Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
MINUTES
NOVEMBER 15, 2006

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Geri Delevich, Randy Flager, Mayor Larry Keller, Borough Manager John Burke, Borough Solicitor T.J. Walsh, Borough Engineer Craig Kennard, Borough Zoning Officer Bob Larason, Assistant Fire Marshal Daryl Jurbala, and Chief Pasqualini.

ABSENT: Rey Velasco and Dr. Claire Shaw.

MAYOR’S REPORT

Mayor Keller announced that Pam Minford passed away on Monday night November 13, 2006 and recognized her outstanding contributions to the New Hope community.

Mayor Larry Keller presented the Vice President of the New Hope Eagle Fire Company and Assistant Chief Craig Forbes with a Proclamation recognizing the company’s service to the New Hope community.

Mayor Keller asked if there was anyone in attendance representing the Business Alliance.

Richard Hirschfield stated that this item would be postponed until the arrival of the Business Alliance.

PRESIDENT’S REPORT

Richard Hirschfield announced that there was an Executive Session prior to this meeting at Borough Hall to discuss a real estate acquisition matter, the Division Street litigation and a personnel matter.

Richard Hirschfield announced there are several changes to the agenda as follows item: item 6E, the Tuscano minor subdivision, has been deleted; items 6C and 6D, two HARB applications, have been moved ahead of 6A and 6B, which pertain to the new zoning ordinance, on the agenda. Item 6C and 6D are related to the current zoning ordinance and 6A is a public hearing to adopt the new zoning ordinance. The purpose is to address each item in the proper order.

Richard Hirschfield announced that the budget for 2007 would be available at Borough Hall on November 20, 2006 for the public to review. There will be no discussion on the budget tonight, but a public hearing on the budget is scheduled for December 20, 2006.

Richard Hirschfield thanked Doro and Charles Kerr for the donation of a weed eater to the Public Works Department.

Richard Hirschfield asked for consideration of approving a lease agreement for the Borough-owned parking lot adjacent to Union Square. The only bid submitted was from Union Square L.P. in the amount of $24,999.96 a year for a five-year term, to be paid in monthly installments with a 1% increase per year starting in year two. The maintenance to be performed by the lessee includes plowing snow, landscaping, etc.

Ed Duffy moved to approve the lease agreement for the Borough-owned parking lot adjacent to Union Square with Union Square L.P. in the amount of $24,999.96 a year for a five-year term, which will be paid in monthly increments with a 1% increase per year starting in year two. The maintenance includes snow plowing, landscaping, etc., which is the responsibility of Union Square, L.P. Randy Flager seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

Richard Hirschfield announced that there have been many months of discussion on settlement of a lawsuit between Begg and Schmauk verses New Hope Borough having to do with the ownership of Division Street. An agreement has been reached that provides the Borough with a permanent easement to the river for pedestrians, with proper safety precautions. Each abutting property owner would maintain the easement area.

Sharyn Keiser moved to approve the settlement and the stipulation for the matter of Begg and Schmauk versus New Hope Borough, BCCP #2006-02601-30-5. Randy Flager seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

Richard Hirschfield announced the consent agenda, items 4A thorough 4F, and asked Council if anyone wants to remove an item from the consent agenda.

Richard Hirschfield asked for a motion to approve the following items on the consent agenda.

A. Consideration of approving payment of accounts payable for November 15, 2006, in the amount of $125,713.42; of payroll for October 11, 2006 in the amount of $47,708.97; of payroll for October 25, 2006 in the amount of $66,014.66; and of payroll for November 8, 2006 in the amount of $44,966.53.
B. Consideration of appointing Burton and Browse LLP to audit the 2006 financial statements and records of the Borough.
C. Consideration of approving the purchase of one (1) 2006 Chevrolet Impala police sedan, pursuant to Pa. Department of General Services contract no. CN00023114.
D. Consideration of appointing Ms. Rita deAlba as an alternate member of the Shade Tree Commission.
E. Consideration of authorizing the Director of Public Works to hire Matthew James Deckes as a full-time Laborer at a rate of pay not to exceed $14.00/hr., subject to a 90-day probationary period and all other requirement of the New Hope Borough Employee Handbook.
F. Consideration of approving the issuance of Certificates of Appropriateness, as recommended by HARB, for:
(1) 31 Waterloo Street, by Chris Papaioannou, for approval of architectural details from October 3, 2006 HARB meeting;
(2) 90 S. Main St., by John Whitehead for 90 Main, for enclosure of stairway at rear of building facing Waterloo Street;
(3) 72 N. Main St., by Jacqueline & John Hover, for installation of new roof, windows, and exterior painting.

Ed Duffy moved to approve items 4A through 4F and Randy Flager seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

MANAGER’S REPORT

John Burke asked for consideration of Resolution No. 2006-30R, establishing police officer contributions to the Police Pension Plan in 2007. The current rate for 2006 is 2% and the actuary, Thomas Anderson and Associates, has recommended a decrease to 1% in 2007.

Randy Flager moved to approve Resolution No. 2006-30R and Duffy seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

John Burke announced that he was going to temporarily skip over item 5B, the cable television franchise agreement with Verizon, and move to item 5C.

John Burke announced that there were two bids received for the annual landscape maintenance contract for 2007, and there were irregularities in one of the bids. Council has two options. The first is to reject the low bid because of the irregularities and award it to the higher bidder. There is a difference of $500.00. The recommendation of the Park and Recreation Board is to reject both bids and re-bid.

Sharyn Keiser moved to re-bid the contract for annual landscape maintenance for 2007 and Ed Duffy seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

Richard Hirschfield announced that item 6C is consideration of an application for a Certificate of Appropriateness to remove a shed and asked Paul Michael to come forward to discuss the proposed demolition.

Paul Michael stated that the proposal is for a pocket park in place of the shack to create a nice sitting area along the canal. Currently, the shack is an abandoned building that continues to be run down year after year.

Mr. Michael stated that Susan Taylor from the Friends of the Delaware Canal suggested that the site be improved by adding a bench, lighting, fence and an easel for an artist.

Mr. Michael noted that ideas were also incorporated from the New Hope Canal Walk Master Plan.

Richard Hirschfield commented that there were many offers of free rent to use the building and no one took advantage of it.

Geri Delevich stated that the President of Arts Bridge called the Michael’s office and was told the offer to use the building rent free was off the table.

Geri Delevich read a statement into the record from the Arts Bridge Organization. “The Arts Bridge Board has discussed the possibility of utilizing the building at 28 West Mechanic Street for a combination art studio and artist headquarters. Arts Bridge is the New Hope Lambertville Community Arts Organization with 400 members who are devoted to promoting the arts in the River Communities. The buildings closest to Mechanic Street contribute to the long history of the arts in this area. We at Arts Bridge would like to open discussions with George Michael about this building so we can preserve this canal side cottage to further promote the New Hope art culture in memory of Arts Bridge founder Doris Brandes.”

Joanne Lutostansky stated that there was a conversation with Arts Bridge, but she does not remember the end result and has no recollection of stating that the offer was “off the table.”

Richard Hirschfield read a letter into the record from Susan Taylor, dated November 13 2006:

“Would you please convey the following message to the members of Council. I apologize for having to resort to e-mail but time has not been on my side.

“It is my understanding that New Hope Borough Council will be considering George Michael’s HARB application for the demolition of the ‘Shack’ that is located near the Ingham Creek Aqueduct on the Delaware Canal Towpath.

“In principle, the Friends strive to ensure that the Delaware Canal and its surroundings retain their unique character. Given the Shack’s location and its interesting use history, it would seem that the building should be retained, but a more thorough examination of the structure and the situation has led me to conclude otherwise.

“Although some facade details of the building are appealing, the building seems to have been poorly constructed using inferior materials. The building has no water and sewer service. The building’s limitations, including its small size, very limited access, lack of utilities, and poor condition, lead me to believe it will not be viable or sustainable into the future.

“I believe that demolition should be allowed.

“To preserve the spirit of the Shack and its past occupants, I would urge that the proposed sitting/park-like area include a space where an artist can set up his/her easel and work en plein air.”

Geri Delevich commented that she spoke to Susan Taylor today and told her about Arts Bridge and its interest. However, Ms. Taylor suggested stipulations for Arts Bridge: that they would have to have a formalized plan and that the building would have to be maintained and cared for by Arts Bridge. If all these items were black and white in a proposal, she would be in favor of maintaining that building.

Geri Delevich recommended that this decision be put off for one month.

Bob Gerenser was in favor of keeping this building and recommended that it be moved rather than demolished. He felt that age should not by the only criteria addressed for historic significance and that this building has a significant history with famous local artists. Lastly, Mr. Gerenser was concerned with the steep embankment at this location.

Sharyn Keiser asked when George Michael made the offer for use of this building by artists.

Paul Michael stated that the offer was made about a year ago.

Richard Hirschfield asked George Michael if he would give someone 60 days to relocate this structure.

George Michael agreed to the 60-day period.

Richard Hirschfield asked for a motion.

Randy Flager moved to issue a Certificate of Appropriateness approving demolition, subject to allowing someone to relocate this building at his or her expense until the end of January 2007. In addition, an historic marker, in cooperation with the Michener and the Historic Society, will be placed, at the expense of the owner, recognizing the artists and the events that have taken place at the site. Last, the applicant will present final design plans for the view area to the Borough for its approval.

Geri Delevich stated that Arts Bridge is asking for a 30-day delay

Sharyn Keiser seconded Mr. Flager’s motion.

Geri Delevich stated that character is keeping some of the old and having some of the new, and there is an opportunity here to preserve the building on the canal, and Arts Bridge wants to try.

Richard Hirschfield called the question and the motion passed 4-1-0 as follows:

George Michael stated that if anyone is interested in moving the building, that he would contribute $5,000 towards moving expenses.

Richard Hirschfield announced that item 5B, the consideration of an ordinance approving a cable franchise agreement with Verizon, was skipped and asked for a motion to table it until December 20, 2006.

Randy Flager moved to table consideration of an ordinance approving a cable television franchise agreement with Verizon until December 20th, 2006, and Sharyn Keiser seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

Ed Duffy moved to approve a Certificate of Appropriateness for Ty Culiner, 55 North Main Street, for elevating her dwelling by 6.4 feet. If the Zoning Hearing Board approves a variance for the front stairway, the applicant must return to HARB for review of the stairway. Sharyn Keiser seconded.

Richard Hirschfield asked for comment from Council and the public.

The motion passed unanimously.

Ed Duffy also mentioned that the building must be painted to blend in better with the surrounding dwellings.

Richard Hirschfield thanked the members of the Zoning Ordinance Committee for all their hard work in moving the new Zoning Ordinance and map to fruition. This has been worked on for four years.

Richard Hirschfield stated that if there are items that are recommended for changes, these could be put in the form of an amendment that would be visited next year.

John Burke announced that there is a proof of publication showing that the ordinance and map were advertised on October 19, 2006 and October 26, 2006 in The New Hope Gazette. All affected property owners were notified by mail. This notification pertains only to properties affected by a change in zoning classification. Also, notices were posted on these properties in conspicuous places, as required by law.

Richard Hirschfield commented that the current Zoning Ordinance was adopted in 1981 and was amended several times through 2004. There was a Comprehensive Plan adopted in 1997. The new ordinance includes new land use and environmental issues, natural resource protection standards, national and state floodplain requirements to ensure compliance with relevant laws and to prohibit development that would increase flood heights, velocities, and frequencies. Older buildings in the historic district are protected along with business and residential districts.

Randy Flager thanked the Committee members for their hard work.

Geri Delevich thanked the Committee members for their hard work and commented on an item, the definition of family, located on page 5 of the ordinance and stated the she hopes that it will be amended in the future to prevent discrimination in line with the Borough’s ordinance that prohibits discrimination on the basis of sexual orientation. The definition of “family” in the ordinance reads as follows: One or more persons related by blood, foster relationship, marriage or adoption and in addition any domestic servants or guests thereof; or, a group of unrelated persons living together as a single non-profit dwelling unit, maintaining a non-transient common household with single cooking and dining facilities sharing a permanent unity in social life.

Ms. Delevich stated “The Golden Girls” as an example. This generation may consider moving in with three or more friends in a house. Ms. Delevich suggested that if related people can have more than one kitchen than so should unrelated, and suggested eliminating single cooking and dining facilities.

T.J. Walsh commented that “cooking facilities, not “single,” is actually indicative of having a family unit or not and is of historical reference and judicial importance, such that we may not want to it give up.

Danny Leuzzi asked Council if the changes discussed in the past regarding the Light Commercial district, which allows retail in his area, did in fact take place.

Richard Hirschfield answered yes.

Sharyn Keiser moved to adopt the New Hope Borough Zoning Ordinance and map, Ordinance No. 2006-13, and Randy Flager seconded.

Richard Hirschfield asked for comment from Council and the public.

Jo Balderston asked what applications would be considered under the old ordinance, and if such applications were denied, how would they stand legally?

T.J. Walsh answered if an application is a new submission, it would come under the new ordinance. If Council denied a prior application that was submitted under the old ordinance, it would have to be re-submitted under the new ordinance, unless a court decided otherwise.

The motion passed unanimously.

Richard Hirschfield announced that item 6 B is next on the agenda.

John Burke asked for consideration of Resolution No. 2006-31. The resolution implements a provision found in the new Zoning Ordinance pertaining to parking requirements. One option is a one-time fee of $1,000.00 per space, which is set aside for maintenance and upkeep of current parking facilities in the Borough.

Ed Duffy moved to adopt Resolution No. 2006-31. Sharyn Keiser seconded.

Richard Hirschfield asked for comment from Council and the public.

Geri Delevich asked if a portion of the proceeds could be used to offset the cost of free parking during the holidays.

The motion passed unanimously.

Ed Duffy asked Ed McGahan to come forward to begin his presentation on New Canal Village.

There was a short recess at this point.

Richard Hirschfield called the meeting to order.

Mike Carr, Esq. introduced himself and stated that he represented Ed McGahan, and was present to discuss a proposal on a set of twins to be developed on New Street. There was a discussion about the reports by the Borough Engineer and Zoning Officer and on the HARB guidelines in reference to building height. Mr. Carr explained that the applicant is seeking plan approval this evening.

Mr. Burke stated that he had an agreement with Mr. McGahan that tonight’s meeting would involve a presentation only and that Council action would be scheduled in December.

(Please see attached documents for presentation details.)

Thom Smyth, 96 New Street, expressed concern about the scale of the proposed buildings in relation to his house.

Bob Gerenser commented that he feels that the developer will do a beautiful job.

Joel Roberts of Mechanic Street commented that another parking lot will be lost with this project and that he would like to see the parking spaces made up somewhere else.

Debbie, a resident of New Hope, commented that this would be one of the prettiest projects in the area.

Joe Balderston asked if the walls are stone walls or stone veneer.

Andre D’Alessio, Mr. McGahan’s contractor, answered all stone.

Richard Hirschfield added for the record, it is an 18-inch stonewall.

Randy Flager commented that this is a gorgeous project.

Richard Hirschfield commented that there is a Zoning Hearing Board decision which cannot be retracted because we did not appeal it. There is still an open issue with the HARB question concerning building height, and we need documentation in order to make that decision. Otherwise, there are no zoning issues, and it is a question of reviewing the engineer’s and Zoning Officer’s reports.

Geri Delevich asked if there are any sidewalks in front of that location.

Mike Carr answered yes.

Ed Duffy moved to allow Service Select, Inc. to place a 4-foot by 30-foot banner at the New Hope Super Fresh store, located on West Bridge Street at Sugan Road and Sharyn Keiser seconded.

Richard Hirschfield asked for comment from Council and the public.

Sharyn Keiser asked how long the banner would be up.

Richard Hirschfield answered about a month; it is just until the permanent sign for the store is ready.

RECREATION BOARD

Richard Hirschfield left the room at this time.

Sharyn Keiser moved to authorize Pickering, Corts and Summerson, Inc. to prepare bid specifications and plans for Lenape Park, and Geri Delevich seconded.

Richard Hirschfield returned to the room at this time.

Evan J Stone of Pickering Corts and Summerson, Inc presented a conceptual plan of the new Lenape Park at 52 West Ferry Street.

Richard Hirschfield asked for comment from Council and the public.

Sharyn Keiser asked if the Borough would get the park presented this evening for $244,000 if we bid the project tonight?

Evan J Stone answered yes. Once the design is finalized, the game plan is to set up the bid documents with a series of add and deduct alternates to insure that the final product will fit within the Borough’s budget caps.

Richard Hirschfield commented that it looks like about 30% of the project will be phased in the future, which would not affect the integrity of the park.

Evan Stone answered yes.

Geri Delevich commented that the plan is beautiful, and the park has an urban feel. Ms. Delevich likes the Petanque facility, but asked why there is not a regulation court instead of just a gravel space as shown in the presentation tonight.

Evan Stone answered it is underneath the trees and could be marked out with Belgian block if the community wants that.

Geri Delevich read into the record some “buzz” words, which could be associated with the park, that she heard at a conference on aging: “A community that supports and empowers intergenerational social networking and age integration inclusion and social connectiveness….” This is how the Petanque court will help people of all ages to interact with each other. A grandparent can teach their grandchild and the same with chess.

Geri Delevich asked how large is the water feature?

Evan Stone answered 3 feet wide and approximately 30 feet long, which is still conceptual.

Geri Delevich asked about liability. Can people throw the stones?

Evan Stone answered that the liability question is a good one and big heavy stones could be used.

Geri Delevich asked how deep is the water feature?

Evan Stone answered 18 inches.

John Burke said anything over 24 inches in the Uniform Construction Code is considered a pool and requires fencing.

Geri Delevich asked when there is a flood what would happen to the water feature?

Evan Stone answered that a good water feature would have an overflow drain and a shuttle, and it will not call for water when it is full. Plus, it could be designed to tie into the storm water system.

Randy Flager commented that he is really impressed with the project design.

Joel Roberts, Mechanic Street, commented that the one-ended park may be a safety issue with children being chased into the park and not being able to get out.

Richard Hirschfield commented that it is one-ended because there is no sidewalk on West Bridge Street.

The motion passed unanimously.

COMMUNITY AFFAIRS

Geri Delevich announced the Visitors Center report for October as follows:

Visitors 3, 881
Calls 700
Brochures 27
Sales $243.00
Donations $513.00

Geri Delevich thanked Earl Bierman and his Board for a great job on the Town Clock; it looks great.

Geri Delevich thanked Joe Knox and the Historic Society for the historic markers that were recently installed around town.

Geri Delevich congratulated Brian from Artizans for the Second Saturday events. It has been a success.

Geri Delevich congratulated the New Hope Solebury Soccer Team. They won their state semi finals Tuesday, and they advance to the state championship game.

Geri Delevich announced a thank you letter from the seniors for the $150.00 the Borough donated in 2006.

Geri Delevich announced that a visitor in town over the weekend wrote a very nice letter about the friendliness and cleanliness of the Visitors’ Center.

Richard Hirschfield commented that the New Hope Police Department recently received a letter on how friendly our police officers are.

Joe Balderston asked Council if the Hipple projects proposed for North Main Street and West Bridge Street could be moved along as quickly as possible. Mr. Balderston also asked if a sign could be erected at Bridge and Main for tourists telling them the shops on North Main are open during construction of the Hipple project.

Council commented on the great job done by Spencer Saunders and HARB with the large meeting they had on the 13th of November about the Hipple project.

ADJOURNED