Council Minutes – October 15, 2003

In Attendance: Paul Fitzpatrick Anne Carroll Diane LeBold Andrew McIntyre Barbara McIlvaine Smith Maria Chesterton Mayor Dick Yoder

Mr. Fitzpatrick called the meeting to order at 7:00 pm and Ms. Chesterton led those in attendance in the Pledge of Allegiance.

Mayor Yoder announced upcoming events including the West Chester University Homecoming Parade, West Chester Recreation Halloween Parade, Veterans Parade, Boy Scouts Distinguished Service Award being presented to George Ruggeri, West Chester Community Center luncheon honoring former Mayor Clifford DeBaptiste, West Chester Senior Center Gala honoring David Knauer and Elinor Taylor, Chester County Art Center Fund Raising Gala, Gay Street School Alumni Association meeting and the Community Center Citizens of the Year Award event honoring the three County Commissioners.

Ms. Chesterton reported that there will be a movie shown in Veterans Park on October 25th. Last month the Friends of Veterans Park held a flea market and the group is looking forward to the new play equipment to be installed in the park.

Ms. Smith reminded all to vote on November 4th.

Mr. McIntyre stated that with the new municipal election approaching up he felt it pertinent to point out that it is his experience on Council that you cannot fix all of the problems. He noted the Southwest Neighborhood Association held a successful block party on October 5th and that event gave him a true sense of accomplishment as it brought the neighborhood together.

Ms. LeBold commended Mr. McIntyre for his help organizing the Southwest Association of Neighbors and noted that there is also a new citizens group recently formed the East End Neighborhood Association. That makes 5 functioning neighborhoods groups which is a sign of a healthy community. She encouraged everyone to vote on November 4th and on a sad note stated that Mr. Scott could not attend this evening due to his Aunt passing away but our thoughts are with him.

Ms. Carroll seconded the condolences for Mr. Scott and also reported regretfully that Dr. Hugh Abernathy, local pediatrician recently passed away and he served the community and took care of many West Chester children and will be missed.

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Ms. Carroll urged all to attend the October 22nd Let’s Talk Trash meeting which is designed as an opportunity to inform and gain input on any and all possible changes to the trash program. The Borough has both the environmental and budgetary problem with growing trash volume and decreasing recycling volume. These have long-term consequences for the Borough and it is hoped Council will gain valuable citizen input at this meeting.

Mr. Fitzpatrick encouraged all to vote and recalled an excellent Industrial Heritage Day Ceremony held at Alliance Environmental last month that caused us to remember that West Chester was once a blue-collar manufacturing town.

Mr. Fitzpatrick noted the recent wind storm has caused trees to be down throughout the Borough and the large fire that damaged 3 buildings at Gay and Walnut have put Borough services to the test and it is heartening to remark that all of the departments responded well and he thanked them for their efforts.

Christine Wilbur, Lorgus Flower Shop complained that some trees on the Market Street Project have not been removed while others have and contended that all of the trees should have been removed and replaced. Secondly she complained about sections where concrete was left instead of brick, particularly in front of the F&M Building looks bad, plus the project is taking too long, is hurting business, traffic has been a nightmare and the overall project has been difficult for downtown businesses.

Mr. Fitzpatrick stated that the intent was to save any trees that could be saved and replace the others with new trees and he offered to meet with Ms. Wilbur and talk about the project.

Ms. LeBold moved for discussion purposes to approve the request by Bruce Marra for authorization to install a clock in the right-of-way at 106 S. Church Street, motion seconded by Ms. Chesterton.

Ms. LeBold noted that the request could be approved with an Indemnification Agreement but is concerned about the issue of having the business name on the clock. She suggested Council could approve this request then adopt a policy to prohibit any further clock installation in the right-of-way until a specific policy is adopted.

Ms. Carroll stated that this clock does meet the definition of a business sign according to the zoning code and it is difficult to make case-by-case decisions without a policy. She stated she could not support the motion as it creates a slippery slope for advertising on the clock and allowing it to be installed in the right-of-way. She reminded Council members that if there is an approval of this request it should be made contingent upon HARB review.

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Ms. Smith stated that she is undecided on this issue and recalled the example of the Senior Center asking Council to take over ownership of decorative sidewalk lights they had installed and perhaps the Borough does not need these private items installed in the right-of-way. She stated she would oppose the action.

Ms. Chesterton agreed that this is a business sign and therefore she cannot agree with it being installed in the right-of-way.

Mr. McIntyre noted that Council did approve one on High Street but it does not have a business name on the face, this one is clearly a sign.

Mr. Fitzpatrick stated that Mr. Marra has waited quite a while for an answer to his request so Council should act but he agreed that there is no need for more signs in the public right-of-way.

Mr. Fitzpatrick noted that Council could have the PZBID Committee consider a policy for allowing such requests in the future.

Upon consideration by roll-call vote: Chesterton, no; Smith, no; McIntyre –no; LeBold – yes; Carroll –no; Fitzpatrick –no. Vote 1-5.

Mr. Fitzpatrick opened the Public Hearing on the Local Law Enforcement Block Grant funds and their use and asked if there was any public comment on the proposal to use $11,238 for police use of force training and $10,000 for police overtime. There being no public comment, the hearing was closed.

Ms. LeBold moved to authorize expenditure of the LLEBG Grant of $21,238 as recommended, motion was seconded by Ms. Smith.

Ms. Carroll noted that the Borough has an advisory board that recommends how to use these funds and that board includes representatives from the D.A., Police Department, District Justice and others.

Upon consideration by roll-call vote: Chesterton, yes; Smith, yes; McIntyre – yes; LeBold – yes; Carroll – yes; Fitzpatrick – yes. Vote 6-0

Mr. Fitzpatrick stated that he would if there is no objection add an item to the Agenda which is a resolution requested by the City of Pottsville pertaining to the 1925 NFL championship that was taken away from a Pottsville team. He then read proposed resolution #25-2003 as follows:

WHEREAS, the NFL is looking into awarding the 1925 championship to the instead of the Cardinals, reassessing a punishment that was not appropriate; and

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WHEREAS, in 1925 the Pottsville Maroons defeated the Chicago Cardinals 21-7 at Cominskey Park where the Cardinals were heavily favored, this win earned Pottsville the 1925 NFL Championship; and

WHEREAS, the Chicago tribune declared that the “Pottsville Maroons are the greatest football team of all time.” Pottsville achieved an impressive season record of thirteen wins and two losses; and

WHEREAS, the Maroons defeated the Notre-Dame all-stars in a post-season game located at , the home field of Pottsville’s arch rivals the Frankford Yellow Jackets. This victory led to the filing of a complaint by Frankford after the official close of the season. The complaint was a trivial matter, relating to the supposed infringement on Frankford territory by Pottsville; and

WHEREAS, as a result of this complaint NFL President Joe Carr fined Pottsville $500.00, stripped the Maroons of their championship and returned the franchise to the league; and

WHEREAS, The Council of the City of Reading strongly believes that the circumstances that led to the removal of the Championship were not grave enough to warrant such drastic action. The Council of the City of Reading also appreciates all the effort that has been expended over the past 76 years to right this very obvious wrong.

NOW, THEREFORE BE IT RESOLVED this 15th day of October 2003 by the Council of West Chester Borough respectfully asks the NFL to take an honest look at all available evidence and restore an award that was wrongly taken away from the Pottsville Maroons, Pottsville residents and the Commonwealth of .

Ms. LeBold moved to adopt proposed Resolution #25-2003, motion was seconded by Ms. Chesterton.

Upon consideration by roll-call vote: Chesterton, yes; Smith, yes; McIntyre – yes; LeBold – yes; Carroll – yes; Fitzpatrick – yes. Vote 6-0

Ms. Smith moved to propose an amendment to the administrative code to create a separate parking department and also to authorize the position of Director of Parking with a salary range of up to $58,000. Motion was seconded by Ms. LeBold.

Ms. Smith stated that the time has come to create a full Director position to oversee parking. This department has 6 full time enforcement officers, 1 ½ part-time officers, 2 clerical persons, it will have 4 parking garages to manage plus all the spaces and lots throughout the Borough. There has been a need for quite some time for one person to focus on parking in the Borough and she felt that this is an opportune time with a vacancy in the parking services division to upgrade and make a full Directors position. There is a perception that West Chester has a parking problem while based on current parking supply that is not true and it is hoped that a full time Director can help to alleviate that misperception. 4 Council Minutes – October 15, 2003

Ms. Carroll thanked her colleagues on Borough Council for helping her to understand the concept of this position and salary range. It is being created as a full Directors position, comparable to other Directors in Borough Departments and there is a need to establish some parity between like positions. She thanked Council and noted that it is always needed to share ideas and express positions in order to arrive at the best decision.

Ms. Chesterton stated she is looking forward to the new position being filled as there is need for someone to work full-time on parking, which is such an intense issue in West Chester. This person should help Council work through the various parking problems that regularly confront this body.

Mr. Fitzpatrick stated that the person who is hired for this position will certainly need thick skin.

Upon consideration by roll-call vote: Chesterton, yes; Smith, yes; McIntyre – yes; LeBold – yes; Carroll – yes; Fitzpatrick – yes. Vote 6-0

Mr. Fitzpatrick stated that the next item is the Consent Agenda where all items will be considered together unless there is a request for separate consideration.

Ms. Carroll asked that Council separately consider item 7d – a resolution establishing a policy to prohibit future requests to expand sidewalk areas to create space for outdoor cafes or related business use where that removes parking space until the policy is revised by Council.

Ms. Carroll moved to adopt Resolution #24-2003 establishing that policy but revising the “Now Therefore It Be Resolved” clause to reflect that the policy would be in effect unless it is revised and another policy citing specific criteria and rationale is put into place by Borough Council. Motion was seconded by Ms. LeBold.

Ms. Carroll noted that future Councils can do as they wish but hopefully this resolution will force them to site a reason and rationale.

Upon consideration by roll-call vote: Chesterton, yes; Smith, yes; McIntyre – yes; LeBold – yes; Carroll – yes; Fitzpatrick – yes. Vote 6-0

Ms. Carroll moved to approve the Consent Agenda items a-c and e-p as follows:

a. Approve the Public Works Committee recommendation to defer completion of the Dean Street Stormwater Project for the section along the unopened right of way and to apply the budgeted grant funds for reconstruction of Hillside Drive. b. Accept the Planning Zoning Business and Industrial Development Committee recommendation to approve HARB Certificates of Appropriateness as follows: 1. 301 N. High Street – porch – approve with conditions 5 Council Minutes – October 15, 2003

2. 232 W. Gay Street – back porch – approve with conditions 3. 125-127 N. Church Street – sign, trim, doors – approve with conditions 4. 38 E. Market Street – Subway Sandwich – sign – approve subject to the sign originally approved being mounted out from the building façade on it’s original backing with the lower border even with the bottom of the frieze. New HARB review required if sign replaced or substantially repaired. c. Consider the consultant proposals received 10-9-03 for the HARB Historic District Nomination Project and approve the HARB Committee recommendation to award the contract to Historic York Inc. for $18,000. e. Approve the Finance Committee recommendation to allocate $9,062 from the state foreign fire insurance funds to the Good Fellowship Volunteer Relief Association and $91,585.91 to the West Chester Fire Volunteer Relief Association. f. Approve the Finance Committee recommendation to schedule a special Council meeting on November 12,2003 at 7pm to propose a 2004 Budget. g. Accept the Parking and Traffic Committee recommendation to approve the following parade special event permit requests all subject to Police Dept. comment and conditions: 1. Chamber of Commerce - Old fashioned Christmas parade 12-5-03 2. CC Pro Life Coalition – March –1-18-04 3. Brian’s Run – 12-7-03 h. Accept the Parking and Traffic Committee recommendation to propose an ordinance approving the request for resident permit parking on S. Walnut Street between Miner Street and Cedar Alley, both sides, 8am to midnight, M-F also to remove this block from the permit program that allows residents to park without feeding meters on S. Walnut St. or E. Miner St. plus remove the parking meters from Miner St. to Cedar Alley. i. Accept the Parking and Traffic Committee recommendation to propose an ordinance approving the request for resident permit parking on West Biddle Street the north side between High Street and Church Street, 8am to 5pm M-F. j. Accept the Parking and Traffic Committee recommendation to approve the following requests regarding handicap parking spaces by 90-day order. 1. 142 E Union Street Angel Nieves – to be located on S. Matlack St. k. Approve the Parks Recreation and Environmental Protection Committee recommendation to appoint candidates to the Tree Commission as follows: Joan Welch term to expire January 2007, Jennifer Snell term to expire January 2006. l. Approve the request by Henderson HS for a revised Homecoming Parade special event permit date of Nov. 1,2003 m. Approve authorizing execution of a renewed lease agreement with Chester County for the “Spaz” Lot #6 - $29,000 in 2004, $30,450 in 2005 and $31,950 in 2006. n. Approve the Planning Zoning Business and Industrial Development Committee recommendation to authorize the Borough Solicitor to oppose Zoning Hearing Board appeals # 690- 711 S. Matlack Street, #691- 411 S. Walnut Street & # 693- 734 S. Walnut Street. o. Approve the minutes of the Borough Council Meeting of September 17,2003. p. Consider the bids received 10-14-03 for Soda Ash and Fuel Oil and miscellaneous used autos and award to low bidders for soda ash and fuel oil and the high bids for used autos.

Motion was seconded by Ms. LeBold.

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Upon consideration by roll-call vote: Chesterton, yes; Smith, yes; McIntyre – yes; LeBold – yes; Carroll – yes; Fitzpatrick – yes. Vote 6-0

Meeting adjourned 8:05 pm.

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