NEW HOPE BOROUGH COUNCIL
182 WEST BRIDGE STREET

Regular Meeting
January 9, 2008
MINUTES

PRESENT: Sharyn Keiser, Claire Shaw, Ed Duffy, Geri Delevich, Rey Velasco, Richard Hirschfield, Randall Flager, Mayor Larry Keller, Borough Manager John Burke, Borough Solicitor T. J. Walsh and Chief Pasqualini.

ABSENT:  None

MAYOR’S REPORT
Mayor Keller thanked past Council President Richard Hirschfield for his dedicated service over the last 8 years to New Hope Borough.

PRESIDENT’S REPORT
Sharyn Keiser announced that there was an Executive Session before the regular meeting of Council this evening concerning the Glassman litigation at the Bucks County Court of Common Pleas.

Sharyn Keiser introduced Resolution No. 2008-04R, amending the residents’ parking permit program, and asked for a motion to adopt.  The new permit would allow parking 10:00 am through 3:00 pm Monday through Friday and 10:00 am to noon on Saturday and Sunday at on-street metered parking spaces. The fee for this permit is $25.00, and the permit is only available to residents of New Hope Borough, who must show the proper identification upon purchasing the permit.

Randall Flager moved to approve Resolution No. 200-04R and Rey Velasco seconded. 

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Sharyn Keiser asked for a motion to consider adoption of Resolution No. 2008-05R, establishing a policy for free on street parking each holiday season, from December 15th through January 1st.

Richard Hirschfield moved to adopt resolution No. 2008-05R and Rey Velasco seconded. 

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Sharyn Keiser asked Council to consider approval of the Consent Agenda items, as follows.
A.        Consideration of approving payment of accounts payable for
January 9, 2008, in the amount of $61,352.12; of payroll for December 19, 2007, in the amount of $52,474.60; and of payroll for January 2, 2008, in  the amount of $45,417.28.
B.         Consideration of approving the minutes of the December 19, 2007 public meeting of Borough Council.           
C.        Consideration of approving a one-year community newsletter agreement with Print Masters for two newsletters.
D.        Consideration of authorizing Land and Buildings Group to update the real  estate appraisal of 41 North Main Street.
E.         Consideration of approving issuance of a Certificate of Appropriateness, as recommended by HARB, for:
            (1) TMP No. 27-6-118-01, submitted by Keith Galloway, for changes to an approved plan involving revisions to the north building elevation to add a three window gabled dormer.

Claire Shaw moved to approve the consent agenda, and Ed Duffy seconded. 

Sharyn Keiser asked for comment by Council and the public.
The motion passed unanimously.

RECREATION AND REVITALIZATION COMMITTEE REPORT
No report.

SOLICITOR’S AND MANAGER‘S REPORTS
Sharyn Keiser asked for consideration of approving an amendment to a lease agreement with SBC Tower Holdings LLC.
T. J. Walsh stated that the Borough currently leases a 60 by 60 portion of TMP No. 27-6-69 to American Tower (AT) by original lease agreement dated 1/31/1991. The original lease was with AWACS. American Tower is a successor in interest to AWACS. The original lease, thru extensions, does not expire until Nov. 5, 2011. AT was looking to add another 15 years to the term. AT originally proposed a First Amendment that added the 15 years, and increased the rent at 3% annually. However, I reviewed the original lease, and found it deficient in several areas. As such, I took this opportunity to re-negotiate some less than favorable provisions in the original lease, while adding the 15 years sought by AT.

The changes are as follows.

1. Use of the premises is now restricted to only telecommunications facilities. The original lease left open the possibility of AT using the premises for things other than telecommunications use.
2. AT now needs New Hope's approval for improvements to the premises, unless the improvements (a) relate to the telecommunications facilities themselves; or (b) cost less than $5,000. This could be relevant if AT is doing some kind of earth moving or other grading improvement or change.
3. Lease term is extended through Nov. 5, 2026 at AT's option (3 option periods of 5 years each). Each option period automatically renews unless AT is in default at the time of automatic renewal, and the default remains uncured.
4. Commencing Nov. 6, 2007, rent goes up annually by 3%. Compounding is annual.
5. The original lease did not have a co-locator royalty. New Hope will now get 20% of any revenue generated by any future co-locator on the tower or equipment facilities within the original premises. I tried to get AT to agree to provide the 20% for existing co-locators, but they would not agree to that.
6. The "lease cancellation" provision is now as follows: AT must give New Hope at least 180 days advance notice (used to be 30 days); and pay as a cancellation fee the greater of 1 years rent or the balance of the remaining option term (payment used to be 6 months rent).
7. The original lease gave AT a right of first refusal to buy the premises. That is now gone.
8. Added some provisions regarding payment of taxes by AT, increased the insurance limits, and added an indemnity / waiver of subrogation provision.
9. AT agreed to reimburse New Hope for fees & costs incurred in negotiating the First Amendment, not to exceed $2,500.00.

Richard Hirschfield moved to approve the amendment, and Randall Flager seconded. 

Sharyn Keiser asked for comment by Council and the public.
The motion passed unanimously.

Sharyn Keiser asked for consideration of approving a stipulation terminating the Glassman appeal to the Bucks County Court of Common Pleas for a deemed approval of a conditional use application for 1 North Main Street.

Randall Flager moved to approve the stipulation and to authorize the Borough Solicitor to sign and file the stipulation with the court, and Geri Delevich seconded.

Sharyn Keiser asked for comment by Council and the public.
The motion passed unanimously.

Sharyn Keiser asked the Borough manager to report on the status of the mule barge ride.

John Burke stated:  “In April 2007 Borough Council became concerned about the lack of progress by PADCNR is renegotiating the parking lot lease agreement with the local American Legion post. At Council’s request, New Hope Borough convened a meeting of all interested stakeholders on April 10th at Borough hall. The purpose of this meeting was to convince PADCNR to make an appropriate, market-based offer to the Legion for the lot and to get the negotiations back on track. The meeting appeared to have been a success as PADCNR agreed to begin earnest negotiations with the America Legion to secure a new lease for the Legion's upper parking lot. Over 20 stakeholders, including the Legion, PADCNR, Borough Council, the Delaware River Canal Boat Company, the Delaware Canal State Park Advisory Committee, the Greater New Hope Chamber of Commerce, Friends of the Delaware Canal, the Bucks County Visitors & Conference Bureau, and Rep. Bernie O’Neill and Sen. Chuck McIlhinney, etc. attended this meeting.

“PADCNR and the Legion kept the Borough informed throughout the summer and early fall of the status of negotiations with respect to the lease. “Offers and counteroffers were made during this period of time, and it appeared that the negotiations would conclude successfully. In fact, PADCNR was so optimistic about the conclusion of the agreement that it let the concession bid in September. After the state failed to reach an agreement on the parking lot, it withdrew the concession bid from consideration at the end of October.

“PADCNR scheduled an internal conference call in early December to discuss and determine its course of action. However, this conference call was postponed until early January 2008.
“PADCNR informed the Borough on January 7th that it had agreed to offer the mule barge operation, without a concession, to the Friends of the Delaware Canal, a New Hope based non-profit advocacy group whose goals are to restore, preserve and improve the canal and its surroundings. The significance of this offer is that the state has agreed to allow the mule barge ride to continue in the hands of a local non-profit and to forego the revenues normally earned from the concession agreement. In exchange, the Friends organization would have to come to an agreement with the American Legion for use of the parking lot.

“If the Friends organization were to accept the state’s offer, it may open new avenues of private and public funding to assist the Friends in upgrading barge ride facilities and improving equipment. 

“The Board of Directors of the Friends of the Canal met last evening to discuss the state’s offer. I have no additional information at this time.

One of the main obstacles to the continuation of the mule barge ride in New Hope in 2008 is the PennDOT plan to replace the Bridge Street Bridge over the canal. However, it now appears that PennDOT will not be in a position to start this project until the fall of 2008. So, the opportunity to operate the barge ride in 2008 appears to be good, provided that the Friends organization accepts the state’s offer.

“Once the Bridge Street ridge construction begins, which will be followed almost immediately by PennDOT’s replacement of the River Rd. Rabbit Run Bridge, the barge operator and PADCNR would have to find a temporary, alternate canal run for the barge ride. This should not cause any insurmountable problems as other nearby areas of the canal may prove suitable, provided that the necessary improvements can be made in a timely manner.
“I would like to thank Rep. O’Neill, Sen. McIlhinney, Commissioner Jim Cawley, George Michael, Mike Amery and the many residents of the community who have contacted the Borough offering support or who have demonstrated their support for the barge ride in their letters to the editor.”

Elaine McNealy asked Council to do what they could to save the barge.

Mike Emery mentioned that there are many state organizations that could be contacted for possible grants.

Carl Lindsay commented that he hopes the barge ride, which has been operating since 1958, could be saved.

Willis Rivinus, a member of the Board of Directors of the Friends of the Delaware canal, stated that the Friends organization has not reached a decision on the canal barge ride.

LAND USE AND HISTORIC PRESERVATION COMMITTEE REPORT
T. J. Walsh announced that a public hearing for The Logan Inn, 10 West Ferry Street, would begin at this time. Mr. Walsh stated that the purpose of the hearing is to consider an application for a Certificate of Appropriateness by The Logan Inn for a modesty barrier at 10 West Ferry Street.

A complete transcript of the hearing and Council’s decision is attached to the minutes of this meeting.

Sharyn Keiser resumed the regular meeting.
Ed Duffy announced the next item on the agenda was a discussion of Zoning Hearing Board appeal no 319, submitted by A.C. Hipple, LLP, d/b/a Olympus Building Services Inc., for 244 South Main Street. Mr. Duffy stated that Council would decide whether or not to oppose, support, or take no position on this application.

itect Ralph Fey, representing the applicant, explained that the applicant was seeking variances to convert an existing garage and barn to an office use, to permit 10 parking spaces instead of the required 12, to permit flood proofing within the floodplain, and to permit a non-residential sign in the RB zoning district. Mr. Fey stated that the project would involve reconstruction, not renovation, and would be consistent with prior decisions of the Zoning Hearing Board with respect to this property.

Council decided to take no action on this application.

COMMUNITY AFFAIRS REPORT
Geri Delevich announced the upcoming Winter Festival.

Geri Delevich announced that the Dancing with the Stars event is coming up this April.

OLD BUSINESS

NEW BUSINESS
Mr. Joe Nitterour of Eccologix discussed the black vultures, which have been a source of recent complaints in town.

Mr. Nitterour said there are two ways to disperse the black vultures.  One is to place fake plastic birds on the perch sites causing the real birds to lose interest in that area. The other method is to install spiked rows all over the roof.  This will make it uncomfortable for the birds to perch.  Mr. Nitterour also stated this particular species is protected by federal law and no harm can come to them.

Fred Eisen commented that the press has exaggerated the vulture issue.

Diane Smith from the Audubon Society stated that they support the black vultures and wish no harm to the birds.  People actually come out to bird watch this species.

Richard Hirschfield commented that the birds are attracted by food and can be controlled by the proper handling and storage of trash.

Diane Smith from the Audubon Society commented that these birds do not carry disease.

Many others spoke asking Council not to take any action with respect to the black vultures.

The meeting was adjourned by unanimous vote at 10:18 pm.

Cc:  The Logan Inn Hearing Transcript