Meeting Minutes

NEW HOPE BOROUGH
Regular Meeting of Borough Council
Minutes
March 9, 2004

PRESENT: Sharyn Keiser, Ed Duffy, Randy Flager, Geraldine Delevich, Rey Velasco, Colin Jenei and Janell Hammond.

ABSENT: Richard Hirschfield, Jake Fell and Mayor Larry Keller.

CALL TO ORDER:

MAYOR’S REPORT: There was no report.

APPROVAL OF THE FEBRUARY 9, 2004 MINUTES;
There was approval of the minutes for February 9, 2004. Ed Duffy made the motion and Geraldine Delevich seconded. The motion was passed by the following vote.

Randy Flager was against the format of the minutes and believes it should remain a brief explanation of the meeting.

MAYORS REPORT:
There was no report.

COUNCIL PRESIDENT’S REPORT:

Sharyn Keiser asked for a motion to adopt Ordinance #2004-1: Establishing or modifying the Borough’s Noise Ordinance to include prohibiting excessive and unnecessary noise, providing exceptions for emergencies, and providing for enforcement and penalties for violations.
There is a decibel meter to aid in measuring the noise.

Rey Velasco made the motion and Ed Duffy seconded.

Sharyn Keiser asked the public for comments and there were none.

Sharyn Keiser asked for comments from Council.

The motion was passed with all in favor.

Sharyn Keiser announced a public meeting by PennDOT to be held at Borough Hall on 41 North Main Street on March 16, 2004, 7:00PM regarding the rebuilding of the Bridge on Bridge Street.

Sharyn Keiser announced at a scheduled Planning Commission meeting on March 22, 2004 following the review of an application there will be a discussion to amend the Sign Ordinance in the Central Commercial District. Bob Larason the Borough Zoning Officer will be making the presentation and it is to be held at New Hope Solebury High School, 180 West Bridge Street at 7:30 PM.

MANAGER’S REPORT:

Janell Hammond asked for a motion to approve:
Accounts Payable for March 9, 2004 in the amount of $71,083.40.
Borough Payroll for February 18, 2004 in the amount of $37,826.28
Borough Payroll for March 3, 2004 in the amount of $38,630.84

Ed Duffy made the motion and Rey Velasco seconded.

The motion was passed with all in favor.

COMMITTEE REPORTS:

PLANNING:

Ed Duffy made an announcement on the Melson Application, 170 Old York Road and Miss Melson appeared before The New Hope Planning Commission on March 1, 2004 where a recommendation was made of conditional approval with one condition that the applicant meet with the Borough Zoning Officer and Engineer to offer further recommendation to Council regarding road improvements and other items. This application will be presented to Council upon resolution of remaining issues and/or the next Council meeting of April 13, 2004.

Ed Duffy announced a sketch plan review of the Landing located on 13 E. Randolph Street and appeared before the Planning Commission on March 1, 2004. Copies of the plans are available to the public after the meeting tonight for review. They want to reshape their land and look at condos. Phase I is adding 5 units and the restaurant and the Historic part remaining. Phase II is to remove part of the restaurant with the historic part remaining and an additional 11 more units.

Ed Duffy made a motion for the consideration of re-approval of the Waterview Condominium Project identified as Tax Parcel Number 27-9-11. Signature of record plans prepared by Boucher and James Inc., dated March 22, 2002 and last revised February 17, 2004 are subject to all recommendations and conditions specified in the project review letter from Carroll Engineering, Inc. dated March 4, 2004.

Randy Flager seconded.

Sharyn Keiser asked for public comment.

Elaine McNealy asked if the Waterview plan was a different type of plan since it was re-approved.

Ed Duffy answered that there are just minor engineering changes. The footprint remains the same.

Randy Flager also added that it was a good question. There are some minor changes to the storm sewer system and site grading. Plan notations need to be added to the plan record. A revised grading utility plan is needed for the propane tank installation, a HARB review and conditions are to be satisfied, and 5 copies of the revised plan need to be submitted to the Borough Zoning Officer. It is all engineering related.

The motion was passed with all in favor.

ZONING:
Nothing to report.

HARB:

Ed Duffy made a motion to grant a Certificate of Appropriateness for 81 Buttonwood Street residence, for the installation of skylights.

Randy Flager seconded.

The motion was passed with all in favor

Ed Duffy made a motion to grant a Certificate of Appropriateness for 90 South Main Street for exterior painting.

Randy Flager seconded.

The motion was passed with all in favor.

BOCA:
Nothing to Report.

Sharyn Keiser made an announcement that there was an Executive Session held before the Regular Council Meeting this evening to discuss legal matters.

Colin Jenei, Solicitor, announced that the Common Wealth of Pennsylvania has requested that all Municipalities, Boroughs, Townships, and Cities adopt a uniform version of the building code. It will ultimately benefit everyone and all enforcement officers will give uniform enforcement. The BOCA Board will no longer be the Boca Board. They will have very similar rights, powers, duties and appointments. It will soon change to a different Board Name and it will not be BOCA that we will be enforcing. There will be a State set of guidelines that is essentially the same thing. It will be a couple of months to initiate but ultimately will be for the good.

Sharyn Keiser asked for a motion to recommend the acceptance of the Grant Consultant and the Revitalization Committee’s recommendation to award the bid for the construction of the “Pocket Parks” to Nimaris Construction L.P. in the amount of $181,542.75.

Randy Flager made the motion and Geraldine Delevich seconded.

Sharyn Keiser asked for comments from the public.

Joann from Waterloo asked where the pockets are going to be.

Sharyn Keiser answered “It is the Ferry Street renewal and at the end of Randolph Street. Seating will be added to the area for the residents to enjoy the river.”

Joann from Waterloo asked “Is Coryell Street in the plan?”

Sharyn Keiser answered “At this time no, but when the time comes, before we do anything there would be discussions.”

The motion was passed with all in favor.

UPDATE ON THE CANAL WALK PROJECT:
There was an environmental review and the preliminary report was submitted to PennDOT. The design and engineering is ongoing but it is pretty much finished. We are waiting for PennDOT approval based on the environmental reviews. There is a lease with the State (DCNR,) which has been completed and the state has given the Borough of New Hope the Berm on the West Side of the canal with a 99 year lease. The project will be moving forward shortly but the Committee is waiting for one of the partners to approve some additional information.

ADMINISTRATIVE AFFAIRS:

Nothing to report.

COMMUNITY AFFAIRS:

Geraldine Delevich announced that Queen for a Day has been changed from April 15, 2004 to September 19, 2004.

Geraldine Delevich announced that she went to Philadelphia to see a play called Sex, Cellulite and Large Farm Equipment at the Society Hill Playhouse. Stephan Stahl, a New Hope Resident directed the play and has gotten great reviews. Tim McNutury a New Hope resident did the videotaping and River Houston a former New Hope resident, makes many references to some of her many activities in New Hope. Geraldine congratulated Stephan Stahl and mentioned her only regret was that it was not shown in New Hope and asked if Bob Gerenser was in the audience would he to consider opening the little theatre on Stockton Avenue again.

Rey Velasco announced PIP’s next general meeting will be on March 24, 2004 and everyone is welcome.

Rey Velasco announced the New Hope Garden Club Spring Planting will be on March 27, 2004.

Rey Velasco announced that PIP is sponsoring a Canal clean up with the Friends of The Delaware Canal starting at 9:00 AM. It will be from Easton to Bristol. Did not mention a date.

Rey Velasco announced a special reception will be held to thank the artists, patrons and supporters of the New Hope Arts and Sculpture Project. It will be at Triumph Brewery Sunday March 14, 2004 at 6 PM and there will be a discussion on the second sculpture show opening on April 17, 2004. Food and Spirits will be provided by Triumph Brewery and everyone is welcome.

Rey Velasco announced the 5K sprint Run is taking place at New Hope Solebury High School on April 4, 2004. A one mile run at 9:30 AM is followed by a 5 K run at 10 AM. There are about 450 runners expected to participate.

Rey Velasco announced the Philadelphia Flower Show will run until Sunday March 14, 2004. The hours are: Monday – Friday 10:00 AM to 9:30 PM, Saturday 8:00 AM to 9:30 PM and Sunday 8:00 AM to 6:00 PM.

Rey Velasco announced that the Hepatitis B Foundation will be hosting a fund raiser and a dinner at the Doylestown Country Club on Saturday evening. April 3, 2004.

PUBLIC WORKS:

Nothing to Report.

POLICE:

Sharyn Keiser thanked the Chief for his successful meetings regarding the Noise Ordinance.

OLD BUSINESS:

NEW BUSINESS:

PUBLIC PARTICIPATION:

Steve Stahl Thanked Geraldine Delevich for her positive comments on his play and went on to announce that he wanted to marry Bob Seneca but this was not a proposal tonight. He wanted to know what he needed to do.

Sharyn Keiser replied that Mr. Stahl would have to go through Doylestown. The Borough of New Hope does not issue licenses. There have been discussions taking place among Council members and Randy Flager who is a lawyer on Council says in Pennsylvania you have to go through the Bucks County Courthouse.

Randy Flager replied that San Francisco has an advantage just like Philadelphia who has their own County. If we were the County we would issue the licenses and then the State would challenge us and stop us from performing those marriages. He recommended that Mr. Stahl go to the Bucks County Courthouse and try to get one since it is his right as an American Citizen. There is a 99.9% chance that they will not approve it.

Randy Flager made a motion to pass a Resolution to support Gay Marriage and the Borough of New Hope to call upon the County of Bucks to issue Marriage Licenses. Geraldine Delevich seconded the motion.

Sharyn Keiser asked if there was public discussion on the motion passed.

Elaine McNealy commented she is waiting to wed her partner and said she will be going to Bernie O’Neil next.

Randy Flager replied that part of the problem is not so much marriage, it’s also protecting our children. There are many rights and obligations that married people have and they are taken for granted. For example; if two people who are married and own property it is called in Pennsylvania “property by the entireties” and that means if one of the spouses dies the property automatically goes to the other person, which would not be the same if two people were gay and owned the house even if that was their intention and if they died without a will. In addition if one of the spouses has a bad debt that debt cannot be put against the house if the house is owned by both parties in Pennsylvania and gives the marriage protection. If two gay people own a house with the same situation and have been living together for many years, the debt could be put against the house. The children in a gay union do not have the same rights under Federal and Social Security and all the other Social Service laws. The children should all be treated equally as a matter of basic fairness New Hope is pro family and pro children. Marriage is a civil contract of the State and is not a religious institution it is a civil act.

Sharyn Keiser commented that if a gay partner dies and everything is written out of survivorship you have to pay taxes on the house that you already own including everything that is owned. Even if everything was willed to you, it does not matter and is not fair. Sharyn encouraged that people get in touch with Pennsylvania representatives regarding domestic partnership in the State where the bill is still pending.

Geraldine Delevich commented next month Council will try to pass a resolution in regards to the 44 amendments that are coming before the State which is against Gay Marriages and goes further than where the State has gone. Philadelphia unanimously passed the resolution opposing those 44 amendments.

The motion was passed with all in favor.

Doro Kerr Asked what is planned for the canal project and if there will be Lights?

Sharyn Keiser answered that if there are lights, there will be ground lights and it will not impact on the residents. The lights will point back to the parking lot and light the path. This will not affect the East side at all and the lights will stop at Parry Street.

ADJOURNMENT: