REGULAR MEETING Page 1 MALVERN BOROUGH 1 East First Avenue 7:30PM Malvern, PA 19355  October 15th, 2024  PRESIDING: Council President Phillips INVOCATION: Mayor Uzman  PLEDGE OF ALLEGIANCE TO THE FLAG  1. ROLL - CALL PRESENT  ABSENT:  Council President Phillips Council Vice President Bones Council Member Frederick Council Member Niemiec Council Member Riccetti Council Member Warner Zeyn B. Uzman, Mayor 2. ANNOUNCEMENTS  Council Member Finkbiner  Council President Phillips explains to everyone that some agenda items are in the  wrong place, but we will go through them as listed.  Council Member Warner states some offensive material has showed up on Zoom, and Council President Phillips asked anyone who is recording the meeting to announce themselves at this time, in accordance with Resolution No. 840. Richard Breuer, Hugo Council President Phillips explained that Resolution No. 840 sets forth the conduct  will not be accepted going forward.  Schmitt, and the Borough recorded the meeting. protocol for Borough Council meetings.  Council President Phillips asked for anyone participating via Zoom, to please turn their  camera on while speaking.    Council President Phillips announced that Borough Council met in Executive Session on Council President Phillips urged residents not to remove any political signs displayed in  Tuesday, October 1st in order to discuss legal matters.  the borough, as it is illegal.  3. APPROVAL OF THE AGENDA:  Council President Phillips would like to amend the agenda, as there are duplicates, Parks & Recreation Parade is mentioned twice, Locust Lane approved was left out. Borough Legal Counsel Scott Yaw explains At through D in New Business are  duplicates.  Amotion was made by Council Vice President Bones, seconded by Council Member Niemiec, and carried by a vote of 6-0, to approve the agenda for the Tuesday, October  15th, 2024 meeting of Borough Council as amended.  4. MINUTES & REPORTS: a. APPROVAL OF MINUTES:  Amotion was made by Council Member Riccetti, seconded by Council Member Niemiec, and carried by a vote of 6-0, to approve the minutes for the September 17th,  2024 meeting as presented.  b. APPROVAL OF REPORTS:  Amotion to approve the Treasurer's Report, the Superintendent of Public Works Report, the Chief of Police Report for the month of September, and the Malvern Fire Company  Report for the month of August 2024, as submitted.  C. BOROUGH COUNCIL COMMITTEE REPORTS:  Council President Phillips delivered a report from the Finance and Administration's two Council President Phillips delivered a report from the Public Safety's meeting held on Vice President Bones delivered a report from the Public Works' meeting held on  meetings, September 26th and October 10th, 2024.  October 7th, 2024. October 15th, 2024.  5, SPECIAL BUSINESS    a. MOTION: To approve a Settlement Agreement captioned Danny S. Fruchter V.  Borough of Malvern, et al.  Borough Legal Counsel Yaw discussed the lawsuit, including making the sub-committee  meetings open to the public, and paying a $15,000 settlement fee.  John Buckley asked how much we paid.  Borough Legal Counsel Yaw explains the $100k limit per our insurance.  Council President Phillps explains the Sunshine Act to John Buckley who request more Vice President Bones expresses that he is glad meetings are open to the public, Council Member Niemiec comments that he enjoys being a member of the sub-  information on executive session. encourages public to attend.  committee.  Amotion was made by Council Vice President Bones, seconded by Council Member Warner, and carried by a vote of 6-0, to approve a settlement Agreement captioned  Danny S. Fruchter V. Borough of Malvern, et al.  b. History Center will be open to the public October 19th, 2024 from 2pm to 4pm. C. Parks & Recreation's Halloween Parade and Monster Mash event will be on October 26th. Those who wish to march in the parade are asked to meet at the Brick & Brew parking lot starting at 2:30pm for the 3pm parade. The remainder of the event will take place in Burke Park following the parade. d. Halloween Trick or Treating will take place on Thursday, October 31st, from 6pm to 8pm. Please leave your lights on if you are handing out candy. e. Parks and Recreation's Movie Night featuring the film, Coco, will be on Saturday, November 2nd, 2024 from 5:45pm till 8:45pm.  Borough Legal Counsel Yaw says that item 5f. is missing. Other council members do  not have this item, it will be placed on the next meeting.  6. UNFINISHED BUSINESS  a. Presentation and Summary of the Budgeting Process by the Finance and  Administration Sub-Committee.    Council President Phillips gives a presentation, urges residents to join the F&A  subcommittee meetings.  John Buckley asks about police vehicles.  Mayor Uzman responds.  Danny Fruchter asks for the presentation to be placed online. Tom Buglio asks about the total amount in the capital reserve fund.  Cathy Raymond asks about the legal requirement to have finances audited once a year.  b. MOTION: To approve the donation of two police bicycles.  Amotion was made by Council Vice President Bones, seconded by Council Member  Frederick, and carried by a vote of 6-0, to approve the donation. Mayor Uzman explains the bike swill be donated to Dom Fixes Bikes. Police Chief Marcelli explains the bikes are 18-years old.  C. MOTION: To approve the sale of a 2017 Police Department Ford Explorer. Amotion was made by Council Vice President Bones, seconded by Council Member Mayor Uzman explains the transmission is blown, will be placed on Municibid as-is.  Frederick, and carried by a vote of 6-0, to approve the sale.  d. MOTION: To approve Malvern Borough's participation in Domestic Violence Center of Chester County's "Pain the Town Purple: awareness effort for the  month of October."  Amotion was made by Council Member Frederick, seconded by Council Member Niemiec, and carried by a vote of 6-0, to approve the participation. Mayor Uzman says the poles lights on King St. may be turned to purple.  e. MOTION: To approve a "rolling closure" of King Street for Parks and Recreation's Halloween Parade and Monster Mash Event on October 26th  starting at 2:30pm.    Ar motion was made by Council Member Frederick, seconded by Council Member  Niemiec, and carried by a vote of 6-0, to approve the closure. Police Chief will close the street just prior to the start.  Council President Phillips explains that the parade is coming back this year and the  f. MOTION: To approve the partial closure of the Borough Hall parking lot for the Malvern Library Dedication on November 16th, from 1:30pm to 5pm  Amotion was made by Council Vice President Bones, seconded by Council Member  Frederick, and carried by a vote of 6-0, to approve the closure.  Dr. Helise Bichefsky explains they will have a food truck ini the parking lot.  g. MOTION: To approve the appointment of Sebastian Ireadi as a full member of  the Parks and Rec Committee.  Council President Phillips explains he has been the youth advocate and the borough is  happy to have him as a member, now that he is 18, Council Member Riccetti wishes him a happy birthday.  Amotion was made by Council Member Frederick, seconded by Council Member Riccetti, and carried by a vote of 6-0, to approve the appointment.  h. Randolph Woods Project Update. Borough design consultants wili provide an  overview of the project status and review the current plans.  Borough Engineer Dan Daley introduces Simone Collins and goes through the power point for design plans, permits, and scheduling for the Randolph Woods project.  Council Member Niemiec explains the map.  Council President Phillips asks if we can look into covered seating areas. Borough Engineer Dan Daley explains boardwalk areas and says he will look into  covered seating areas. Picnic pavilion is in Phase 1A.  Scott from Public Works asks about weight limits on the bridges. Their equipment is Borough Engineer Dan Daley explains the next steps of permits, funding and  4000lbs.  scheduling.    Council Member Niemiec asks if the park will be closed during construction. Borough Engineer Dan Daley explains there will be times when the park will be shut  down.  Council Member Frederick asks about letting Willistown know of closures. Borough Engineer Dan Daley says there will be gates in the deer fence.  Police Chief Marcelli voices his concern over dirt bikes and motorcycles going across Peter Collins discusses the deer fencing and the reemergence of native species. Council President Phillips asks how they will remove invasive species. Borough Engineer Dan Daley explains the removal is not currently in the budget.  the bridges.  Peter Collins says there may be grants available.  John Buckley asks about deer fencing, would like the deer captured.  Council Vice President Bones says they are looking into options to control the deer.  MOTION: To approve the first and final invoice for the 2024 Malvern Borough Paving Program project - Roberts Lane in the amount of $27,583.80 and to accept a Maintenance Bond in the amount of $5,000 for a period of 18 months from the date of substantial Completion of the project.  Cathy Raymond would like an explanation on a maintenance bond.  Borough Engineer Dan Daley explains it's a warranty for an 18 month period. It'sa Amotion was made by Council Vice President Bones, seconded by Council Member Frederick, and carried by a vote of 6-0, to approve the invoice and accept the bond.  standard operating procedure.  MOTION: To approve Payment #2 in the amount of $6, 328.90 for the Jennings Lane Improvement Project and accept a Maintenance Bond in the amount of $12,097.30 for a period of 18 months from the date of Substantial  Completion of the project.    Ar motion was made by Council Vice President Bones, seconded by Council Member Niemiec, and carried by a vote of 6-0, to approve the payment and accept the bond.  7. NEW BUSINESS  Borough Interim Manager Woodman explains these are duplicate items.  Council President Phillips brings up the Locust Lane Brewery item for authorization to sell beer during the Monster Mash in Burke Park on October 26th, 2024 from 3pm to  6pm.  Borough Legal Counsel Yaw explains it's a motion to utilize the Burke Park parking lot  for sale of alcohol during the event.  Council Vice President Bones makes a motion.  Council President Phillips explains that in Comprehensive plan, residents wanted more adult-centric events from Parks & Rec. The parade is more for the kids, but Monster Council Member Warner asks why alcohol is being requested at a children's event. Mayor Uzman says he is deadly against alcohol at the event. Says many P&R events Council Member Bones says he made a motion in respect of their research, they have Council President Phillips says it is a generational change, for the parents to drink. Council Member Riccetti, as a P&R member, explains that they have done research and residents have requested more adult events. Explained we do not pay to have the truck, Council Vice President Bones asks Police Chief Marcelli if there are more instances of Police Chief Marcelli says he is not for it, but says there have not been issues. Council Member Warner wonders if P&R are weighing events or are all events now  Mash is for everyone.  have alcohol. Firmly against alcohol at a Halloween event.  alcohol at every event and he is against it, he rescinds his motion.  or make money on the sale.  issues when alcohol is present.  including alcohol. Events should be either adult or kid centric.    Council President Phillips asks Dr. Helise Bichefsky, co-chair of P&R if she is in favor of  it.  Dr. Helise Bichefsky says it sends a bad message.  Council Member Warner asks how this has come before council without support from Council Member Riccetti explains Dr. Bichefsky was absent from the P&R meeting Council Member Riccetti makes a motion, there is no second. Motion does not pass. Borough Interim Manager Woodman explains that an item brought by Dr. Christine Dr. Christine Meyer, from the MBPA, asks for a donation to place more lights on the  the co-chair.  when this was discussed.  Meyer was left off of the agenda.  lamp posts down King St., an additional 20 posts.  Borough Legal Counsel Yaw asks to take this comment as a Public Comment, as it was  not on the agenda. 8. PUBLIC FORUM  Tom Buglio takes about a truce between parties and not touching each others yard signs. Would like to request that Borough Hall be free of political signs.  Council President Phillips said that he agrees.  Cathy Raymond does not agree. She will not consent to taking signs down at Borough Danny Fruchter says the borough has the right to not have signs at borough hall and the Council Vice President Bones makes a personal comment in agreement to making  Hall.  parks.  Borough Hall sign free.  Council Member Frederick asks us to take up the topic after the election. States that  Sugartown Elementary specifies designated areas for signs. Council President Phillips says business signs should not be allowed.    John Buckley states that signs in West Chester can go anywhere. Speaks about a run- Dr. Helise Bichefsky asks for the timeframe to remove signs after the election. States that P&R have 6-8 designated areas for their signs, which were approved by Public Police Chief Marcelli explains the police officers are growing beards for Blue Beards which raises money for a fallen police officer's family as well as Unite for Her.  in with a FedEx driver and how he received a citation.  Works.  9. ADJOURNMENT  Amotion was made by Council Vice President Bones, seconded by Council Member  Niemiec, and carried by a vote of6 6-0, to adjourn the meeting.  Respectfully submitted by  Coundi) Meber Riccetti