[0:19] She starts [0:28] down. [0:32] Okay. Good evening everybody. Welcome to the West Ocean Township Board of [0:35] Supervisors meeting for September the 1. To start the meeting, will you please [0:39] stand and join me in the pledge of allegiance [0:46] to the flag of the United States of America and to the stands one [0:55] indivisible and justice for all. [1:01] Thank you. Please be aware this meeting is being live streamed on the township [1:05] YouTube channel and that uh the meeting may also be audio or video recorded by [1:11] parties present in the room. Our first item of business is public comment. Is [1:16] there anyone here who has a comment or a question about something that is not on [1:21] the agenda this evening? Yes, ma'am. [1:28] This is my fellow. >> Yes. [1:40] [clears throat] >> Thank you. My name is Suzanne Harkkins. [1:43] Um before spontaneously, I want to say how lovely it is to see the art exhibit [1:48] out uh in the foyer. My grandmother entered one of those a number of years [1:52] ago and it was really special for her. So um they're just wonderful. The courts [1:55] are and the paintings are amazing. So, uh, well done. Um, so first off, I want [2:01] to say that it seems like a lot of hard work to run the township. Uh, and thank [2:06] you for that work. My comment today relates to the proposed zoning ordinance [2:11] update. So, it's a really dense 205page document essentially sets out the vision [2:16] for the township's future and what is permitted and what is not permitted. Its [2:22] subjects are wide ranging, but my focus here today is really the R1 and R2 [2:27] residential zones, the declared purposes and intent for them and the permitted [2:31] their proposed permitted uses within them. So the bottom line is as written [2:37] now I I don't support the proposed uh purposes and intents and nor their [2:43] permitted uses as written. uh and why so some extracts I'm condensing this for [2:48] speed but obviously see the document for the full text page two in the community [2:53] development objectives contains phrases like protecting the health and general [2:57] welfare of Wisconsin residents the compatible compatible balance of [3:01] residential commercial and industrial areas also accommodating reasonable [3:06] overall community growth including preventing excessive concentration of [3:10] public uh population now seeing cut to the lived experience [3:15] of West Scotian residents and taxpayers. Now, uh what I consistently hear from [3:20] people is that there is already too much traffic. Uh the continuous development [3:24] is really reducing the quality of life in the township and putting pressure on [3:28] the township's roads and on other infrastructure. I also hear people [3:32] consistently talk about how much they value the West Ocean's nature and [3:35] wildlife. So, it was a surprise to read section [3:40] 84.6, Six, the statement of purposes and intent for zoning districts. The R1 [3:46] district, which is uh on the map, it looks like it's about 10% in that north [3:49] part above the burrow, which is uh 2B predominantly single family detached [3:55] residential dwellings as well as other moderately dense housing types. [4:00] R2 which is looks to be about 50 plus% of the township. The intent for the [4:05] district is to accommodate the expansion of suburban development in those areas [4:10] best suited for medium density residential development. And I I think [4:15] it's important to note the contrast from R1 which is the intent is predominantly [4:20] single family detached dwellings which implies that R2 might not be. This reads [4:25] like a green light for dense property development. It gets worse in sections [4:31] 84.14 and 84.16 where the permitted uses in [4:35] both R1 and R2 includes a range of resident types, everything from town [4:40] houses to multif family dwellings and more. Uh please see the the documents [4:45] themselves. But in other words, the current zoning protections that limit [4:50] development to detached single family dwellings for the majority of [4:54] residential ocean, which looks like in the map eyeballing about 60% are [4:58] removed. The proposed changes will alter the fundamental character of the [5:03] township and over time Chris at the risk create at the risk of being a little bit [5:08] dramatic, but I think the imagery is important here, a wild west go property [5:12] development bonanza because people can do essentially open up these single [5:16] family dwellings to so many different other types from corporations or private [5:20] owners. In conclusion, I generally recognize [5:25] that updating the ordinances is a very hard task and so is evaluating them. For [5:31] clarity, I do want the zoning to remain as single family, detached residence, [5:36] dwellings only for R1 and R2. Most people don't know that this [5:42] comprehensive rewrite is happening. I hope we can find a better way forward [5:46] for West Ocean than these R1 and R2 ordinances as currently written. one [5:50] that protects it from excessive development and protects the nature in [5:54] the township. And if I can be of assistance in helping to find that way, [5:58] I am willing. So, thank you. >> Thank you, Suzanne. I appreciate your [6:03] comments. Um, Chris, just remind the board where we are in the process of [6:08] review and adoption of the new ordinance. [6:11] » Um, so we received comments back from the Chester County Planning Commission. [6:15] Those comments were uh reviewed at the August 18th board meeting. Generally [6:19] speaking, the county planning commission supported the work that was done by the [6:24] township um in compliance with the township with the county's comprehensive [6:28] plan. Um we are making uh change we're making the requested changes from the [6:34] board in alliance with the comments that were received. Um and then those will go [6:39] back to the county for their review as well as our planning commission for for [6:44] their review. But it is just to address the comments that were from the county [6:47] planning commission and the updates that are made in accordance with those [6:50] comments. And then it'll be advertis. It's been advertise on the township [6:54] website for two months I want to say since about the [6:59] end of June, beginning of July. And we've been running articles in the [7:02] township newsletter every month since in July and August. Um so it'll be [7:07] advertised for a public hearing once the once the next round of review comments [7:11] come back. >> Okay. And there were you comments that [7:15] the discussion on August 18th mainly centered around the data center [7:18] language. Correct. >> Correct. [7:21] » And I'll just note that we held a joint public meeting with the planning [7:26] commission and the board of supervisors back in January that was publicly [7:29] advertised. Um we've held we've held discussions with both the board of [7:34] supervisors as well as the land planning committee. All those meetings have been [7:37] publicly advertised. Um so there has been opportunity for input along during [7:42] this process. >> Yeah, I mean your comment's a fair one. [7:46] Um I think we have to balance kind of expectations [clears throat] people have [7:51] about the fact that there is not enough housing in this country and that we have [7:55] a developed uh area here suburban development that can uh we have seen [8:00] infill developments mainly of single family homes. Most of our multif family [8:06] construction in the last seven years that I've been on the board has been [8:09] along the main corridors like uh the point and luxur I don't know what it's [8:15] called now. And then uh we've had a couple of other uh additional type of uh [8:23] like the the quality is being redeveloped into a assisted living [8:28] facility. They've all tended to be where we've had dens denser development along [8:33] the main corridors. Um I think in R1 and R2 lot sizes are going to limit the [8:41] ability for anyone to come in and put substantial development in unless they [8:45] acquire several lots. Um so I think again in my perspective it is a balance [8:51] between allowing people to exercise their private property rights for infill [8:56] development while still maintaining reasonable zoning with respect to uh [9:03] what can be done on an individual lot for the the residential zones that we [9:07] have. Anyone else want to add to that? Well, just just to kind of build on [9:11] that, we did do a um what I'll call like a vacant land or build out analysis as [9:16] part of this process. And the ultimate determination of this was that the [9:20] township is very nearly built out. After Graceman is completed, there are [9:26] not many parcels for large scale development. [9:32] » And I suppose the question uh is is that a bad thing? Again, going back to I I [9:38] take the point about uh housing need in the country, but this is really about [9:43] West Scotian residents and taxpayers and the taxes that they pay and the desire [9:47] to reflecting those. I did watch the January presentation. I was not in [9:53] attendance. I did watch the video and I noted there was a question about well [9:57] could someone just rip down a house and build uh multif family or you know build [10:02] multiple dwellings on it and the answer from JD was yes they could do that. It [10:06] opens the door for property developers and I did have the sense that um it was [10:13] written from the perspective of property developers not really to provide housing [10:19] in America for the unhoused. So with that in mind, I respectfully disagree [10:26] and still maintain my point. And I think the there I think there is a [10:30] fitforpurpose issue that's broader than just this. And I 100% trust that [10:36] emphatically that the proper process of uh advertising and holding meetings has [10:42] been undertaken. I have absolutely no question about that. But I think there's [10:46] a fit for purpose issue because it was sad to see at the last meeting that [10:50] there were four people at the end of the meeting. That's not a lot of civic [10:52] engagement. It's I don't think people know, nobody I have spoken to about [10:58] this, other residents have known that this ordinance was going and reading a [11:02] very dense 205 page document, it's very difficult for members of the public to [11:08] be able to do that comprehensively and uh effectively. So that's a a broader [11:14] issue, but I think a very relevant one here. And I will maintain that I do not [11:19] believe that residents want that widened zoning for different residential house [11:24] types. >> Okay. [11:26] » Absolutely not. >> Okay. Thank you. [11:28] » Thank you. >> Is anyone else with a public comment? [11:31] » Yes, ma'am. >> Um, am I allowed to give a public [11:34] comment if I'm not a Scotian resident? >> You are. You may be limited the amount [11:39] of time depending on what your subject is. If you just at least state your name [11:42] and where you do live, please. >> Good evening. Um, my name is Carrie [11:46] Rosscamp. I live in Thornbury Township, 227 St. Hill Lane, Westchester. And, uh, [11:52] it's great to be here. The reason I'm here tonight is to introduce, if you [11:55] haven't heard about it, a greenway that's being proposed that kind of [11:59] dovetales into the interest in recreation and nature and preservation [12:02] of land. It would be a rail with trail plan in the SEPTA corridor. Um, Chris [12:08] has been copied on this a couple of times. It would begin on Market Street [12:13] of Westchester Burrow and extend all the way down to the Wawa station on route [12:18] one be a 9.29 mile trail and West Ocean would be one of the municipalities [12:23] adjacent to the septic corridor. So it would cross through two counties and [12:27] seven municipalities and affect probably close to 100,000 local residents not [12:33] counting students at Westchester University and Shane University. Um by [12:37] our estimate it would connect uh high schools, elementary schools, YMCA's [12:43] parks um etc etc in addition to the two [12:47] universities um the major railroad station on on [12:52] route one and then of course the burrow which is a huge um you know area for [12:56] entertainment, restaurants, etc. Um, I just wanted to invite you if you'd like [13:03] to get a full presentation, I'd be happy to come back and do that. But to alert [13:07] you to the fact that today we met with John O'Brien, who's of the Westchester [13:10] Business Improvement District, and he has agreed to apply for a um, [13:16] feasibility study application on our behalf through the local share account, [13:20] which is a pool of money that's set aside from gaming revenue. the projects [13:25] can max out at $1 million a piece and they're no grant, meaning if that grant [13:31] is approved, there's no cost to the m municipalities [13:35] um to, you know, help fund a feasibility study. Um anyway, that's that's it in a [13:41] nutshell. I'd be happy to come back some other time and provide maps and more [13:44] information, but at some point, uh Chris will be the contact person to be [13:50] notified. Um each of the township managers will be invited to contribute a [13:56] letter of support for the project. Um I think it would be a tremendous long-term [14:02] um enhancement of recreation and um transportation opportunities for the [14:07] municipalities. In in other words, this is akin in my [14:11] mind to the Chester Valley Trail where maybe there was some opposition at first [14:15] because of property values or theft or crime rates going up and then as it was [14:20] put into place an ADA accessible trail that you could use for strollers and [14:26] wheelchairs and biking and cycling and dog walking. It was embraced by the [14:30] community and um you know has been a tremendous success and has increased [14:36] property values and is being extended as far as I know out to Downington. Now, um [14:41] the southern end of our trail, coincidentally passing through Delco [14:44] County, was written into the Delco Planning Commission trail map system [14:48] years ago and was intended to be a an extension of the Chester Creek Trail, [14:54] which as you know is being built um with their northern terminus at the Wawa [14:59] Station. Um and also just one final note is this trail would dovetail in addition [15:04] to the railroad station at Wawa. Uh it would meet up with two other trails in [15:10] the um circuit trail network. The Octa Railroad Trail, which is I believe an [15:14] eight mile trail, which will go east west along par one and um like I said [15:19] the west the Chester Creek Trail which will eventually will go down to the [15:23] Delaware River. So it's it it will be just an enormous point of connection [15:28] north to south um for all our municipalities of not just Westchester [15:33] Burough, West Ocean, Thornbury, Chesco, Westtown, Thornbury, Delo, Middletown, [15:37] Winchester Heights. >> Okay, thank you. [15:40] » Quick question. Is is the property all owned by SE? [15:44] » Yes, but it's leased to the burrow. The burrow leases that and it's subleasased [15:48] to the railroad company that operates their passenger railroad. [15:51] » Yes, it's >> first I'm hearing of and I don't think [15:54] the burrow understands >> what's happening. [15:57] » It's leased to it's accepted land leased to the burrow subleased to the I don't [16:02] remember the name of the sub but they operate I think it's called core states [16:05] LLC or something like that. So >> okay [16:07] » it's being used as a real and sept is not real easy to work with. We we we [16:12] already have we already have had multiple discussions with SEPTA. They do [16:19] approve of this project. I know there are some attempts to restore passenger [16:23] rail on a section of the rail which is currently operating only a historic [16:28] train at a very low speed. Um this trail would in no way conflict. In fact, it's [16:35] almost like a symbiotic relationship like this hike belly gorge where they [16:39] have historic train and a bike trail. That's what the vision is. Um the most [16:44] of the corridor there is almost a football fieldwide. I know the grade [16:48] changes at points and so it's hard to imagine another trail going in but it is [16:53] a very large corridor. Do you know what the total cost proposed total cost is [16:58] after the feasibility study is completed and also where the money will come from [17:03] to implement that? >> At this point I would say the [17:07] feasibility study is a a high quality feasibility study is purposefully [17:13] intended to answer all the questions about cost, trail access, parking, [17:19] maintenance, ownership, etc., etc. Um, I know on the Chester Creek trail side, it [17:26] was a friends group that got that trail started. Um, three miles have been built [17:31] of the 5 miles plant and it took them 20 years and that ownership of that piece [17:36] of land has gone over to Delaware County, but the friends group got it [17:40] started and it was painfully slow and uh, we hope we're not at that pace [17:44] because some of the original members of that group died before the shovels hit [17:48] the ground and that trail has been a phenomenal success. They're currently [17:51] redoing their parking lots to accommodate all the people that want to [17:55] um you know go on it now. Yeah. So yeah, I'm happy [18:01] to give a more full presentation another time. [18:03] » So just up there you just informing the board that you're going to be looking [18:05] for a supporting letter for this LSA grant application. Correct. [18:10] » Yes. I it's like mainly information. I'm happy to follow through with anybody [18:14] individual, but we are well aware that SEPTA is the owner. Westchester Burrow [18:18] is leasing it. They sublease a portion of it. We we know that. We've worked [18:22] with the railroad people. >> Subleas the entire right ofway from the [18:25] burrow station to Guawa. >> They they do they don't actively put [18:29] their train on more than the first 5 miles of it, but I think they [18:32] occasionally run a car or something there. But yes, no, we're we're we're [18:36] well aware of that. We have very detailed maps. We're working with people [18:39] like John Randolph on the Skookul River Trail and Ray UT who's been developing a [18:43] lot of trails in the county area here. Um, and like I said, people on the [18:47] Westchester Chester Creek Trail side. So, we're [18:51] we're we're very closely um, you know, related to people on [18:57] Pennsylvania environmental council and DBRPC and a [19:01] lot of other people who advised this on trail development. [19:04] » Okay. Well, thank you. >> Yeah. Thank you. [19:06] » Is there anyone else for the public comment this evening? [19:10] Okay. Okay, then we'll move on to the next agenda item, which is agenda item [19:15] number four, discussion and possible approval of an Eagle Scout project for [19:20] Walter Conrad to install a Gaga ball pit at Cooper Smith Park. Chris will [19:26] introduce that and Walter's going to come up to the microphone. Thank you. [19:29] Welcome, >> Mr. Chairman. For the board this evening [19:32] is a proposed Eagle Scout project for Walter Conrad. Mr. Conrad is proposing [19:37] to install a Gaga pit in Cooper Smith Park. Uh the proposed project was [19:41] reviewed by the park and recreation board at their meeting on August 19th [19:44] [clears throat] uh where it was unanimously recommended [19:47] for approval. Um prior to the presentation by the park and recreation [19:51] board, the the proposed project was reviewed by the township's park and [19:54] recreation director uh Kenneth Leer who is here this evening as well as the [19:59] public works department who are also supportive of the installation. Um and [20:04] Mr. Conrad has provided a brief presentation [clears throat] [20:07] uh providing an overview of his project. One minute to bring that up [20:13] and I will turn it over to him. So Walter just tell me when to change [20:16] slides. >> Thank you. Hi, my name is Walter Conrad. [20:19] I'm a candidate for Eagle Scout with Troop 7 in Melvin, Pennsylvania. I very [20:24] much enjoy playing Gaga ball which is a game like dodgeball but the you hit the [20:28] ball with your hand and I believe the youth attending West Gian day camp and [20:33] Cooper Smith Park as well as the kids in the surrounding neighborhood should have [20:36] a new permanent Gaga ball pit. I'm seeking approval from the West Ocean [20:42] Township Board for my Eagle Scout project which is building a Gaga ball [20:45] pit at Cooper Smith Park. My trip has experienced youth have already created [20:49] Gaga ball pits for other schools such as St. Norberts and we are prepared to fund [20:55] and build the Gugup ball pit for Cooper Smith Park. I personally have built [20:58] furniture and I'm prepared to lead this project to benefit the youth around [21:02] Cooper Smith Park. Next, [21:07] I propose building a permanent Gaga ball pit at Cooper Smith Park to replace the [21:11] inflatable one that the township currently uses. The Gaga ball pit will [21:16] be an octagon. It will have 8 ft long sides and 30 in will be 30 in high. It [21:22] will be approximately 20 ft across. But next [21:28] I will be uh it will be an octagon with 8 ft long blue sides and ADA door, [21:34] rubber flooring with holes for drainage and a notch to get in easier and dark [21:38] blue corners hinges. The the sample up here with the red hinges, it would be [21:43] that but with the blue hinges on the right. [21:48] Next, who will pay? Donations will be [21:51] forthcoming from friends in the scouting community, family, and I would accept [21:56] donations from for the project from anyone here. [22:02] Official what or what I need? Official approval from the West Scotian Township [22:07] Board, the Chester County Council, um, and the location of where the donors [22:12] have unofficially lined up can send their donations. a mailing address for [22:16] the donations via check, cash, and if possible, a place for credit card [22:20] donations. The company Coach Cliff Gaga Ball Pits will require full payment in [22:25] order to ship the materials. I complete uh a completed Pennsylvania sales tax um [22:32] exemption form, a total amount of $8,329. [22:37] If the PA sales and tax exempt form and 501c number is provided, the amount [22:43] would be 4 71 less. Next, [22:48] when this when will this be completed? I would love to get this built by [22:53] November. My project is pending West Ocean Township approval, Chester County [22:57] Council approval, and arrival of the full amount of funding, full payment to [23:02] the supplier, and availability of materials, shipment to West Ocean and [23:06] weather. Do you guys have any questions? >> Thank you, Walter. Very good. Um, so let [23:13] me see. Does the board have any questions for Walter about this project? [23:17] » Sure, Walter. So, is this like the standard size for a Gaga ball pit? [23:22] » Um, this is a pretty standard size. This one will be a little bit bigger though. [23:26] That way we can accommodate for more people [23:29] » and like will camp kids be playing in it, things like that. [23:33] » Yeah, currently the the Cooper Smith Parks day camp uses inflatable Gaga ball [23:38] pit. So, this would replace that. And if any of those kids want to do it on their [23:43] free time, they'll be able to do that. >> That's great. Thank you. [23:46] » So, would it be in the exact same place is where the inflatable one is put up or [23:50] do you have a different location in mind? [23:52] » Uh, it is planned to be built at the exact same place where the current one [23:57] is, the inflatable one. >> And it would be um it would be [24:02] permanent. It would be there all year round available for everyone. [24:04] » Yes, it would be permanent. >> Okay. And what kind of maintenance is [24:07] required for it? Um, I can't think of any maintenance because [24:13] the mats would like probably make sure or would make sure that the grass or [24:17] anything would not go through and we're using composite lumber, so it's like [24:21] plastic, so it should last like 40ome years. [24:24] » Okay. Anyone else with a question? >> Uh, yeah. Is the inflatable the same the [24:28] current inflatable the same size as the one that you're proposing? Uh, it's [24:32] about the same size, but apparently the uh the staff at the day camp have to [24:39] bring out the inflatable every single day and they have to take it home every [24:42] single night. So, it' be saving them some time. [24:44] » Okay. Thank you. >> Thank you. [24:48] » Have you started receiving donations yet? [24:50] » Uh, I'm not allowed to receive donations yet till I get approval from the West [24:54] Coast Township. >> I have a question for Chris. Chester [24:58] County counts. Chester County, we talking about their approval would be [25:02] needed for this. Walter seems to think so. [25:04] » Yeah, that's that's where I was a little bit confused. [25:08] » I need >> Yeah, I need my Boy Scout council's [25:10] approval. >> Got it. Thank you. And then um so I got [25:15] a little bit of sticker shock when I saw how much money you needed to raise. And [25:18] I before this meeting, I did a quick Google look as to what Gaga pits might [25:23] cost. I don't think the ones I looked at were as good as and nice as what you [25:28] showed here today, but they were substantially cheaper. So, I wondered if [25:32] you'd done any evaluation yet on how to get the price a little lower for just so [25:36] you can make it easier on yourself to raise the the money that you need. [25:41] Um, these ones are like the best ones that [25:45] they have out there and a lot of the cost is just coming from the like the [25:51] composite lumber, but that's makes it sure that it will last for a very long [25:56] time, not have to be replaced. >> Okay. So, two other questions maybe for [26:00] Chris, I think. So, typically we do not like to be the recipient of fundraising [26:06] here at the township. So unfortunately on that Walter, we would look to the Boy [26:11] Scouts to be the ones managing the collection of the donations. We don't [26:16] like to have the situation where we have staff at the township receiving money [26:20] and making sure it's kept separate from our accounts and everything else. So [26:25] it's best, I think, would you agree, Chris, that the Boy Scouts manage the [26:29] process of your fundraising? >> And then secondly, one question I do [26:34] have though is maybe to help try to lower the cost. I asked Ken this earlier [26:38] is is if the township was once you raised the money, if the township was to [26:43] procure this through our co-stars um type pricing, would we get a better [26:48] price than has been quoted to to Walter? What do you think? [26:53] » We can look into that >> because then we could purchase it and [26:56] you would just reimburse the township for it. We could certainly go out and [27:00] get a competitive price for you against what you've been quoted from so far and [27:04] see if we can get a lower a lower price >> for the same design that you want. [27:10] » Oh, >> you [clears throat] have to give us the [27:12] specifications for exactly what you wanted and what you can quote it and [27:15] then we can see if we can get a better price. [27:17] » All right, I can do that. Uh, >> and then Boy Scouts need to we need to [27:24] fund raise the money and just hand it over to you guys then. But you would [27:27] fund raise the money and then if you if we don't get a better price, you would [27:31] purchase the uh equipment yourself and then we would just lay with you for the [27:35] installation. >> If we can get a better price, it has to [27:38] be procured it through a municipal uh purchase order. Then we would purchase [27:44] it and you would reimburse us from what you fund raise for the for the amount. [27:48] » Uh >> but we'll get you the price that we can [27:51] get it for and see if it's better than what you've already got. Does that sound [27:54] reasonable? >> That sounds reasonable. There are two [27:56] generally two companies that we've utilized through co-stars. Um, General [28:00] Recreation, they provided the quote for the splash pad. They also did the skate [28:04] park project and um, Boyce Recreation. Um, they're doing the playground change [28:10] out at South Conquered Crest Park. So, we can look for both of them, [28:13] » but we won't compromise your design. You tell us exactly what it is you're [28:17] looking for in terms of the design, the quality if you want, and we will make [28:20] sure we get pricing for the equivalent design for you. Okay. [28:25] » Okay. >> Any other questions for Walter? [28:28] » Ken has a question. >> Ken, [28:30] » just to clarify, um Walter did indicate at the park and recreation board meeting [28:35] that for scout projects, they typically team up with a 501c3 organization to [28:40] take care of the fundraising and the the payment distributions. Uh at that [28:45] meeting where Jerry Napichek and Susan Batton representing the friends of West [28:49] Ocean Parks and they did agree that the friends of West Ocean Parks would [28:53] partner. So it would not be a township. >> Okay. Well, that's the solution to that [28:57] then, right? I believe. Yeah. Chris, you would be okay with that, right? [29:02] » Independent. Yep. >> They're an independent 501c3. [29:05] » Okay. Is there anyone here in attendance who has a question for Walter's project? [29:11] » Yes, Suzanne. >> Uh, so I love games. I've never heard of [29:15] that. So, I was wondering how you can help others in the community to learn [29:19] what it is and how to play so that the community can make the most of it. So, [29:23] with the Gaga ball pit we currently have, it will have a little tiny sign on [29:27] site to show you all the rules so people can learn how to play and if they [29:30] already know how to play, they can get a refresher. [29:36] » Great answer. >> Yeah. Yeah. [29:38] » Anyone else with a question? Well, thank you. Fabulous presentation. [29:42] We look forward to working with you and trying to make this happen as soon as we [29:45] can. >> Mr. Chairman, I I think there should be [29:47] a vote to approve the the installation. >> Sounds good. All right. So, as a board [29:52] member, I will want to make a motion to approve the uh installation of a gargle [29:58] pit at Cooper Smith Park as part of the Boy Scouts project for Walter Conrad. [30:03] » Second. >> Okay, so Nate's made the motion and Tina [30:06] is second. Is there any public comment or questions about the motion? [30:10] Okay, then we'll take a vote. All in favor say I. I. Is there anyone opposed? [30:15] [clears throat] >> Hearing none, the motion passes 40. [30:18] Thank you, Walter. >> Thank you very much. You're welcome to [30:21] stay. [applause] [30:25] You're welcome to stay and enjoy the rest of the meeting. Or if you've got [30:28] other things you'd rather be doing, no problem. [laughter] [30:32] » Walter, do you need Do you need a letter from me confirming the board's approval? [30:36] » Um, >> so I can get you that tomorrow. It's not [30:38] a problem. >> I need to get something signed from [30:41] Eagle Scout papers. >> Okay. Yeah, just send me send me [30:43] whatever you need signed and I'll take care of it for you. [30:46] » Thank you very much. Very good. So, we'll move on to agenda [30:52] item number five. Discussion and possible approval of a request from [30:56] Westchester University for use of fireworks firework displays during home [31:01] football games on September the 12th and October the 17th, 2026. [31:06] Chris, >> Mr. Chairman, before the board this [31:09] evening is a request from Westchester University to open fireworks displays [31:13] during their home football games on September 12th and October 17th. We have [31:18] representatives from the university here this evening to discuss this and answer [31:21] any questions that the board may have. Um the university is following the same [31:25] procedures for this display as were outlined for the RAM rally that was [31:28] approved on July 21st. Um it's my understanding that these will this these [31:34] events will be smaller and shorter displays than what was done for the RAM [31:38] rally. Additionally, the university has secured agreements with Good Fellowship [31:42] Ambulance Company for coverage and provided a diagram of the location to be [31:45] utilized. Uh they've also submitted a special event submitted special event [31:49] permit application to the township and I've spoken with our fire marshal Mike [31:53] McCarthy who advised that um that provided they are following the same [31:57] procedures as the ram rally he does not have any concerns with this event. So [32:02] I'll bring up the information that they provided. [32:21] So this is where the uh where everything will be launched from. Um generally it's [32:28] the same exact location as was approved for the RAM rally back in July that was [32:32] held in August. >> Thank you Chris. Welcome Julianne. I'm [32:38] sorry. >> My name is Kim Farah. [32:40] » Nice nice to meet you. Thank you for being here. Does the board have any [32:43] questions for Julio Kim? >> Yeah. So, I mean, it seems like you guys [32:47] come before us a lot to ask for permission for sort of the same thing. [32:51] I'm just wondering if there's a requirement that we have to approve [32:55] every one of these individually if we can have some understanding that, you [32:59] know, certain times of the year they'll be doing fireworks displays like home [33:03] games or during homecoming. Or how does the board feel about that? And do we [33:07] have to evaluate these every time they come to us? Because I don't see anything [33:11] really changing. >> There is nothing required in terms of [33:16] board approval. It's just been past practice. So if the board would like to [33:20] change that as a policy direction, that is certainly within the board's ballot. [33:23] » I would be okay with that as long as the none of the conditions or terms or [33:28] requirements within that don't change. But if they do for whatever reason, [33:33] maybe you want bigger display or something, then I think approval should [33:37] come back >> and give it for our fire marshall and [33:40] everybody else that needs to go through. >> Other than that, I I think we can [33:43] standardize it. >> Yeah, there's some sort of agreement [33:45] maybe that we can draft that we can kind of come to an agreement. Yeah. As long [33:49] as it's, you know, to certain conditions, certain times of year, that [33:54] way we don't have to keep bringing you guys out here. as much as we love to see [33:57] him. [laughter] >> Was [34:01] this a recent decision to add these two? Because obviously you could have [34:04] requested it when you came for the original [34:07] » uh you know um is having I'm the director of student [34:11] engagement. So um the university is having a bigger push for our home [34:15] football games to increase engagement both from the community as well as our [34:19] current students. Um and so last year we built them up a little bit by adding [34:23] some more events for students. We also have a kids zone at every home football [34:27] game for community members. And so this year to just make it a little bit [34:31] bigger, we were just hoping to have fireworks to conclude our first home [34:35] game um as well as the last home game um that's at nighttime because the [34:40] university moved our home games um except for homecoming and family weekend [34:44] to be at 6 p.m. to hopefully have some more engagement um from students in the [34:49] community. So it's also different because it's a nighttime game. [34:55] So to your point I think in other words this is actually smaller in terms of the [34:59] display the phone games >> um versus the RAM route or the the [35:03] welcome you want to be initially. So I think to your as long as those [35:07] parameters like maximum up or something like that seems [35:11] » just wondering approximately what time would the fireworks go off. So, I talked [35:16] to um Terry Bey, who's the athletics director, and he said probably around [35:20] 900 p.m. Um, and it would only be for 8 minutes. Okay. [35:24] » And the community is welcome to attend the game and view the fireworks as well. [35:28] » Is there any notification I'm sorry, is there any notification that you're [35:32] required to do to the nearby residents and all? [35:35] » No, but for best practice, we sometimes put up like yard signs and things in the [35:40] entrances of the neighborhood. Um, we also monitor social media and I will say [35:44] for REM rally in some of the Facebook groups, people seem very informed about [35:48] what was happening. You know, people were saying, "What are the fireworks?" [35:50] And and people were saying, "Oh, they're to welcome the new students at the [35:53] stadium." So, I feel like people seemed to know um especially cuz we've done [35:57] that a couple years, but we do have plans to um have yard signs and say like [36:01] come to the football game and put them kind of around the neighborhood um [36:05] particularly around the stadium. But yeah, [36:08] » uh, understanding the nature of football, sometimes it multiple over [36:13] times, is it possible to put >> like a time limit as to when they could [36:19] go up, maybe 10:00, no later than 10:00? >> So, they would I can kind of they would [36:25] be subject to our noise ordinance provision. So, if that were to happen, [36:28] the noise ordinance would kick in and would pretty much bar them from doing [36:32] it. >> All right. [36:34] Do we have a fireworks provision in our ordinance? [36:39] » I don't know off the top of my head the fireworks provisions [36:43] » is that something worth having so that instead of an agreement we have just [36:48] guidelines or requirements. [36:56] Like I'm not actually even clear on what the law the state the state law for [37:00] fireworks is right now and what people are permitted to do as far as fireworks. [37:04] Who can set them off? When they can set them off. So can anybody set off [37:08] fireworks? >> No, it depends on what like sparkler [37:10] type fireworks or definitions in the fireworks law. [37:13] » So the the ones that like go off. >> Yeah. The ones that they're talking [37:16] about you have to have a license. >> Yeah. The man has a license. Yeah. And I [37:19] will say like our purchasing department is extremely thorough and so we make [37:25] sure that like we give them they won't even put a contract through if we don't [37:28] have um licenses from the fireworks company and you know [37:34] » ammunition what's going on >> exactly what's happening. So and COIs [37:37] and everything like that. So at least on the university side we would never put [37:41] something out on our end that wasn't like completely legal. [37:45] » Exactly. >> Okay. So it sounds like we've got two [37:48] things to do. wanted to review and consider approving this tonight and then [37:51] also as a followup but she's to try to come up with some language that just [37:55] kind of sets this as to what would be a normal for you so you don't have to do [37:59] this every year >> that would be awesome. Yeah, I would say [38:02] like the welcome back event is a is a time a normal time and then probably [38:08] these football games, but other than that, we don't normally have anything [38:11] else throughout the year, but it will be nice, I think, to have something um that [38:15] we could share with our purchasing department as well because they don't [38:18] put it through unless we give them the township agreement as well. So, um [38:24] external. >> Yeah, got us. Okay. [38:26] » Okay. So, that's a followup quiz for that second item. And then obviously [38:30] today we're looking at Is there a board member willing to make a motion to [38:34] approve the request from Westchester University for the use of fireworks [38:37] during those two home football games on September the 12th and October the 17th? [38:42] » So just real quick, >> I'll make that motion. Oh, go ahead. [38:44] » I just wanted to address question. So our fireworks provisions generally [38:48] mirror the state law and they regulate how far you have to be from like [38:52] residential dwelling units to shoot them off. But there is no provisions related [38:56] to noise. So our noise ordinance would default situation. So that would govern [39:01] it. Um it doesn't say anything about requiring approval from the board. I [39:06] think that's just been past practice. But they do have permits which we can [39:09] handle through our special permit process. [39:11] » Okay. >> Okay. So we have [39:13] » Sorry about that. >> We have a motion from Tina. Is there a [39:15] second? >> Second. [39:17] » Thank you Nate. >> Uh any questions from the board on the [39:20] motion? Again this is just to approve these two upcoming events September 12th [39:25] October 17th. Is there any public comments or questions on the motion? [39:29] Darthy. >> Yeah. Hi, uh Dorothy Verden. I'm a West [39:32] Ocean resident and I'm also chair of the sustainability advisory committee. And I [39:37] just want to say that fireworks are very disruptive to animals, to wildlife. And [39:43] um um unfortunately a lead for my neighborhood with the nextdoor.com [39:49] app and there are a lot of fireworks. I remember that it was Westchester [39:54] University, but uh weeks before Fourth of July and for weeks after Fourth of [40:00] July, they would be set off and they were loud and big fireworks and it would [40:05] be, you know, 9:30, 10:00, sometimes 10:30, 11:00 at night and uh people [40:12] would complain in nextdoor.com how their dogs would go crazy, their cats, you [40:18] know, animals would hide under beds and stuff. So, I just I just want to say [40:22] that um I wish that you would get like um drones instead of fireworks because [40:29] [clears throat] they're just noisy. They're disruptive and they're really [40:32] hard on wildlife and um domestic cats. Thank you. [40:36] » Thank you, Dorothy. Good comments. Um I mean, I think it's great that you work [40:41] with us so we know how many are doing and that we we we work with fire [40:45] marshall and everything else. You know, I think what D is referring to is more [40:48] presumably individuals letting fireworks off. I don't think there's that many [40:54] firework events, you know, in the month of June [40:58] or the month of August. It's just that people have access to these these [41:02] fireworks. That's my opinion anyway. >> Well, I'm certainly not from Westchester [41:06] University. >> Exactly. [41:07] » No. No. >> Okay. Any other comments? [41:10] » Okay, then we'll take a vote. All in favor say I. [41:13] » I. Is there any opposition? [clears throat] Motion passes 40. Thank [41:17] you for your time. >> Thank you very much. Thanks. [41:21] » Agenda item number six is discussion regarding zoning hearing board [41:25] application [clears throat] number 11 2026 for Chester County Hospital seeking [41:29] a variance from section 846786 of the West Ocean Township zoning [41:34] ordinance. >> Good evening. My name is Elizabeth [41:38] Whitmer. I'm with the law firm of Sally Euing. I have with me tonight uh Mr. [41:43] Flickinger from Chester County Hospital. He's the COO of the hospital to answer [41:49] any questions you have. We're here seeking a variance because we have a uh [41:55] temporary MRI facility that's right in front of the hospital near the emergency [42:00] room. Um Chris, if you could go to this picture. I think it's the best one. [42:09] » Uh one back. There we go. Um, so if you drive past the hospital on Marshall [42:14] Street, you've seen it because it's surrounded by orange barriers. Uh, the [42:20] reason that it's there is because there's an incredible demand for MRI [42:26] services in Chester County. Uh, particularly with uh some of the [42:31] hospitals closing, a lot of that uh patient population is now served by [42:36] Chester County Hospital. In 2024, they came to the township and got a temporary [42:42] permit to have these temporary MRI facilities. While they started a search [42:48] for where to install them permanently, um they did get one additional uh [42:55] extension of that temporary permit, which is permitted under your permits [43:00] ordinance uh 84-67. uh the staff can only approve one [43:06] extension of the permit and the hospital was unable to find the appropriate [43:12] location for these MRI facilities. Mr. Flickinger can explain to you first of [43:19] all the incredible use of this facility, but also why it's not going in the [43:24] hospital and why they're looking for an appropriate place, a permanent home for [43:29] these facilities, likely um in a place where they can be easily accessed by [43:36] oncology practices. MRIs are now used traditionally with oncology practices. [43:42] Um, and so under your ordinance, because your uh staff can only issue one [43:49] extension, we actually have to go to the zoning hearing board and get a variance. [43:53] And we're seeking a variance for two more years. We hope the MRI facility [43:59] will not be there for the entire two years. And we completely understand that [44:06] um you know the limit of the extension will be 2 years um for us to find [44:11] another home. So we're happy to answer any questions you have. [44:17] » Thank you. Questions from the board. >> I have a question. Why why could the [44:21] permit only be issued for one year and then one year etc? Why couldn't it be a [44:25] permanent permit? Is it does it not meet I mean you didn't get variances for this [44:28] did you? >> No we didn't. We didn't. Why can't it be [44:31] considered a permanent for as long as you need it to be there? I'm not [44:34] understanding that from a permit perspective. [44:37] » It's not a it's not a permanent attachment to the building. Uh they [44:42] didn't even go through a variance analysis for what it would take to, you [44:47] know, build what is essentially an extra room. [44:51] » I don't think they could have issued a zoning permit if it didn't meet zoning [44:53] requirements. So that's I'm very confused by this application to be [44:56] honest. >> Well, you already obtained the various [44:59] » they have. [clears throat] No, she's saying they did not. They don't have [45:01] variances. They just got a permit. And I guess there's something in our language. [45:04] The zoning permit's only valid for one year. [45:08] » Temporary zoning permits are only valid for one year. The zoning officer can [45:11] extend it for one year to be on temporary structures are designed to be [45:17] not temporary. So, not fixed or permanent to the property. So Shel's [45:22] essentially reached the maximum level of her authority under the zoning ordinance [45:26] and they're still going there to go. I guess what I'm asking is do we know if [45:29] that was to be considered more permanent? And I know you're saying it [45:33] doesn't have a foundation, so it's not necessarily a permanent structure, but [45:36] as far as a permitting, if it meets all of our code requirements, why couldn't [45:40] it be considered a non-temporary permit? Because what happens in two years, you [45:44] know, again, I don't want to speak for the board. I don't know if you care [45:47] about this being like that, but it just seems administratively hassle for you to [45:52] have to do this. I'm just seeing if there's a way if it if it otherwise [45:55] beats zoning, why couldn't it be considered a permanent permit? [45:58] » Well, is it a temporary structure? >> It's a truck. So, yes, it's a it's like [46:03] a trailer. It's a temporary structure. >> Uh it's it was never intended to be [46:09] permanent. And um I I haven't analyzed this, but there are other requirements [46:16] that apply to it, including approvals from the Pennsylvania State Department [46:21] of Health, which has not approved this as a permanent installation at Chester [46:25] County Hospital. It will be approved somewhere else. We have identified other [46:30] locations. We've looked at, you know, the regular suspects for Fern Hill, some [46:36] of the other medical locations, but uh this MRI is being used, I think, for [46:42] at least 100 MRIs a week. Um it's basically 247 operation. [46:50] It will still have really heavy operation elsewhere, but it's not truly [46:54] appropriate for the hospital because >> it's going to stay in his truck. It's [46:58] going to stay in a truck or you're looking. [46:59] » No, we're going to put it in a permanent office allied with one of the likely one [47:05] of the oncology practices in the county to make it more convenient for oncology [47:11] patients. But it's not easy to find a location where it's close to the [47:17] oncology providers and where we can also find the appropriate staff to staff it [47:22] as long as possible. Um, part of the reason it can operate continuously is [47:27] because it's at the hospital, but that's not really the goal. The goal is to [47:31] serve the appropriate patient population, which are the ones who are [47:35] going to see their oncologist. So, uh, the hospital's been through a surge [47:41] again. Shane can provide more information about that. We're confident [47:46] we can do it within the next two years. Frankly, having to do it in 2024 was a [47:51] little bit of a surprise, but it was because of the incredible increased [47:56] demand because of the closing of other medical medical facilities in our county [48:00] and in Delaware County. Uh, and frankly, there's also increased demand. It wasn't [48:07] used the way they're used today, particularly for oncology. [48:12] Um, is there anything you'd want to add, Chie? Yeah, I think you know when you [48:16] look at our demand, we've had year-over-year growth. If you go for I [48:20] guess here, we've had year-over-year growth. So, if you look in June of 2023, [48:27] we did uh in that entire 12-month period, 23,343 [48:33] MRIs. In June of this year, we finished at 29,728. [48:39] Um if you look at our data she mentioned we can do 250 exams a month and right [48:45] now when you look at it even with this expansion uh our third appointment out [48:51] which is the industry standard of essentially how you measure your [48:55] scheduling uh for a noncontrast MRI it's 29 days and for a contrast it's 56.4. [49:03] So we haven't made a dent. um it has had um profound impacts on our oncology [49:09] population because MRI has become a a standard uh and is really growing. Um so [49:16] there's obviously other health systems in the area building ambulatory [49:20] locations and that is where we have been in our strategic planning process of [49:23] figuring out where we're going. Uh but we do have identified locations [49:28] potentially at Fern Hill uh and North Hills which is also adjacent to keep it [49:34] in here. um plus others in the area. So, we did go to the Department of Health, [49:39] they granted us three years, we're one year into that um because they too from [49:44] all of the Pennsylvania Department of Health guidelines have specific [49:48] guidelines. So, even the roof that you saw here was largely from a patient [49:52] experience perspective. We were having some um water issues when patients were [49:57] walking out, but it's tied into our fire systems and otherwise like that. So this [50:01] is not an ideal situation. Um but we have not had any issues and are fully [50:07] utilizing it. So we are very confident certainly hope to not still be in this [50:12] space in two years. Um and we're not looking for a scenario either where we [50:16] would get a new location and keep it. We're going to keep moving forward. [50:20] » If you have another facil or find another facility within next year or [50:23] two, will it also be 247 where the MRI will be utilized for? [50:28] » So that is very interesting. Um, as much demand as there is, we have [50:34] actually added weekend hours at some of our locations, but trying to hire people [50:39] who want to work weekends and nights is quite a feat. No matter how much money [50:45] you throw at them, but we have expanded on weekends. We will continue to run the [50:49] hospital until 11:00 at night. We have outpatients that come in until 11:00 at [50:53] night. That will maintain. What we may do for the community in some of those [50:57] things is there are lower end MRIs that are quicker. Orthopedic MRIs are [51:03] quicker. You can cram more of them in which would free up capacity in the [51:08] hospital. So, we're going to continue to expand and we there's no plans to not be [51:14] using the hospital until 11:00 at night, but and we're continuing to look at we [51:19] have expanded. Oxton has tremendous demand. Uh we've also found that [51:24] patients who live in Axton will wait to have their MRI in accent. Um so we have [51:29] expanded in different areas and continue to do that but the limitation is um MRI [51:35] technologists. >> Has been any um accidents or safety [51:40] incidents near misses with ambulances or you know people traffic in this general [51:45] area since you had it in operation? >> No, we have not. Um that was certainly a [51:50] concern going in but we have not had any issues with that. [51:53] » Okay. If you actually can when you get into that unit you come out under that [51:57] uh overhang >> you would actually you would come in the [52:01] back and so the door that comes out into that is the radiology hallway. So you [52:06] would never actually go outside. There's actually a door there as well on the [52:11] outside. So it's >> like a little cubicle. And so you come [52:15] in through the hospital, you have outpatient radiology, and you come in [52:18] through a hallway. So you're not reporting up through that. [52:21] » Got it. >> Yes. Thank you. [52:23] » So I would actually be in favor of supporting this um application and not [52:27] remaining neutral. I think is incredibly important. Everything you shared here [52:31] tonight um is shocking. In fact, to hear that there's such demand and that you [52:37] guys are having to work out of this truck here. Um, so yeah, I would I would [52:42] support supporting the application. >> I remember when you came for this, I [52:46] think originally it was during COVID, I believe, was when these hospitals were [52:49] shutting down and we waved land development and gave you some expedited [52:53] permitting or something. So sorry, I don't remember the details. [52:57] » I don't e [53:01] » that was for an expansion of the emergency room. [53:04] » Was this part of it though? >> No, this came later. This wasn't it [53:08] started in 2024 when it became apparent that [53:12] » and this just went through Shelby. It didn't come to you because it was just a [53:15] temporary permit. That's >> okay. That's what we that's what All [53:19] right. Well, actually made a point there is what are the other board members [53:22] thoughts on that? You want to support this application in front of the zoning [53:25] hearing board? >> Yes, I support this application. Well [53:28] needed. >> I agree. [53:30] » Okay. So, the majority of the board is in favor of not being neutral on your [53:34] application. the zoning hearing board but in favor of grant the zoning hearing [53:38] board granting your application. So we can make that known to them. [53:43] » Yeah. J make a motion and your manager to make a [53:48] » send a letter in support of it. >> Okay. So let let's get a motion on the [53:52] table here. Ashley, you want to make a motion? [53:54] » Yes. I will make a motion to have Chris send the zoning hearing board a letter [53:59] indicating that the board of supervisors supports this application. [54:03] » Very good. Thank you. I will second that. Is there any public comment or [54:07] questions on the motion? >> Yes. [54:11] » I wanted to thank you for your perspective. I just wanted to comment [54:14] that I'm a a resident here from Colorado and uh suffer from some pretty severe [54:20] debilitating sciatica um as a result of unfortunately struggling too much snow [54:26] in a week there. And um having moved here and trying to seek care for [54:31] sciatica, having gone down to Pet Medicine in Reder about 3 weeks ago and [54:36] told the students I could get an MRI because they can't give you any kind of [54:40] treatment without their own MRI would be the end of September. I ended up in [54:45] Kennet Square and that was the earliest I could find. And it is incredibly [54:50] debilitating to be waiting for MRIs for what ultimately will be a diagnosis of [54:55] like a routine corticost injection in your back. But it's I was shocked to [55:01] find out that that's that's the time just [55:06] » thank you for your comment. Anyone else with a question or comment? [55:09] » Okay, then we'll take a vote. All in favor say I. I. Is there any opposition? [55:14] Hearing none passes 4. >> I will [55:20] support the application. >> Thanks Chris. [55:25] » Okay, we're on to agenda item number seven which is discussion regarding a [55:29] storm sewer pipe replacement project at 1237 1239 Strasport Road. Chris [55:39] So, [55:44] I'll bring up an aerial rendering momentarily. [55:48] So, before the board this evening is discussion regarding a storm sewer pipe [55:52] replacement at 1237 1239 Straburg Road uh to provide some background [55:56] information. The owner of 1237 Strawburg Road contacted the township about a [56:01] sinkhole in her sidey yard. Uh we provided an aerial outlining pipe [56:05] location. Uh upon investigation, the hole was roughly uh 2 feet by 2 ft wide [56:11] and 4t deep. Um and there was a piece of plywood placed over it. Uh the township [56:16] did go out and place weighted barrels over the plywood for safety reasons. Uh [56:20] since then, the sinkhole has widened and additional safety precautions have been [56:24] taken. Uh the hole is in alignment with a storm inlet on Straburg Road, which is [56:29] a stateowned road. uh then to the back of the residence yard entering a small [56:34] stream in the Boxeller neighborhood. Uh Mark Burlami, our public works director, [56:38] reviewed the subdivision plan for that area and it does not show a storm sewer [56:41] easement for this pipeline. Um as followup, uh Mark contacted the [56:47] township's assistant [clears throat] highway or the assistant highway manager [56:51] for this area with the Pennsylvania Department of Transportation. Uh they [56:54] videotaped the pipe which showed CMP failure along the bottom but stated via [57:00] email that Pendot would not repair the entire run and also would not consider a [57:04] joint project with the township. They did say that they would replace the [57:08] storm grade if needed and authorized the township to proceed with replacement if [57:12] desired. The inlet box has four pipes entering from the southeast and west [57:17] directions all coming from the Pendot rightway. The first 20 feet of pipe [57:21] coming off the inlet box towards the sinkhole is a 24 inch diameter HDP pipe [57:28] before transitioning to all CMP. In reviewing the video, we did review a [57:32] video of the of the situation. It appears that the CMP has completely [57:37] deteriorated as there's a large void after exiting an HDP pipe. Um, we are [57:42] proposing a replacement of the pipe in this location using the public works [57:46] department staff. Uh, Mr. Berlami has outlined [57:51] has outlined the cost if the board were to authorize that. The total estimated [57:56] cost would be $11,593 for the um for the material needed and [58:03] would take approximately 2 to 3 weeks to complete. Um it's not anticipated, but [58:09] if the township's excavator can't cannot dig deep enough, we would need to rent a [58:13] larger one for $6,000. Um outside of the actual material cost, [58:18] there would also need to be there would also be an easement prepared. Um Carol [58:23] Engineering has provided a scope of work to prepare the necessary easement. Um [58:27] which would be at a cost of $4,68. We have spoken with the property owners, [58:32] both of whom would [clears throat] be amanable to granting an easement to the [58:35] township. Um, and I want to let the board know that the prices do not [58:39] include the cost of repairing the proposed plan set outlining the pipe [58:43] design and erosion and sedimentation controls. Um, and speaking with Shawn [58:48] Daniels at Carol Engineering, he said that that would be fairly simple and [58:51] would probably take a day or two to complete. Um, and our assistant public [58:55] works director, Mike Kakabo, is here tonight to answer any questions that the [58:58] board may have. And I will bring up the aerial image that I referenced [59:01] momentarily. [59:09] So this is the image of both properties. 1237 Straussburg Road is indicated on is [59:16] indicated on the um on the right hand side outlined in red. The pipe is [59:21] outlined in green. As you can see, it runs back and it discharges to the [59:24] stream area on the rear of the property. The inlet boxes are the green rectangle [59:29] shown um and the inlet area is shown on Straussburg Road. Um the lot the [59:35] property boundary is generally where the pipe is. So it extends a little bit into [59:41] the area to be surveyed sends it a little bit into the neighboring [59:43] property. >> So which portion does Pendot own? [59:49] » They so they own the entire right of way of Straburg Road. So essentially from [59:55] this right about where this inland box is [59:59] like this white line here to this white line here. So that's PennDOT's right [1:00:04] » and the rest is us. >> Well, the rest is priv the rest is [1:00:07] private property. But we've taken the opinion that through guidance that if D [1:00:13] were to come were to come to the township, it' ultimately say it's our [1:00:16] responsibility because it's taking discharge from a public roadway and then [1:00:20] discharging it into a water in the Commonwealth. [1:00:24] And where we've had issues with CMP pipe failures or potential failures or we've [1:00:28] done lining projects, we've run lining across in pipe that extends into private [1:00:33] property as part of that repair. Correct. [1:00:36] » That's correct. >> He videoed the part of the pipe that [1:00:39] belongs to Pendot. >> Correct. So we videoed Well, I believe [1:00:44] Mike might correct me if I'm wrong. Pendot did the video. Correct. [1:00:47] » They were there with us. We video camera. [1:00:48] » Okay. So we did it with Penn Dot along with us. Okay. [1:00:52] » Yes. in the pipe that's in there right away. [1:00:54] » Correct. >> And they're not paying anything about [1:00:56] it. >> And they're not paying for it. They [1:00:58] never Why are they allowed to do that? >> Because they're pend [1:01:03] letter they signed in 2008 that said any of the drainage facilities and pend [1:01:06] roads is the township responsibility. You have to be the permit. So they just [1:01:11] that regulates that. >> No. [1:01:14] » No. It's uh >> not then who regulates them [1:01:17] » and who you go to for that? pens will be regulated, I would assume, by the state [1:01:21] legisl. [1:01:25] » So, is there any I mean, I don't want to get into the weeds in this, but it's [1:01:29] crazy to me that PENDOT isn't responsible for repairing their storm [1:01:33] pipe >> or they're not [1:01:37] » not something that's >> and they're not liable if it causes an [1:01:39] accident. >> That's not what we're saying. [1:01:42] » But would they be? I mean, I think that they would. that there's sovereign [1:01:44] immunity and then there's exceptions to sovereign immunity and whether or not a [1:01:47] failed pipe that they knew about they probably could be but it would have to [1:01:51] be within the boundaries of the land that they own. [1:01:55] » It's a similar situation to the storm water facilities that were installed in [1:01:58] the West Coast shopping center Pike uh for the redevelopment that was done. [1:02:03] They had to we had to sign off that for them. [1:02:08] » Is it worth ever pushing back and saying they're not going to change? Ashley, [1:02:12] you're not the first municipality to try to get [1:02:14] » I'm not saying we're the first, but I'm saying that we should. [1:02:16] » We have tried. We have tried on I have tried on numerous occasions for numerous [1:02:20] municipal clients to get Pendot to take responsibility for failing durish [1:02:23] credits within Pendot rights away. You will not get them to change. You're [1:02:26] welcome to try again and you can go on record. [1:02:29] » I just I don't I don't like accepting those sorts of status quos. [1:02:35] I'm sorry. I just I I don't like that. And I don't think that saying rolling [1:02:40] over and saying, "Okay, well, if you're not gonna pay for it, I guess without [1:02:43] pushing back a little bit." >> Yeah. Then you get the D that's going to [1:02:47] say the township, if you're allowing private pipes to go through private [1:02:50] property that comes from public road, township, you're responsible as part of [1:02:54] your MS4 permit. That's what D is going to tell you. [1:02:56] » I know, but it's Penn's pipe that's corroded. They're not going to tell you [1:03:00] it's pending. >> Well, we don't go to the private lane. [1:03:05] » That it's a question because we don't the these subdivision plans were [1:03:09] approved before anybody did what we do now where we identify where the pipes [1:03:14] are located, who owns it, and who's responsible to maintain it. They didn't [1:03:18] do that when these subdivisions went in place. So, I get these questions [1:03:21] literally weekly and they're like, Kristen, who owns the pipe? I don't [1:03:24] know. Let's go back to the plan. Doesn't say anything. So then we look at, okay, [1:03:27] who owns the road where the pipe is? Panda. Well, Panda say they own that [1:03:31] pipe? Probably not. It's now going through a prior property owner who [1:03:35] bought it not maybe with no knowledge the pipe was there with nothing on a [1:03:39] note on a deed or a subdivision plan that says they're responsible. So then [1:03:43] you go to the D and they'll say it's part of your municipal storm sewer [1:03:47] system. It's collecting storm water from inlets and public roads. Township, you [1:03:51] are ultimately responsible. So I'm not saying you can't go back to PNDOT. I [1:03:56] think that what you what what you're gonna find is they're going to tell you [1:03:58] they're not going to do anything about it. So then you have a property owner [1:04:01] who's having coming to you saying help me. You know, it's a larger issue than a [1:04:06] single private property owner can handle and it's a policy decision. You guys [1:04:09] have no >> $17,000 problem that involves PenBBOT [1:04:13] and they're refusing to take any responsibility for that. And I'm sorry. [1:04:17] I just think that that's wrong. >> Hey, this may not be the last one. [1:04:20] » No, it's not the first one. It won't be the last. [1:04:22] » It's not It's not It's not the first one. And I can tell you it will not be [1:04:25] the last one. >> Just so I'm cleared by that, [1:04:28] » the this existing 24 in HDP pipe that was put in, did Pend put that piece in [1:04:34] and then not fix the rest of the pipe? >> They just fix what was in there right [1:04:38] away. They just put that >> They did that recently. [1:04:40] » I don't know if they did that recently. >> I don't know when they did that. [1:04:43] » I'm not sure when they replaced it, but they did replace their first piece in [1:04:46] there right away. Tied into the CNP. So I'm not sure what the connection looks [1:04:50] like there from the HTV to the CN. So, >> so they replaced [1:04:55] » just what was in there right away. That was it. Just some [1:04:58] » When was that? >> I don't I have to go back and check. I'm [1:05:00] not sure when they replaced it. >> We've taken responsibility for their [1:05:05] talk to find out tomorrow when it was replaced. [1:05:08] » Okay. Well, I think that's useful information because if they've already [1:05:10] taken responsibility of pipes that are in their rightway, then why can't we [1:05:14] turn it around and say this is also in your right way? At least rest of it. [1:05:18] » No, I'm talking about their piece. I'm just talking about their piece. So, [1:05:22] Mike, did they when they replaced their their piece penda, [1:05:28] did they hook it into the non-existing collapsed corrugated pipe? [1:05:33] » I believe they tried to make a connection to the CF. [1:05:36] » That's my point. Yeah. So, obviously it failed because there's no pipe there to [1:05:40] connect into. >> Well, like I said, it's just totally [1:05:42] corroded, right? >> So, there's voids everywhere. There's a [1:05:44] huge thing on our property. So, >> so it sounds like it would be our [1:05:48] responsibility. They they replaced their portion, but they couldn't have anything [1:05:54] to connect it to. >> So, we don't know what the connection [1:05:56] looks like. We have to get in and see what it looks like. We might, if we do [1:05:58] get the project, just might rip out their portion and reconnect because we [1:06:01] might not make a watertight connection on the box, [1:06:03] » right? The size is different. >> I'm not sure what they did in there. So, [1:06:06] we get in. >> Yeah. [1:06:09] » Well, it's only like 20 ft though that section. [1:06:11] » Uh, I believe so. Yeah. 15 or 20 ft is what this we call six that they found or [1:06:15] whatever. >> Okay. [1:06:18] So my couple of questions. So the um the 180 ft that's mentioned in the the note [1:06:25] here from Chris that extends this from the Stratsburg Road right away all the [1:06:29] way through to the back of the property >> to where it daylights. Yes. Correct. [1:06:32] » And that that is the existing run of CMP that is in place that has failed. [1:06:36] » Correct. It discharges it to the stream back there. [1:06:40] » And what would the discharge point look like at the stream bank? What would we [1:06:43] what are you proposing? >> So that's what we need to figure out. I [1:06:45] would ask if we would put a head wall back there or we just keep it coverage [1:06:48] and put rip wrap or river rock around it and have it just daylight out there into [1:06:52] the rip wrap and then into the creek bed. [1:06:55] » There's a lot of debris back there that we have to maneuver around trees and [1:06:59] stuff stumps and things like that. So we have to clear a little area back there. [1:07:03] » And where exactly is a discharge effluent? uh right at the end of the [1:07:06] where the tree line is right in the creek there behind valley where spray [1:07:10] valley circle is the creek right between there between those trees and then that [1:07:15] outlets under Ellis Lane into like the head wall that east co just replaced [1:07:19] maybe a couple years ago through Ellis >> so this is the end [1:07:24] » it's just daylight right there's no head wall just the pipe comes out with the [1:07:26] coverage on top of it so the stream there flows to the right through that [1:07:31] wooded area right >> down towards Ellis [1:07:35] Yeah. And then in terms of Strasburg Road, how can you just explain how many [1:07:40] Chris, if you could go back to Strasburg Road, could you explain how many inlets [1:07:42] feed into that? You identified the three on here, but you said there's there's [1:07:46] four connections in [music] total. >> So, yeah. So, they're in line with [1:07:49] there's a pipe that runs under the resident's driveway to the uh box in [1:07:54] question. So, I believe there's like an old swale there. So, there's a pipe [1:07:56] buried there that I believe picks up the ground water and then that pipe bundles [1:08:00] it into the box here. Then, it goes out the stream. [1:08:02] » Okay. So that's to the west of that. >> Yes. That's correct. That pipe runs [1:08:07] under that driveway there, which would probably be looking at this ending [1:08:11] that's right away as well. So >> So would the homeowner be responsible [1:08:16] for the lateral, the cost for the lateral to be put in to connect to the [1:08:20] main just like we do with the sewer? >> No, it's not a sewer. It's just there's [1:08:24] no main. There's no >> So it's all one pipe. [1:08:26] » It's just all pipes. It's just connection of pipes. [1:08:29] » I don't know where Pendock fixed the pipe. Is it was it [1:08:34] record? >> It's generally if I'm looking at [1:08:37] » do your cursor where they fixed it. >> I'm looking at what Mike provided. [1:08:46] » I think it's generally my correct is generally in this area. Correct. [1:08:51] » So right from Yeah. from the storm inlet from the road pretty much to their right [1:08:55] away wherever they ended. However much pipe they pulled out of there. I'm not [1:08:58] sure how much how long that pipe run was that they pulled out. I can verify. [1:09:02] » They went underneath the road. >> They went from Can you do [1:09:05] » just from the box? Just from the box out to the to the existing CNP. [1:09:09] » No, right. I think it's right here at the tour property was the right way. [1:09:12] » From their box. Yeah. >> To Yeah. From their rightway. So, it's [1:09:15] only like 15 ft probably from the inlet box that they replaced. [1:09:22] » Well, that was nice of them. >> Mike, what did you also in this quot you [1:09:28] have a driveway replacement? Partial driveway replacement. might be [1:09:31] necessary. What What's that about? >> So, where you see the car sitting where [1:09:34] they have like a jut out there on the existing driveway. Uh we would need to [1:09:38] obviously get the excavator in there if we were digging. So, we might have to [1:09:41] rip up their >> I guess it's just I guess it's just a [1:09:45] gravel drive. I haven't been down there, but I believe it's a gravel driveway [1:09:49] that we might just have to sit on top of and dig up and prepare when we're done. [1:09:56] » Other questions from the board? So what's the ask here tonight? [1:10:02] So based on the cost estimates [1:10:07] 11 the 11,000 plus the six plus the 4,000 for engineering plus some time [1:10:14] materials you're looking [1:10:20] » plus cost to repair >> plus yeah um if the board would [1:10:24] authorize $25,000 I think that could cover [1:10:34] I just, you know, to Ash's point, do you try to go to your state reps and learn [1:10:38] the situation and condition and say, especially in situations where they fix [1:10:42] a pipe, but then just let it go into a pipe that's corroded. What was the point [1:10:45] of that? All it was was to get it off of their rightway, say, "Okay, now it's no [1:10:49] longer on our problem. It's on your private property. You deal with it." [1:10:52] » Well, that's consistent with how you described pendway. [1:10:55] They'll fix it. It's not there right away. It's on someone else. [1:10:58] » It is. But yeah, >> I think Kristen raises a good point that [1:11:01] if we put pressure through our state senator and state representative, then [1:11:06] maybe that could help with the broader situation. [1:11:10] » And you're not proposing to wait until that happens, are you? You're you're [1:11:13] proposing to go to your legislator, pay for this, and then go to your [1:11:17] legislators for reimbursement. Is that correct? [1:11:19] » Well, no, not go for reimbursement. just to explain if we get reimbured that [1:11:23] would be fantastic but try and get them because like I said this is not going to [1:11:26] be the last one of these situations that we run into. [1:11:29] » No but I I could see that taking years also and don't want to address this [1:11:33] problem now. >> Yes. [1:11:36] Proceed with that option >> option later. [1:11:38] » The problem is it's not historical records to identify who put the pipe in. [1:11:42] » Like I'm curious did the pipe come in when the road was built? Did the pipe [1:11:46] come in when homes were built? Like who would have put the pipe in? [1:11:48] » I know. But cannot implicitly accepted some responsibility for the maintenance [1:11:54] of this pipe or performing maintenance on the pipe [1:11:57] » within it right away >> within it. Well, no. [1:12:00] » I think I think the extent of the limits of what they did sounds like it was [1:12:04] within >> it was on their property. [1:12:06] » Yeah. I thought that that was just their rightway right there. [1:12:08] » Yeah, this is their rightway and I thought it was beyond that. [1:12:12] » No, it's generally partway but not the right way. [1:12:15] » It's probably 33 ft is the roadway. It's probably 16 and 12. Is that line over? [1:12:19] Is the right way? >> So generally generally Tesco views the [1:12:24] white lines here try to mirror the right ofway boundary lines. Um so their right [1:12:31] of way essentially runs these two white lines here. [1:12:36] » I just rely upon a chesco map. >> I don't think that penot I don't think [1:12:40] that penot can now disclaim that pipe. I think they've already [1:12:45] accepted responsibility for it and I think it is worth pushing back on PENDOT [1:12:50] and yeah looping in our our legislators. >> Yeah, I respectfully disagree that [1:12:54] PEDOT's going to say they've done anything other than fix what was in [1:12:57] their rideway. 20 foot se 15T section of HDP pipe is the standard [1:13:03] to a private property. They were helping the private property out. But isn't the [1:13:06] pipe in their rightway still >> needing repair? [1:13:10] » No it doesn't stop. Well, like I don't want to put words in your mouth, but you [1:13:16] said that you're not sure about the connection point. So, we may have to [1:13:19] replace that. >> We're not sure till we get in there. I'm [1:13:21] not sure what they made to the box to the CN pipe typically like [1:13:27] grid to connect, which we don't want to do because it's not sealed up. [1:13:31] » It sounds like we need more information on exactly what I have to figure out [1:13:35] what Pend did, when they did it, >> figure out the section that they [1:13:38] replaced. So, I can get that to you tomorrow. [1:13:40] » We need to address this problem. I'm not saying that we let this carry on [1:13:44] forever, but you know, so I don't know. >> So what information we requesting? Like [1:13:50] » where the wipers replaced >> do [1:13:54] plans? Do they have plans that showed the work that they did? [1:13:58] » Yeah. Public records. >> We'll find it. I'll do some digging [1:14:01] tomorrow. >> What did the CP? [1:14:04] » Well, the CMP was probably put in when the subdivision was done that created [1:14:07] those lots. >> So what was the subdivision? [1:14:11] We looked at the subdivision plan. You guys reached out to me about [1:14:14] » in like the 80s, >> I think. So, [1:14:17] [clears throat] plans [1:14:19] » and kind of what Kristen was saying, unfortunately, the subdivision plans [1:14:22] that were done prior were not as detailed as they are now. [1:14:26] » They didn't even show they didn't even show easements. [1:14:29] » Correct. >> Or pipers for that matter. [1:14:33] » I mean, so the question is what do we do? What is the desire of the board as [1:14:37] it stands with this current situation? I totally understand. you know, talking to [1:14:41] our state legislators relating to and but we do have a situation right now [1:14:45] with a sinkhole on this property and looking to do something with it. [1:14:53] » Well, I think we should fix the sinkhole. I mean, it's it's a safety [1:14:56] hazard. You know, you've got people who could get seriously hurt with it. I know [1:15:00] it's on private property, but you know, this is in a kind of total gray area [1:15:04] like a lot of these other things to Kristen's point where no one's going to [1:15:07] take responsibility for this. you know, it's coming off a public roadway is the [1:15:11] where the discharge comes from. So, I think, you know, it's okay to ask to get [1:15:16] more information, but you're going to get information that basically says, [1:15:18] "Look, we fixed it on this date. We made the best connection we could to the box [1:15:21] and we put the standard piece of pipe in. That's it. That's the kind of answer [1:15:24] you're going to get, I think." And then you we're right back here in two weeks [1:15:28] saying, "Okay, we're ready to approve it." So, I don't feel there's going to [1:15:32] be any different outcome from other than that. And since I feel it needs to be [1:15:36] addressed, I would be supportive of trying to move this forward tonight. Do [1:15:40] other members of the board feel that way or not? [1:15:42] » I do. >> I'll make a motion. [1:15:46] » Tina, that's your view. >> Yes, I think we should proceed tonight [1:15:49] from a safety standpoint. >> Okay. So, for a board member to make a [1:15:54] motion to authorize uh storm sewer pipe replacement project [1:15:58] at 1237 1230 road in a not to exceed amount of 25 [1:16:04] » $25,000. >> So, I'll make that motion. [1:16:07] » Thank you. Is there a second? >> I'll second. [1:16:09] » Okay. >> We'll still want the answer to the [1:16:12] question, Mike. But sounds like we're willing to move forward with it. So, [1:16:15] we'll we'll take a vote here in a minute. Uh any public comments or [1:16:20] questions on the motion? >> Okay, then we'll take a vote. All in [1:16:24] favor say I. I. There. Any opposition hearing? None. The motion passes 40. [1:16:34] All right. Thank you, Mike. We appreciate it. And uh good luck getting [1:16:37] some more information on it. >> Please share it with Chris and the board [1:16:43] when you when you get the answers. >> Thanks. [1:16:47] » Okay. Agenda item number eight is discussion regarding a proposal from the [1:16:51] sustainability advisory committee for enhancement to the entrance to the West [1:16:54] Coast Community Park. >> Chris, uh Mr. Chairman, before the board [1:16:59] this evening is a proposal from the sustainability [1:17:02] advisory committee to undertake the native planting enhancement to the [1:17:05] entrance of West Ocean Community Park. Uh the project would also include a rain [1:17:09] garden installation near the entrance. Uh Nick uh Nick Daniela from the [1:17:14] sustainability advisory committee has prepared exhibits and a plant list for [1:17:18] the board's consideration. Um please be advised that Mr. Dell presented this [1:17:23] plan to the park and recreation board at their meeting in June who unanimously [1:17:27] voted to recommend the project. Additionally, he's worked with our [1:17:30] public works director and assistant public works director, both of whom [1:17:33] support the project. If approved by the board, the plan would be to complete the [1:17:37] installation in the fall using the public works department staff and I will [1:17:40] bring up the plans momentarily that we're do have representatives. We do [1:17:44] have Nick, Dorothy, and Ryan from the sustainability advisory here this [1:17:48] evening to answer any questions that the board may have. [1:17:51] » Great. And I believe that the total plant material cost and correct me if [1:17:55] I'm wrong was $2,400. Is that correct? >> Generally, yeah. And based off other [1:18:00] projects, the building pricing from those, but could fluctuate slightly. [1:18:05] » So, this this is the plan for the entrance area. And I'll note that when [1:18:09] they reviewed this, Mark specifically liked this plan because of the low [1:18:13] maintenance options that were installed. Um, so this is what the plan would look [1:18:17] like for the entrance area. And then Nick, if you want to highlight anything [1:18:21] or go over anything, then I'll bring up the rain garden plan. [1:18:24] » Uh, it's pretty straightforward. I mean, it's all native plants, so obviously [1:18:27] ecologically beneficial versus what's there currently. Um, also help with [1:18:32] » [clears throat] >> erosion in that area. And, um, we made [1:18:36] sure to keep plants near the entrance way short for uh, for sight paths for [1:18:41] people coming going coming out of there, being able to turn. Yeah, I think [1:18:44] everything in this plant should stay around 3 ft or less. So, it shouldn't [1:18:48] obstruct drivers as they're going out to uh onto the road there. [1:18:53] » Is there is there high maintenance on these this plan? [1:18:56] » So, all these plants will will fill in pretty good, too. Um but yeah, it'll be [1:19:02] pretty low maintenance. They'll be a tiny bit initially just installing [1:19:05] everything. >> With the native plants, it's better to [1:19:07] kind of leave them untouched all year. They'll produce seeds. Birds will come [1:19:11] in the winter time, eat them. Um, from a maintenance perspective, if anything, [1:19:15] come in the spring, cut everything down to the ground and let it regrow. [1:19:19] » And the 25 thou 2500, were we looking to take that out of the SEC over the [1:19:25] general fund? Oh, you were. [clears throat] Okay. [1:19:27] » So, I think there's like 5,000 and that, wasn't there? [1:19:29] » Something around there. So, like I said, it's flexible little bit. Yeah, we can [1:19:34] make it if we need to. >> So, you said to the post, you won't need [1:19:38] to mulge this area. have grown in and spreads together so well they won't need [1:19:44] much weeding maintenance do you think? >> Yeah, I mean there's going to be a [1:19:46] probably a tiny bit initially especially if we're digging up what's there. [1:19:49] There's a decent amount of weeds there currently. So there's probably some weed [1:19:53] seeds in seed bankank that once we disturb that'll come up a little bit but [1:19:56] it should be pretty minimal and after the first year um should be just about [1:20:00] nothing. So >> do you need to fortify the soil there [1:20:03] with some fresh soil you think? >> Nope. The stuff likes like like Yeah. If [1:20:08] you get too good of soil, the stuff gets a little little floppy. So yeah, crappy [1:20:13] soil. >> Is the S gonna be planting though? [1:20:17] » Uh in partnership with public works. So we've been just Yeah, we've discussed [1:20:22] it. So we'll partnership with it. Yeah, we'll get it done this fall. everybody's [1:20:28] » I presume this is consistent with the park's strategic plan in terms of adding [1:20:33] some native species and some some beds etc to the community park. [1:20:38] » Yeah. And it's good too. I mean obviously you know get hopefully some [1:20:42] public interaction with that kind of thing too and maybe you get people plant [1:20:46] some of those things in their own yards too. So [1:20:49] » you have any signage as to what it is so that people can look at it and say oh [1:20:52] that's what that >> we certainly can. Yeah. And there's a [1:20:55] number of manufacturers that make standard ones and we can always run [1:20:57] those by the wall as well. Um, but they're pretty straightforward ones. You [1:21:00] can get just put them on something nice. You not just stick them in the ground, [1:21:04] but you can get like a little wood post form or something like that. But those [1:21:07] are pretty easily accessible. >> Excellent. And I'll bring up the rain. [1:21:24] So these are the rain garden plans. So our would be off of the uh parking lot. [1:21:30] » Yeah. So the basis behind this is um so I actually walk up the park every day at [1:21:34] lunch cuz I work nearby and anytime it rains a ton of water collects and just [1:21:39] sits in the middle of the grass area here. It's just like lawn grass that the [1:21:43] water is not infiltrating at all. Um and there's actually a notch in the curve [1:21:48] there where the parking lot meets the grass area where it just washes the soil [1:21:52] out. You can actually see it from the Earth view. So, we wouldn't try to [1:21:56] mitigate any erosion coming out there. >> Is it like is it like this area here? [1:22:01] » No. Well, I like a scoured channel. >> I drew over it with this, but there's a [1:22:06] channel that runs right through from that outlet pipe. Um, goes straight [1:22:10] towards the parking lot. You can actually see like you pull it up, you'll [1:22:13] see soil in the parking lot coming from there. So, we want to make sure that [1:22:18] water goes down back into the ground instead of into the parking lot. [1:22:23] And again, we've worked with with public works on this and gone over what's going [1:22:27] to be required. Um, so it'll be another joint project between the two of us. [1:22:33] » Is there any chance down the line of expanding that far? [1:22:37] » Sure. Yeah. I mean, this is just like an initial plan. Um, and it should take [1:22:42] care of essentially the erosion issue that we're having, but if we [1:22:45] [clears throat] want to expand this, it's essentially infinite possibilities [1:22:49] in that area. just pawn grass that we can I'd be more than happy to rip that [1:22:53] up. [1:22:56] » The uh the river birds you planning to put in, how how tall is a 5 gallon [1:23:02] river? >> Um generally about 5 to 6 feet tall. Um [1:23:05] [clears throat] again depend on availability [1:23:08] » availability and like if we had to have a little extra money you can always get [1:23:11] something a little bit more develop but that's a good size to put in. Don't put [1:23:14] anything too big or else >> let's get something that's substantive [1:23:17] to start with and not just a sapling that takes 20 years to get going. [1:23:21] » Yeah, this is going to be something where it's going to start doing it job [1:23:23] on day one. So, a river birch too will grow multiple feet a year in ideal [1:23:28] conditions and being in a storm basin is it can get outside of being next to a [1:23:34] creek. So, it should shoot up pretty quickly once it starts uh once its roots [1:23:38] are established. >> Is there any water sources that's needed [1:23:41] » to water the plants initially? snow. >> If we have a drought in the fall, we [1:23:46] might need to have public works come and hose them down. But the issue, well, the [1:23:50] thing is with this area because it collects so much water and there's a so [1:23:53] where the beginning of it is on the bottom right there, that's the outlet [1:23:56] drain that comes from the opposite side of the park, there's a ton of water that [1:23:59] runs through there. So, as long as we're getting like even a little bit of rain [1:24:03] within a month or month and a half of planting that [clears throat] would be [1:24:06] fine. So, it would have to have a pretty long drought for it to become an issue [1:24:10] initially. Then once and same thing with the other with the other plantings. I [1:24:15] mean all these plants are extremely drought toler. I mean they're native to [1:24:19] these areas. So they don't they're not going to require any watering or [1:24:22] anything. Just exhaust fish. >> Super plant everything. No water. No [1:24:26] nothing. It's good. >> Yeah. I I burchches on my property. [1:24:30] They're really good plant. [snorts] They're fantastic tree. The one downside [1:24:33] is they shed branches kind of year round. [1:24:37] » Well, the nice thing about this area is not really an area where people go. Um, [1:24:42] so I I don't really see any kind of like safety issues with that. I mean, we can [1:24:46] always put differences. >> It's not a safety issue. It's just that [1:24:49] that you need to clean you need to clean it up every now and then because it's [1:24:52] just sewing branches on the ground. There's little, you know. [1:24:55] » Yeah. I mean, that's we can talk with Mike about that. Um, I mean, it should [1:25:01] be part of routine maintenance. >> Yeah. I don't want to get too deep in [1:25:03] the woods, but ecologically fallen branches are extremely important for for [1:25:07] a lot of insects who use dead wood. Um, so we can maybe so they even removing [1:25:11] those maybe put them keep them in the area. [1:25:15] » Yeah. And that'll help help the soil as well. So, [1:25:18] » very good. >> All right. Sounds like a great project [1:25:20] to me. Is there any other questions from the board? [1:25:22] » I just want to see Mike, do you have any thoughts, comments, questions? [1:25:26] » Uh, no. Just I guess like uh are you guys going to be picking up the plant [1:25:29] material or are they tagging everything? Are they going to deliver? [1:25:32] » So, um, the way I've done this in the past is I'll I'll put I can put the [1:25:36] order in. have everything ready to be picked up and then if you guys just have [1:25:39] like a rack truck or a box truck or something like that or [1:25:43] » they can also deliver it to the site. >> Yeah. Well, we can talk about that and [1:25:48] tomorrow's good too. I forgot to >> Yes. [1:25:51] » But regardless, we'll be able to get them there. [1:25:53] » Okay. We can figure everything out like the delivery of the river rock, right? [1:25:57] Everything. Okay. >> Yep. [1:25:58] » Yep. >> Yeah. We're good. [1:26:01] » Okay. So, I'm looking for a board member to make a motion to uh approve the [1:26:06] proposal from the SACE for the plant enhancements to the entrance to West [1:26:11] Coast Community Park in a not to exceed amount of 2500. [1:26:17] » I'll make that motion. >> Is there a second? [1:26:21] » Second. >> Thank you, May. Any public comments or [1:26:23] questions? Yes. I just wanted to know if you considered, [1:26:28] you know, something with more seasoned portion of interest like siduish like it [1:26:32] or something like that that you have a lot of [1:26:34] » so yeah so in the back part of that we have proposed a red wig dogwood [1:26:40] » um so there's your four season shrub there we have it as an option but we [1:26:44] also could do button bush we could do cla we can do all sorts of [1:26:48] » maybe for f future projects just to save money I was thinking if you had a [1:26:52] relationship with sport or Longwood or Shand Clear. Um, you know, they had [1:26:58] enormous green houses. I mean, Sworthmore has [1:27:02] enormous rain garden. Longwood has, you know, unable amount of plants and, uh, [1:27:08] Shanta literally grows my plants. Um, and I'm just wondering if in the future [1:27:15] you could establish a relationship with them since this is a public project and [1:27:20] you know >> especially if there's like an [1:27:23] educational component where you're like this is a butterfly garden or rainwater [1:27:27] garden. Um, and in in exchange for educating the communities um you know [1:27:33] most of these places have an incredible educational aspect to their to their [1:27:39] missions. They would donate to [clears throat] I can't imagine that in [1:27:43] this area where you have so many gardens Morris and Swathmore and Jenkins and you [1:27:49] know >> No, that's a good point. In fact, [1:27:52] » I think some contributions. >> I think one of the earlier projects that [1:27:55] the SACE did >> very very early on we got um a local [1:28:00] nursery to to provide a few trees for us to use. So that's a really good idea. [1:28:04] So, for example, like if you get away from the birch as to your point of they [1:28:08] they shed branches constantly. If you went after like Joe Wilson Magnolia, [1:28:14] Longwood has probably hundreds of those. I can't imagine how many they have in [1:28:19] their green houses. You know, they grow quickly. They love water. They're four [1:28:23] seasons in Tristan. They bloom in the summer, etc., etc., you know. So, I'm [1:28:26] just saying it's I think you have options because of just the wealth of [1:28:30] horicultural centers in this area. [1:28:33] » Yeah. Great point. So, I'm just going to look to the SEC members to take that [1:28:38] suggestion on board and decide how you might want to reach out and do that for [1:28:42] future projects. >> Yeah, there's normal organizations like [1:28:45] PA invasive replace it program where if you remove invasive plants, which is [1:28:49] what we're going to be doing at these places and you submit them and you get [1:28:52] free trees out of it. Um, the reason why I have this schedule the way I do is [1:28:57] just to make sure that what we're putting there is substantial. A lot of [1:29:00] the things you get donated are, like you were saying, saplings and things like [1:29:04] that, which would be great for other parts of the site, but I want to make [1:29:06] sure that when we're getting this in, it's a statement, especially and it's [1:29:10] ready to go. So, >> any budget has you have a budget for it. [1:29:14] So, >> correct. Might as well use it. But yeah, [1:29:16] for sure. I mean, free plan would be great. [1:29:19] » Thank you. Is there any other comments for questions? [1:29:23] » Okay, then we'll take a vote. All in favor say I. I. Is there any opposition? [1:29:27] Hearing none. Motion passes 4 Z. Agenda item number nine is [1:29:34] discussion and possible approval of a conservatorship petition for 726 East [1:29:39] Gay Street. [clears throat] [1:29:43] » East or west? >> Uh it's [1:29:47] east, right? >> Yes, it is East Gay Street. [1:29:49] » Thank you. >> That was that was my error on the [1:29:51] initial. >> Okay. So before the board of supervisors [1:29:55] this evening is consideration of the filing of a conservatorship petition for [1:29:59] a property at 726 East K Street. This is the location of the former Boston Market [1:30:04] restaurant. The building suffered a significant fire in December 2024. Since [1:30:09] that time there has been no movement on addressing the situation by the property [1:30:13] owners. The township has had to pay to secure the property on certain occasions [1:30:18] and uh we have been reimbured for some of these costs. The zoning officer has [1:30:24] filed 54 non-traffic citations in district court for violations of the [1:30:28] property maintenance code. If approved this evening by the board, [1:30:33] Carl Ewire would serve as the township's legal council and the petition proposes [1:30:38] that BDP impact real estate would serve as a conservator. [1:30:43] Please be advised that we believe this is will be a fairly expedited process [1:30:48] and reviewing [clears throat] information available. There do not [1:30:50] appear to be any environmental impacts on the property, for example, water [1:30:54] courses or flood hazard area and we will be able to file the petition in short [1:30:59] order. Chris, [1:31:02] » have you any other comments on the web this uh this evening? [1:31:07] » Uh no, Mr. Chairman. Um just that this would meet the requirements under the uh [1:31:12] blighted properties act. Unfortunately, Mr. Eld was unavailable to attend this [1:31:15] evening. Um but he's prepared to he's prepared to petition um which follows [1:31:21] the standard procedures and he's also provided um a large amount of [1:31:24] documentation showing the condition of the property and it's been in this [1:31:28] condition fenced off since it suffered the fire in [1:31:32] December of 2024. And recently I've seen that there's been graffiti put on it. We [1:31:39] have a fence we've had to pay to secure it from a fencing perspective. Secure [1:31:43] the building. We fenced it off after the initial fire occurred and we did get [1:31:46] paid back for those costs to fence it off. Um, but it is it has not been [1:31:51] maintained since it went since that occurred [1:31:56] and we've heard and we have heard nothing about any plans to do anything [1:32:01] with it. >> Who's the owner? [1:32:03] » It's owned by >> the owners are deceased. It was the [1:32:06] husband, wife, and the daughter. The daughter is like 81 years old and we [1:32:09] have tried >> years ago. We tried because there's [1:32:12] significant leans against the property and so we were trying to move to collect [1:32:16] the leans and we made considerable effort to try to find them and locate [1:32:20] them and ended up not being able to. So I gave whatever information I had to [1:32:26] Carl Ewald. Um John Izzy leased the property and was going to then start a [1:32:31] new restaurant. He was going to then subleasase it to somebody for a [1:32:34] restaurant. There was some permanent activity before the fire. Um he is now [1:32:38] nowhere to be found as well. So, >> where was he sending his lease payments [1:32:41] and who was cashing them? >> That presumably is one of the eldest or [1:32:47] » the the daughter who's 81. >> Is she alive? [1:32:50] » Yes, she is alive. Does she live in Pennsylvania? [1:32:52] » She died. >> I don't believe so. I think she lives in [1:32:55] Colorado. [1:32:59] » Somewhere. I mean, I have an email from off top of my head, but my parallegal [1:33:05] handles the lead process. spent considerable amount of time trying to [1:33:08] locate them and we ended up not finding the location to be able to serve them. [1:33:12] » Okay. So, the likely outcome here is that if this conservative is approved [1:33:16] through the court process um that the a demolition would occur and then able to [1:33:21] move into a property sale. Correct. >> Yeah. I mean, I I called Carl because I [1:33:26] was concerned of how you make proper service on the owners and they'll have [1:33:30] to follow whatever proper whatever procedures the law allows when you can't [1:33:33] make personal service against owners property. So this is a little bit more [1:33:36] difficult because in the other conservative petition, we knew where the [1:33:39] property owner was. We were able to make personal service. So there will be a [1:33:42] little bit more process to have to go through to get court approval to serve [1:33:46] by publication likely. Um but yes, likely what will happen is once they [1:33:51] make proper service upon the owners, if they make they're able to do it through [1:33:54] publication and owners do not know, which we don't expect the owner will do [1:33:58] anything then. >> So what would the owner need to do if [1:34:01] they wanted to keep the property? >> Same thing Joe Graph did. come into [1:34:04] court and try to argue that try to show a plan of rehabilitation of what they're [1:34:09] going to do which >> given the age of the woman and the fact [1:34:12] that she's not responded to anything the township's ever tried to do. I don't [1:34:15] believe she will try to defend this. >> Well, this conservative would be the [1:34:20] same as um the previous one [clears throat] and that the township [1:34:23] will not be out of pocket uh as part of any of the costs incurred by Carl and [1:34:28] the uh conservative company. >> Yeah. I do have a separate engagement [1:34:32] plan for him for this project. You probably should make sure you get that. [1:34:35] » Yep. I did talk to Carl about that. >> Okay. So, then it'll outline what you [1:34:40] owe him. It for the work that he's done to date for the work going forward and [1:34:44] how he expects to be paid. I think that's important to put that for him to [1:34:46] put that in. >> If I'm remembering correctly, it was [1:34:48] written that any sort of any cost that he incurs are paid through paid by [1:34:53] either the property owner or through the sale of the property. And there's a 20% [1:34:58] conservative fee. >> Okay. So you you we need that in place [1:35:03] before we approve this tonight potentially. [1:35:05] » I think it could be conditioned upon making sure you have that in writing. [1:35:08] » Okay. >> That you wouldn't authorize him to file [1:35:11] that until he has sent in that and you guys have given Chris the authorization [1:35:15] to go ahead and sign that engagement letter. [1:35:18] » Okay. >> Any other questions from the board? [1:35:22] » I'll just just so the board is aware. So, in speaking with Carl, his plan is [1:35:27] to try and do both the initial and final plan hearings all in all at once. And [1:35:34] the goal is to do demolition and return the property to grass. [1:35:39] » Okay. Any questions from the board? [1:35:43] » Yeah. Once the conservatives go through, they demolish, they do all of that. Um, [1:35:49] they the conservatives said try to sell the property. Obviously the owner if it [1:35:54] comes forth would have first refusal but if they don't come then the conservative [1:35:59] will sell the property. >> Well the owner retains the ownership of [1:36:02] the property. The conservator does excuse me the rehabilitative work. So [1:36:08] the owner it's my understanding that the owner gets presented with a bill for the [1:36:11] cost for demolition lawyers fees all that if they can't plus a 20% fee right [1:36:17] » for the conservator. If they cannot pay that, then they're then they sell the [1:36:21] property in order to sell the propert pay for the cost to do all that was [1:36:27] done. >> And what if the property is worth more [1:36:30] than what >> the money [1:36:33] that you can't find? >> Well, that again this there's going to [1:36:36] be more to this story. like we can't tell you exactly how this is going to [1:36:39] play out because in my mind too depending on what rights the tenant had. [1:36:44] He may still have property interests that may have to be notified of the [1:36:48] filing as well. So I don't know, we don't know. We're not they don't have a [1:36:52] requirement to give us copies of leases or to understand what property interest [1:36:56] John Izzy had as a tenant and then whoever he was leasing to for the [1:37:01] building. I think that person's walked away. But there definitely is going to [1:37:04] be other people that may who had property interest in the property that [1:37:09] want to see something happen there. So, I mean, it's going to be for Carl to [1:37:14] have to sort through. >> Well, we're going to be like kept [1:37:16] apprised with all of that, right? Forward. He's going to inform us if he's [1:37:21] made service and he's having trouble making service. [1:37:25] » Absolutely. >> Okay. I'll make a motion to approve the [1:37:30] conservative conservatorship petition for 726 East Gay Street and the uh the [1:37:36] filing of that uh to the court subject to a an agreement with the township in [1:37:44] Carl uh proved by Mr. Bashaw [1:37:49] conditions acceptable to the township. >> Okay. Is that reasonable? [1:37:54] » Yeah. >> All right. Is there a second? [1:37:57] » Second. Thank you. Is there any public comments [1:38:00] or questions on the motion? Very good. We'll take a vote. All in [1:38:05] favor say I. I. Is there any opposition hearing? That motion passes 4 Z. [1:38:12] Thank you. Agenda item number 10 is discussion and possible adoption of [1:38:16] ordinance number 5, 2026, approving amendments to the chapter 60 [1:38:22] pedaling and soliciting the West Ocean Township Code of Ordinances. Kristen. [1:38:27] » Yes. We presented this at the last meeting. This was something the chief [1:38:30] asked me to prepare. Chapter 60 is your solicitation ordinance and he was seeing [1:38:35] an issue with companies basically sending their employees out to do [1:38:40] without permits. So rather than just hold the person who was doing the [1:38:45] solicitation without the permit, the chief wanted an ability to actually site [1:38:49] the company that was sending these people. So, we added a paragraph to [1:38:53] section 60-1 of your chapter, which states that it's [1:38:58] unlawful for any person, company, or entity to employ or contract with any [1:39:03] person to engage in basically the solicitation of goods and services. So, [1:39:07] that's what's been added to 60-1. We did, because this is part of your [1:39:11] ordinance, we did have to advertise this part of the meeting as a hearing, and we [1:39:15] did that in the daily local news on August 24th. And I also sent a copy of [1:39:20] the ordinance for public inspection to the law library in the daily vocal. So [1:39:23] it's just adding one sentence to section 60-1. That's the extent of the change. [1:39:28] » Doesn't it doesn't it say your personal company to engage? [1:39:33] » It's just being for any person, company or entity to employ or contract with. [1:39:37] » What came in the factory was up was not the correct language. [1:39:41] » Yeah, this one says person. Okay. So >> I sort of deleted an updated version [1:39:46] yesterday. >> Oh, okay. [1:39:48] [clears throat] Any other questions from the board? [1:39:52] Okay, I'll make a motion to adopt ordinance number 5, 2026, [1:39:57] um, amending chapter 60 of the West Coast Township Code. Is there a second? [1:40:02] » Second. >> Thank you, Nate. Any public comment or [1:40:05] questions? Okay, we'll take a vote. All in favor say I. I. Is there any [1:40:09] opposition? >> Hearing none, the motion passes 4. [1:40:14] Agenda item number 11 is approval of the board of supervisors meeting minutes [1:40:18] from August the 4, 2026. I provided some typo corrections to [1:40:23] Chris. Has any other board member had any corrections or changes? [1:40:27] » Mr. Wman provided me a few corrections and I made all the changes. [1:40:31] » Okay. Okay. Well, I'll make a motion to approve the the uh board of supervisors [1:40:35] meeting minutes from August 4th with the changes to myself, Mr. Wman. Is there a [1:40:39] second? >> I'll second that. [1:40:41] » Thank you to you. Is there any public comments or questions? [1:40:44] Okay, we'll take a vote. All in favor say I. I. Is there any opposition? [1:40:49] Hearing none. The motion passes 40. Item number 12 is approval of the bills [1:40:55] to be paid. The general fund, the sewer revenue fund, the waste and recycling [1:40:59] fund, and the capital reserve fund. Does anyone on the board have any [1:41:03] questions about the bills list? [1:41:08] Chris, I had a question on check uh 6488 [1:41:15] to MK renovations. I believe you would that has now been addressed correctly. [1:41:20] » That's correct. >> So this current bill is not going to be [1:41:23] paid by that check number. >> Well, that yes, that check was issued. [1:41:27] However, it's going to be in speaking with Mr. Ko, it's going to be returned [1:41:31] to us and cancelled. >> Okay. [1:41:35] » All right. Is there any other questions? Okay, I'll make a motion to approve the [1:41:39] bills to be paid for the funds that I described with that change that uh we [1:41:43] just discussed. Is there a second? >> I'll second. [1:41:47] » Any public comments or questions on the bills list? [1:41:50] » All right, we'll take a vote. All in favor say I. I. Is there any opposition? [1:41:54] Motion passes 4. I move to a meeting at 7:45. Is there a second? Second. [1:42:00] » Thank you. All in favor of adjournment say I. [1:42:02] » I. Thank you everyone. [1:42:33] Do you touch my [1:42:51] What do I know? is not sh.