Meeting Minutes

NEW HOPE BOROUGH
Regular Meeting of Borough Council
March 10, 2005
MINUTES

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

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Geri Delevich, Rey Velasco, Randy Flager, Borough Manager John Burke, Solicitor Robert Baldi.

ABSENT: Jake Fell.

Richard Hirschfield announced that this meeting had been postponed from Tuesday, March 8th due to inclement weather and that there was an executive session on Tuesday March 8, 2005 at New Hope Borough Hall at 7:30 P.M. The executive session included discussion of a real estate acquisition matter, the Rosenburg litigation and a personnel matter.

Richard Hirschfield asked for consideration of approving the minutes of February 8, 2005. Sharyn Keiser motioned to approve the minutes and Rey Velasco seconded. The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller asked the owners of the Landing Restaurant, Ellen and Chris Bollenbacher, Eagle Fire Company President Fred Williamson and Captain of the Fire Police John O’Donnell to participate in swearing in Chris and Ellen Bollenbacher as fire police.

Mayor Keller read a letter from Chief Pasqualini and himself commending Officer Dawn Harrison for the handling of a medical call on January 29, 2005 at 11:30 P.M. in the evening when she found an elderly male who was lying in a parking lot as a result of a fall. Officer Harrison’s incident report regarding this matter does not indicate the full measure of the service she provided to the fall victim. Officer Harrison knelt in the parking lot and held the victim for 45 minutes; Officer Harrison also covered the victim with her own duty jacket at a time when the air temperature was below freezing and it was also snowing. Officer Harrison’s performance was exemplary and deserving of recognition. Dawn Harrison was recognized by presentation of a certificate of commendation

Richard Hirschfield commented that Council would like to add their sincere thanks to Officer Dawn Harrison who always does a wonderful job.

Mayor Keller announced that Chief Pasqualini has completed his annual department report and it is available for review by the public tonight and in the Police Department during regular working hours.

Mayor Keller commented that he found an old newspaper called the New Hope News, dated Thursday, August 25, 1938 and the headline is “New Hope Residents Discuss Water System at Meeting.” The cost for the water system at that time was $86,000.00 and New Hope was going to receive $39,000.00 of that from a federal WPA Grant.

PRESIDENT’S REPORT

Richard Hirschfield announced that item 6, C and item 6, E have been postponed. The applicants granted extensions.

Richard Hirschfield announced a presentation by Alexander Dyke, P.E. of Gilmore and Associates on the plan for restarting the water and sewer projects. Before Mr. Dyke began his presentation Richard Hirschfield stated that this plan was reviewed by John Davies of Shore DePalma Engineering and his comments were incorporated into the plan. The Borough has had several meetings with the Bucks County Water and Sewer Authority, Gilmore and Associates, and PECO leading up to this and we will hear the results of that tonight. Due to several legal issues associated with the explosion Council has agreed with the Bucks County Water and Sewer Authority that there will be no questions to Alex or anyone else regarding the explosion or any ramifications of that. The questions will be strictly on the plan to restart the project and to insure that this will happen all questions will be directed through the President of Council.

Alexander Dyke of Gilmore and Associates addressed Council and the residents and commented that what his company has been working on this past month is a work plan, due to the events and in response to the Borough’s Emergency Declaration, to continue the projects in a way that is protective to the community, property and the residents. The work plans have been submitted in their final form to Council. The provisions of the plan are to include the authorization by the Authority of additional constructional observation personnel specifically where there is excavation. The plan also provides for some documentation that requires the contractor to provide verification and to satisfy OSHA requirements for a health and safety plan and training of personnel who work on-site. It also requires observation personnel to insure training and certifications. The plan provides several different ways for cooperation with PECO to allow them to instruct the contractor, engineer and the Authority on utility mark out policies and digging procedures. PECO has begun auditing the mark outs, and PECO personnel will be coming out to verify the mark outs that are made by their subcontractors in each case and to provide site assistance for particularly sensitive excavation. The Authority will try to get the most disruptive work done in the business district as a priority when work begins, understanding that the spring season is almost here. Once work commences the contractors will be submitting written schedules and these will be immediately supplied to the Borough for posting on the Borough’s web site.

Ed Duffy asked what they are doing to double-check these sensitive excavation areas.

Richard Hirschfield commented that this question came up with PECO at a recent meeting. There is no 100% guarantee that nothing is going to go wrong. Lines were put in plastic years ago, there may be lines that none know about. If the contractor is in an area that is anywhere near a gas utility line, digging must be done manually, slowly, in order to find the line and excavate around it.

Alex Dyke commented that a subcontractor for PECO, for example STS, typically does the mark out. PECO has agreed to audit the subcontractor’s work by checking every mark out.

Joe Balderston asked Richard Hirschfield what the term “sensitive excavation” on a site means?

Richard Hirschfield answered that every excavation will be considered sensitive in the sense if they are around a gas line; they are going to do it manually and slowly according to PECO rules. If they are digging a big hole, like underneath the railroad tracks, PECO will have someone on site at that time.

Joe Balderston commented that there is nothing new about what has been talked about at this meeting; the problem was that the workers were incompetent.

Richard Hirschfield stated that comments of this type will not be talked about tonight.

Doro Kerr asked Richard Hirschfield who are the inspectors of the people that are doing the digging.

Richard Hirschfield answered that it is Gilmore and Associates. They cannot for legal reasons supervise the work. They are inspectors and they have the authority to stop the work if it’s not being done correctly, and they are a separate engineering firm working for the Bucks County Water and Sewer Authority.

Richard Hirschfield recommended a motion to rescind the declaration of a limited state of disaster emergency adopted on February 7, 2005 as soon as Council is comfortable with the procedures that are put in place and the workers are trained and the program set forth by Bucks County Water and Sewer has been implemented.

Sharyn Keiser motioned for rescinding the Declaration of a limited disaster emergency and Ed Duffy seconded. The motion passed unanimously.

Richard Hirschfield introduced KCI Technologies out of Harrisburg for presentation of an overview of the Bridge Street Bridge Replacement Project including traffic management and a proposed detour plan. There will be no details on designs. There will be a public hearing at a later date for that.

Joe Serbu of KCI Technologies stated that the current construction plan is to provide two-way motor vehicular traffic and also pedestrian traffic through the bridge replacement project area. There was a meeting in October and all in attendance thought perhaps the use of a one-way detour would be a good idea in order to reduce the construction duration.

Richard Hirschfield asked for an estimate of how long the project would take with the one-way detour.

Joe Serbu of KCI Technologies answered that they have not gotten into the project that far in detail. The project can be built in two phases, or if they had to provide two-way traffic, it would be done in four stages. There is also difficulty with where the gas line is situated in maintaining two-way traffic.

Richard Hirschfield commented that he was going to rephrase the question. What is the relative time with each of the three options: shutting the bridge down, two lanes open, and one lane open with the detour? The quickest way would be to shut the whole bridge down but no one agrees that this is a good idea. So please discuss the relative time differences between the one-lane open with detour and the two-lane option.

Joe Serbu of KCI Technologies commented that with the utility portion of the work, there is probably a six-month timesaving with the one-way detour and the construction activities for the bridge itself could be split in half.

Sharyn Keiser asked how long will the project take?

Joe Serbu of KCI Technologies answered that they are still in the preliminary stages of the project and there are a lot of other issues like canal use and pedestrian use along the canal and it really depends on what conditions are placed on the project because the more conditions the longer it will drag out. If the bridge could be shut down completely, it would take 6 months.

Randy Flager asked when they would begin the project.

Joe Serbu of KCI Technologies answered that members of Council recommended at the previous meeting to begin work at the start of winter and they may try to shoot for that.

Richard Hirschfield asked if Penn Dot is contracting this job out to a contractor.

Joe Serbu from KCI Technologies answered yes.

Richard Hirschfield commented that one thing the Bridge Commission did that worked very well was to provide financial incentives for early completion. Council would like to see that in the KCI Technologies contract as well. This project is on the agenda tonight for approval of the detour plan only, and this cannot be granted tonight because KCI needs to provide a schedule first for review and state what the comparatives are for the various options. The two-way option at this point seems out of the question if it is six months plus double the time. Council may consider closing the Bridge completely if it would take 6 months verses 2 years. Before approval of the detour plan, these numbers need to be presented. The issue here is getting the bridge open as quickly as possible and the noise ordinance could be adjusted reasonably to contribute to the productivity.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for March 8, 2005, in the amount of $58,209.37; of payroll for February 16, 2005 in the amount of $50,750.94; and of payroll for March 2, 2005, in the amount of $42,210.78.

Rey Velasco motioned to approve the payments and Ed Duffy seconded. The motion passed unanimously.

John Burke asked for consideration of a severance agreement with Robert Rynkiewicz, currently the New Hope Borough Code Official. Richard Hirschfield asked for a motion to approve the severance agreement with Robert Rynkiewicz.

Sharyn Keiser motioned to approve the severance agreement and Randy Flager seconded.

Richard Hirschfield noted that Mr. Rynkiewicz has executed the agreement and it will become effective within 36 hours of the Borough executing it. This is a mutual agreement between the parties and in the best interest of Borough and with Mr. Rynkiewicz as well, and he will be leaving that position effective March 18, 2005.

The motion passed unanimously.

Richard Hirschfield asked for a motion to approve an agreement with Building Inspection Underwriters, Inc. for construction code enforcement services.

John Burke discussed the agreement between the Borough of New Hope and Building Inspection Underwriters of PA (BIU). Building Inspection Underwriters will provide construction code review and inspection services in the Borough in conformance with the new PA. Uniform Construction Code at a cost of $850.00 dollars a week. For that we will have coverage four hours per day, five days a week in the Borough. John Burke introduced Russ McLaughlin of BIU, who was in the audience.

Randy Flager motioned to approve the agreement between New Hope Borough and Building Inspection Underwriters. Ed Duffy seconded.

Richard Hirschfield commented that there were three options under the agreement. One is for an hourly rate. The second is for four hours a day five days a week. The third is for a percentage of the permit fees. The first option is $50.00 per hour. The second option is $850.00 a week with the four hours a day, which comes out to $44,200.00 a year. The last option is 38% of the adopted construction permit fee schedule and based on last year, this would amount to about $53,000.00. Richard Hirschfield recommended the second option as the most cost effective. He stated that 20 hours a week would be a sufficient amount of time during the week to complete these services. If it turns out more hours are needed, Council could revisit this.

Russ McLaughlin stood up and introduced himself.

The motion passed unanimously.

Richard Hirschfield thanked Bob Rynkiewicz for the service he has given the Borough over the past few years. He will be presented with a plaque at a future date.

John Burke stated that the next item is a proposed resolution establishing rules and regulations for separation and collection of recyclable materials. The Borough has a mandatory recycling program, which is required under PA law. Mr. Burke stated that the current Borough regulations couldn’t be found, so the resolution was prepared to reflect the current recycling practices by haulers and residents in the Borough. The resolution calls for a residential collection program including certain types of glass containers, steel, bi-metallic and aluminum cans, plastic bottles (numbers 1 & 2 only), newsprint, magazines, phone books and catalogs. It sets up some standards for recycling containers and also has separate standards for commercial, municipal, and institutional collection requiring that those types of occupancies not only recycle the same materials as residential properties but also have the option to go with high-grade office paper and corrugated paper. This resolution does not impose any new requirements on Borough residents or businesses.

Richard Hirschfield asked for a motion to adopt Resolution #2005-08R to establish recycling regulations in the Borough of New Hope.

Rey Velasco motioned to adopt Resolution #2005-08R. Geri Delevich seconded.

Geri Delevich made a suggestion that Borough Hall begin to recycle.

Richard Hirschfield commented to John Burke that they might want to amend the resolution in the future to include high-grade office paper for residential properties.

John Burke commented that the resolution allows the haulers to add other categories of recyclables.

The motion passed unanimously.

John Burke announced the next proposed resolution establishes filing fees for Zoning Hearing Board cases, conditional use cases and other appeals. It also establishes administrative procedures and policies for certain applications such as zoning applications and sets up a fee dispute resolution mechanism in accordance with the PA. Municipality Planning Code and also establishes municipal engineer and consultant fees, which is required by the Municipality Planning Code. All of the fees are basically the same as those charged now with the exception with the Zoning Hearing Board fees, which have been reduced slightly. The subdivision land development fees are the same, and we have added some fee categories that were not included in prior resolutions by Council. We have added a new category for Zoning Consultant for Mr. Larason and also added different types of categories, for example, for the Zoning Hearing Board where there was no fee established for a substantive challenge to the validity of a land use ordinance. There are fees for petitions to vacate streets and rights-of-way and fees for reviews and site inspections of site grading plans and work. There is also a new fee for the Borough Secretary to certify Borough records.

Richard Hirschfield asked for a motion to adopt Resolution #2005-9R to establish filing fees and escrow amounts for zoning and land use applications.

Sharyn Keiser motioned to approve Resolution #2005-9R and Ed Duffy seconded. The motion passed unanimously.

John Burke announced that Resolution #2005-9R would become effective on April 1, 2005.

John Burke announced that the residents of Village II and Riverwoods pay a street light tax each year to the Borough and this is the same millage as the rest of the property owners pay. They have requested to Borough Council to defray a portion of their street lighting costs. The Riverwoods street lights are charged by PECO at what is called rate SLE, and the annual expense for Riverwoods is $1,500.00 a year for energy costs. Village II is charged at an SLS rate by PECO and that rate includes both maintenance and energy costs at about $8,400.00 per year. The agreement with Riverwoods would provide reimbursement by the Borough for $1,500.00 consistent with rate SLE, which is also the rate that the Borough pays PECO for its street lights. The agreement with Village II would be a 50% reimbursement to Village II by the Borough of its annual energy cost because the SLS rate is almost double the SLE rate, bringing the actual cost to the Borough to $4,138.00.

Richard Hirschfield commented that it is roughly $5,500.00- $5,600.00 and asked for a motion for the reimbursement of the street light expense for the energy costs for Riverwoods with the SLE rate of $1,500.00 and Village II at one-half the SLS rate.

Randy Flager motioned to approve the reimbursements and Ed Duffy seconded.

Richard Hirschfield commented that it is an equitable solution, and it applies only to street lights and nothing else and is effective in 2006.

Dan Peel, Manager of Village II, announced that new street lights would be purchased in the near future, going from mercury vapor lights to sodium vapor lights and reducing the number of lights. This agreement will help the Village II residents by reducing the bottom line of the dollar amount paid for street lights.

Bill Keefer asked how the number of lights is determined and expressed concern that the Borough may be taking too much on and asked if this will give the residents any privileges. Where is the line drawn?

John Burke answered that it is only the lights on the streets open to the public and does not include lights in parking areas and illuminated signs at entrance areas.

Richard Hirschfield stated that this does not open the door to anything else.

Randy Flager commented that it is basic fairness because everyone uses these roads to get around New Hope and this is just paying back the residents of Riverwoods and Village II for the lighting of their public roads.

Geri Delevich commented that two years ago, there was a request to clean the streets in Riverwoods and now for a $1.00 a year Riverwoods gets their streets cleaned because they do not have a street cleaner. Now there is a request for reimbursement for street lighting. These homeowners were aware of these costs prior to purchasing their homes, and she feels that we are setting a precedent and asked how much does this save each homeowner?

Richard Hirschfield answered $10.00 each.

The motion passed 5 to 1.

Hirschfield Keiser Delevich Flager Duffy Velasco
Y Y N Y Y Y

HISTORIC ARCHITECTURAL REVIEW BOARD

The following applications are recommended by HARB for a Certificate of Appropriateness.

Ed Duffy motioned to approve a Certificate of Appropriateness for Leslie Herson of 1 South Main Street for the replacement of second story windows. Sharyn Keiser seconded and the motion passed unanimously.

Rey Velasco motioned to approve a Certificate of Appropriateness for Edward Short of 142 South Main Street for the replacement of a roof. Randy Flager seconded and the motion passed unanimously.

Ed Duffy motioned to approve a Certificate of Appropriateness for Steve Grabowski of 15 East Bridge Street for demolition of the back building not to include the original building. Randy Flager seconded.

Richard Hirschfield added that the motion should be conditioned upon agreement by the applicant to the standard conditions of demolition for New Hope Borough.

The motion passed unanimously.

Rey Velasco motioned to approve a Certificate of Appropriateness for Main Street Freeze, Inc. of 137 South Main Street for building renovations. Randy Flager seconded and the motion passed unanimously.

Ed Duffy announced the application of 88 North Main Street for the installation of a rear window.

Richard Hirschfield commented that the HARB Board recommended that this application be denied, and in the applicant’s defense Richard Hirschfield commented that HARB failed to contact the applicants within the five-day window and advise how they could come into compliance. This application must be approved by law since Council does not have any valid reason to accept the HARB recommendation. Richard Hirschfield asked for a motion to approve a Certificate of Appropriateness for this window.

Rey Velasco motioned to approve a Certificate of Appropriateness for the rear window for 88 North Main Street and Ed Duffy seconded.

Bob Miller of Tri-County Builders stated for the record that his permits for 88 North Main Street were granted on October 27, 2005 and at that time he was not told that this location was in the Historic District and required a review by HARB.

The motion passed unanimously.

Rey Velasco motioned to approve a Certificate of Appropriateness for Fran’s Pub of 166 South Main Street for replacement of a roof. Ed Duffy seconded.

Sharyn Keiser announced that this is another project that was completed prior to coming to HARB for the Certificate of Appropriateness.

The motion passed 5-0-1. Councilman Flager abstained from voting because his daughter works at Fran’s Pub.

HIRSCHFIELD KEISER DELEVICH DUFFY VELASCO FLAGER
Y Y Y Y Y ABSTAINED

Ed Duffy motioned for a Certificate of Appropriateness for “90 Main,” of 90 Main Street for the placement of a shed to the rear of the property. Rey Velasco seconded and the motion passed unanimously.

PLANNING

Richard Hirschfield asked for a motion to approve a preliminary/final plan of major subdivision, submitted by Steffen Hausner, for T.M.P. No. 27-3-37, located on the south side of Stoney Hill Road, approximately 250 feet east of its intersection with Sugan Road in the R-2 residential zoning district. The applicant was in front of Council about one year ago and he has cut back from the number of lots originally presented. He was before the Planning Commission and the Commission recommended approval of the application.

Jason Englehart introduced himself as Mr. Hausner’s engineer and explained that the property under review is a little under a 12 acre tract on Stoney Hill Road just south of the ruins. Mr. Hausner is planning to subdivide it into two additional lots in addition to his existing house. The existing house will be on six acres and one of the other lots will be approximately four acres and the remaining lot will be two acres. The three houses will be served with a shared private driveway, approximately 18 feet wide.

Richard Hirschfield asked that the motion would be based on the 32 conditions specified in John Burke’s letter to Mr. Hausner dated March 9, 2005. Richard Hirschfield asked Mr. Hausner if he agrees to those conditions and to please answer into the microphone.

Mr. Hausner answered, “Yes I do.”

Richard Hirschfield asked to have the minutes reflect that Mr. Hausner agrees to the terms of the 32 conditions.

Randy Flager motioned to approve and Sharyn Keiser seconded. The motion passed unanimously.

Richard Hirschfield asked for consideration of a request by Carlog, Inc., on behalf of the Logan Inn, for permission to install a tent over the outside bar area abutting South Main Street. This request has been granted for the last four years. Richard Hirschfield stated in the Zoning Ordinance there are ten conditions for approval of a temporary tent permit. The first of which is HARB approval related and having to do with the look of it along with having a Certificate of Appropriateness as was previously done with the first request in 2001 with the tent remaining the same. There was also a condition of Council approval. In order for Council not to approve this Council would have to have a reason to recommend a denial based on the law. The other seven conditions are conditions that the Zoning Officer has to look at before issuing the permit. Council can only approve the request for the tent and will not be issuing or approving permits. The permit issues are between Mr. Larason, the Borough Zoning Officer, and the applicant.

Richard Hirschfield at this time asked for a motion to recommend approval to the Zoning Officer for consideration of the tent permit. Sharyn Keiser motioned to approve and Rey Velasco seconded.

Martin King, Esq., representing Marsha Brown of 14 South Main Street with respect to the application stated that he wanted to present a constitutionally sound basis for Council to reject this application. He claimed that Council cannot look at the tent without seeing what the tent is for and what it is for is an outdoor bar area that has approximately 50 seats during the season. That outdoors bar area has a platform constructed over the past couple of years without going to the Zoning Hearing Board for a special exception or variance from the parking requirements. This section provides that if the tent is going to be erected for more than one week you have to provide the parking that is required under the ordinance. This is a principal building and is not an accessory building. It houses a bar and services people in a sit down restaurant without zoning approval. It is a plywood box with a tarp on the top and every year they come back to New Hope Borough Council and ask to put a tent up there so they can serve their customers in the commercial activity of operating their bar facility without ever having gone to the Zoning Hearing Board. New Hope Borough Council is condoning illegal use by approving the tent for that use and the problem that Mr. King has with this is that if the issue ever comes to whether or not Carlog has a vested right by reason of the fact because someone erroneously issued permits for the construction of that platform and bar, it will be whether the Borough Officials knew about it and whether they condoned it by inaction. By Borough Council knowing it, by Borough Council’s tacit approval of it, by granting a tent for its use Borough Council is creating a factual situation whereby the Carlog owners may develop a constitutional right to an illegal use. For these reasons Mr. Martin submits to New Hope Council to reject this application.

Robert Baldi, Esq., responded by commenting that the section that is being referred to in the Zoning Ordinance is Section J, 4, A of accessory uses and under that section there is a provision for tents with commercial purposes. Mr. Baldi has interpreted this particular section by the way that it is drafted. It does not set up a conditional use or a special exception or anything like that. What it has done is issue a methodology by which a six-month temporary permit may be issued and it has standards marked A-J. The Zoning Officer or the person who has been appointed to the Borough with the responsibility to issue permits will, when an applicant comes forward, look at this list and see if all the issues here, i.e., A-J have been met. As to Item A he suspects that it is up to the Zoning Officer to make that decision and he will see that this has been approved by HARB and see that that was done. Item B states that tents shall be permitted only with approval by Borough Council. The approval being voted on tonight does not direct the Zoning Officer to issue a permit nor does it have any finding or make any ruling on whether or not the other conditions have been met. It is saying that this body is not going to object to the use of the tent, the cloth structure, the poles etc. However, the other conditions are also going to have to be met. Item C states the tent shall be in harmony with the existing structure on and adjacent to the property in height and color. The Zoning Officer will have to go down to D, E, F, G, H, I, and J when he makes his decision to issue a permit or not issue a permit and at that time if someone is unhappy, they can do whatever they are permitted to do when the permits are issued. This vote does not state that any of the other conditions have been met; it simply deals with Item B, the issue on the floor.

Martin King, Esq., commented that Subsection B does not say that as long as the Borough has no objection to it. To provide the tent it shall be permitted only with the approval of Borough Council. Whenever Borough Council adopted this ordinance, they did not intend to give the Zoning Officer the discretion to approve the tent; it intended the Borough Council, perhaps in conciliation with the Zoning Officer to get his opinion, to decide whether or not to approve the tent.

Robert Baldi, Esq., commented that if you read the provision it says a six-month temporary permit may be issued with the following provisions. If you interpret this ordinance the way Mr. Martin stated, it would say the Borough Council may issue a six-month temporary permit conditioned upon the following and then list the other items. Mr. Baldi commented that Mr. King’s assessment of this would nullify all the other provisions. Under his theory, if this Council were to approve it, then everything else would be automatically approved and that is not the case here. Even though Mr. King may disagree on how Borough Council construed the ordinance, this is how New Hope Borough Council and he, as Borough Solicitor, have construed the ordinance.

Martin King, Esq., commented that Subsection C of the ordinance falls within the purview of Borough Council. Subsection C says the tent shall be in harmony with existing structures on and adjacent to the property.

Robert Baldi, Esq., commented that he did not say that.

Martin King, Esq., commented that Mr. Hirschfield did.

Richard Hirschfield answered that this falls in the purview of HARB not the Borough Council.

Martin King, Esq., commented to the property height, color and texture that Borough Council discretion should require that it be supported by plywood and that the tent be constructed of green tarp to match the building.

Richard Hirschfield asked would that be satisfactory to Mr. King.

Martin King, Esq., answered “no,” but it would give him another round for what ever he has to do.

Richard Hirschfield asked Attorney John VanLuvanee, who is representing Carlog from Eastburn and Gray, if he had anything to add.

Attorney VanLuvanee replied that he has nothing to add.

Randy Flager commented that he agrees with Mr. King that it is an eye sore.

RECREATION BOARD

Sharyn Keiser stated that at the last Council meeting she announced that there was a vacancy on the Recreation Board. There is an applicant named Curtis Thompson of 107 Pinewood Circle. Mr. Thompson is very familiar with the area and Ms. Keiser motioned to approve the appointment of Curtis Thompson as a member of the Recreation Board with a term expiring December 31, 2007 and Geri Delevich seconded. The motion passed unanimously.

COMMUNITY AFFAIRS

Geri Delevich apologized that she did not have the monthly report available for the meeting tonight and commented that the numbers are in line with last year at this time.

Geri Delevich thanked John and Robin Larsen and everyone associated with the fundraiser for Billy McNamara that was very successful.

Geri Delevich announced on March 24, 2005, at Mother’s Restaurant there will be Lifetime Achievement Awards given to John Larsen and Jack Rosen. The tickets are $25.00 each and the evening begins at 6:00 P.M. Mother’s is under new ownership and is doing a great job working with the community.

Geri Delevich motioned, on behalf of Dan Brooks, to approve the conduct of a special event called “Somewhere over the Rainbow: New Hope Celebrates.” Including permission to use Ferry Landing for and Info Mart and to displaying a Rainbow Flag to go on the Starbucks building. Ed Duffy seconded.

Richard Hirschfield included in the motion that the flag needs approval but all fees shall be waived.

Council granted permission for the Ferry Landing use.

John Burke commented that Dan Brooks has to provide a Certificate of Insurance and sign a hold harmless and indemnification agreement. If there is a street closing necessary, it needs to be cleared by Chief Pasqualini.

The motion passed unanimously.

Rey Velasco thanked Geri for coordinating the Lifetime Achievement Awards and mentioned how much everyone enjoyed celebrating Doris Brandis and Philip Powell.

Rey Velasco announced a March 15th, 7:30 P.M. to 10:30 P.M., fundraiser at the Triumph Brewery for the explosion victims. Tickets prices are $25.00 per person and can be purchased at Delray, Toys for Men, Variete, New York Bagel and the Bag Lady. The entertainment is donated by Courtney Coletta. There will be an auction and a cash bar. To reserve tickets call 862-9709 and to donate anything for the auction call 862-4545.

Rey Velasco announced the Hepatitis Foundation would be honoring Bill Stevenson at Occasions in Union Square Saturday, April 30, 2005. For more information please contact the Witte’s at 862-2370.

Geri Delevich announced the third recipients of the Life Time Achievement Awards will the Earl and June Bierman to be scheduled in late April.

PUBLIC WORKS

OLD BUSINESS

Rey Velasco thanked Public Works for the great job during the snow days.

Geri Delevich asked if anyone 60 years old or over wants to fill out a survey for the Summit on the Aging, please contact her.

NEW BUSINESS

Richard Hirschfield announced that John Burke, Borough Manager, suggested that upcoming Zoning Hearing Board meetings be reviewed at Council meetings to determine if the Borough wishes to send the Solicitor to oppose any of the applications. If the Borough wants to appeal a decision, there has to be a record of the Borough’s position in the transcript from the Zoning Hearing Board meeting. The following four are scheduled:

1. Docket 281, Carolyn Holdsworth, who wishes a special exception to change from one non-conforming use, E-1, to another, E-3, which is from a retail shop to a salon licensed by the State Board of Cosmetology for facials, massages and nail care, in the RB district. Permitted uses are J1 and J2, which are home occupation and professional office. Home occupation does not include a beauty parlor or hair salon, or a residence or duplex. Council commented that the area should remain residential or put what is allowed only in that area.

Richard Hirschfield asked for a motion to oppose this application, Docket 281, and send the Borough Solicitor to represent the Borough.

Sharyn Keiser motioned for the Borough Solicitor to oppose this application and to represent the interests of the Borough at the Zoning Hearing Board for Docket 281, Carolyn Holdsworth, and Randy Flager seconded. The motion passed unanimously.

2. Enrique Patino, owner of the Blue Tortilla. The application is to add more seating in the front yard and currently there is approval for 18 seats. Council commented that many times in the past the amount of seating has been in violation and today there are 28 seats and it is the winter. Council commented that it is not in support of additional seating in the front but does not think it is necessary to send the Borough Solicitor.

3. Martine Landry’s Zoning Hearing Board application. Ms. Landry came before Council last month and was favorably received. However, Council is not in favor of a liquor license in the new establishment and wishes to reduce the number of seats.

Richard Hirschfield asked for a motion to send the Borough Solicitor to the Zoning Hearing Board to represent the Council’s concerns with respect to the Martine Landry application, as addressed this evening.

Sharyn Keiser motioned to send the Borough Solicitor to represent the Borough’s concerns with the Martine Landry application and Rey Velasco seconded. The motion passed unanimously.

4. Keith Galloway, executor of the estate for 96 West Bridge Street. Mr. Galloway is seeking a variance for basement access and a deck on the existing house and to also subdivide to create another building lot fronting on Chestnut Street that will be too narrow.

It was the consensus of Council not to send the Borough Solicitor to the Zoning Hearing Board for this appeal.

PUBLIC COMMENT

Doro Kerr asked about the alternatives to the detour during the Bridge Street Bridge project.

Joe Balderston expressed concern about the procedures of HARB.

Doro Kerr commented that there should be criteria given to applicants so they know what their next step is.

ADJOURNMENT