[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.

Malvern Borough Council Meeting - August 18, 2026

Transcript