Meeting Minutes

NEW HOPE BOROUGH
Regular Meeting
MINUTES
November 15, 2005

Present: Richard Hirschfield, Sharyn Keiser, Jake Fell, Ed Duffy, Geri Delevich, Rey Velasco, Randy Flager, Borough Manager, John Burke, Solicitor Colin Jenei, and Chief Pasqualini.

John Burke also introduced newly elected Council member Dr. Claire Shaw.

MAYOR’S REPORT

Mayor Keller thanked the audience and Council for all the support he received during the election.

PRESIDENT’S REPORT

Richard Hirschfield announced the Council meeting for December 13, 2005 would start at 7:00 P.M. instead of 7:30 P.M. here at the high school.

Richard Hirschfield announced the Chamber’s annual tree lighting ceremony would be held on Saturday November 26, 2005

Richard Hirschfield announced that Phase I customers who are basically the people south of Mechanic Street now have been notified that they have another period to hook up at the reduced rate of $1,500.00 until the end of the year and after that the rate will go up to $7,200.00, plus the cost of the meter. Phase II connections will be available sometime after the first of the year, hopefully in January or February. There will be a grace period of 90 days to hook-up at the $1,500.00 rate after notification from BCWSA.

Joe Balderston asked what the procedure is once you received the permit and when do you get the water into your building.

Richard Hirschfield answered that the procedure would be outlined in the letter you get from BCWSA. The BCWSA arranges the meter, and the plumber that you hire will make the hook-up.

Richard Hirschfield announced that there was an Executive Session at Borough Hall at 6:30 P.M. to discuss a personnel matter and three litigation matters, i.e., the Begg, Dock Street and Favoroso litigation matters

Richard Hirschfield announced that the budget for 2006 will be available on November 17, 2005 and on December 13th, 2005 there will be a public hearing on the budget.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for November 15, 2005, in the amount of $104,892.15; of payroll for October 12, 2005 in the amount of $45,371.40; of payroll for October 26, 2005 in the amount of $60,809.96; and of payroll for November 9, 2005 in the amount of $43,247.74. Rey Velasco motioned to approve the accounts payable and payrolls. Sharyn Keiser seconded. The motion passed unanimously.

John Burke asked for consideration of awarding a contract for the purchase of directional signs for the Canal Walk Signage Program. This project is funded by a $20,000 grant provided by the Delaware and Lehigh National Heritage Corridor Commission. The Borough went out to public bid two times and received no bids. Pennsylvania law allows the Borough 45 days from the date of the last bid advertisement to negotiate a contract price. A negotiated price has been reached with a company called Sign Design Associates Inc. of Allentown PA. The total cost, including installation of the signs, is $12,120, which is well below the amount of the grant.

Richard Hirschfield asked for a motion to award the directional sign contract to Sign Design Associates Inc. of Allentown PA.

Rey Velasco motioned to award the directional sign contract to Sign Design Associates Inc. of Allentown PA in the amount of $12,120 and Sharyn Keiser seconded.

Geri Delevich asked if the same specifications and same quality are going to be used.

John Burke replied yes, and they gave the Borough more than what was originally asked for. This company added installation into the cost.

The motion passed unanimously.

John Burke asked for consideration of awarding a contract for landscape maintenance for 2006 at various locations in the Borough. This is primarily for the mini parks and was advertised in the August 11, 2005 and August 18, 2005 issues of the New Hope Gazette. There were three bids received. The first was from C.A. Vybiral in the amount of $24,00.35, the second was from Professional Landscape Services in the amount of $12,512.00, and the third was GorCon Inc. in the amount of $11,649.00. GorCon was also the lowest bidder on a resurfacing project on West Mechanic Street this past summer.

Richard Hirschfield asked for a motion to award GorCon the landscape maintenance contract for $11,649.00.

Randy Flager motioned to award Gorcon the landscape maintenance contract for $11,649.00 and Jake Fell seconded.

The motion passed unanimously.

John Burke asked for consideration to adopt Resolution No. 2005-22R, distributing pension system state aid in 2005. The Borough received the state aid check last month. The recommended allocation by the pension plan actuary, Thomas Anderson and Associates, is the full $76,96.08 to the police pension plan.

Richard Hirschfield asked for a motion to adopt Resolution No. 2005-22R, distributing pension system state aid for 2005.

Sharyn Keiser motioned to adopt Resolution No. 2005-22R, distributing pension system state aid in 2005 and Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration to adopt Resolution No. 2005-23R, establishing the police officer contribution to the police pension plan in 2006 at the recommended 2% rate by the actuary, Thomas Anderson.

Rey Velasco motioned to adopt Resolution No. 2005-23R at the 2% contribution rate recommended by the actuary, Thomas Anderson. Randy Flager seconded. The motion passed unanimously.

John Burke asked for consideration on behalf of Janell Hammond, Borough Treasurer, to obtain permission to file complaints with the District Justice for the collection of approximately fourteen delinquent 2005 Business Privilege Tax payments.

Jake Fell motioned to authorize the Borough Treasurer to file complaints with the District Justice for the collection of approximately fourteen 2005 Business Privilege Tax delinquent payments and Rey Valesco seconded.

Rey Velasco asked how much the Business Privilege Tax was.

Richard Hirschfield answered $375.00 per year and for every month that the payment is late, there is an additional $10.00 penalty.

Geri Delevich commented that the memo referencing the late payments by the businesses is dated November 2, 2005 and asked if the businesses have been notified.

John Burke answered many times.

Randy Flager wanted to read the names of the businesses.

Colin Jenei recommended that until the filing of the charges takes place, the document should be withheld.

Rey Velasco asked if parking lots pay a Business Privilege Tax.

Richard Hirschfield answered yes, if privately owned.

The motion was passed unanimously.

John Burke asked for consideration to adopt Resolution No. 2005-24R, authorizing the County of Bucks to prepare a hazard mitigation plan for New Hope Borough and for other municipalities that choose to join in this project with the County. The reason for a hazard mitigation program is a 2000 federal law, which requires municipalities to have such plans in effect in order to qualify for mitigation grant funds. Mitigation funds are sometimes made available after natural disasters to local municipalities to mitigate or lessen known problems so they do not reoccur or to minimize dollar losses. For example, the County has worked with municipalities at the lower end of the County over the past 6 years to mitigate the damages along the Neshaminy Creek caused by flooding. The plan involves either buy-outs of houses along the Neshaminy Creek or the elevation of homes to move them out of harms way.

Richard Hirschfield commented that the local emergency management organization has reviewed this plan and supports the County in the development of this plan.

Richard Hirschfield asked for a motion to adopt Resolution No. 2005-24R, authorizing the County of Bucks to prepare a hazard mitigation plan for New Hope Borough.

Sharyn Keiser motioned to adopt Resolution No. 2005-24R, authorizing the County of Bucks to prepare a hazard mitigation plan for New Hope Borough and Rey Velasco seconded.

Geri Delevich asked if we would have representation at these County meetings.

John Burke answered yes that he is on the County Steering Committee.

John Burke asked for consideration to authorize Burton and Browse LLP to conduct the 2005 audit of Borough’s financial statements and records.

Richard Hirschfield asked for a motion to authorize the hiring Burton and Browse LLP to conduct the 2005 audit of Borough’s financial statements and records at a cost of $5,200.

Geri Delevich motioned to authorize the hiring of Burton and Browse LLP to conduct the 2005 audit of the Borough’s financial statements and records at a cost of $5,200 and Jake Fell seconded. The motion passed unanimously.

PLANNING AND HARB COMMITTEE

Rey Velasco reviewed the following applications for Certificates of Appropriateness:

1.) 115 South Main Street by Last Temptation to remove Mural B as noted in the Exhibit A photograph. Ed Duffy motioned to award a C o A and Sharyn Keiser seconded. The motion passed unanimously.

2.) 18-20 West Mechanic Street, by Joanna Broadfoot, for sign installation. Ed Duffy motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

3.) 58 West Mechanic Street, by Daltin Harbin for the installation of a copper roof. Rey Velasco motioned to award a C of A and Geri Delevich seconded. The motion passed unanimously.

4.) 82 South Main Street, by Brian Montgomery for exterior painting conditioned upon receipt of a letter from the owner of the building as required by HARB. Rey Velasco motioned to award a C of A conditioned upon receipt of the letter and Ed Duffy seconded. The motion passed unanimously.

5.) 42 North Main Street, by Coldwell Banker, for sign installation. Rey Velasco motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

6.) 4 Stockton Ave., by Ricky Godinez & Paul Murphy, for sign installation. Rey Velasco motioned to award a C of A and Geri Delevich seconded. The motion passed unanimously.

7.) 58 West Bridge Street and 30 West Bridge Street by Union Square with three signs at each location. Ed Duffy motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

8.) 2 East Mechanic Street by Gail and Alex Febles for the replacement of awnings to black awnings and for changing paint trim from green to tan. Ed Duffy motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

9.) 48 West Ferry Street by Bucks County Bath and Body for installation of canvas awnings over dormers and front door totaling three. Ed Duffy motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

10.) 14 East Ferry Street, by Martine Landry, for fenestration and materials for windows and French doors. Ed Duffy motioned to award a C of A and French doors and Randy Flager seconded. The motion passed unanimously.

11.) 52 North Main Street, by Mr. & Mrs. Olson, and 54 North Main St., by Mr. & Mrs. Raimondo, for a rear yard addition to residences conditioned upon issuance of zoning and construction permits. Ed Duffy motioned to award a C of A and Randy Flager seconded. The motion passed unanimously.

Richard Hirschfield announced a presentation of a sketch plan for 10 through 16 East Mechanic Street to raise the structure above the 100-year flood plain and asked the counsel representing the applicants to identify himself.

Eric Toben stated that he is from Eastburn and Gray and represents the applicants. The primary goal is to raise the building up over the 100 year flood plain and some variances will be required for that. He understood that from the last presentation Council had concerns relating to impervious surface and also the turning radius within the roadway. Mr. Toben showed a plan of existing site conditions and one of the things that was not mentioned at the last presentation was that the site was comprised of two lots. The other lot is used for parking. For the existing conditions, the existing impervious surface coverage is 87.6% over both lots.

Randy Flager asked what is the impervious surface in the one lot without the parking.

Eric Toben answered it is well up over 90% possibly 92%.

Eric Toben stated the proposed plan would have additional green areas. When the building is raised and a new balcony is constructed, it will extend over 2 feet beyond where the impervious lies. In order to compensate for that all the hatched areas will be turned into lawn and right now 90% of that is impervious. Some of the back yards have flag stone and paving stone. All this will be removed to create more green space and when this is accomplished the impervious surface will go from 87.6% to 81.3%, so there will be a reduction of the impervious surface.

Randy Flager asked is the condominium association not permitted to sell that parking area.

Eric Toben answered yes that it would remain in the Association in conjunction with this and at the Zoning Hearing Board. They would accept that as a condition. The intent is to not have the two lots developed separately.

Eric Toben understood the other concern that Council had was in the turning radius within the road. The roadway will not be changed at all. We had some calculations by Gilmore and Associates under the criteria engineer’s use and found that the two most important vehicles, a ladder truck and ambulance. The ladder truck was well over 24 feet long and can make this turn. We also did the same for an ambulance and found that the ambulance would have no problem making the turn either. The criteria used were a simulation involving all the dimensions and characteristics of each vehicle.

Randy Flager asked if they intend on going closer to the street.

Eric Toben answered that when the units are raised, we obviously need access. What is proposed is that the ground floor will be non-living space with each unit having sets of doors in the back and in the front. The idea is that when a flood occurs the doors will be opened and there will be a natural flow through the structure instead of it acting like a dam. The access in the front was needed and what they are proposing is that a stairway would be added to the front.

Council had several concerns. Even though there is no sidewalk, it appears a pedestrian area is being taken away. The two doors in the center of the building step right out into the street the way this plan is designed. The stairway layout seems to be very imposing to a motorist going through there. A traffic engineering study would be necessary in order to allay our concerns. Council would like to see the impact on the street with vehicles, emergency vehicles, pedestrians, etc.

Eric Toben answered that the doors are inset so that when they are opened they will not extend beyond the exterior face of the stairway. There is an existing curb line and the Borough’s right-of-way only extends one foot beyond that and PADOT’S requirement is anything to be placed along the street is to be a minimum of 1.5 feet behind the curb and that will be met here with the stairway. The stairway will be 1-½ feet from the curb, and he added that just before the curb there is a stop sign and it does work

Kurt Schroeder from Gilmore and Associates identified himself as the engineer for this project. By building the stonewall, it will serve as a buffer and will be able to withstand impact a lot better making it safer. The wall itself will also have reflectors built right into it. The building will not be physically moved back. Currently, from face to curb the structure is back 4.0 feet. The building is standard frame construction. The 6 ½ deep basement is stone and rubble. When the building is raised up cribbing will be set up during the building of the foundation. There will be a covered porch which is a nonstructural piece in the rear that will hang beyond the existing footprint and make it a little larger.

Randy Flager asked how far back the building could be moved from the street.

Eric Toben answered that there may be another way to resolve this by eliminating a portion of the stairway and just have a balcony leaving the same distant from curb to house that exists currently, but eliminating the protrusion onto the sidewalk at the west end of the structure.

Don Williams, an owner of the building, commented that moving the building back would present significant increased costs and the expense right now is $500,000 to lift it. Mr. Williams also mentioned that he would be willing to put in a sidewalk and to put only one stairway in would give it a much wider curb radius.

Mayor Keller asked if the building could be recessed back to the west.

Gerard Higgins answered that the building could be moved back a little bit. The owners could cut back some of the sizes of their decks to gain a little bit. Each dwelling unit is currently eleven hundred and twenty square feet. There will be one hundred and twenty-five square feet added to the rear to each of the four units.

Richard Hirschfield asked how long the road would be closed for this project.

Kurt Schroeder responded that the road would be closed for a couple of hours at most.

Richard Hirschfield asked if the applicant is requesting any variances from floodplain regulations.

Eric Tobin responded no, that the structure would be flood proofed.

Richard Hirschfield commented that he felt the structure as presented will be as safe tomorrow as it is today.

Geri Delevich recommended that a safety analysis from the Riverkeeper would be necessary.

Eric Toben stated that his clients agreed to obtain all the studies requested by Council this evening and come before Council for another presentation before going to the Zoning Hearing Board.

Richard Hirschfield announced Marsha Brown will make a presentation to install wind chimes in the Old Church now known as Marsha Brown’s. Ms. Brown would like to contribute to the charm and atmosphere of the holidays by installing church chimes in the tower of Marsha Brown’s. She is before Council to get an exemption from the sound amplification regulations to be used only during certain times of the year.

Tim Kyper, who would be installing the system, gave a demonstration on the system. Mr. Kyper said the chimes are HARP chimes made from cast bells. They are capable of making Christmas music or hymn music or just regular tolls.

Richard Hirschfield asked Marsha Brown exactly what is she proposing.

Marsha Brown responded that she would like to have the times of the day tolled and during the holidays would like to play the holiday songs. She would be willing to have the times of use regulated. It would be an upper scale system and she is not trying to violate anyone’s rights. She requested that the Borough support an amplified music waiver from the Liquor Control Board (LCB).

Richard Hirschfield referred to the LCB regulations and stated 5.32A basically says that this is not permitted in the Borough. Music is not allowed to be heard outside the premises by state law. This basically says that there could be a petition for exemption from the LCB’s regulations regarding the enforcement of subsection A for all licenses of those within an identifiable area according to section 49B of the Liquor Code. If this request were approved for Marsha Brown, would it then be available to other licensees? Mr. Hirschfield at this time asked the Borough Solicitor, Colin Jenei, to interpret Section 5.32, subparagraph 9 G.

Colin Jenei stated that most people like church music, but there may be some that don’t and because of this. it could be a problem. This would be a dangerous precedent to set in terms of the law. In the past the bars and restaurants of the Borough have not been allowed to use amplified music and that has been enforced. The exemption that Mr. Hirschfield pointed out is having a certain percentage of the town be allowed to have amplified music if the Borough petitions and the LCB approves. He does not see anything that says that one establishment can do this. This is no longer a church, it is a restaurant/bar and you are asking for amplified music.

Randy Flager asked what if she just chimed by the hour similiar to a clock.

Colin Jenei answered that chiming by the hour would not be considered music. What they are talking about here is amplified music.

Richard Hirschfield commented that there are two areas here that they are talking about—chimes and music. He does not think chimes would come under the LCB, but feels that it comes under the Noise Ordinance of the Borough of New Hope.

A Councilmember commented that the chimes might be a charming idea.

Marsha Brown proposed that the chimes go off every hour and half hour, with one hit on the half hour.

Randy Flager recommended that permission to use the chimes be conditioned as follows: The chimes may be used on the half hour and on the hour, using a different chime to distinguish the time. This will be conditioned upon a trial period of 90 days. After that period Council can revisit this matter and make changes that would be more suitable to the community. The hours of operation would be limited to 10 A.M. through 9 P.M. daily. Sharyn Keiser seconded.

Tom Smyth, 96 New Street, asked Marsha Brown that if Council revisits the chimes after a ninety-day trial period and decides against them, wouldn’t that be too much of an investment to risk.

Richard Hirschfield answered that Council would not be arbitrary about the chimes.

Joe Balderston asked if the sound would come out of the steeple.

Marsha Brown answered yes.

A resident asked if this would be heard in the Village II development.

Elaine McNealey commented that this is a good idea, as long as it is properly regulated.

Roy Ziegler commented that the chimes should be on the hour only.

Ed Duffy commented that he would prefer on the hour as well.

Sharyn Keiser expressed agreement with on the hour only.

Rey Velasco commented that he would prefer on the hour as well.

Randy Flager changed the language of his motion at this time.

Randy Flager motioned to approve the chimes only for Marsha Brown’s (i.e., no amplified music) to be used seven days a week from 10:00 A.M. to 9:00 P.M. for a ninety-day trial period. The chimes are to be played on the hour only and allowance is to be made for modifications in the future if necessary. Rey Velasco seconded.

The motion passed unanimously.

Richard Hirschfield announced a break in the meeting at this time.

Richard Hirschfield asked for the meeting to resume.

Richard Hirschfield announced an informal presentation by Tom Scannapieco.

Mr. Scannapieco presented an aerial of a site, which is located north of Rt. 202 in the corner of New Hope. It is zoned R-1. There is large vegetation on this property and along 202 there is a little creek. At the last presentation we proposed 84 units in four story buildings that contained 12 units per building. There is a different plan today. The first plan is called a “by right plan.” It shows 12,500 square foot lots that would be permitted in R-1 cluster zoning. These have 85-foot frontages and 40-foot front yard setbacks, 25 rear yard setbacks, and 10-foot side yard setbacks. The parcel is 20.7 acres and that calculates to about 40 units and this plan shows 38. These houses are all single family.

Mr. Scannapieco would like Council to consider amending the zoning code to permit an attached unit cluster zoning that would permit him to do townhouses targeted towards empty nesters. The existing detached cluster provision permits 12, 500 square foot lots with 30% open space. This plan shows the 30% open space including the triangle shaped parcel, which is part of the same parcel and included in the deed, but located across Rt.202. The parcel existed as a single parcel before the highway came in and went across it. Plan II has 53 units and is based on three units per acre, and if we were able to get that, we would donate the triangle shaped area to the Borough. This piece is not included in the open space calculation under this plan. The open space area totals 40%. This parcel may be of interest to the Borough because it lines up with the back door so it might be used for a Visitor’s Center, a Library, a Community Center, an Art Center, or a drive-in bank like what was done at the video store. This plan has pocket parks, more of a village feel, and more formality in the presentation. The type of unit is an empty nester unit, which is what they specialize in as a company. Each one of these townhouses would have a private elevator. At this time, Tom Scannapieco introduced Dave Minno from Minno and Wasko Architects and Planners of Lambertville.

Dave Minno talked about the proposed plan for empty nesters. Mr. Minno presented a conceptual sketch that showed most of the wooded area would be kept around the site. The architecture would reflect HARB requirements.

Ed Duffy asked what size are the smallest and largest units including number of bedrooms and price range.

Dave Minno answered that there would be two bedroom units with a den and three bedroom units with a den.

Tom Scannapieco stated the units will probably be in the $700,000 to $800,000 range, and the average square footage would be 2800 square feet.

Randy Flager asked if they had a rendering of the single-family homes.

David Minno answered no.

Sharyn Keiser asked if this would have the appearance of the North Point development.

David Minno answered no.

Tom Scannapieco talked about this project having more pedestrian appeal and curb appeal by hiding the cars in the garages. There will be shared driveways giving a greater strip for green areas and two unit buildings so each of the units would have a side loaded garage.

Ed Duffy asked Tom Scannapieco if he owned the parcels.

Tom Scannapieco answered no that he had not closed on any of these parcels, that they just have agreements.

Council commented that the message is that the project needs to be less dense and more details need to be provided in terms of size, use, open space, etc.

Randy Flager stated that he is OK with the cluster concept, but the proposed density is excessive.

Richard Hirschfield asked if the development could be deed restricted as an age qualified community to prevent any adverse impact on the school district.

Tom Scannapieco answered yes, but that this was not his first choice.

Sharyn Keiser stated that she is not opposed to the addition of children to the school district and that the development is not special enough for New Hope—too crowded, with too many units.

Geri Delevich stated that parking at the rear of the buildings is more desirable and suggested front porches, marked trails, and a pedestrian bridge over Rt. 202.

Richard Hirschfield informed Mr. Scannapieco that the Borough would require review of the next submission by its professionals. He stated that the cluster concept appeared to be favorably received, but density remains an issue.

Sharyn Keiser announced vacancies for three alternate members of the Shade Tree Commission.

Sharyn Keiser announced that Tom Scannapieco will be stepping down from his position on the Planning Commission and thanked him for all his valuable service to New Hope Borough.

Sharyn Keiser announced an opening on the Planning Commission and asked anyone interested to please contact Borough Hall.

COMMUNITY AFFAIRS COMMITTEE

Rey Velasco reminded the public not to forget their flu shots.

Rey Velasco announced the October report for the Visitor’s Center:

• Visitor’s 3,791
• Calls 600
• Brochures 27
• Sales $57.50
• Donations $615.43

Geri Delevich announced that Partners in Progress would be celebrating 10 years of service to the community. The event will take place December 1, 2005 at 6:00 P.M. at Occasions. There will be hors d’oeuvres, dinner and wine for $50.00. Call 215 862 0883 for any other additional information.

Geri Delevich announced that she spent the day representing New Hope at the Second Annual Pennsylvania Governors Conference for Women. Attending this conference was Madeleine Albright and Justice O’Connor who gave an excellent speech. This all took place at the Philadelphia Convention Center and 4,700 people attended. Geri also added that so many people at the conference raved about New Hope.

PUBLIC WORKS COMMITTEE

Jake Fell announced that the department is getting their trucks painted red. They will be easier to see in a snow storm.

POLICE COMMETTEE

Nothing to Report

OLD BUSINESS

Nothing

NEW BUSINESS

Nothing

ADJOURNEMENT