Meeting Minutes

NEW HOPE BOROUGH
Regular Meeting of Borough Council
November 9, 2004
MINUTES

Council President Richard Hirschfield called the meeting to order at 7:30 P.M.

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Rey Velasco, Geraldine Delevich, Jake Fell, Randy Flager, Mayor Larry Keller, Borough Manager John Burke and Solicitor Colin Jenei.

ABSENT:

Richard Hirschfield announced an Executive Session prior to the regular meeting tonight to discuss real estate acquisition and personnel matters.

APPROVAL OF THE MINUTES FOR OCTOBER 12, 2004. Ed Duffy motioned for the approval of the minutes of October 12, 2004 and Sharyn Keiser seconded.

Rey Velasco commented on page 1 of the minutes under the Mayor’s Report regarding the year of the last flood and mentioned the correct date was actually 1999 not 1996.

The motion, with the change requested by Rey Velasco, passed by the following vote:

MAYOR’S REPORT

Mayor Keller announced that a new defibrillator has been added to the Police Department and that the Police Department purchased a used police car. The Mayor added that the department now has five defibrillators, with one donated anonymously. The Mayor also stated that the New Hope-Eagle Fire Company will hold a reception for the business community on December 10th.

PRESIDENT’S REPORT

Richard Hirschfield announced the availability of the preliminary 2005 budget of New Hope Borough for public inspection at Borough Hall starting November 23, 2004 for a period of ten days.

Richard Hirschfield announced that there is going to be a Special Meeting of the Borough Planning Commission on November 15, 2004 at New Hope-Solebury High School at 7:30 P.M. to discuss the availability, use, and management of public parking in the Borough. The purpose of this meeting is to find out what business owners, employees, shoppers, property owners, and residents think of the existing parking conditions in the Borough.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for November 9, 2004, in the amount of $90,130.45; of payroll for October 13, 2004, in the amount of $42,092.16; and of payroll for October 27, 2004, in the amount of $60,372.43.

Sharyn Keiser motioned for approval of the accounts payable and Jake Fell seconded. The motion passed unanimously.

John Burke asked for consideration of appointing Burton and Browse, LLP, to audit the accounts of the Borough for the year ending December 31, 2004.

Richard Hirschfield asked what the cost would be.

John Burke answered $5,115.00

Richard Hirschfield asked what the difference in cost from last year was.

John Burke answered that the cost of the 2003 audit was $4,965.00.

Rey Velasco motioned for approval of Burton and Browse to be hired as the Borough auditor for the 2004 audit and Ed Duffy seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution No.2004-25R, distributing General Municipal Pension System State Aid in 2004.

Sharyn Keiser motioned to adopt Resolution 2004-25R and Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration to adopt Resolution 2004-26R, establishing a pension fund contribution rate for police officers in 2005.

Sharyn Keiser motioned to adopt Resolution 2004-26R and Ed Duffy seconded. The motion passed by the following vote:

John Burke asked for consideration to adopt Resolution 2004-27R, authorizing New Hope Borough’s participation in the state cooperative purchasing program.

Jake Fell motioned to adopt Resolution 2004-27R and Rey Velasco seconded. The motion passed unanimously.

Richard Hirschfield called for a public hearing to adopt Ordinance 2004-13, establishing requirements for registration of certain contractors.

Jake Fell asked if there is a test given.

John Burke answered no.

Bob Gerenser of 22 South Main Street asked Council to reconsider or at least modify the ordinance to exempt projects under $2,000.00.

Tom Smith of 96 New Street felt that this Ordinance may be over managing the situation.

Doro Kerr of North Main Street asked if this applies to a handyman.

Richard Hirschfield answered that it does not apply to handymen, provided that no permits are required.

John Burke added that the purpose is to protect the residents because the contractors have to produce liability and workers’ compensation insurances and references. The residents can check a contractor’s references.

Richard Hirschfield asked for a roll call vote on the adoption of Ordinance 2004-13, establishing requirements for registration of certain contractors. The motion passed unanimously by roll call as follows;

HARB

Rey Velasco asked for consideration of a Certificate of Appropriateness for Mark Collins 12 West Mechanic Street (Artiszen Arts) for the installation of a sign.

Ed Duffy motioned to approve a Certificate of Appropriateness for 12 West Mechanic Street and Randy Flager seconded. The motion passed with all in favor.

Rey Velasco asked for consideration of a Certificate of Appropriateness for Brian Hanck of 12 West Mechanic Street (Hollywood Autograph Gallery) for the installation of (two) signs.

Ed Duffy motioned to approve a Certificate of Appropriateness for 12 West Mechanic Street and Randy Flager seconded. The motion was passed with all in favor.

Rey Velasco asked for consideration of a Certificate of Appropriateness for 1 South Main Street for the installation of PVC piping on the building wall facing West Bridge Street.

Ed Duffy motioned to approve a Certificate of Appropriateness for 1 South Main Street for the installation of PVC piping and Randy Flager seconded. The motion passed unanimously.

PLANNING

Ed Duffy asked for consideration of approving a preliminary plan of major subdivision and land development for 73 New Street, submitted by George Michael, for T. M. P. no. 27-10-15-4 located on the west side of New Street, approximately 680 feet north of its intersection with Route 32, in the RB Urban Residential Zoning District.

Richard Hirschfield asked George Michael if he agrees with the 34 conditions recommended by the Manager for plan approval.

George Michael answered, “I do not have any issues with those 34 conditions, and I accept them.”

Richard Hirschfield commented that the materials to be used for the driveways and the parking areas in front, as noted in condition number 22, that these should be paved in accordance with Article V, Section 5.2, 6H of the New Hope Saldo and this only calls for asphalt and asked what material Mr. Michael was planning to use for that parking area and would he consider brick pavers or brick.

Mr. Michael answered asphalt and that brick pavers would cut back the width of the driveway. No one had any objection to the asphalt; the Planning Commission did not want anybody backing out onto New Street so we created a situation where we have a turn around. But, I’ll offer to use red asphalt for paving the driveways

Wayne Johnson identified himself as the architect for the project. The driveways into each unit are shown and designed as turn around driveways and everybody can drive head out onto New Street. There is a back up proposal for a back up turn around driveway. This is an overflow parking space that is not supposed to have someone there at all times. The “k” turn location is in compliance with the Borough Ordinance and went through a long review period with the Planning Commission. There is a full back up turn around area and a driveway into a one car garage. There would be one car inside the building and one car outside the building and because of this the design ended up as a doublewide driveway and black top and impervious surface and that is why we accommodate it that way.

Wayne Johnson mentioned that the stone would not work with this design because it has a slope off to the street and the design incorporates underground storage for storm water management and when that was decided upon, there is a trench grate and the stone would fill that up.

Council commented that instead of putting sidewalks in, the Borough has requested working with our engineers for Mr. Michael to try and fix the storm water management problem that has existed on New Street for a long time and is that correct?

Wayne Johnson commented yes, and that a trench grate across the driveway to the church would pick up the water that is coming down the driveway and put it into a storm piping system that will run all the way down New Street until it discharges into the existing channel at the facility.

Wayne Johnson commented that basically, we are dealing with the property lines down to New Street. Craig had suggested where each individual lot is taken, all the roof drains and all the roof run off will be caught in the piping system that goes around the building and ends up in an underground detention facility. This system has a connector to the piping system that we are going to be installing all the way down New Street which ultimately discharges into the stream and all this was reviewed by Craig.

Craig Kennard added that the storm water runoff up at the Church’s driveway would be piped down to George Michael’s property and a couple of additional inlets put in to get the water down into these basins and down into the creek. There will be additional storm water facilities between the church driveway and George Michael’s property.

Wayne Johnson commented that George has agreed to match up to the new paving area so that when the new piping system is installed it will match up to the joint where the new paving stopped.

Council asked what is the distance from the last unit to the creek.

Wayne Johnson answered 30 feet, from the building to the stream edge.

Mike Carr asked whether or not they could serve one of the units with a gravity sewer line rather than a grinder pump. In order to do so, a pure gravity system, which is a suspended system encased in a ductile iron pipe in the basement of one unit carrying sewage from one unit through another to the manhole. The other option is to put in a grinder pump. The grinder pump is not preferable to the applicant because it would take many months to get approved.

Craig Kennard recommends the ejector pump option with no sewer line under the second house.

Council asked what the rational was with objecting to the ejector pump and the proposed access easement.

Craig Kennard answered that it is a time factor. DEP wants the local municipality to be responsible for it. The easement is just for access for the New Hope Public Works Department to ensure that it is working.

Colin Jenei commented that legally the grinder pump keeps the Borough involved. The Borough does not agree with a sewer pipe running through someone else’s property and does not want homeowners to be burdened with an easement with sewer affluent.

Mike Carr commented that if gravity works, then use gravity, and, if there is not a good reason to not use gravity, then articulate it.

Mike Carr commented that the applicant is willing to put laterals out the back of each unit and create an easement that comes close to the property line and use a gravity line that does not go through anyone’s basement, but has pipes that run out the back of the building under the ground.

Craig Kennard answered that is another option.

George Michael commented that he would like to get the permit for the grinder pump and if he can’t get the permit, the back up plan is to put the easement around the properties which does not effect anything but the net lot sizes. He does not want to hold off getting a building permit.

Sharyn Keiser reiterated that Mr. Michael should try to get the grinder pump along with the permits and in the event he cannot get the permits, then the back up plan would be initiated.

Richard Hirschfield commented that each project is judged on its own merit and does not affect the next and with that no precedent is set here. There are a lot of uses and green space and the storm water is a very good idea. The pavers verses the asphalt verses the red asphalt needs to be revisited.

George Michael asked if Council would consider this application as a preliminary/final plan application if he agreed to install brick pavers instead of asphalt for the driveways and turnarounds.

Richard Hirschfield asked John Burke to make the motion.

John Burke asked for consideration to approve preliminary and final plans for 73 New Street subject to the 34 recommended conditions of plan approval in the Manager’s proposed letter to the applicant and also subject to a waiver by Council of Sections 4.02 D3 F and 5.03A of the Subdivision and Land Development Ordinance with respect to the minimum lot sizes: 6,099 sq. ft. for lot 3, 5,198 sq. ft. for lot 4, and 4,443 sq. ft. for lot 5 instead of the required 6,500 sq. ft. minimum. A waiver of the requirements of Section, 6.0 4C of the Subdivision and Land Development Ordinance with respect to curbs and sidewalks and in lieu thereof, the applicant agrees to install a drainage system along New Street, designed to the satisfaction of the Borough Engineer including paving to match the work completed by Bucks County Water and Sewer Authority along the entire length of New Street. In addition, the applicant shall immediately apply to the Pennsylvania Department of Environmental Protection for approval to install an ejector pump as part of lot five. The applicant may, if said application is not approved by the Pennsylvania Department Environment of Protection within six months, then install a gravity system for lots four and five with easements to the rear of lots four and five and along the side of lot four (4), as approved by the Borough Engineer. The driveways shall be constructed with pavers rather than asphalt or any other material. The Borough agrees to waive the requirements of Section 4.00D to allow approval of this plan as both the preliminary and final plan.

Randy Flager motioned for approval based upon the Manager’s suggested motion and Sharyn Keiser seconded.

Richard Hirschfield asked Mr. Michael for the record and do you accept the terms?

Mr. Michael answered “Yes, I agree with the terms described by the Borough Manager.”

The motion passed unanimously.

Randy Flager announced a presentation by New Hope Condo, L.P., t/a George E. Michael, of appeal no. 277 to the New Hope Borough Zoning Hearing Board for certain properties located in the R-2 and CC zoning districts at the Northeast corner of West Mechanic Street and Stockton Avenue. This presentation is for Council to make a determination as to whether a position needs to be taken to support or oppose the project at the Zoning Hearing Board.

Mike Carr Esq. introduced himself as representing Mr. Michael. There are twelve townhouse units and the first variance that Mr. Michaels is requesting has to do with how the property is split by the zoning district boundary between R-2 and CC. Not entirely but a small portion of units go into the R-2 district. The variance is to treat this area entirely as CC with developing 12 units. The second variance is parking: this is a criterion that applies to the site as a whole and all these units can be parked in accordance with the terms of the Zoning Ordinance. The Subdivision and Land Development Ordinance has overflow parking criteria from which we will need partial waivers because we will be creating less parking than required. We need waivers from the overflow parking so we don’t have to pave substantial green portions of the property and will attempt to adequately show parking. In the Moonlight portion there will be live and work units. They are three story buildings with retail uses on the first floor and two story residences above them intended to be owner occupied. Parking will be beneath those units. We are 11 parking spaces short of the Zoning Ordinance and we will be asking for a parking variance. There are adequate parking spaces for these units beneath the building but this will, nonetheless, require a waiver form the Zoning Hearing Board.

Council asked if there are six apartments above the retail space and also if they are going to be rental properties and will it be similiar to the streetscape on South Main Street.

Mike Carr answered, yes.

John Burke commented that the request for the use of B-3 in the R-2 District could be problematic if the variance is issued and the properties are joined. The concern is when the variance is issued one of the properties could be separated off. The suggestion is that the properties be joined as a definite condition of the variance. The conditions would include that the maximum density be 10 dwelling units per acre for the entire parcel not the maximum allowed in the CC District of 21 dwelling units per acre. Mr. Burke asked Mike Carr if Mr. Michael would agree to that.

Mike Carr answered “Yes,” that they are not going to record any deeds of consolidation before we have a handle on what will be approved.

Council commented that the Borough would like to see the green space along the creek and that the southwest side of the Stockton Avenue Bridge remain open space.

Judy Napolitano of 55 West Mechanic Street commented that she was pleased to see that the density was cut back and asked what the price of the units would be and during building process could a barrier be put in to cut off the disruption of the neighborhood.

Mr. Michael answered $700,000 and he would be happy to work with the residents.

A Resident asked about the height and historic significance, the location of the driveway and expressed concerned with the quality of life.

Mr. Michaels answered everything is in line with the requirements and he will work with the community during construction.

Richard Hirschfield commented that the demolition has already been approved.

Dee Bowman asked how many units and the square footage for these live-in units.

Mr. Michael’s answered six units, 700 square feet of retail space and 900 sq. ft. in the living area.

Council thanked George and did not act to oppose this application.

RECREATION BOARD

Sharyn Keiser motioned to approve the Winter Festival event scheduled for February 4 through February 7, 2005 by the Twin Rivertown Projects, Inc., and to approve submission of a banner application to the Pennsylvania Department of Transportation, and waiving all permit fees in connection therewith. Randy Flager seconded. The motion passed by the following vote:

Sharyn Keiser motioned to approve a New Hope Park Gifts Program for the Recreation Board. This will include a mailing accompanied by a letter subject to review and approval by John Burke and Sharyn Keiser This will allow residents/merchants to purchase various objects including trees to be placed at the parks and throughout New Hope Borough. Council thanked Earl Bierman for all his effort.

Randy Flager seconded. The motion passed unanimously.

COMMUNITY AFFAIRS

Geri Delevich announced the Visitors’ Center monthly report as follows:

Geri Delevich commented that she and Larry Wiekel discussed the possibility of increasing sales to make the Visitors’ Center more independent and also that the Visitors’ Center is an official location for “Toys for Tots” donations.

Geri Delevich announced that there is a presentation of a donation to the Visitors’ Center by the Independent Merchants’ Association of New Hope.

Glen Stephan represented the Independent Merchants’ Association of New Hope. Mr. Stephan presented Larry Wiekel of the Visitor’s Center with a check in the amount of $300.00 from their annual treasure hunt event.

Geri Delevich motioned to adopt Ordinance #2004-14, amending the Shade Tree Ordinance by allowing the appointment of alternate members. Randy Flager seconded and the motion passed unanimously.

Geri Delevich introduced Bob Gerenser to discuss permission for the Monroe’s Crossing event on December 11, 2004.

John Burke commented that three letters were sent to Bob Gerenser requesting the following requirements:
1. A Certificate of Insurance naming the Borough as an additional insured.
2. A Hold Harmless Agreement that needs to be signed and returned.
3. Arrangements with the Public Works Department for removal of the fence at Ferry landing.

A Penn Dot permit application was filled out today for the banner and whether or not that permit will be granted is unsure due to the limited time frame.

Bob Gerenser agreed with making arrangements with Tom Carroll for removing and replacing the fence. The fence will be back in place no later than 4 P.M. He is in the process of looking for the insurance and is having difficulty and will not have the event if he does not have insurance, and the Chief has assured him that all the arrangements for the street activity have been initiated. The date for the event is December 11, 2004.

John Burke requested that the insurance be presented to the Borough seven to ten days before the event, say by December 3, 2004. Council agreed to this request.

Geri Delevich introduced Brian Fitting of the New Hope Chamber of Commerce.

Brian Fitting formally requested permission to bag the meters along with the Independent Merchants of New Hope from Sunday evening through Thursday evening each week beginning November 29, 2004 through December 23, 2004.

Geri Delevich motioned for the bagging of the meters Mondays through Thursdays, November 29, 2004 through December 23, 2004 and Randy Flager seconded. The motion passed unanimously.

Brian Fitting formally requested seasonal lighting using a spiraling rope light to be placed on a few telephone poles and also the use of Moravian Stars.

John Burke commented that the poles do not belong to the Borough. If they are utility poles, permission will be required from the telephone and electric companies. If they are street lights, the Borough owns the street light poles and can grant permission.

Brian Fitting answered that they will be on the street light poles where the Christmas wreaths are attached and further added that they are trying to use a new decoration program this year.

Richard Hirschfield commented that there is no motion required for these requests and that the Chamber may proceed with the decorations.

Brian Fitting requested permission to close Ferry Street, the area abutting the cannon, on the Sunday after Thanksgiving, November 28, 2004 from approximately 4 P.M. to 7 P.M. with bagging of the meters across the street for Santa’s arrival.

Geri Delevich motioned for the appropriate street closing on November 28, 2004 and Randy Flager seconded. The motion passed with all in favor.

Rey Velasco thanked the community for supporting the 2nd Annual Hoe Down on October 13, 2004 and the Pumpkin Ball on October 29, 2004.

PUBLIC WORKS

Jake Fell motioned to hire Frank James Carbone at a rate of $13.00 per hour subject to a probationary period and Randy Flager seconded. The motion passed unanimously.

POLICE

Richard Hirschfield announced a public hearing to consider the adoption of Ordinance
# 2004-15, amending the Noise Control Ordinance.

Sharyn Keiser motioned to adopt Ordinance #2004-15 and Ed Duffy seconded.

Geri Delevich proposed that the Ordinance be changed to eliminate the certain federal holidays since everyone seems to be working on these holidays.

The motion passed unanimously without amendment.

Richard Hirschfield announced a public hearing to adopt Ordinance # 2004-16 with respect to sidewalk encroachments. A young disabled boy went around New Hope and took videos of how poor the accessibility was for him in certain areas including sidewalks and properties in the Borough. This ordinance will help keep the sidewalks clear for the disabled.

Richard Hirschfield asked for a motion.

Sharyn Keiser made the motion to adopt Ordinance #2004-15 and Randy Flager seconded. The motion passed unanimously.

Ed Duffy asked who would enforce this.

Richard Hirschfield answered the police and code enforcement personnel.

Jake Fell asked where does the sidewalk start.

Richard Hirschfield answered the property line.

The motion passed with all in favor.

Richard Hirschfield asked for a public hearing to consider the adoption of Ordinance #2004-17 to prohibit parking on Dock Street.

Ed Duffy motioned to adopt Ordinance #2004-17 and Sharyn Keiser seconded. The motion passed unanimously.

Doro Kerr asked where Dock Street is.

Richard Hirschfield answered on South Main Street below Waterloo.

OLD BUSINESS
None

NEW BUSINESS
None

PUBLIC PARTICIPATION:
None

Meeting Adjourned at 10:15 P.M.