Meeting Minutes

NEW HOPE BOROUGH COUNCIL
180 West Bridge Street
Regular Meeting
April 11, 2007
MINUTES

PRESENT: Sharyn Keiser, Ed Duffy, Geri Delevich, Rey Velasco, Claire Shaw, who arrived at 8:15 P.M., Randy Flager, Borough Manager John Burke, Solicitor T. J. Walsh, Borough Zoning Officer Bob Larason, Borough Engineer Craig Kennard.

ABSENT: Mayor Larry Keller and Richard Hirschfield.

COUNCIL PRESIDENT’S REPORT

Sharyn Keiser congratulated Ruth and Richard Hirschfield, who are currently away on a trip celebrating their 50th wedding anniversary.

Sharyn Keiser announced that there would be no Mayor’s Report tonight.

Sharyn Keiser announced that there was an Executive Session at 6:30 P.M. to discuss The Playhouse litigation.

Sharyn Keiser asked for a motion to approve the Consent Agenda, items A-G, as follows.

A. Consideration of approving payment of accounts payable for April 11, 2007, in the amount of $103,868.05; of payroll for March 14, 2007 in the amount of $49,394.10; and of payroll for March 28, 2007 in the amount of $57,906.67.
B. Consideration of approving the minutes of the February 27, 2007 public meeting of Borough Council.
C. Consideration of adopting Resolution No. 2007-10R, authorizing a payment in 2007 to the Delaware & Lehigh National Heritage Corridor, Inc. for the Regional Landmark Towns of Bucks County Program.
D. Consideration of appointing the Borough Manager to the Bucks County Delaware River Flood Task Force.
E. Consideration of adopting Resolution No. 2007-11R, appointing Fred Williamson as Fire Commissioner.
F. Consideration of appointing Daryl Jurbala as Fire Marshal and Emergency Management Coordinator.
G. Consideration of issuing a Certificate of Appropriateness, as recommended by the Historic Architectural Review Board, for:
(1) 31 & 31-A West Mechanic Street, by Paul Michael, for exterior painting;
(2) 90 West Bridge Street, by Franco Schnitzler, for exterior painting;
(3) 81 South Main Street (Sunny Face), by Sunny Linkfield, for exterior painting; and
(4) 72 North Main Street, by Jacqueline & John Hover, for installation of fence and light fixtures.

Randy Flager moved to approve the Consent Agenda, and Rey Velasco seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Sharyn Keiser asked Fred Williamson to come forward to present to him a resolution appointing him as honorary Fire Commissioner.

Fred Williamson thanked Council and the audience and mentioned that it was his pleasure to serve New Hope and stated that he is leaving the Borough in good hands with his replacement, Daryl Jurbala.

MANAGER’S REPORT

John Burke opened a public hearing to consider adoption of Ordinance No. 2007-03, which authorizes interim financing for the New Street Borough Hall Project by issuance of a General Obligation Note. Mr. Burke introduced Scott Shearer of Public Financial Management and Jonathan Cox of Rhoads and Sinon.

Scott Shearer stated that he has been working on this financing package for the purchase of the church land and some seed money for renovations with the Borough Manager for many months. Mr. Shearer conducted an RFP process for 10 local banks and received 5 responses. Mr. Shearer identified the proposals that were received as follows.

• Univest National Bank
• First National Bank of Newtown
• Harleysville National Bank
• Sovereign Bank
• Wachovia Bank

The loan is short-term financing or an interim note to get the money to buy the property and to start design work on the renovations. Later this year or in 2008, the Borough will obtain permanent financing. The First National Bank in Newtown is providing the most flexible and best financial offer for the Borough. The offering is a fixed rate at 4.15 % for five years. It would reset off the prime index thereafter. The intention is to have this loan outstanding for about a year, so there would be no worry about the rate-reset provision. It is a very low fixed rate for the next couple of years. The bank counsel fees are minimal to actually review the documents that will be put together for this transaction. Mr. Shearer recommended to Council to proceed with the proposal from The First National Bank of Newtown and added that all of the information in the ordinance reflects the proposal of 4.15% for the next five years. The loan is pre-payable at any time with no penalty, and it allows the Borough to draw down on these funds for a little over a two-year period. Even though this is a 2.1 million dollar loan it is established as a line of credit. The Borough would only be paying an interest expense on what the Borough actually draws down. It was designed to be very flexible for the Borough. Mr. Shearer turned the presentation over to Jonathan Cox, who is a bond lawyer from Rhoads and Sinon, LLP.

Jonathan Cox thanked Council for the opportunity to allow his firm to represent the Borough in this transaction. The ordinance represents the sole legislative act to complete the transaction of authorizing the financing. It authorizes the Borough to incur indebtedness of 2.1 million dollars and authorizes the form of the note. It pledges the full faith credit and taxing power of the Borough towards payment of the debt service on the note, and it authorizes bond counsel to act on the Borough’s behalf to file the necessary paperwork with the Department of Community and Economic Development. Finally, the ordinance authorizes the Borough officers to execute all closing documents to proceed with the transaction.

Randy Flager moved to adopt Ordinance # 2007-03, and Rey Velasco seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

John Burke opened a public hearing for Ordinance #2007-02, which would amend the Borough’s HARB ordinance. Mr. Burke stated that we have a proof of publication that the ordinance was advertised in the The New Hope Gazette on March 29, 2007.

T. J. Walsh stated that this ordinance addresses the issue that came up with the New Canal Village project. The ordinance defines the word “adjacent” to mean “next to” for the purpose of determining the maximum 10% height increase limitation. The comparable buildings cannot be separated by a street or canal. The amendment will also extend the validity of a Certificate of Appropriateness from 6 months to 18 months. The next item addressed is satellite dishes under 18 inches. These must conform to federal law, but would require a review as well as a HARB recommendation. There are also provisions clarifying the interpretation of the Historic District’s boundary lines and dealing with enforcement and appeals.

Randy Flager moved to adopt Ordinance #2007-02, and Ed Duffy seconded.

Sharyn Keiser called for comment by Council and the public and stated that HARB had approved the amendments.

The motion passed unanimously.

John Burke asked for consideration of Resolution # 2007-12R, authorizing New Hope’s participation, as a non-federal sponsor, in a flood mitigation study of the Delaware River in Bucks County to be conducted by the U.S. Army Corps of Engineers. The resolution gives New Hope the right, at a later date once the final costs are apportioned among the non-federal sponsors, to make a final determination as to whether New Hope will participate or not. At this point, the Corp of Engineers has not offered a firm number for a cost of the study, but the Borough hopes to have that number within approximately thirty days.

Rey Velasco moved to adopt Resolution No. 2007-12R, and Ed Duffy seconded.

Sharyn Keiser asked for comment by Council and the public.

Elaine McNealy asked what is the purpose of the study.

John Burke stated that the purpose of the study is to analyze possible structural and non-structural solutions to flooding in Bucks County. There is a similar study underway in New Jersey, which is being funded by both the federal government and the N. J. Department of Environmental Protection. Unfortunately, the Department of Environmental Protection in PA will not fund the local portion (the non-federal portion) of the Bucks County study. The Bucks municipalities must try to make up the non-federal funding source. If the study recommends either structural or non-structural solutions to the flooding problem, there would be 65% federal funding of those solutions. DEP would fund another 17-½% if the solutions are structural solutions, but at this time DEP will not fund non-structural solutions. The Borough is working with state legislators to change these state funding policies.

Joe Balderston asked if the studies would address the Tocks Island Dam.

John Burke answered that there is no enthusiasm by federal or state agencies for a Tocks Island type project, and it would take at least 10 to 15 years to complete at a cost of billions according to the experts.

Joe Balderston commented that he thinks it could be done in less time.

Ed Duffy moved to adopt Resolution 2007-12, and Geri Delevich seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

LAND USE AND HISTORIC PRESERVATION REPORT

Ed Duffy asked for consideration of a preliminary/final plan of land development, submitted by the New Hope Solebury School District, for T.M.P. No. 27-6-65 located at 180 West Bridge Street in the RC zoning district. (Review period ending May 5, 2007)

Sharyn Keiser asked David Hansel, who was present to represent the school district, to briefly explain what the district is proposing. Ms. Keiser asked if the district would agree to all conditions set forth in the Borough Manager’s draft letter of approval.

David Hansel answered that the school district intends on adding an addition on the back of the high school. It will be a seven-room classroom two-story addition with two restrooms and two workrooms for staff and is similar to the existing construction. Mr. Hansel stated that the school district would agree to comply with all conditions outlined in the Borough Manager’s draft letter.

John Burke commented that the Borough and the school district have been working together on the issue of attaining compliance for the school zone flashing signals on West Bridge Street with the existing PADOT permit conditions and asked if the Borough could expect that cooperation to continue.

David Hansel commented that he and Chief Pasqualini have been working on this. The school district has the original PADOT permit, and they know what they want and are prepared to go beyond the permit conditions and add additional safety measures.

John Burke commented that any additional measures would have to be approved by PADOT as part of an amendment to the permit.

David Hansel answered “correct.”

Ed Duffy moved to approve a preliminary/final plan of land development, subject to the terms of the Manager’s draft approval letter, and Randy Flager seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Sharyn Keiser turned the meeting over to the Borough Solicitor at this time to begin the conditional use hearing for Joe and Joni Glassman, for T.M.P. No 27-010-026, to allow a restaurant use at 1 North Main Street in the CC Zoning District.

John Burke announced that we have a proof of publication issued by The New Hope Gazette that this hearing was advertised in the March 22 and 29, 2007 issues.

A transcript of the Glassman conditional use hearing is attached to these minutes.

RECREATION BOARD & REVITALIZATION COMMITTEE REPORT

Sharyn Keiser stated that the Regional Landmark Towns of Bucks County, of which the Borough is a member, along with Bristol, Yardley and Morrisville boroughs, has decided that they are going to have a governing structure consisting of 16 directors and a 5 member Executive Committee. The Board of Directors would consist of 4 members from each participating municipality: an elected official, an appointed official, a civic leader and a local businessperson. The Executive Committee would have a representative from each of the 4 towns plus a representative from the Delaware & Lehigh National Heritage Corridor Commission.

Sharyn Keiser asked Council to approve Ed Duffy and her as alternates for the elected official position; John Burke as the appointed official; Chuck Tarr as the civic leader; and Dee Dee Bowman, who chairs the Revitalization Committee, as the businessperson representative.

John Burke commented that the D & L Commission featured a very nice report on the Landmark Towns’ program in its annual report. The objectives are to promote economical revitalization and tourism. The first step in the process has already occurred by getting this organized, preparing a strategic plan, and getting seed money from the D & L Commission in Allentown. The next step is submitting an application to the Pennsylvania Department of Community and Economic Development for monies to fund a Regional Landmark Towns Coordinator for the 4 municipalities. There should be a decision on that grant before July 1, 2007, and there is a budget of approximately $101,000 for next year that includes $50,000 in anticipated grant funds from the state, another $30,000 or so from the D & L Commission, and a $5,000 contribution by each of the participating municipalities. The major accomplishment to date is the hiring of the Keystone Heritage Group to develop a strategic plan for identifying infrastructure changes, as well as marketing and promotional opportunities. Also, during the first year, the group held public hearings in each of the communities and received a very good response in each community.

Sharyn Keiser asked for a motion to approve the appointments recommended by the Revitalization Committee.

Randy Flager moved to approve the recommended appointments, and Rey Velasco seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Herb Milman came forward to request the use of Ferry Landing Park on Saturday, May 5, 2007, from 3 P.M. to approximately 6 P.M. for a Commitment Ceremony Event and the use of the Fire Police for crowd control. Mr. Millman stated that the Recreation Board has approved the use of the park.

Randy Flager moved to approve the requests, and Claire Shaw seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Earl Bierman presented the Park & Recreation Board’s proposal for a Farmer’s Market to begin on May 3, 2007 and continue every Thursday from 3 P.M. to 7:00 P.M.

Council agreed that the Farmer’s Market would be a great contribution for the business and residential communities as long as a suitable place is selected to insure pedestrian safety.

Council directed the Park & Recreation Board to proceed with the project and to work with the manager to find a safe, convenient site.

Robin Larson came forward to ask to place a sculpture at Lenape Park and stated that she has already received approval from the Park and Recreation Board for the sculpture to go to Leanpe Park once the area is ready. Ms. Larson also mentioned that she would like to put more attractive fencing around the sculpture. The sculpture will be on exhibit as part of the New Hope Art Show, beginning on April 28, 2007

Randy Flager moved to approve the request, and Rey Velasco seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Sharyn Keiser thanked Tom Carroll and the Public Works staff for supplying the safety railing at the Randolph Street Park from salvaged parts from other projects.

COMMUNITY AFFAIRS REPORT

Rey Velasco announced the Visitors’ Center Report from March 2007 as follows:

Visitors 1, 653
Calls 287
Brochures 19
Sales $199.20
Donations $246.67

Rey Velasco commented on the success of the birdhouse auction event.

Rey Velasco announced the New Hope Arts Sculpture Show from April through June 17th.

Rey Velasco asked for consideration of a request by the Mechanic Street Merchants Association and Second Saturdays Group in New Hope to close West Mechanic Street, between South Main Street and Ney Alley, on May 12, 2007, between noon and 9 P.M.

Randy Flager moved to approve the request, and Geri Delevich seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Geri Delevich asked for consideration of designating June 2, 2007 as New Hope History Day.

Roy Ziegler, President of the Historical Society, was present to discuss the events. Mr. Ziegler stated that many groups from town are involved to provide a very exciting day.

Randy Flager moved to approve the request to designate June 2, 2007 as New Hope History Day, and Geri Delevich seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Geri Delevich moved to approve requests by Bob Gerenser on behalf of Coryell’s Ferry Militia 1) to close West Bridge Street on June 2, 2007, from 180 West Bridge Street to West Ferry Street and from West Ferry Street to Ferry Landing Park, for a parade starting at 11 A.M., 2) to install a banner across East Bridge Street from May 7th to June 2nd, and 3) to waive all permit fees and police overtime expenses.

Randy Flager seconded.

Sharyn Keiser expressed concern about the police overtime expenses being waived.

Chief Pasqualini commented that events like this cost approximately $1,000.00 to $1,400.00 in overtime and impact the budget.

Roy Ziegler commented that the Historic Society and the Chamber President would go to their Boards next week and ask if each can contribute.

Randy Flager amended the original motion to exclude police overtime expenses. Geri Delevich seconded.

Sharyn Keiser asked for comment by Council and the public.

The amended motion passed unanimously.

Geri Delevich asked for consideration of a request by New Hope Art Inc. to install a banner across East Bridge Street for Savor New Hope from June 29 to July 16. Randy Flager seconded.

Sharyn Keiser asked for comment by Council and the public.

The motion passed unanimously.

Geri Delevich announced the upcoming Shad Festival and the New Hope Golf Classic.

Robin Larson announced that the birdhouse auction brought in over $25,000 and thanked Rick and Bob from 5th Season.

Sharyn Keiser congratulated Steven Stahl, who has been nominated as Best Director for an independent film.

Steven Coppens asked if he could obtain a list for who is not paying their taxes.

T. J. Walsh answered that the Borough cannot hand out such a list under state law. It would be a criminal act.

ADJOURNMENT