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. 1 Council Minutes – October 15, 2003 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. 2 Council Minutes – October 15, 2003 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 Pottsville Maroons instead of the Chicago Cardinals, reassessing a punishment that was not appropriate; and 3 Council Minutes – October 15, 2003 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 Shibe Park, 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 Pennsylvania. 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.