Minutes Borough Council Meeting June 16, 2010

In attendance: Holly Brown, Sue Bayne, Chuck Christy, Cassandra Jones, Jim Jones, Tom Paxson, John Manion, Mayor Carolyn Comitta

Ms. Brown called the meeting to order at 7:30 PM and Mr. Manion led those in attendance in the Pledge of Allegiance

Mayor Comitta congratulated the Henderson Boys Baseball team for winning the state championship in Altoona. Mayor Comitta thanked John Manion for leading the Dub-C. Four mile race last Friday it was a good cause and a well-run event. Mayor Comitta noted that Jason Francart the perspective police officer has completed all of his screening tests will be giving his current employer notice and will be sworn in as a West Chester police officer as soon as possible councilmembers will be invited to the event. Finally Mayor Comitta noted the article in Nations Cities Weekly regarding the Livable Communities Act sponsored by Sen. Dodd which aims to improve coordination between housing and environmental policies.

John Manion thanked Mayor Comitta for starting the race last Friday there were 750 entrants in the event raise several thousand dollars for Down's syndrome. Mr. Paxson noted there will be a fundraiser on June 27, 2010 to assist Jimmy Johns to get back into business.

Mr. Jones noted the Chester County Town Tours and Village Walk program began last Thursday in Westchester and it is a good program that will be moving to other areas. Ms. Jones commended Malcolm Johnstone, the Business Improvement District and the Downtown Foundation for an excellent Up On The Roof event, she thanked all who supported and attended the Habitat for Humanity dedication and thanked Jim Jones for joining the tour of her neighborhood.

 Mr. Christie urged all to check on the elderly in their neighborhoods during the current heatwave.

Ms. Bain noted state library funding has been cut and noted several opportunities for participants to help the library raise funds that are being sponsored by Barnes & Noble and also Boscov's.

Ms. Brown noted she missed the Up On The Roof program to attend a reunion in Washington DC and had the opportunity to visit the Vietnam Memorial and other memorials in DC which was a very interesting experience.

Ms. Brown noted Council will now consider the application for the West Chester University Student Recreation Center final land development plan.

Ms. Bain stated she felt the traffic study should have made recommendations for improvements to the intersections of high and Rosedale Avenue noting that while it is somewhat removed from the recreation center is a troubled intersection that has traffic problems it was discussed that the development in West Goshen had made recommendations for the high and Rosedale intersection including suggested timing changes but this recreation Center plan should have also included recommendations she stated she has no problem with the recreation center building only with that oversight in the traffic study.

Mr. Jones stated there are different university projects moving forward at different paces and they all do traffic studies there really is a need to mash them all into a comprehensive study to use for future consideration of projects.

Ms. Brown stated that it's a good suggestion for the future but not a provision required for the current land development application.

Mr. Christie noted the earlier study that examined this entire cord or and it is clear that most traffic coming through the intersection is coming from the southwest area outside of the bar of and at the traffic problems at the intersection cannot be solved by looking only at that intersection.

Ms. Bain stated she understood there is no one fixed to the problems at the intersection but there is a need to begin work to work towards those solutions.

Brian Nagel representing West Chester University stated the university understands the concerns about high and Rosedale Avenue and has expressed a willingness to meet with the borough and discuss future solutions. The recreation center is not impacting that intersection so it really is a separate matter. The recreation center has conditional use and preliminary land development approval and they have demonstrated compliance with all codes as well as satisfied borough consultant reviews. He noted he is requesting borough council grant final approval this evening.

This Jones asked if they had addressed all of the issues in the Gillmor letter.

Brian Nagel stated the University consultants have addressed all of the issues in the review letter additionally the planning commission determined that the high and Rosedale intersection is not relevant to this application. The issue should not be a part of this land development approval and should be discussed separately between the borough and the University. Ms. Jones noted the planning commission approved the development subject to mutual agreement with the borough traffic engineer regarding intersections to be reviewed.

Brian Nagel responded the borough engineer asked for recommendations on to intersections and those intersections were addressed.

Al Federico traffic engineer for West Chester University stated the borough had requested recommendations for the intersections of high and Sharpless Street as well as for Price and Church Street those entered intersections were addressed in the report.

Mr. Manion moved to approve the final land development plan as recommended by the planning commission contingent on a final approval letter from borough engineer Joe Moore Associates the motion was seconded by Mr. Christie and considered by roll call vote Mr. Manion yes Mr. Paxson yes Mr. Jones yes Ms. Jones yes Mr. Christie yes Ms. Bain know Ms. Brown yes motion approved 61.

This Brown stated the next item is to consider proposed resolution number 10 -- 2010 revising the borough fee schedule to establish the rental unit permit fee for the 2010 -- 2011 licensing. At $43.33 per unit and noted this action was tabled from the May 26, 2010 meeting.

Ms. Brown noted Council could choose to establish the fee at $43.33 per unit or could round down to $43 and simply promised to round up next year.

Mr. Jones stated he is not impressed with a non-binding promise to round up next year and that the $43.33 fee uses a strict interpretation of the Sanchez court decision formula. He noted that if the codes enforcement officer had been present all year the fee would be $43.92. The standard for fees according to the court is whether the fee is grossly disproportionate but it does not have to be exact. The court in the earlier decision found that $42 was disproportionate but $36 was not he found that the correct fee was between 25 and $35. He stated it is his opinion based on the court reading that $44 would not be disproportionate. Borough Council as far back as 2005 had calculations that showed the fees should be as much as $44 but has left it at $42 foregoing revenue. He stated he thinks the borough has left as much as 35,000 on the table over the years and therefore it would be okay to increase the fee to $44 for the coming year.

Ms. Brown noted the points Mr. Jones is making are valid but this commerce Asian is being held without any of the landlords who have a vested interest being present.

Mr. Manion recalled council discussed parking permit fees and thought that a $10 permit fee was exorbitant and yet in this case with these rental fees there is a formula behind the calculation and while Mr. Jones logic is well supported Burr Council should not overreact in setting this fee.

Jones stated the difference in this is that the rental permit fee is a small cost to a large business.

Ms. Bain stated the discussion has been whether counsel should round down or up the $.33 in order to avoid confusion.

Ms. Bain moved to adopt resolution number 10 -- 2010 establishing the rental permit fee for the 2010 2011 year at $43.50.

Motion was seconded by Mr. Paxson.

Considered by roll call vote Mr. Manion yes Mr. Paxson yes Mr. Jones yes Ms. Jones yes Mr. Christie yes Ms. Bain yes this Brown yes motion approved 70.

Ms. Brown noted the next item is the request by limo and cello restaurant seven -- 9 N. Walnut St. to install a temporary sidewalk dining area platform in the Walnut Street parking lane right-of-way adjacent to the restaurant subject to payment of the eight dollars per day parking space fee, execution of a appropriate indemnification agreement and contingent on receipt of a concurrence petition from other businesses on the block. It is noted that the required petition was submitted last night.

Mr. Jones stated one owner on the block did not favor the proposal and this is taking a parking space the belongs to all for use by one entity. He stated he worries about using Burr resources for one private entity.

Mr. Paxson stated Council is looking into designating a loading zone north of the alley which would add back the one lost space to the block and additionally the new parking garage will soon open one block away. He stated he is satisfied the applicant has made their case and understands there is a need to be careful and judge each request as a pro crit. Ms. Bain stated she appreciated the concern of both lemons live and cello and the one business who opposed the petition. Counsel could table the request until the examination of the possible loading zone north of the alley can be determined there is no real need to rush this approval.

Ms. Jones stated Council approved this same request last year after discussing it for months and the applicant had to return this year for a new annual approval. It is difficult to consider the needs of one business owner over another Council must judge what's best for all businesses and everyone cannot always park exactly where they would like to park. The borough will be opening a new parking garage soon and the one space in question is typically occupied by the restaurant owners own vehicle.

Ms. Bain stated the approval last year was not unanimous.

Mr. Christie stated it takes $30,000 to build this platform and if Council delays the approval much longer the restaurant owner applicant will miss the entire season. Burr Council should give the applicant and answer we have talked to many of the businesses and approve the same request last year. Burr Council should grant approval to allow the installation again this year.

Ms. Bain cautioned the platform must come out at the end of the season.

Mr. Jones noted the approval last year was clearly for only one season and the applicant new the approval has to be renewed every year.

Mr. Jones noted the $30,000 estimate equals a cost per square foot of approximately $82 which seems very costly.

Mr. Minn Greenough forelimb and cello noted the cost estimate includes the new sidewalk as well as the platform cost explaining that the platform cost was more in the neighborhood of $20,000.

Ms. Brown recalled that Council approved permanent sidewalk extensions for several restaurants in town and it was she who had suggested that is a shame to lose those parking spaces all year when they are really only use part-time for outdoor dining. That is when at her suggestion Dr. Maghrib and restaurant designed a temporary platform that could be used in the parking space only when needed for outdoor dining. This brings the outdoor dining and beyond to the downtown it brings additional diners to the downtown and benefits all residents and businesses.

Mr. Christie stated Council requires a new approval and review each year in order to address any safety concern concerns and to make sure the temporary platforms are working as they should.

Ms. Bain stated the approval for one business or one year is not precedent-setting for additional future requests and Borough Council can say no at any given point.

Mr. Jones reiterated that there are neighbors opposed to this request.

This Brown stated she understood there are parking concerns but Council was trying to do the best for the whole business community.

Mr. Jones asked if other non-restaurant businesses could also access and use public space in the right-of-way?

Mr. Christie stated the entire downtown benefits from the extra exposure to diners.

Mr. Jones stated he did not think the addition of a few tables brings a great deal more diners into town.

This Brown stated the platforms are expensive it is not cheap real estate and the cost to construct a $20,000 platform would not work for most retail stores like hers.

Mr. Christie noted retailers regularly used the sidewalk right-of-way for sales.

Ms. Bain stated dry cleaner customers will not likely park a block away in the new parking garage so that is cause for their concern about the loss of the parking space.

Mr. Manion moved to approve the request by Lynn and cello restaurant to install the temporary sidewalk dining area platform with conditions as noted earlier by Ms. Brown motion was seconded by Ms. Jones.

Patrick Comerford stated he agreed the business climate is currently tough and some businesses do need convenient close by parking so this could conceivably in classic impact the cleaner business.

Motion was considered by roll call vote Mr. Manion yes Mr. Paxson yes Esther Jones no Ms. Jones yes Mr. Christie yes Ms. Bain know Ms. Brown yes motion approved 525 -- two.

This Brown explained the next item is to consider proposed resolution 12 -- 2010 revising the borough fee schedule establishing parking rates for the new Chestnut Street garage and revising parking rates for the Bicentennial garage effective September 1, 2010. She noted there has been considerable discussion over the short-term 40 spaces on the first floor of the new garage which she thought was supposed to be convenient parking without a time limit. It understands there is a need for short-term parking but personally feels the real may need is for convenient parking without any time limit. These convenient spaces will likely be used by YMCA participants since they no longer validate for patron parking. She stated she also did not see the reason to reduce the hourly rates on the first floor convenient parking area.

Ms. Bain stated there are several issues which include the rate and the time limit on the convenient first-floor spaces as well as the regular hourly rate and monthly rate in the new parking garage. She stated the intent was to have short-term parking in the convenient convenient first-floor spaces and there is a desire to entice parkers to get off the streets but there is no need to give away or discount the spaces by pricing. The reader rated the concept for the space has always been short-term convenient parking. This Brown stated she had hoped for a whole floor of transient spaces and does not want customers to have to vacate the spaces in two hours. Patrick Comerford stated he felt the convenient first-floor spaces should be short-term for an hour or two and should actually be made more expensive in order to encourage turnover. If these convenient first-floor spaces are made long term they will simply be occupied all day and do the retail shops absolutely no good. Shoppers need an hour or two of parking conveniently located on the ground floor and he noted he is shocked that Council is considering cheaper rates for that ground floor and particularly longer terms for that Garp ground-floor.

This Brown noted the monthly permit holders in garage is typically take all of the lower floor spaces.

Karen Cavin stated that she felt parking rates in the garages should be cheaper than on street meters to discourage parkers from feeding those convenient spaces all day long.

Bruce Griffin from the YMCA noted they are not validating parking for patrons as they cannot afford to do so and while the Y. has peaked time uses they may not conflict with peaked time uses in the garage. He noted it is certain his staff will take the most convenient and cheap spaces they can find.

Mr. Christie stated the borough is hoping to manage the garage to try to get people back into the garage in his first year of operation therefore the discounted rates were viewed as an enticement to fill up the facility.

Ernie McNealy Borough manager explained that short term convenient parking has been the concept for the first-floor spaces from day one in the design process and they were to be controlled by either readers or as has now been selected 80 m box area

Mr. Jones stated the borough does not want the short-term spaces on the ground floor filled all the time therefore it make sense to limit those spaces in time allowed and also to make them more expensive. He reiterated there is a need to get folks into used to garages and have the spaces turnover and that is best done with a time limit.

This Brown cautioned that if lower prices were offered as an initial enticement people will later be angry when there is a need to raise those rates.

Bruce Griffin YMCA noted most of their activity is late afternoon and evening and the lack of the garage has not really affected membership at the facility.

Ms. Brown suggested council should at least charge the same rates at the 40 space ground floor area. Ms. Jones moved to adopt resolution 12 -- 2010 establishing rates at The Chestnut St., Karadzic and revising rates at the Bicentennial garage as recommended with the provision that the ground-floor area in the Chestnut Street garage have a two-hour limit and charge one dollar per hour motion was seconded by Mr. Jones.

Mr. Manion reiterated the parking department recommendation was simply to try to draw customers into the new facility with some discounted initial rates. Malcolm Johnstone stated Council could lower the first two-hour rates in the entire garage.

Mr. McNealy replied that would force the borough to raise the rates in all of the other hourly rate categories to compensate for that revenue loss and that 60% of the vehicles using the facilities are using them for 1 to 2 a half hours.

Upon consideration by roll call vote Mr. Manion yes Mr. Paxson yes Mr. Jones yes Ms. Jones yes Mr. Christie yes Ms. Bain yes Ms. Brown yes motion approved seven -- zero.

This Brown stated the next item is to propose an ordinance providing residential parking permit rates as recommended by the parking committee from $7-$10 for resident permits, $5-$10 for business permits and from $2.50 to four dollars for guest permits effective September 1, 2010 Ms. Bain moved to keep all current rates including the seven dollar resident permit rate in place motion was seconded by Mr. Jones.

Mr. McNealy explained staff has run the numbers on the permit costs and they show that expenses for the program to exceed seven dollars per permit. Ms. Bain stated residents are not being given a voice in this proposed parking fee increase. Mr. Neely replied Council must enact this feed by ordinance which would require a public hearing prior to adoption.

Ms. Jones stated the spreadsheet clearly shows program costs are exceeding revenue.

This Bain stated this is a hardship for a lot of people who are strapped for funds particularly in the fourth Ward where there are a lot of retired persons.

This Brown stated the suggested increase from $7-$10 is a very small dollar amount.

Mr. Christie noted the spreadsheet cost to not even include all of the ongoing sign work for the residential parking program and wild he borough cannot afford to pave streets counsel should not be allowing this program to be a drain on the borough's budget. Mr. Christie concluded the borough needs revenue and it costs as much as $90 per sign per block or permit parking signage.

Mr. Jones stated permit parking is needed in some areas and is only a convenience in some they neighborhoods he suggested the borough could save Monday money by rescinding areas where it is nothing but a convenience.

Mr. Paxson stated he does not like the suggested $10 fee if the spreadsheet shows the cost is closer to eight burner counsel should charge eight dollars. Mr. McNealy stated the spreadsheet shows the cost is in the $7.82 to $7.93 range.

Ms. Bain stated she would amend her motion to approve a fee of seven dollars for resident permits eight dollars for business permits and four dollars for guest permits Mr. Jones accepted the amendment as the second to the motion and it was considered by roll call vote Mr. Manion no Mr. Paxson no stood Jones yes Ms. Jones no Mr. Christie no Ms. Bain yes this Brown know motion defeated two -- five Mr. Manion moved to propose an ordinance establishing the permit fees at eight dollars for resident eight dollars for business and four dollars for guest permits motion was seconded by Ms. Jones and considered by roll call vote Mr. Manion yes Esther Paxson yes stood Jones yes Ms. Jones yes Mr. Christie yes Ms. Bain know this Brown yes motion approved 61.

This Brown noted the next item is the banner permit application by Chester county adult probation.

After Jones stated Council approved this last year but in further review he did not field this particular banner meets the requirement to be advertising a community event. Mr. Christie stated it is recognizing a national week so it is not really advertising a community event.

Mr. Christie moved to deny the banner permit application submitted by Chester county adult probation as it does not meet the definition of a community event motion was seconded by Ms. Bain and considered by roll call vote, Mr. Manion yes Mr. Paxson yes Mr. Jones yes Ms. Jones yes Mr. Christie yes this Bain yes Ms. Brown yes motion approved seven -- zero.

Mr. Jones moved to approve the minutes of the borough council meeting of May 26, 2010 with corrections noted earlier motion was seconded by Ms. Bain and considered by roll call vote, Mr. Manion yes, Mr. Paxson yes, Mr. Jones yes, Ms. Jones yes, Mr. Christie abstain absent, this Bain yes, this Brown yes, motion approved six -- zero with one abstention.

Mr. Jones moved to approve the consent agenda items a through M. as follows parentheses insert the consent agenda motion seconded by Mr. Christie and considered by roll call vote, Mr. Manion yes, Mr. Paxson yes, Mr. Jones yes, Ms. Jones yes, Mr. Christie yes, this Bain yes, this Brown yes, motion approved seven -- zero.

Meeting adjourned at 9:05 PM.