9:28] have signed signed up.
Mr. Taylor, would you care to speak
[9:32] regarding the
fire department and EMS?
[9:35] » [clears throat]
[9:38] » Good evening. Thanks for the opportunity
to speak. For a long time I think those
[9:42] of us in fire and EMS assumed people
understood what these services were
[9:45] worth.
We assumed people understood what it
[9:47] cost to have
>> Can you speak into the microphone?
[9:51] » Is that better?
>> Yes.
[9:53] » I thought I had a pretty big mouth.
We've assumed people understood what it
[9:57] cost to have a fire truck or ambulance
staffed and ready at 2:00 in the
[10:00] afternoon and at 2:00 in the morning.
But there's something we need to explain
[10:04] better. What you're paying for isn't
simply an ambulance ride or a fire truck
[10:08] responding to a call. You're paying for
readiness.
[10:11] You're paying for the ambulance sitting
in the station when nobody needs it.
[10:14] You're paying for the firefighter EMT or
paramedic at the station at 3:00 in the
[10:18] morning. Probably drinking terrible
coffee waiting for a call we hope never
[10:21] comes.
You're paying for cardiac monitors,
[10:24] medications, protective equipment,
training, and communication systems that
[10:28] must be maintained and ready every
single day. Most importantly, you're
[10:32] paying for the people.
[10:36] You're paying so that when someone's
ordinary Tuesday suddenly becomes the
[10:39] worst day of their life, someone comes.
When someone has a heart attack, when a
[10:44] child can't breathe, when a family wakes
up to smoke in their home, when someone
[10:48] is trapped in a vehicle, someone comes.
Fire and EMS are more than individual
[10:53] emergency calls. We are health care. We
are public safety infrastructure. We are
[10:57] fire suppression, emergency medical
care, rescue, disaster response, and a
[11:02] safety net that exists 24 hours a day,
365 days a year.
[11:07] But readiness has a cost.
Apparatus, ambulance, medical equipment,
[11:11] insurance, fuel, maintenance, training,
and personnel all continue to become
[11:15] more expensive. At the same time, the
traditional volunteer system is
[11:18] changing. Fewer people are available to
volunteer, requiring departments to
[11:23] increasingly rely on rely on career
personnel to make sure someone is there
[11:27] when you call.
An ambulance without a crew cannot treat
[11:30] a patient. A fire truck without
firefighters cannot put out a fire.
[11:36] Readiness requires people, equipment,
training, and sustain- sustainable
[11:40] funding. We need funding models that
recognize communities aren't simply
[11:44] paying for individual calls.
They're supporting an emergency response
[11:48] system that must be ready every minute
of every day. And we in fire and EMS
[11:52] need to do a better job of telling that
story.
[11:54] We cannot wait until someone's house is
on fire to explain why the fire
[11:57] department matters. We cannot wait until
someone's loved one is having a heart
[12:00] attack to explain why a paramedic
matters.
[12:03] And we cannot talk about talk until
there's a financial crisis to talk about
[12:07] sustainable funding.
Because ultimately, this isn't about
[12:10] funding an ambulance or fire truck. It's
about funding the promise that when you
[12:13] call for help, someone will be there to
answer. And that is the promise worth
[12:18] protecting.
Thank you.
[12:20] » Thank you, Mr. Taylor.
[12:23] Do
we have questions?
[12:25] » Uh this is just public comment.
Um next up, uh Mr. Buckley. Did you care
[12:30] to make public comment?
[12:37] » All right. I want to thank you for the
time to talk. First of all, I want to
[12:40] thank the fire company for the work they
do. I want to thank the library. And um
[12:44] if you want to make a donation,
not just some give the um fire company
[12:49] some more and give the um library some
if you got it when you can.
[12:53] Okay, let's get started with me.
I'm out here to burn bridge. I want to
[12:57] thank you all for coming out here
tonight.
[12:59] All right.
Uh where we at? We're going to have to
[13:02] do something
at the bridge
[13:05] because a kid's going to get hit there
or something.
[13:09] The and the motorbikes in this town are
getting to be outrageous.
[13:13] On my way up here to the meeting,
somebody was crossing there and the lady
[13:17] almost got hit walking. She said, "Do
you see that?" I don't know how she knew
[13:19] my name. She said, "You're Johnny." And
yeah, I said, "Well, I'll say something
[13:22] to me."
Because
[13:25] they're riding the motor on sidewalk.
They're coming in the wild wild going up
[13:29] way up on the sidewalk.
And I'm not going to get in more
[13:33] details. I'm just saying we got to start
enforcing something about them.
[13:36] They come down Church Street and go way
through intersections and stuff.
[13:40] I'm big on safety with the kids.
Okay, the next thing
[13:45] I want to know how we're doing about the
traffic light at the bridge.
[13:48] I know I'm not going to get no answer
nothing on this.
[13:52] But it's time to put that light there. I
don't know why this bird won't want it
[13:56] if they can get it there. Cuz my state
reps and I'm talking to them every week
[14:00] and there's just the safety issue that
would help put in a problem at the
[14:03] bridge because people's going through
there. I almost got hit in the butt
[14:07] yesterday, I think. I walking in the
crosswalk. This person waved me across
[14:11] and around they were coming around the
bridge wasn't even looking. I was just
[14:14] about on the
Pike side
[14:18] from King Street side across over there.
I almost got hit.
[14:22] I don't care if they hit me. You won't
have me around here. Just
[14:25] staying up and you'll be glad to have
that.
[14:27] Okay, um
[14:32] Okay. We have a um
orders
[14:36] um
that when you do something in the
[14:39] neighborhood
you have to post orders in the window
[14:42] cuz I know fact cuz I haven't been
having work in. I have to put the orders
[14:46] sign up. We're going to have to get a
new one when they come back to do stuff.
[14:49] But 162 Church Street
156 Church Street been doing a lot of
[14:54] work inside.
It's right across the street from me.
[14:58] And the next one's a double, not the
second one, but the next one.
[15:01] I can't understand why ain't no permit.
I thought pretty sure in the orders you
[15:05] have to post it where somebody can see
it. Okay.
[15:09] Uh next Yeah, permits on the windows.
Next Um these sidewalks are very bad.
[15:16] I see people falling up town. I see them
on Woodland Avenue very badly. Um
[15:20] especially my street. I fell, too.
And on that side and that side. And
[15:26] if we got a code enforcer
that's come out and do the job.
[15:30] Because he comes out to get me.
Why can't he get these other things?
[15:35] Uh
[15:39] And then on the historic committee down
below here on the bulletin board
[15:44] are we allowed post ours, um,
advertising for our business and stuff?
[15:51] Because if I had I'm going to advertise
for me to cut grass.
[15:56] Thumbs up.
>> All right. Thank you for your comment,
[15:58] Mr. Buckley.
I I noticed that on this uh sign-up form
[16:02] there's a lot of individuals who like to
speak to uh us sending the solicitor to
[16:07] the August 24th zoning hearing board
meeting. Uh for those of you uh
[16:11] do any of you want to speak now or can
we wait till we get to that portion of
[16:15] the agenda?
You're comfortable with that? Okay,
[16:17] thank you. With that said, uh does
anybody else care to make public
[16:20] comment?
Uh Miss McShane?
[16:36] » Hello.
Good evening.
[16:38] Good evening to council, mayor.
Um
[16:43] Oh, Stacy McShane Pettyjohn, 139 Church
Street.
[16:48] Um I want to speak on two things. The
first one is that
[16:54] uh the first one is Defer Mar.
Uh it was uh conditionally approved
[16:59] through planning. Um I do just want to
mention um
[17:05] how important requiring a traffic and
pedestrian safety evaluation covering
[17:11] the right-of-way, sidewalks, crosswalks,
emergency access, and sight distance.
[17:17] that evaluation must be thorough,
transparent,
[17:21] and completed to the engineer's
satisfaction before
[17:26] again, before
say it one more time, before
[17:31] final plans are recorded or permits are
issued. Residents have raised these
[17:37] safety concerns for a long time. Please
listen to the conditions
[17:44] that planning put on this approval.
Uh next is the sign ordinance, ordinance
[17:51] 2025-04
in chapter 139.
[17:55] Um
>> [clears throat]
[17:57] » they restrict signs for the parks and
related fields.
[18:01] Um however,
uh
[18:06] I'm seeing cars, property maintenance,
and others uh that remain posted there
[18:10] that have been there for at least 6
months. Those signs do not appear to
[18:15] qualify for the narrow temporary event
exception.
[18:18] These same rules uh seem to be applied
unevenly
[18:24] when signs were being placed out trying
to gather or at least notify the public
[18:30] and the community about things that may
be going on, being voted on, ordinances,
[18:36] etc. And all of a sudden this ordinance
was passed.
[18:42] Uh all of a sudden it was heavily
enforced. And now it seems like it's
[18:47] not. So, I'm just asking if it could be
applied evenly.
[18:51] Um I ask council to apply the ordinance
consistently. Um and possibly to explain
[18:58] the basis for allowing those signs while
restricting other signs.
[19:03] Um
The other thing that I do is I also want
[19:06] to thank everybody for the community
day. I think it was I I know the weather
[19:11] was iffy, but I still think it was a
good success and I want to thank you for
[19:15] that. I also want to thank our fire
department and our police department and
[19:20] I can't stress that enough as somebody
who has a special needs kid within the
[19:25] first year of his life where he almost
didn't make it past his first year of
[19:30] life. Um thank you guys were there no
less than 14 times. So I can't stress
[19:36] that enough.
Um every second seems like an hour to
[19:40] these families. Thank you.
>> Thank you for coming.
[19:43] Uh would anyone else care to make public
comment?
[19:46] All right, let's move on then.
Um
[19:49] Borough Council subcommittees,
uh do I have a uh a motion to approve
[19:54] the minutes of the regular meeting held
on July 21st as presented?
[19:59] » I'll move.
>> I'll second.
[20:02] » Second.
>> All in favor?
[20:04] » I.
>> I.
[20:05] » Motion passes. Do I have a motion to
approve the minutes of the workshop
[20:07] meeting held on August 4th as presented?
>> So moved.
[20:12] » Second.
>> All in favor?
[20:14] » I.
>> I.
[20:15] » Uh do I have a motion to approve the
treasurer's report, the subcommittee
[20:18] report for finance and administration,
public safety, and public works, as well
[20:22] as the chief of police report, code
enforcement department report, and
[20:25] interim superintendent of public works
report for July 2026 as submitted?
[20:31] » I'll move.
>> All in favor?
[20:34] » I.
>> I.
[20:35] » All right, uh let's move on to council
business.
[20:37] Uh
let's discuss and we will open this up
[20:40] to public comment, uh the bid for the
sale of the
[20:43] 209 Old Lincoln Highway. Scott, would
you care to speak to this?
[20:46] » Thanks, Mr. President. So, um
the borough uh
[20:51] solicited
by public notice
[20:55] uh sealed bids for the purchase of the
real estate at 209 Old Lincoln Highway.
[21:01] Uh the bid period closed Thursday, July
30, 2026 at 4:00 p.m. And the bids were
[21:08] the bid was opened thereafter at or
about 4:30. The
[21:13] uh bureau received one bid.
Um the
[21:17] bid price
was $80,000.
[21:21] There was a proposed or a uh suggested
addendum, which contained an escalation
[21:28] clause
um in the event there were additional
[21:31] bids.
Uh
[21:34] but since there weren't any uh the
escalation clause uh would not have
[21:38] kicked in. Uh and the offer to purchase
is $80,000.
[21:44] Um the bureau obtained an appraisal for
the property
[21:49] in uh October of 2025.
The appraised value per that appraisal
[21:57] was $195,000.
Uh so
[22:01] uh as of now, we have a bid for 80 with
an appraised value of 195. In the bid
[22:07] package we announced to prospective
bidders and the community at large the
[22:12] council would consider whatever bids uh
were received and make a determination
[22:17] this evening whether to accept or reject
uh any
[22:23] uh of the bids.
So, it is for council tonight to
[22:26] determine whether it would like to
accept or whether it would like to um
[22:32] move to reject the one bid received.
>> Uh I don't know how the rest of you
[22:38] feel, but I'm personally of the mindset
that we should reject the bid. It's less
[22:41] than half of what we were
uh the property was appraised for. Uh
[22:47] and I see no harm in holding on to it
for a little bit longer if we feel in
[22:50] the future we can get a more
a bid that more accurately reflects what
[22:54] we were expecting the value of the
property to be.
[22:57] » So, I'll make the motion that we would
reject the bid.
[23:01] » All right. Any other comments from
council before
[23:04] uh
I take a second
[23:07] and open up to public.
>> I I agree with you.
[23:09] » Okay. Uh so, can I have a second on that
and then I'll open up to public comment?
[23:13] All right. So, I have a motion and a
second.
[23:15] Um
Would anybody care to make public
[23:17] comment? Mr. Buckley, I see your hand is
up.
[23:20] And this is regarding the sale of 209
Old Lincoln Highway. Okay?
[23:25] » Um
Don't take to change to figure it out.
[23:30] They want that property cheap and he's
going to end up building three or four
[23:33] houses along there.
But I
[23:36] you know. And
Well, we we only get one bid.
[23:42] I think we should increase it
to three bids
[23:45] before we even make a decision.
Because one bid, that's not it. You
[23:51] know, come on, let's be real.
And let these people cuz they pay taxes,
[23:56] we ain't getting nothing in return, but
our taxes are high. Thank you.
[24:01] » All right, thank you. And just for the
record, we would have accepted many,
[24:04] many bids. We would have preferred that.
We just happened to get only one. So, I
[24:07] think there's a little confusion around
how the process works.
[24:10] Uh would anyone else care to make public
comment regarding 209 Old Lincoln
[24:14] Highway? Ms. McShane?
[24:25] » Hello again. Stacey McShane Pettyjohn,
139 Church.
[24:29] Um this is mostly just say that I'm on
the record. I understand it sounds like
[24:33] you're leaning towards rejecting it. I
just have to go on the record with
[24:36] saying um that if you were voting to
accept the bid tonight, it does risk
[24:41] clouding the title
and could cause later result in the sale
[24:45] being unwound because of uh docket
number 202605649MJ,
[24:53] which is and also includes the motion
for the preliminary injunction. So
[24:58] again, I understand it sounds like
you're rejecting it. I just need to go
[25:02] on the record with saying that.
I also um
[25:07] think you should formally object to it
and I as a plaintiff formally object to
[25:11] any acceptance of the bid tonight. Thank
you.
[25:15] » Yeah, would you care to speak to that?
>> Uh well, so typically the borough
[25:19] doesn't make public comment on pending
litigation. Um
[25:25] I I guess what I would say is
uh
[25:29] if the council determines to reject the
bid this evening,
[25:33] then aside from the lack of merit that
the case has already, the case now would
[25:38] then be moot.
Um and then if council would decide to
[25:43] accept the bid,
then yeah, we would have to go uh to
[25:48] Judge Binder
on an emergency basis uh to address
[25:54] um
the alleged merits of the pending case.
[25:58] » All right, fair enough.
All right, would anyone else care to
[26:01] make public comment?
All right, so I have a motion second.
[26:04] All in favor to reject the bid uh for
209 Olding Highway.
[26:09] » I.
>> I.
[26:10] » All right, motion passes.
Uh next up uh
[26:14] uh to This would be a motion to
authorize this sending of our borough
[26:18] solicitor to the zoning hearing board on
Monday, August 24th. Um Scott, would you
[26:23] care to speak to this?
>> I will.
[26:25] » So uh briefly um
so the matter is uh involves the
[26:30] property at 117 123 Monument Avenue.
Um
[26:35] the borough zoning officer issued a
notice of violation on June 12th of 2026
[26:40] to the owner of that property
for violations of a series of um
[26:46] sections of the borough ordinance
related to uh providing off-street
[26:51] parking on the subject property for use
conducted on a separate property, for
[26:56] increasing the amount of impervious
coverage on the subject property, and
[27:00] some other, uh, violations. Uh, the
owner has filed an appeal to the zoning
[27:05] hearing board. That matter is now
scheduled for, um, Monday, August 24th.
[27:12] Um, so, for your purposes tonight, you
have to decide whether you want to send,
[27:18] uh, the solicitor,
likely me,
[27:21] um, to the hearing to represent the
borough,
[27:25] and to assist the zoning officer with
the presentation of the borough's case
[27:30] against the owner.
I note, so, this matter before the
[27:34] zoning hearing board is an appeal, and
since the borough issued the notice of
[27:39] violation,
um, the borough will have the initial
[27:43] burden of proof,
meaning the borough goes first.
[27:48] Um, it's not
where you have the landowner filing an
[27:52] application for a variance,
and then the landowner has the initial
[27:56] burden of proof, and it might, you know,
shift to an objector if they meet their
[27:59] burden. Um, so, [clears throat]
uh, that's kind of where we are. It's an
[28:04] enforcement action with an appeal.
Uh, we're not getting into the merits
[28:08] tonight. I'm certainly willing to field
questions to the extent I'm able, but
[28:13] what I'm not going to do is disclose my
legal
[28:17] theories,
um,
[28:20] because that happens Monday night.
And, you know, it's a strategy and
[28:25] mental impression thing.
Yeah, right.
[28:28] Um, in the past when, I mean, we've had
a few of these enforcement actions in
[28:33] the past, council has authorized to send
the solicitor.
[28:38] » All right, so, do we have any, uh,
comments or questions from council? I
[28:41] personally am in favor of sending
solicitor, uh, uh, on the borough's
[28:46] behalf in front of the zoning hearing
board.
[28:48] Uh, does anybody else have any comments
or thoughts?
[28:52] » I would agree with that.
>> Okay.
[28:54] Uh,
>> Well, I I would agree with it, too, but
[28:57] I'd like to hear from some of the
neighbors and how it's going to impact
[29:00] their lives. Hasn't been impacting them.
>> Agreed. And we have a number of
[29:04] individuals who signed up for public
comment. I'll probably make a
[29:08] take a motion a second and then I'll
open up for public comment if everyone's
[29:10] all right. So, with that, do I have a
motion?
[29:12] » I'll make a motion.
>> Do I hear a second? [clears throat]
[29:14] » Second.
>> All right. Let me go through
[29:17] the individuals who signed up to for
public comment and then for those who
[29:22] I'll open it up again for those who
haven't signed up. So,
[29:25] I'll start with Mr. Dave Burton.
Can I make public comment?
[29:31] Uh, just can you use the microphone so
that it gets picked up on the recording?
[29:40] » Hi, everyone.
Uh, Dave Burton, 19 Powhatan Avenue. Uh,
[29:43] we I'm here to and my wife, too, support
sending a solicitor
[29:48] for
fairly important situation with a
[29:52] residential property being basically
misused and abused in a commercial way.
[30:00] So,
that's all. Just send a solicitor.
[30:03] » Thank you.
Uh, next up,
[30:06] Mrs. Linda Burton.
Okay.
[30:09] For those who couldn't hear, she's in
agreement with her husband, for once,
[30:12] right?
Uh,
[30:15] Uh, next up, we have Dale Levin.
[30:25] » Good evening, everybody. Thank you for
obviously making this move quickly since
[30:29] last time I was here.
Um, obviously I want the solicitor there
[30:33] to represent the bureau and to take care
of this problem. Also,
[30:38] if you need anything from me and my wife
because we're the ones who get affected
[30:40] the most because we're right next door.
Uh we have lots of pictures of
[30:45] all the from the inception till now and
everything that took place over the last
[30:50] 18 months, 2 years that led up to this.
All right. Thanks, guys. Please send us
[30:54] a listener.
>> All right. Thank you.
[30:56] Uh next up, Kelly Levin.
[31:06] » I'm right next door to 117.
So, um
[31:11] I see exactly what's going on there. I'd
like to thank everybody for giving me
[31:15] the chance to speak tonight. And um this
is about again, the uh solicitor being
[31:22] able being approved so that he can come
and represent the bureau. Um council
[31:27] should authorize the bureau solicitor to
attend and present on behalf of the
[31:30] bureau and zoning officer.
The bureau needs legal counsel to
[31:34] present.
It just wouldn't be fair or balanced for
[31:39] the bureau's position to go undefended
when legal claims are being made against
[31:43] the zoning officer's determination. The
solicitor can help ensure that the
[31:47] bureau's zoning laws are accurately
explained and that the board that the
[31:52] board has a complete legal record before
making a decision.
[31:58] Malvern zoning laws exist to protect
residential neighborhoods, green space,
[32:02] quality of life,
and fairness for all property owners.
[32:07] When violations are challenged, the
bureau should not leave residents to
[32:10] defend the public interest on their own.
A minimal fine should not become an
[32:15] acceptable cost of doing business if the
result is long-term harm to the
[32:20] neighbors and to the neighborhood.
This is what has impacted our
[32:24] neighborhood.
The green space that once contributed to
[32:30] the beauty and the character of our
neighborhood
[32:33] has been removed and replaced by a
parking lot.
[32:38] Residents now see a parking lot and the
Liberty gas station sign instead of the
[32:42] former green buffer.
The increased noise from trucks and cars
[32:46] coming and going, bright headlights,
vehicle traffic, and business activity
[32:51] now occur on this residential property 7
days a week, 24 hours a day.
[32:58] Multiple businesses operate their
vehicles from this site, creating
[33:02] constant noise, disruption, and
environmental concerns, including
[33:07] landscaping chemicals,
oil and gasoline spills
[33:12] that harmed the land.
I have photographs of all of that.
[33:18] Our quality of life in Malvern's small
town residential neighborhood is being
[33:22] taken from us by a landlord's greed to
profit, collecting parking fees by
[33:28] creating a backyard parking lot
for 17 to 24 vehicles that shouldn't be
[33:34] there in the first place.
Both sides should be properly
[33:40] represented.
Okay, everybody has the right to bring
[33:44] their attorney and present their claims,
and the bureau should have counsel
[33:48] present to explain and defend the zoning
officer's position.
[33:53] This is not about preventing a property
owner from being heard, it's about
[33:57] ensuring that the bureau, its laws, and
residents are heard, too.
[34:01] Please approve the borough solicitor's
attendance at the 20 at the August 24th
[34:06] hearing. The borough solicitor must be
there to present on behalf of the zoning
[34:11] officer and to present
and to protect the citizens of Malvern.
[34:17] Malvern's zoning laws should mean
something.
[34:19] » Thank you, ma'am. We do have a 3-minute
limit, but I think we understand
[34:24] Okay, one
>> 1 minute 6 seconds. Residents should not
[34:27] have to lose green space, peace, and
quality of life because violations are
[34:32] treated as a small price to pay. Thank
you.
[34:35] » Thank you for your comment. Uh and then
Jack Weikert.
[34:41] » [laughter]
>> I thank you for being here. Thank you
[34:43] for listening. I live at 137 Monument
Avenue on the
[34:47] left-hand side if you're facing that
property 117-123. I'm on the left-hand
[34:51] side.
So I'm directly affected as well and I'm
[34:54] just I would request that you please
send the solicitor. I think
[34:57] that would be in the best interest of
everybody and I appreciate your time.
[35:00] Thanks.
>> All right. Thank you.
[35:02] That
is everyone who signed up on the list.
[35:05] Do we have anybody who would like to
make public comment who didn't sign up?
[35:10] No. All right. So we have a motion and a
second. All in favor?
[35:13] » All in favor.
>> Aye.
[35:13] » Any opposed? All right. Motion passes.
Next up,
[35:18] do I have a motion to accept the
recommendation of the Malvern Public
[35:21] Library Board of Trustees to appoint
Caitlyn O'Donnell to a full term
[35:27] of the Malvern Library Board.
>> So move.
[35:30] » Second.
>> Second. Any comments from council?
[35:34] Um
All right. With that,
[35:37] um
Do I have a Did I say We have motion
[35:39] second. All in favor?
>> Aye.
[35:41] » Aye. All right. Motion passes.
Congratulations.
[35:45] » [clears throat]
[35:48] » I
Next up, do I have a motion to approve
[35:52] resolution number 899 authorizing the
sale of a 2016 Ford F-550 to the highest
[35:57] bidder Jason Ron. Uh
Scott, do you want to weigh in on this?
[36:01] » So I would just say Mr. President at the
last meeting when we didn't have a
[36:05] quorum we we did discuss this
resolution.
[36:09] The winning bid after a month's worth of
bids was $32,000.
[36:14] I think it started at four grand and
there were I I think I said last meeting
[36:20] like 60 bids. So it was pretty active.
Um anyway, so So the background and and
[36:27] that is the uh winning bidder.
>> All right, with that do I have a motion
[36:32] to approve resolution number 899
authorizing the sale of the Ford F-550?
[36:39] » I'll move.
>> All in favor?
[36:41] » I.
>> All right, motion passes. Uh next up do
[36:44] I have a motion to authorize the
advertisement of ordinance number
[36:47] 2026-04,
the food truck regulations at for
[36:51] approval at the September 15th Council
meeting?
[36:55] » Uh Scott, do you want to talk to this as
well?
[36:56] » very briefly. So at the uh I think it
was the June workshop um we discussed
[37:02] the draft ordinance that was before
Council at that time. There were um two
[37:07] primary revisions that were requested.
Um the revisions were to allow
[37:15] uh food trucks
in the residential zoning district for
[37:21] special events like PorchFest.
>> Mhm.
[37:23] » So that has [clears throat] been added
to subsection
[37:26] 125-4
eight.
[37:30] Uh and then as with regard to roving
food trucks
[37:35] we inserted a provision that permits
roving food trucks to rove through the
[37:41] various districts um but that it's
they're still bound by the provisions
[37:47] except for uh certain delineated
subsections which deal with a diagram of
[37:53] your location and um
permission from the owner because
[37:58] they're not applicable because Mr.
Softee drives wherever he wants to go.
[38:02] » Yeah, this was all about Mr. Softee, so.
>> All right, uh
[38:07] so any comments from Council? I think
I'm in favor of these revisions.
[38:10] » Are are all these food trucks still
required to get
[38:15] permits and show their clearances like
Mr. Softee should have clearances, those
[38:20] kind of things? Okay.
>> Yes.
[38:23] » All right, with that, uh, do I have a
motion?
[38:28] » So moved.
>> Do I have a second?
[38:30] All in favor?
>> Aye.
[38:32] » All right, motion passes. Uh, there's no
new business tonight. Do I have a motion
[38:35] to adjourn?
>> So moved.
[38:37] » Do I have a second?
>> Second.
[38:39] » All in favor?
>> Aye.
[38:40] » Aye.
>> All right, everybody, thanks for coming
[38:42] out. Enjoy the rest of your evening.
[39:06] » Thank you.
Thank you.
[39:11] » You'll be old.
[39:20] » It's like this newer.
>> Yeah.
[39:43] » That one gets
>> They're on September 15th.