Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
JANUARY 10, 2006

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Geri Delevich, Rey Velasco, Randy Flager, Clair Shaw, Mayor Larry Keller, Borough Manager John Burke, Solicitor Colin Jenei, Borough Engineer Craig Kennard, and Chief Rick Pasqualini.

ABSENT: None

APPROVAL OF THE MINUTES OF DECEMBER 13, 2006:

Richard Hirschfield asked for consideration to approve the minutes of the December 13, 2005 public meeting and asked if there were any corrections or additions to the minutes. Randy Flager motioned to approve the minutes as presented. Rey Velasco seconded. The motion passed unanimously.

Richard Hirschfield announced the next item on the agenda is a presentation by James Cawley, Chairperson of the Bucks County Commissioners.

Commissioner Cawley stated that upon his appointment as County Commissioner, he pledged to attend a governing body meeting in each Bucks County municipality. He was here tonight to fulfill that pledge to New Hope Borough.

Richard Hirschfield announced that Commissioner Cawley would remain for a few minutes to answer questions at the back entrance to the meeting room.

MAYOR’S REPORT

Mayor Keller asked for consideration of adopting Resolution # 2006-05R, recognizing the Special Fire Police of the New Hope Eagle Fire Company. The Mayor explained that the resolution sets forth the authority and duties of the Special Fire Police in accordance with state law.

Sharyn Keiser motioned to approve Resolution No. 2006-05R. Randy Flager seconded. The motion passed unanimously.

PRESIDENT’S REPORT

Richard Hirschfield announced that there was an Executive Session before the Regular meeting this evening to discuss the Begg and Favorosa litigation matters, the McGahan pending litigation matter, and a land acquisition matter.

Richard Hirschfield acknowledged a contribution in the amount of $2,500.00 made by Partners in Progress (PIP) for a town center clock and a memorial plaque to recognize and remember the contributions of PIP.

Roy Ziegler of PIP asked Borough Council to consider allowing PIP to use the Borough for a storage place for all records of Partners In Progress (PIP), to allow PIP to continue to use Borough Hall as the official address for PIP, and to continue to recognize PIP as an active, non-profit corporation, as long as PIP is recognized as such by the IRS. He explained that PIP was very pleased with Borough Council’s efforts in establishing a Recreation Board and a Revitalization Committee and saw no need to duplicate these efforts.

Sharyn Keiser motioned to allow PIP to use the Borough for a storage place for all records of Partners In Progress (PIP), to allow PIP to continue to use Borough Hall as the official address for PIP, and to continue to recognize PIP as an active, non-profit corporation, as long as PIP is recognized as such by the IRS. Geri Delevich seconded. The motion passed unanimously.

Richard Hirschfield thanked PIP for its efforts in improving the Borough over the last ten years.

Richard Hirschfield announced the Council’s committee assignments and chairs for 2006:

• Richard Hirschfield, Council President; Police Department Liaison Chair.
• Sharyn Keiser, Council Vice President; Revitalization and Recreation Chair; Police Department Liaison Committee.
• Ed Duffy, Council Chairperson Pro Tem; Planning, Zoning & HARB Liaison Chair; Revitalization & Recreation Liaison.
• Geraldine Delevich, Community Affairs Chair.
• Randy Flager, Public Works Department Chair.
• Rey Velasco, Community Affairs Liaison;
• Claire E. Shaw, Planning, Zoning & HARB Liaison; Public Works Department Liaison.

Richard Hirschfield asked for consideration of authorizing reimbursement of certain legal expenses to Mayor Laurence Keller. Mr. Hirschfield explained that the Mayor is seeking reimbursement of a portion of the legal fees that he incurred in the Ethics Commission matter involving wedding fees. The reimbursement pertains to the fees already paid by the Mayor to his attorney in connection with the Ethics Commission proceedings only. In fact, the Mayor has supplied a letter from his attorney indicating that fees totaling $4,417.40 have been paid to date. The Mayor is not asking for reimbursement of the legal fees he expended for his appeal to Commonwealth Court.

Mr. Hirschfield stated that Council has received a legal opinion on this matter from its conflict counsel, T.J. Walsh, of Terry Clemons & Associates. Mr. Walsh stated that the Borough can reimburse the mayor for a portion of his legal fees, subject to a limitation of $2,500 per calendar year and provided that the legal services are “necessary,” that is, the legal services involve a matter in which the Borough has some official duty. Since the Mayor is authorized by state law to perform weddings as part of his official duties and the Ethics Commission has confirmed this fact, then Borough Council may, at its discretion, agree to reimburse his legal expenses, up to an amount of $2,500 per calendar year.

Geri Delevich asked if all of the legal expenses listed on the attorney’s invoice are related to the Ethics Commission proceeding. Richard Hirschfield responded that the last two items appear to be related to the Commonwealth Court appeal; however, these items are not reimbursable because their inclusion would exceed the $2,500 limitation each year and the Mayor has not asked for reimbursement of expenses related to the Commonwealth Court appeal. Geri Delevich asked that the invoice be reviewed in greater detail to exclude any Commonwealth Court appeal expenses before Council agrees upon a final reimbursement amount.

Ed Duffy motioned to approve reimbursement to the Mayor in the maximum amount of $4,147.50, with the final amount to be determined by the Borough Manager after examination of the invoice and with that amount to be listed on the February 14th accounts payable list for approval by Council. Randy Flager seconded.

Richard Hirschfield asked for public comment on the motion.

Bert Johnson stated his opposition to reimbursing the Mayor’s legal expenses.

The motion passed by a 7-0 vote.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for January 10, 2006, in the amount of $91,516.14; of payroll for December 21, 2005 in the amount of $47,706.36; and of payroll for January 4, 2006 in the amount of $40,481.09.

Sharyn Keiser motioned to approve payment of accounts payable for January 10, 2006, in the amount of $91,516.14; of payroll for December 21, 2005 in the amount of $47,706.36; and of payroll for January 4, 2006 in the amount of $40,481.09. Geri Delevich seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-06R, establishing a schedule of fees for construction permits and certificates of occupancy pursuant to the Pennsylvania Uniform Construction Code. Mr. Burke explained that the new fee schedule updates the previous schedule approved by Council in early 2004.

Rey Velasco motioned to adopt resolution No. 2006-06R. Randy Flager seconded. The motion passed unanimously.

John Burke announced a public hearing to consider adoption of Ordinance 2006-01, granting Comcast a nonexclusive franchise to construct, operate and maintain a cable television system within the Borough. Mr. Burke explained that this is a housekeeping matter in that the Borough approved the franchise agreement in 2000, but neglected to adopt it as an ordinance.

Randy Flager motioned to adopt Ordinance No. 2006-01. Sharyn Keiser seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-07R, establishing a schedule of fees for police reports, fire reports, sidewalk and curb permits, highway occupancy permits, Business Privilege Tax licenses and other miscellaneous items and services.

Sharyn Keiser motioned to adopt Ordinance No. 2006-01. Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-08R, establishing a uniform mileage reimbursement rate in accordance with the standard IRS business mileage reimbursement rate for 2006.

Rey Velasco motioned to adopt Resolution No. 2006-08R. Randy Flager seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-09R, adopting the Bucks County Hazard Mitigation Plan. Mr. Burke explained that the Bucks County Planning Commission and its consultant, URS Corporation of Pittsburg, Pa., prepared the plan with the assistance of a municipal advisory board. The plan satisfies federal requirements for adoption of mitigation plans by municipalities in order to qualify for mitigation grants.

Sharyn Keiser motioned to adopt Resolution No. 2006-09R. Ed Duffy seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-10R, designating the National Incident Management System (NIMS) as the basis for all incident management in the Borough. Mr. Burke explained that this is another requirement of federal law and that the fire company and the Police Department are already trained in various aspects of the Incident Command System.

Randy Flager motioned to adopt Resolution No. 2006-10R. Geri Delevich seconded. The motion passed unanimously.

HARB

Rey Velasco motioned to approve the following applicants and locations for a Certificate of Appropriateness.

Ed Duffy seconded the motion for approval of the installation of a sign, submitted by Michele Vigilante for 137 South Main Street. The motion passed unanimously.

Randy Flager seconded the motion for approval of the exterior painting, submitted by Paul & Theresa Parla for 281 West Mechanic Street. The motion passed unanimously.

Sharyn Keiser seconded the motion for the approval of a sign installation, submitted by Herb Hoover for 87 South Main Street. The motion passed unanimously.

Randy Flager seconded the motion for the approval to install awnings, submitted by Coldwell Banker for 42 North Main Street. The motion passed unanimously.

Randy Flager seconded the motion for the approval to change the color of an existing awning from tan to black, submitted by Keith Mowen for 7 East Bridge Street. The motion passed unanimously.

PLANNING AND ZONING

Ed Duffy motioned to approve a preliminary/final plan of minor subdivision, submitted by the estate of John Galloway, for T.M.P. No. 27-10-118, located at the intersection of West Bridge Street and Chestnut Street, in the Urban Residential (UR) zoning district.

Attorney Carl Lindsay was present to represent the applicant. Mr. Lindsay stated that this application proposes minor subdivision of TMP #27-10-118, located within the Urban Residential (RB) Zoning District. The subject site, consisting of 0.366 acres of land, has 90 feet of frontage along Bridge Street and 49 feet of frontage along Chestnut Street. The plan indicates a 3-story dwelling, 2-story garage and framed shed exists on the property, with driveway access from Bridge Street. The existing dwelling is a non-conforming structure with respect to the required front yard setback. As stipulated by the Zoning Hearing Board’s Decision, the existing garage, shed, and a portion of the driveway are required to be removed in order to subdivide the property. A single-family detached dwelling (Use B-1) is proposed for the new lot, consisting of 6,533 sf, with driveway access from Chestnut Street. The remaining lot will consist of 8,158 sf. The plan does not indicate any proposed public or site improvements.

Mr. Lindsay also stated that on May 27, 2005, the Zoning Hearing Board granted the applicant variances in order to subdivide the subject property into two residential lots. The variances granted were from Sections 500 and 502 to reduce the required lot width from 60 feet to 50.6 feet along Chestnut Street, and from Sections 500, 513 and 514.D to permit existing structures within the required rear yard building setback.

Richard Hirschfield asked Mr. Lindsay if he and the applicant agree to the conditions set forth in the Manager’s draft letter of plan approval. Mr. Lindsay stated that they agree to these conditions.

Rey Velasco seconded the motion to approve a preliminary/final plan of minor subdivision, submitted by the estate of John Galloway, for T.M.P. No. 27-10-118, located at the intersection of West Bridge Street and Chestnut Street, in the Urban Residential (UR) zoning district, subject to the condition set forth in the Manager’s letter of plan approval. The motion passed unanimously.

Ed Duffy asked for consideration of approving a preliminary/final plan of minor subdivision, submitted by Laurence D. Keller, for T.M.P. 27-10-36, located between West Bridge Street and West Ferry Street in the Urban Residential (UR) zoning district.

Attorney Carl Lindsay was present to represent the applicant. Mr. Lindsay stated this is a preliminary/final plan application for a proposed minor subdivision of a parcel located within the Urban Residential Zoning District (RB). The minor subdivision plan, consisting of one (I) sheet dated October 25, 2005, was prepared by Site Works Consultants, Inc. The subject parcel, consisting of 12,989 s.f., is located between Ferry Street and West Bridge Street and contains a two-story twin residential building (Use B3) and a portion of a 1-story commercial building (Use E1). Borough Council previously approved a lot line adjustment plan involving T.M.P.s #27-10-36 and #27-6123, which resolved an existing building encroachment issue between the two parcels. As a condition of this plan approval, Borough Council required submission of a separate minor subdivision plan due to the zoning issues regarding the subdivision of T.M.P. #27-10-36. On June 16,2005, the Zoning Hearing Board granted the applicant the requested variances from Section 500 related to the dimensional lot standards. No other zoning ordinance issues exist with this application. The applicant does not propose any new uses, construction or site improvements for the subject parcel.

Richard Hirschfield asked Mr. Lindsay if he and the applicant agree to the conditions set forth in the Manager’s draft letter of plan approval. Mr. Lindsay stated that they agree to these conditions.

Sharyn Keiser seconded the motion to approve a preliminary/final plan of minor subdivision, submitted by Laurence D. Keller, for T.M.P. 27-10-36, located between West Bridge Street and West Ferry Street in the Urban Residential (UR) zoning district, subject to the conditions set forth in the Manager’s letter of plan approval. The motion passed unanimously.

Richard Hirschfield stated that Mr. Scannapieco is not available at this point to present his sketch plan, so we will move to the next item on the agenda, Mr. Bruce Begg.

Richard Hirschfield asked for consideration of approving an appeal by Mr. Bruce Begg for a property located at 146 North Main Street, pursuant to Section 806 of the New Hope Borough Storm Water Management Ordinance.

Mr. Hirschfield noted that Mr. Begg was present this evening.

Craig Kennard stated that Mr. Begg is proposing to construct a single garage at 146 N. Main Street. Ordinance No. 2005-05, the New Hope Storm Water Management Ordinance, requires detailed plans and calculations to address increases in impervious surfaces. The ordinance exempts properties with a disturbance of less than 1,000 sq. ft. The proposed disturbance by Mr. Beg is approximately 1,761 sq. ft. Thus, the project does not qualify for an exemption under the ordinance. However, the applicant has an option under Section 806 of the ordinance to appeal the Zoning Officer’s decision in this matter and Mr. Begg has done so. Since the site is located in a direct discharge district to the Delaware River and Mr. Begg is proposing a negligible increase in storm water run off towards N. Main Street, Mr. Kennard supported the applicant’s appeal of the drainage requirements of the ordinance, but recommended that Council condition its approval of the appeal on Mr. Begg supplying a site plan and supporting impervious calculations signed and sealed by a registered professional engineer and paying the required application fee and escrow amount for plan review, including execution of a standard Professional Services Agreement.

Richard Hirschfield asked Mr. Begg if he agrees with the Borough Engineer’s recommendations. Mr. Begg stated that he agrees.

Randy Flager motioned to approve an appeal of storm drainage requirements by Mr. Bruce Begg for a property located at 146 North Main Street, pursuant to Section 806 of the New Hope Borough Storm Water Management Ordinance, subject to the conditions stated by the Borough Engineer. Ed Duffy seconded. The motion passed unanimously.

Richard Hirschfield announced a presentation of a sketch plan, submitted by Scannapieco Development Corporation, for T.M.P. 27-4-2(A), 27-4-2(B), and 27-4-3, located on the north side of the Rt. 202 Spur in the R-1 zoning district.

Mr. Tom Scannapieco introduced Mr. David Minno of Minno and Wasko Architects and Planners of Lambertville.

Mr. David Minno stated that under the RI Detached Cluster Dwelling option of the zoning ordinance a density of two dwelling units per acre is permitted on this parcel, which is located on Rt. 202 abutting Solebury Township, if a minimum of 30% open space is provided. Instead of the permitted single-family lot subdivision, our preference is to develop a more urban attached product targeted for the empty nester market. On November 15, 2005 we presented a sketch plan to Council showing 53 attached dwellings and 40% open space, without including the second parcel, consisting of 1.8 acres and located on the Route 202 Spur. The reaction of Council at that time was that the plan was too dense. There was also a request that we consider parking in the rear of the units.

Based on these comments, we have developed a new sketch plan showing 38 attached units with rear garages. These are arranged in two unit buildings located around landscaped courtyards. We continue to believe that this approach offers many benefits to both the Borough and the future residents and request that Council adopt an attached cluster dwelling option as part of the zoning ordinance.

Tom Scannapieco asked Council if there were any questions or comments on this latest sketch plan.

Rey Velasco asked what the developer planned for the 1.8 acre parcel. Tom Scannapieco stated that this is a separate parcel, and it was not used tonight to calculate density or any other factors. He stated that he is willing to donate this land to the Borough if his plan is approved. Sharyn Keiser stated that this land could be maintained as open space, with no development.

Ed Duffy asked for the width of the buffer between the project and Rt. 202. Tom Scannapieco replied that it appears to be about 140 ft.

Richard Hirschfield left the meeting at approximately 8:45 P.M. and Sharyn Keiser, Council Vice-President took the chair.

Geri Delevich asked about the adequacy of parking for visitors. Tom Scannapieco stated that there was adequate parking for visitors in his estimation, including on-street parking. Geri Delevich stated her preference for secluding the parking areas for visitors behind the structures.

Geri Delevich asked if any provision would be made for art. Mr. Scannapieco replied that art would not be part of this tract.

Geri Delevich stated that this tract must, somehow, be tied into New Hope. There has to be a connection between the new residents and the community.

Sharyn Keiser suggested that this tract could be connected to the Solebury Township bike path that has been proposed for this area.

John Burke asked about the possibility of installing a traffic signal on Rt. 202 to control access to the site and to the Bypass. Tom Scannapieco stated that this would involve relocating the proposed entrance to the development to an area along the curve of the road. It would not be safe.

John Burke stated that there is a need for an alternate access for emergency vehicles since the current plan shows only one driveway access to the site. Tom Scannapieco stated that this could be accommodated by using stone and a grass cover at a suitable location or by a separate entrance from the adjacent Solebury development to the north.

John Burke stressed the need for a complete traffic study by the applicant, covering the emergency access issue and the traffic signal issue.

Randy Flager expressed a concern with the adequacy of excess parking for visitors to the development. He stated that this plan is an improvement over the two sketch plans previously presented by Mr. Scannapieco; however, the density may still be too high. He asked about the proposed selling prices of the units. Mr. Scannapieco replied that the units will be sold for $800,000 and up.

Sharyn Keiser stated that the proposed density was an improvement; however, there is a need for a traffic signal and a safe connection to the Solebury bike path system.

Rey Velasco asked if the streets would be cobblestone. Tom Scannapieco replied that they would be asphalt.

Geri Delevich asked Mr. Scannapieco to consider two master bedrooms in each unit.

Ed Duffy inquired on Mr. Scannapieco’s intent with respect to the proposed office tract development in Solebury. Tom Scannapieco replied that he has received all required approvals from Solebury for the office park development, but has delayed the start of the project because of a perceived lack of demand for new office space in this area.

NEW BUSINESS

Sharyn Keiser stated that Council should consider taking a position on the upcoming McGahan Zoning Hearing Board application, which is scheduled for this Thursday evening. The application is applies to T.M.P. # 27-10-108, located on New Street in the Urban Residential zoning district. The applicant is requesting variances for steep slopes, minimum lot area, maximum density, maximum building coverage, maximum impervious coverage, and minimum landscaped area. He is also seeking to intrude with projections into the front yard setback, which has already been substantially reduced by a prior variance.

Randy Flager motioned to authorize the Borough Solicitor to oppose the front yard setback variance request by McGahan. Claire Shaw seconded. The motion passed by a vote of 6-0.

Sharyn Keiser noted that Rey Velasco would prefer to continue as a Liaison to Planning, Zoning and HARB. Council agreed that Rey should continue this responsibility in 2006.

PUBLIC COMMENT

Joe Balderston asked Council to consider revising the parking meter ordinance. He stated the meter hours of operation are an unfriendly signal to visitors. He also stated that the stickers on meters informing people to avoid broken meters give a bad impression of the town. He stated that the ordinance should be changed to allow free parking on Sundays and holidays and that meter enforcement should end at 6:00 P.M. daily. Mr. Balderston stated the purpose of parking meters is to manage parking demand, not to raise revenues.

Bert Johnson asked Council to consider adopting a resolution in support of Pa. Senate Bill 977, which calls for a voter verified paper record of each individual’s vote.

Sharyn Keiser thanked Mr. Johnson for his comments and stated that the information that he supplied was received only yesterday and that Council had not had sufficient time to study it. Ms. Keiser stated that this matter would be placed on Council’s February agenda for consideration.

Mr. Johnson stated that the parking meters were a hot topic with the restaurants and the Chamber and that the meter times of operation can’t be read in the dark.

ADJOURNMENT