minutes thornbury township board of supervisors meeting ... · march 4, 2015 3 rustin’s business...

T H O R N B U R Y T O W N S H I P D E L A W A R E C O U N T Y

__________________________________

W W W. T H O R N B U R Y . O R G

BOARD OF SUPERVISORS: James H. Raith James P. Kelly Sheri Perkins Public Meetings 1st & 3rd Wednesday of each month

MINUTES Thornbury Township Board of Supervisors Meeting Wednesday, March 4, 2015

The Thornbury Township Board of Supervisors held a Public Meeting on Wednesday, March 4, 2015, at the Township Administration Building, 6 Township Drive, Cheyney, PA.

Chairman Raith called the meeting to order at 7:00 p.m. with a salute to the flag.

PRESENT: James H. Raith, Chairman James P. Kelly, Vice Chairman

Sheri L. Perkins, Supervisor Jeffrey Seagraves, Township Manager Geoffrey Carbutt, Township Secretary

Kenneth D. Kynett, Esq., Township Solicitor Michael Ciocco, PE, Township Engineer

Charles Faulkner, PE, Township Sewer Engineer

Number of Attendees: 5 APPROVAL OF CHECK REGISTERS On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, the General Fund check register in the amount of $72,389.00 for the period of February 19, through March 4, 2015, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, the Sewer Fund check register in the amount of $11,623.52 for the period of February 19, through March 4, 2015, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, the Escrow Fund check register in the amount of $1,500.00 for the period of February 19, through March 4, 2015, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, the Capital Improvement Fund check register in the amount of $8,931.00 for the period of February 19, through March 4, 2015, was approved. Chairman Raith called for public comment. There was no public comment.

Minutes – Board of Supervisors Public Meeting – March 4, 2015

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APPROVAL OF MINUTES

On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, the Wednesday, February 18, 2015 Work Session Meeting minutes were approved as presented. Chairman Raith called for public comment. There was no public comment.

BOARDS AND COMMISSSIONS

PARKS & RECREATION Joe Burke reported they did not meet last Tuesday but upcoming events include the Easter Egg Hunt & Decorated Egg Contest on March 28, Earth Day and the E-waste Collection on April 11, the Garage Sale on April 25, the Annual Dog Show on May 9, the New York City Bus Trip on May 16, Memorial Day Observance on May 25th and Founders Day on May 30. Joe mentioned recommendations for trash cans at Thornbury Park. He also mentioned working on more activities at Palmer Arboretum, such as a putting green and an Eagle Scout Bocce Ball court project.

HISTORICAL COMMISSION Ric Miller had nothing to report.

PLANNING COMMISSION

Vice Chairman Kelly mentioned speaking to their Chairman Jim Quinn, and that the Pipeline Ordinance review has been started. SEWER COMMITTEE Ted Jacquet was not present. Jeff mentioned waiting for their approved minutes. ENVIRONMENTAL ADVISORY COUNCIL Rich White was not present. Jeff mentioned the Lukenbach Trail maintenance on the 28th. LIBRARY BOARD Jean Mackenzie mentioned Owen Divers has been hired for the new External Affairs and Marketing position. She mentioned winter maintenance issues, the Bertucci’s fundraiser event will take place once a month on the 4th Thursday for the entire year and a Mother’s Day Plant Sale is scheduled for that weekend. JR. SUPERVISOR Nikki Avella reported the Rustin boys’ basketball team lost in the first round of playoffs against Ridley HS. The girls’ basketball team won the first round, then lost in the second round to Downingtown East. They then played in the consolation round and lost to Radnor ending their season. However, for the Chesmont league, Rustin won the American side but ended up losing the Chesmont title to Downingtown East; who lost to Shanahan in the championship.


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Rustin’s business class students went to DECA last week to compete. DECA is a career and technical student organization that prepares emerging leaders and entrepreneurs in marketing, finance, hospitality, and management in high schools and colleges around the globe. Many Rustin students advanced to the next round of competition and we wish them luck on their trip to Orlando, Florida in April. Chairman Raith thanked Nikki for her report. Vice Chairman Kelly mentioned the new Jr. Supervisor’s plaque.

AGENDA ITEMS

On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, the Wheatly Cottage Lease Agreement for the Thornbury Pre-School, between Christine Kirkland and Thornbury Township Delaware County, for the period of March 1, 2015 through July 31, 2020, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, funding the Annual Thornbury Township Scholarship Award in the amount of $1000.00, was approved. Chairman Raith called for public comment. There was no public comment.

On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, authorizing solicitation of bids for televised inspections of sewer sections as recommended by the Township Sewer Engineer, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, advertising for bids on the 2015 Sludge Hauling Contract, was approved. Chairman Raith called for public comment. There was no public comment.

On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, waiving the Historic Resource Impact Study on 369 Glen Mills Road, in accordance with the conditions recommended by the Township Historical Commission, was approved. Chairman Raith called for public comment. There was no public comment. On a motion by James Kelly, seconded by Sheri Perkins, and carried unanimously, a proclamation, designating the month of March 2015, as Red Cross Month, was approved. Chairman Raith called for public comment. There was no public comment. Chairman Raith detailed the history of Clara Barton and Disaster Relief and mentioned being on the Board for 12 years and Chairman for the past 4 years.

PUBLIC COMMENT

Ric Miller read a right to know synopsis detailing the misuse and burden of time and costs associated with Right-to-Know requests; The RTK law, if abused, has come to be a costly underwriting for townships and their residents. It has been found that the right to know law is easy to abuse because there is no cost cap associated with it. The RTK law puts unfair costs on township residents. Of the costs associated with fulfilling a right to know request, townships are allowed to recover a cost of 25 cents per 8 ½ x 11 paper copy. They are also allowed to recover reasonable


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postage. What they are not allowed to recover are any other costs involved in gathering the information, such as costs of township staff time or time spent by the Solicitor or Engineer or Accountant, etc.. Using this law, someone interested in researching the legal problem of a property or development, instead of them paying their own attorney and support staff, hundreds of dollars to tens of thousands of dollars, to maybe even 100’s of thousands of dollars, the burden of all costs except postage and copying, is now put on the township residents. How does that benefit the township residents? As with anything else, billable hours should be paid by the persons or entities they benefit. I don’t expect the entire township to pay for a subdivision review and approval that benefits only me. And we should not have to pay for an abuse of the Right to Know Law. Mr. Miller then asked three questions. Since the law went into effect, has there been an abuse or costly requests that did result in or is resulting in thousands, possibly tens of thousands of dollars that we, the township residents are paying for? Does this law take away valuable employee hours that are better spend on the health safety and welfare of our residents? Will you look into the possibility of our township listing all RTK requests and their associated costs, in a section on our website or in our newsletter? This will let us all be aware of who is taking advantage of the system. I am sure most residents in this township will want to know who is taking money from us. We could then build on the information to try to correct it. Chairman Raith responded by saying the only time we actually see the expenses incurred is when we are billed by our solicitor or engineer. It is very hard to determine the expenses incurred by the time it takes away from the Township employees. Also when someone asks for information sent electronically, we cannot bill for that and we are always paying a lot more money than we can ever recover. Chairman Raith then explained the other type of abuse associated with commercial companies seeking information as leads for their businesses, and that legislature is presently being drafted in an attempt to curtail that. Chairman Raith then added that we will look into somehow informing the residents on tracking these expenses.

STAFF REPORTS

TOWNSHIP MANAGER'S REPORT- Jeff Seagraves

The Township Manager’s Report was submitted and is attached. There was no comment on the manager’s report. Jeff reported that last Friday was the deadline for WSSD-3 payments or enter into a mortgage agreement. He also mentioned Rustin’s upcoming show. Lastly he mentioned Daylight savings time begins this Sunday. Sheri Perkins and Vice Chairman Kelly thanked Jeff. Chairman Raith reminded Jeff about Harriett Tuttle’s retirement. TOWNSHIP ROADMASTER’S REPORT – Lindsey Price Mr. Price was not present. The Roadmaster’s Report was submitted and is attached. There was no comment on the roadmaster’s report. Jeff Seagraves reported for Lindsey. On a motion by Sheri Perkins, seconded by James Kelly, and carried unanimously, the purchase of two Exmark Mowers from Conway Power Equipment of West Chester, under State Contract # 4400011382, for a total of $15,535.00, was approved. Chairman Raith called for public comment. There was no public comment. Chairman Raith explained the price had included a $10,000.00 trade in for the 2 older mowers. Jeff also mentioned Lindsey’s effort’s on salt acquisition. Vice Chairman Kelly also complimented Lindsey’s efforts.


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TOWNSHIP SOLICITOR’S REPORT – Kenneth Kynett, Esq. The Township Solicitor’s Report was submitted and is attached. There was no comment on the solicitor’s report. Ken mentioned the Duffer’s Zoning Hearing was rescheduled until April 16th. He also mentioned the approved Dutcher Easements. TOWNSHIP ENGINEER’S REPORT – Mike Ciocco, PE The Township Engineer’s Report was submitted and is attached. There was no comment on the engineer’s report. TOWNSHIP SEWER ENGINEER’S REPORT – Charles Faulkner, PE

The Township Sewer Engineer’s Report was submitted and is attached. There was no comment on the sewer engineer’s report. Chuck mentioned Municipal waste reports are due and is moving forward with the NPDES report.

ADJOURN

The meeting adjourned at 7:26pm Respectfully submitted, Geoffrey Carbutt, Township Secretary cc: Board of Supervisors Kenneth Kynett, Esq. Jeffrey Seagraves, Township Manager

MANAGER’S REPORT

3-4-15

1. I have reviewed the information provided by the Township Sewer engineer and would recommend that the board of Supervisors approve solicitation for bids to do light cleaning and camera inspection of the lines they have designated.

2. The sludge hauling contract is due to expire this year and I would recommend that the Board of Supervisors authorize the Township Sewer Engineer to prepare an RFP for a new contract.

3. We are working with six other municipalities to recognize a State Trooper the recommendation of Lt. Anthony Sivo for exemplary service to our communities.

4. We have completed the Lease agreement for the Thornbury Preschool. The lease has been signed and I am recommending that the Board of supervisors ratify that lease agreement. I have made arrangements for Harriet Tuttle to attend our meeting on March 18 to be recognized by the Board of Supervisors.

5. We received a recommendation from the Historical Commission regarding 369 Glen Mills Road. The HC has recommended that the Board of Supervisors waive the requirement for a historical impact study to be completed.

6. We received a letter from the Bayard Rustin High School Guidance Office inquiring if the Board of Supervisors intend to offer the Scholarship again this year. I would recommend the Board approve this award and authorize the township manager to return the scholarship questionnaire.

7. Friday 2-27-15 was the deadline for residents of WSSD-3 to either make full payment or enter into the mortgage agreement with the Township to finance the tapping fee of $9922.93. We currently have 4 residents that have chosen to finance through the township, 14 residents that have paid in full and 2 that have not paid but have indicated that they intend to pay in full this week.

8. We would like Board of Supervisors to entertain a proclamation to celebrate month of March as Red Cross Month.

9. The Zoning hearing scheduled for Monday March 2, 2015 was rescheduled. As of the writing of my report, the tentative date is set for Thursday April 16, 2015 at 7:00 PM.

10. I rescheduled my plumbing inspection test for Thursday march 5, 2015 at 2:00 PM. 11. I have a meeting scheduled with Christine Sharbaugh, a prospective buyer for 128 Glen Mills

Road to discuss potential uses for that property.

THORNBURY TOWNSHIP Public Works Department Report – Week Ending February 27, 2015

1. Snow events – see attached Snow Removal Report.

2. Cleaned and washed equipment.

3. Met with Ric Miller of Historical Commission at 90 Station Road to retrieve collectible tools. Ric took photos and catalogued items. The items are being stored at Ric’s warehouse for safekeeping.

S:\BOS Meetings 2015\030415 Public Meeting\18Z5458-MAR 4TH 2015 SOLICITOR'S REPO.DOC

PETRI KI N, W ELLMAN, DAMI CO , BRO W N & PETRO SA A P R O F E S S IO N A L C O R P O R A TIO N

A TTO R N E YS A N D C O U N S E L O R S A T L A W

TH E W IL L IA M P E N N B U IL D IN G 1 0 9 C H E S L E Y D R IV E J O S E P H A . D A M IC O , J R . M E D IA , P A 1 9 0 6 3 M A L C O L M B . P E TR IK IN J O H N W . N IL O N , J R . ^ ( 1 9 3 4 - 1 9 9 5 ) D O N A L D T. P E TR O S A J O H N W . W E L L M A N S TE V E N A . C O H E N ( 1 9 5 1 - 2 0 0 2 ) D E N IS M . D U N N * S TE V E N G . B R O W N M A R K D . D A M IC O ( 1 9 7 0 - 2 0 1 0 ) K E N N E TH D . K YN E TT* H . F IN TA N M c H U G H * 6 1 0 - 5 6 5 - 2 6 7 0 C H A R L E S G . M IL L E R * F A X 6 1 0 - 5 6 5 - 0 1 7 8 * A L S O M E M B E R N E W J E R S E Y B A R February 25, 2015 D i r e c t D i a l : 6 1 0 - 8 9 2 - 1 8 7 6 ^ A L S O M E M B E R N Y B A R a n d IN TE R N A TIO N A L TR A D E C O U R T E m a i l : k d k @ p e t r i k i n . c o m

Township Solicitor, Kenneth D. Kynett Esquire, files the following report for March 4th, 2015: 1. Public Sewer – Confirmed with Township that pay-off of sewer assessment at sale of 9 David Drive did not require additional filings or recordings by Township. 2. Duffers Tavern – Will attend Zoning Hearing scheduled for March 2, 2015 and will update the Board at the Public Meeting.

3. Dutcher Property – Reviewed easements and stormwater declarations and forwarded comments to the Township for distribution to the Developer. 4. Thornbury Preschool – Worked with Township Manager to draft a new lease for the Wheatley Cottage in connection with the proposed sale and purchase of Thornbury Preschool. 5. Right to Know Requests – Reviewed additional RTK requests from (a) Andover Homeowners Association; as well as (b) an RTK request from a records assembling company for delinquent real estate tax information, for response by Township Open Records Officer.

Catania Engineering Associates, Inc.

Consulting Engineers and Land Surveyors

520 W. MacDade Boulevard

Milmont Park, PA 19033-3311 Phone (610-532-2884)

Fax (610-532-2923)

REPORT OF THE ENGINEER March Regular Meeting March 4, 2015 Work completed for the period: Grading and Road Encroachment Permits – Reviewed several plans for grading and road encroachment. Continuing construction inspections of various properties. Andover – We have received information for concrete restoration in lieu of replacement. The developer is working on getting additional sample location information together for our review in the field. It would appear all other work will be completed in the spring. Planning Commission – Continued working with members on Pipeline Ordinance. Wills - No further submission has been received. Lawler Subdivision - Awaiting revised plans. Dutcher Subdivision and Land Development – Plan review complete. Reviewed easements with Solicitor and awaiting revisions. Crane Property – No further action by the Developer. Estate of Ruth Redding - 158 Locksley Rd – 3 Lot Subdivision Sketch plan received and discussed at Planning Commission. Romill Associates – Work on the retaining walls and related fencing and storm sewers is continuing. Excavation for the building foundation and general site grading continues in Chadds Ford. Mill Creek – Awaiting work to continue in the spring. 103 Locksley Road – Provided guidance to Township as requested. Barrett’s Meadow – Awaiting information from PADOT based on previous meeting in December. Road Program 2015 – Executed County Aid Resolution was forwarded to the County for consideration. Continue to work with the Roadmaster to provide preliminary list. 3 Keswick Drive – Reviewed drainage plans and offered guidance to applicant towards closeout of the related grading permit. Concord Chase – Reviewed basin grading plans for maintenance requirements.

2/26/2015 THORNBURY TOWNSHIP

General Fund Check Detail

From February 19, 2015 to March 4, 2015

Type Date Name Account Paid Amount

LAST CHECK DATED 2/18/2015

Check 02/28/2015 PRINCIPAL FINANCIAL GROUP 100.200 · National Penn - Checking

483.000 · INS-Pension Plan Contributions -715.25

483.000 · INS-Pension Plan Contributions -1,033.20

483.000 · INS-Pension Plan Contributions -690.56




-6,469.02

Check 03/04/2015 DELAWARE COUNTY CONSORTIUM 100.200 · National Penn - Checking

406.420 · ADMIN-Dues/Subscrptn/Membership -100.00

-100.00

Check 03/04/2015 ABC PAPER & CHEMICAL INC. 100.200 · National Penn - Checking

454.373 · REC-Thornbury Park - General -40.00

406.210 · ADMIN-Office Supplies -21.87

-61.87

Check 03/04/2015 DEBRA KELLEY 100.200 · National Penn - Checking

409.317 · MAINT-Cleaning Services -135.00





-675.00

Page 1 of 6





Check 03/04/2015 INDEPENDENCE BLUE CROSS 100.200 · National Penn - Checking

487.100 · INS-Medical Plan Premiums -830.24

487.100 · INS-Medical Plan Premiums -1,807.76






487.100 · INS-Medical Plan Premiums 2,490.72


-8,784.35

Check 03/04/2015 LUCKY SIGN SHOP 100.200 · National Penn - Checking

433.000 · PWD-Traffic Signs -300.00

409.377 · MAINT-Other Twp Property -160.00

-460.00

Check 03/04/2015 PENNONI ASSOCIATES INC. 100.200 · National Penn - Checking

Orleans Builders:Preserve at Squire Cheyney Farm 408.311 · ENG-Reimbursable Fees -2,231.25

Cutler Group, Inc.:Mill Creek Subdivision 408.311 · ENG-Reimbursable Fees -27.50

Gricco, Joseph 408.311 · ENG-Reimbursable Fees -214.00

Audi Dealership 408.311 · ENG-Reimbursable Fees -1,188.50

408.310 · ENG-Non-Reimbursable Expense -440.00

-4,101.25

Page 2 of 6





Check 03/04/2015 PA RECREATION & PARK SOCIETY 100.200 · National Penn - Checking

451.301 · REC-PRPS Ticket Reimbursement -616.00

-616.00

Check 03/04/2015 REINO'S PRINT AND COPY CENTER 100.200 · National Penn - Checking

406.329 · ADMIN-Newsletter Expense -3,449.80

-3,449.80

Check 03/04/2015 REINO'S PRINT AND COPY CENTER 100.200 · National Penn - Checking

406.215 · ADMIN-Postage Expense -507.33

-507.33

Check 03/04/2015 STANDARD INSURANCE COMPANY 100.200 · National Penn - Checking

487.000 · INS-Disability Insurance -67.79






406.390 · ADMIN-Bank/Credit Card Chgs -20.00

-618.33

Check 03/04/2015 SUE HOWAT 100.200 · National Penn - Checking

406.210 · ADMIN-Office Supplies -84.97

-84.97

Page 3 of 6





Check 03/04/2015 OCEANPORT LLC 100.200 · National Penn - Checking

432.200 · PWD-Snow & Ice Supplies -4,515.34


-7,167.17

Check 03/04/2015 THE GRAFTON ASSOCIATION 100.200 · National Penn - Checking

414.310 · PC-Professional Services -275.00

-275.00

Check 03/04/2015 UNLIMITED TRUCK FABRICATION 100.200 · National Penn - Checking

406.374 · ADMIN-Veh/Equpmt Operating Exp -1,184.73

-1,184.73

Check 03/04/2015 J. ROBERT HAINES 100.200 · National Penn - Checking

414.401 · ZHB-Reimbursable -35.00

406.331 · ADMIN-Mileage Reimbursement -3.74

-38.74

Check 03/04/2015 SCOTT CANNON 100.200 · National Penn - Checking



-37.30

Page 4 of 6





Check 03/04/2015 GEORGE MORLEY 100.200 · National Penn - Checking



-38.45

Check 03/04/2015 DEB ZITARELLI 100.200 · National Penn - Checking

414.300 · PC-General Expenses -104.99

429.200 · SWC-Sewer Comm-Gen Expense -50.00

414.400 · ZHB-General Expenses -35.00


-233.12

Check 03/04/2015 INDEPENDENCE PERSONAL CHOICE 65 PPO 100.200 · National Penn - Checking


-901.85

Check 03/04/2015 MERVES AMON & BARSZ LLC 100.200 · National Penn - Checking

402.311 · AUDIT/TREAS-Treasurer Fees -3,369.00

-3,369.00

Check 03/04/2015 SELECTIVE INSURANCE COMPANY 100.200 · National Penn - Checking

486.000 · INS-Township Insurance/Bonding -1,374.80

484.000 · INS-Workers Compensation Ins -2,313.00

-3,687.80

Page 5 of 6





Check 03/04/2015 GEOFF CARBUTT 100.200 · National Penn - Checking


-23.00

Check 03/04/2015 KNIGHT BROS., INC. 100.200 · National Penn - Checking

432.000 · PWD-Snow & Ice Removal -11,681.75

432.000 · PWD-Snow & Ice Removal -16,495.00

-28,176.75

Check 03/04/2015 OCEANPORT LLC 100.200 · National Penn - Checking


-1,328.17

Board Approval: $72,389.00

James H. Raith, Chairman

James P. Kelly, Vice Chairman

Sheri L. Perkins, Supervisor

Page 6 of 6


Sewer Fund Check Detail




Check 02/28/2015 100.014 · Bryn Mawr Trust Sewer Chkg

429.390 · ADMIN-Bank Service Charges -75.00

-75.00

Check 03/04/2015 Chemical Equipment Labs of VA, Inc. 100.014 · Bryn Mawr Trust Sewer Chkg

429.222 · OPER-Chemicals/Filters -1,336.92

-1,336.92

Check 03/04/2015 Delcora 100.014 · Bryn Mawr Trust Sewer Chkg

429.000 · OPER-DELCORA -5,808.20

429.374 · OPER-Repairs and Maintenance -851.22

-6,659.42

Check 03/04/2015 Tri-County Pest Control 100.014 · Bryn Mawr Trust Sewer Chkg

429.374 · OPER-Repairs and Maintenance -70.00

-70.00

Check 03/04/2015 Pennoni Associates 100.014 · Bryn Mawr Trust Sewer Chkg

429.377 · OPER-Cleaning & TV Inspection -525.00

429.313 · ADMIN-Engineering services -700.00



-2,093.00

Page 1 of 2


Sewer Fund Check Detail



Check 03/04/2015 Selective Insurance 100.014 · Bryn Mawr Trust Sewer Chkg

429.351 · ADMIN-Insurance Expense -589.20

-589.20

Check 03/04/2015 Aqua Wastewater Management, Inc. 100.014 · Bryn Mawr Trust Sewer Chkg

429.365 · OPER-Sludge Hauling -799.98

-799.98

Board Approval: 11,623.52$




Page 2 of 2


Escrow Fund Check Detail




Check 03/04/2015 Thornbury Township General Fund 100.000 · Escrow Disbursement

236.100 · 236.100 - 25 Broomall Lane -500.00

-500.00

Check 03/04/2015 Thornbury Township General Fund 100.000 · Escrow Disbursement

236.091 · 272 Glen Mills -500.00

-500.00

Check 03/04/2015 Rochelle Pagano 100.000 · Escrow Disbursement

236.104 · 65 Westtown Road -500.00

-500.00





Page 1 of 1


Capital Improvement Fund Check DetailFrom February 19, 2015 to March 4, 2015



Check 03/04/2015 Haws Masonry LLC 100.000 · National Penn Capital Improvmnt

454.720 · Park Expenses - other than Land -8,931.00

-8,931.00





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minutes thornbury township board of supervisors meeting ... · march 4, 2015 3 rustin’s business...

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