Meeting Minutes

New Hope Borough
Regular Meeting of Borough Council
January 11, 2005
MINUTES

Richard Hirschfield called the meeting to order at 7:31 P.M.

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

Richard Hirschfield announced that there was an Executive Session before the regular meeting tonight to discuss a personnel matter, a real estate acquisition matter and the Dock Street litigation.

ABSENT: None.

Richard Hirschfield asked for a motion to approve the minutes of December 14, 2004.

Rey Velasco motioned to approve the minutes and Sharyn Keiser seconded. The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller announced the cost of running the Police Department is a little under 1 million dollars and the revenue received from meters and motor vehicle violations accounts for 72% of the cost for our Police Department.

COUNCIL PRESIDENT’S REPORT

Richard Hirschfield introduced Alex Dyke, P.E., of Gilmore and Associates to present a status report of the Phase II Bucks County Sewer and Water Project.

Mr. Dyke announced that progress has been very good since the last Council meeting. Water main installations have been completed in Kiltie, Lower Old York Road, Sugan Road, Riverstone Circle (up to the circle), and portions of West Bridge Street. Fire hydrants have also been installed. In the next couple of weeks, the contractor will be crossing Sugan Road and then they will proceed down Bridge Street from Sugan Road down to Riverstone to connect there and then jump to where they left off at Kiltie, at the west end of Kiltie Drive, and proceed eastward towards Stockton and run down North Main and Stockton as well. This schedule will bring us to the end of next week. Crews will be coming back to each location to install service connections. The mains will first need to be charged with water, disinfected, flushed and pressure tested. After the service is installed, another pressure test will be scheduled. A second crew will be coming in to install services. At the same time the main installation is going on, a separate contractor will be coming in to install a crossing at the canal bridge on Bridge Street. This will be an aerial crossing. Not too long thereafter, there will be two other subcontractors -- one at the canal crossing at Ferry Street and at the two railroad crossings on Bridge and Ferry Streets.

John Burke added that all construction information related to this project is on the Borough website and updated sometimes twice a day.

Richard Hirschfield asked for a motion to approve a Final Development and Close Out Agreement with the New Hope Solebury School District for the Upper Elementary School Project.

Richard Hirschfield announced that there were a few matters remaining between the school and the Borough that had to be resolved. These involve collection of various fees including Use and Occupancy Permit fees, lighting permits, and the continuing monitoring of storm water runoff onto Borough property.

Randy Flager motioned to approve the agreement and Rey Velasco seconded. The motion passed unanimously.

Richard Hirschfield announced a donation made by the Michener Museum of $500.00 to the New Hope Eagle Fire Company. There was a fire in the mechanical room at the Museum in December and it spread smoke throughout the Museum. There was no damage, except some of the paintings had to be cleaned. The Fire Department responded quickly and efficiently.

MANAGER’S REPORT

John Burke asked for consideration of approving the payment of accounts payable for January 11, 2005, in the amount of $70,894.24; of payroll for December 22, 2004, in the amount of $45,480.88; and of payroll for January 5, 2005, in the amount of $39,431.58. Sharyn Keiser motioned to approve and Rey Velasco seconded. The motion passed unanimously.

Richard Hirschfield asked for consideration of Ordinance 2005-01, establishing a fee schedule for weddings performed by the Mayor and fixing the allocation of these fees. The mayor has been doing weddings for the last seven years in the Borough, and that money was contributed to various charities. State law requires the money be given to New Hope Borough directly and the Borough can then distribute it. The Mayor would like to continue to do weddings. The purpose of this ordinance is to clarify the procedures for payment for weddings and the distribution of these funds. The Mayor, over the years, has contributed close to $20,000 and this benefits New Hope tremendously. The ordinance has three parts: 1) the fee will be $150.00 per couple; 2) the fee will be payable to New Hope Borough and deposited before the wedding with the Secretary or Treasurer and; 3) the money will be distributed on a quarterly basis with 75% going to the New Hope Eagle Fire Company and 25% to the Lambertville-New Hope Ambulance and Rescue Squad.

Jake Fell motioned to adopt Ordinance #2005-01 and Randy Flager seconded.

Geri Delevich asked if the distribution of the funds could include other organizations in our community.

Richard Hirschfield asked the Borough Solicitor if the Borough could donate to other organizations, other than the quasi-official organizations.

Colin Jenei answered that it is clear that the Borough can donate to the Fire Company and, after some research, to the ambulance and rescue squad. Those two organizations are discussed in the Borough Code and in municipal legislation that is similiar to the Borough Code.

Geri Delevich asked if the library, Partners in Progress, and the Recreation Board could be included.

Colin Jenei answered that this would have to be researched.

Richard Hirschfield commented that the two organizations selected would not create a legal issue and also that the Ethics Commission recommended that the Borough create such an ordinance and further recommended that the ordinance should be voted on now and that the ordinance could be revisited as to the distribution of the funds after research and asked the solicitor to research the other organizations.

Jan Witte asked how Council arrived at the break down and what happens if a couple can’t afford the fee.

Richard Hirschfield answered the fee was set arbitrarily and cannot be left as a discretionary item because it would violate state law. We have to set a fee and stick to it.

The motion passed unanimously.

Richard Hirschfield asked for consideration of Resolution # 2005-02R, designating certain banking institutions as Borough Depositories in 2005.

John Burke commented this is a resolution that a borough or township passes each year and states the depositories for municipal funds for the year. This resolution specifies the following depositories for 2005: the Pennsylvania Local Government Investment Trust, PNC Bank, First Federal Savings and Loan Association of Bucks County, First National Bank and Trust Company, Wachovia Corporation, Nationwide Trust Company and Putnam Investor Services.

Ed Duffy motioned to adopt Resolution #2005-02R and Sharyn Keiser seconded. The motion passed unanimously.

John Burke asked for consideration of Resolution # 2005-03R establishing a uniform mileage reimbursement rate for 2005. This is the IRS Standard business mileage rate for 2005 at 40.5 per mile. The previous rate was 37.5 per mile.

Sharyn Keiser motioned to approve the adoption of Resolution #2005-03R and Randy Flager seconded. The motion passed unanimously.

PLANNING, ZONING AND HARB

There was nothing to report.

RECREATION BOARD

Sharyn Keiser asked residents to support the Winter Festival because some of the money from that will go to the Borough’s Park and Recreation Board.

COMMUNITY AFFAIRS

Geri Delevich announced the Winter Festival from February 2nd to the 6th. On Wednesday, there will be a reception at the Wedgewood Inn; on Thursday, there will be a poster exhibit at the Middle School and a Winterfest Cheer at the Triumph Brewery with the Princeton Gay Mens Chorus performing.

Geri Delevich announced that the Livingston Taylor Concert is scheduled for Friday, February 4th, 2005.

Geri Delevich announced the monthly Visitor’s Center Report for December as follows:

Visitors --1, 888
Calls -- 481
Donations -- $484.88
Sales -- $40.00

Geri Delevich thanked Keith and Bill of Rose in Blooms for donating and decorating the Visitor’s Center and commented that it looked great.

Rey Velasco announced the New Hope Arts Inc., Outdoor Sculpture Tour will be held on Saturday, February 4th between 3-4 P.M. beginning at the Wedgewood and ending at Triumph Brewery. The Indoor/Outdoor Sculpture Show will be held on April 9, 2005 between 7-9 P.M. The Indoor show will continue from April 9th to May 1, 2005. The Outdoor Exhibit will have seven new monumental sculptures installed throughout New Hope and will continue through April 2006.

PUBLIC WORKS

Randy Flager commented that he found out that Riverwoods pays for its own street lights. There are 14 lights that essentially light up the public highways. Even though these are private roads, they are the thoroughfares that everyone uses around town as short cuts. The residents of Riverwoods are paying a separate tax in their Borough tax bill for this lighting. The problem is that the lights are owned by Riverwoods and PECO got the Association to own the wires, but PECO owns the wiring everywhere else in town. Randy Flager asked Council for Riverwoods to be treated equally with the rest of New Hope Borough. The Association’s whole electric bill for street lights is approximately $500.00 per year.

Ed Duffy asked that the discussion also include Village II.

John Burke commented that he has emailed Village II and has not received information back on its street light system or costs.

Ed Duffy commented that the Association of Village II is in the process of researching that. The street lights are owned and maintained by PECO and we are still looking at the numbers.

Geri Delevich asked what is the saving per household if the Borough paid these electric bills.

Randy Flager answered that there are about 228 homes in Riverwoods and it is about $10.00 or $11.00 per home.

Ed Duffy commented that it is not the sum of the money, it is just that the taxpayers should receive this benefit.

Geri Delevich commented that this may be setting a precedent and when we agreed to sweep the streets up there at the time, I said what else will we have to do. There are other communities in the same situation, and we are never going to make the tax system equitable. This will be a burden on this town. This is not a hardship on these residents, but may be a hardship on the Borough.

Richard Hirschfield asked what liability would the Borough incur with this and asked the Borough Solicitor to address this.

Colin Jenei answered from a legal point of view that there are issues with regard to lighting and personal injury concerns. One is in terms of accidents and slip and fall cases. The other is if you have an unlit area and some type of crime occurs in that unlit area and right now we have no warranty from the associations on either of these two issues. If we are maintaining association lights, we are creating an issue for ourselves. The legislative body has to decide on how much of an issue it is, and whether that issue could be solved with a hold harmless or a decent insurance policy.

Richard Hirschfield asked if the Borough took over the lights could the Borough insist that there be more lights since we would be controlling it.

Colin Jenei answered he didn’t know, because that is private property and he didn’t know if the Borough could insist unless that was part of an agreement we worked out.

Richard Hirschfield asked if there was a formal request from both associations.

John Burke replied no.

Geri Delevich commented that this is more than an electric bill.

Richard Hirschfield commented this could be in multi levels and the Borough could agree to pay the electric bill but decide not to be involved with the maintenance of the lights or do both.

Randy Flager commented that Riverwoods could sign a hold harmless agreement and remove the liability from the Borough.

Jake Fell asked how many mills are involved.

Richard Hirschfield answered ½ mill now.

Jake Fell commented that Riverwoods is on the same tax basis as the rest of New Hope and they don’t get what we get for that tax dollar. Why not remove the ½ mill.
Richard Hirschfield commented that the associations have to formally let Borough Council know what they want, sign a hold harmless agreement and include what they want us to take over and we can put it on the agenda.

POLICE COMMITTEE REPORT

Richard Hirschfield opened a public hearing to consider the adoption of Ordinance #2005-02, approving a mutual aid agreement and authorizing participation of the Borough Police Department in a regional emergency response team.

Sharyn Keiser motioned to approve Ordinance #2005-02 and Ed Duffy seconded.

Chief Pasqualini commented this was approved two years ago, and as a result of some new agencies coming on board, the team and the solicitors felt that the wording of the agreement needed to be changed. It is basically the same as two years ago and allows departments to come and go. The ordinance is required under the Pennsylvania Intergovernmental Cooperation Act.

Richard Hirschfield commented that the ordinance and the agreement would not have to be amended in the future because they are flexible.

The motion passed unanimously.

Richard Hirschfield asked for consideration of an intergovernmental cooperation agreement to authorize the participation of the New Hope Police Department in the Central Bucks Special Response Team (S.R.T.) Randy Flager made the motion to approve the agreement and Sharyn Keiser seconded.

Chief Pasqualini commented that the language was changed to reflect the ordinance.

The motion passed unanimously

Richard Hirschfield announced that no bids have been received in response to the Borough’s legal advertisement. He asked Council to approve re-advertising for a second time for the golf carts and asked Colin Jenei to frame the motion. If there are no bids this time then we can negotiate with a private buyer, but we have to announce that and the amount at a public meeting and then we have 30 days before we can close.

Rey Velasco motioned to re-advertise for the sale of the golf carts. Randy Flager seconded.

OLD BUSINESS

None

NEW BUSINESS

John Burke announced new business regarding Tax Parcel 27-10-127 on East Bridge Street near the Bridge.

Richard Hirschfield asked the Borough Solicitor to form the motion.

Colin Jenei made the motion as follows; The Solicitor is authorized to try to acquire by gift, grant, or deed or file a motion to quiet title, if applicable, in an effort to obtain title to 27-10-127, a small piece of property near the free bridge in New Hope Borough

Randy Flager motioned to approve and Jake Fell seconded.

Richard Hirschfield commented that the property is where the Rosenwald statue is located. The title of this property is unclear, and we can’t figure out who owns it so the Borough is attempting to protect that open space.

Sharyn Keiser announced that Partners in Progress wanted this property for the last 5 years and has agreed to maintain the property.

Chuck Tarr announced his support in the purchase of this property and mentioned that PIP is responsible for the holiday tree lighting each year.

Colin Jenei commented there are various rules having to do with the purchase of the property and we have an arguable right of interest in the property that might make it possible for us to say that we own this property which is a better ownership interest right than other persons or other governmental entities. Also, there are various rules for a property that would not be of value to anyone but a municipality and specifically below $1,500.00 in value. This property may be purchased or deeded without a lot of the formalities that a more expensive property would need to undergo. Our hope is that we are not coming back and talking about a detailed concept of purchase, but that we can resolve it without that type of technical necessity.

The motion passed unanimously.

PUBLIC COMMENT

None

ADJOURNMENT