Meeting Minutes

NEW HOPE BOROUGH COUNCIL
Regular Meeting
April 12, 2005
MINUTES

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

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

ABSENT: Geri Delevich

Richard Hirschfield announced that there was an Executive Session before the meeting this evening to discuss real estate acquisition and collective bargaining matters.

Richard Hirschfield announced that item 2, the minutes of March 10, 2005, are not ready because of the flood and will be considered for approval at the May 10th 2005 meeting. Secondly, item 6 E, the consideration of the land development plan for the Logan Inn, has been postponed based on a request by the applicant. Lastly, item 10 B, consideration of waiving parking meter fees, will be discussed earlier in the agenda.

Richard Hirschfield announced that he and the Mayor were away during the flood and thanked Sharyn Keiser and John Burke who both did a spectacular job of managing the Borough.

Sharyn Keiser announced that there are no words to describe the remarkable job preformed by Tom Markey and the New Hope Eagle Fire Company before, during and after the recent flood. The Police Department and the Public Works Department provided exemplary service to the Borough and the residents during the aftermath of the flood. Sharyn recognized the following people: Daryl Jurbala, who was hours ahead on the prediction of the flood level, which allowed for an organized evacuation; Craig Forbes of the Fire Company; the entire Fire Department; the Fire Police; the Emergency Management public information officers Linda and Michelle; the Cosner’s; all the families that fed the volunteers; our team of Constables consisting of Rick, Cynthia and Joe for their help in the enforcement of the curfew; the Red Cross for the food and the clean up kits; the Salvation Army; Bernie O’Neill, who spent a full day in New Hope; the Glassman’s for opening their bed and breakfast doors for flood victims to stay at their inn free of charge; the Boy Scouts; and John Burke, Borough Manager, and Janell Hammond.

Sharyn Keiser announced how difficult it was for the business people during the flood and motioned to waive parking meter fees along the public streets in the Borough starting Monday, April 25th, 2005 through Sunday, May 1, 2005, which will include Union Square. Randy Flager seconded the motion.

Brian Fitting, President of the Chamber of Commerce, thanked Council for the free meters and also mentioned that he met with the Lambertville Chamber of Commerce, who will be seeking free parking from their Council to contribute to a great May kick off with all the festivals coming up.

The motion passed unanimously.

Mayor Keller thanked Sharyn Keiser and the Emergency Services Team for the tremendous job. The Mayor encouraged the residents to show their support by coming out during the week to support the local restaurants and shops.

Richard Hirschfield announced that item 4B will be next, which is a presentation by Alex Dyke of Gilmore and Associates.

Alexander Dyke introduced himself and presented a brief status report on the public water project. The water mains to be installed as Phase II are nearly complete. The contractor completed the line on West Bridge today and what remains is a line to go into the alley off West Bridge, which will hopefully begin tomorrow and should be completed tomorrow. The only main work left will be on West Ferry Street and where we have a couple of short stretches on either side of the canal and this should be done within the next couple of days. Next will be the canal crossing itself on West Ferry Street. There are still some issues that need to be worked out about this location. There has been good progress on service connections and Riverstone and Kiltie are complete. A portion of lower Old York Road and all of North Main Street service connections are in. Tomorrow they will be completing Old York Road and move onto West Bridge and work their way down West Bridge to get some of the newly installed mains tested so that they can complete the service connections.

Steve Coppens expressed concern about liability and would like to be informed on what will happen at his location on West Bridge Street and thanked everyone for their help.

John Burke asked Alex Dyke if there will be a letter for the residents in which the BCWSA will assume responsibility for maintenance of the 1 in. and 2 in. lines installed under the sidewalk.

Alex Dyke answered that it is mainly the responsibility of the authority and answered he could get something out in writing to that effect.

Joe Balderston, 25 North Main Street, asked about permanent paving restoration.

Alex Dyke answered that it depends on the street; some of them will be trench restoration, some will be a full-length overlay.

Joe Balderston asked when this will be completed.

Alex Dyke answered that it will start when the pipe work stops and that it depends on progress, and he cannot offer a time frame right now.

Richard Hirschfield announced item 4C will be given to Sharyn Keiser to present and is the authorization for the advertisement of comprehensive amendments to the New Hope Borough Zoning Ordinance and Zoning Map.

Sharyn Keiser thanked Lynn Bush, Executive Director of the Bucks County Planning Commission, Ed Duffy, Randy Flager, Bob Larason, Sandy Santello, David Newhart, David Baer, Tom Scannapieco and Borough Manager John Burke for all their contributions to the new Zoning Ordinance and then introduced Lynn Bush.

Lynn Bush commented that the Zoning Ordinance in place currently was adopted in 1981 and has been amended and modified over the years, but this is the first comprehensive revision to that document in almost 25 years. New Hope is a unique area in terms of the vital business district, the residents who live here and the level of activity. The goal was to bring this ordinance up to date so that it reflects current conditions, complies with state laws, and reflects the uniqueness of New Hope. The Zoning Districts, with one exception, are the same. There are some items that are better and some new, such as a whole section for each Zoning District that tells you exactly what is allowed and what the lot sizes are required to be, which is much more user friendly. The historic nature of the Borough has been addressed and more emphasis has been added to historic preservation of buildings. There are limits set on sizes of retail stores, not to constrain anything, but to deal with the issue of big boxes. Restaurants have been addressed in regards to outdoor eating areas, parking, outdoor storage, and display. Parking was addressed including leased spaces and valet parking. Zoning permits and the administration of the ordinance has been addressed, eliminating a lot of the ambiguity. New language was also added to reflect what had been previously adopted for the Union Square Development.

Council thanked Lynn Bush.

Sharyn Keiser motioned to authorize advertisement of the Zoning Ordinance and Map for a public hearing to consider adoption and Rey Velasco seconded.

Richard Hirschfield commented that the process will take several months and the public hearing will be set independent of the Council meeting and may be sometime in May but that has not been finalized. The ordinance and map will be discussed at the public hearing and voted on at another public meeting.

The motion passed unanimously

Richard Hirschfield announced that item 4E was next on the agenda, consideration of approving an agreement with Mr. Alan Rosenburg regarding 150 South Main Street. The Borough has been involved with Mr. and Mrs. Rosenburg for several years trying to reach an acceptable settlement of a health and safety issues at that location and complimented Mr. Rosenburg on his plans to make the place safe.

Richard Hirschfield asked for a motion to approve the zoning use agreement with Mr. Rosenburg. Randy Flager motioned to approve the agreement and Sharyn Keiser seconded. The motion passed unanimously.

Richard Hirschfield asked for a motion to extend the Declaration of a Limited Disaster Emergency, signed by Sharyn Keiser 10 days ago, until May 10. 2005. The reason why the extension is needed is that the Borough is still paying for dumpsters, services for cleanup, and under a state of emergency the bidding process is not required which expedites matters.

Randy Flager motioned to extend the Declaration of Emergency and Jake Fell seconded. The motion passed unanimously.

Richard Hirschfield asked for a motion to consider waiving all construction permit and permit fee requirements for restoration of flood damaged properties.

Randy Flager motioned to waive the construction permits and fees and Rey Velasco seconded.

Jake Fell asked if that included the water hook-up.

Richard Hirschfield answered no, and stated that this applied to permit and permit fees for the restoration of flood damaged properties only.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for April 12, 2005, in the amount of $98,678.15; of payroll for March 16, 2005 in the amount of $43,432.70; and of payroll for March 30, 2005, in the amount of $50,458.39. Randy Flager motioned to approve the payables and payrolls and Ed Duffy seconded. The motion passed unanimously.

John Burke opened a public hearing to consider adopting Ordinance #2005-04, establishing requirements for use registration permits. The ordinance was advertised in the New Hope Gazette on March 31, 2005. This ordinance is in accordance with the state law and would allow the Borough to require the sellers of properties to advise purchasers of the legal use of the properties and to provide purchasers with a legal use registration permit from the Borough showing the legal use and zoning classification for each property.

Sharyn Keiser asked if this would include historic districts and would that be in the classification.

John Burke answered yes.

Rey Velasco motioned to adopt Ordinance 2005-04 and Randy Flager seconded.

Richard Hirschfield commented that the purpose of this it to let the buyer be aware; you want to make him aware of what the permitted uses of the property are when he buys it.

The motion passed unanimously.

John Burke announced that the next item is a continuation from last month’s agenda. KCI Technologies is an engineering firm working out of Mechanicsburg Pennsylvania that has been hired by PADOT to do the design and engineering for the Bridge Street bridge replacement project. Last month Council asked what the timeline would be to complete the project by either closing West Bridge Street completely or leaving West Bridge Street open one-way in the east bound direction with a detour coming from the west bound direction. There was a response from KCI this month stating that it would take 7 months to complete this project based on keeping one lane open at all times and 6 1/2 months to complete the project based on the total closure of West Bridge Street.

Richard Hirschfield commented that this project is a number of years off beginning sometime in the year 2007. There will be several public hearings on this bridge project for design and timing, and Council is not happy with the timing of seven months since it took only 5 months for the New Hope and Lambertville free bridge to be renovated. What is being approved tonight is the detour plan only.

Rey Velasco commented that he was concerned with why KCI does not want to begin construction in the winter months.

Richard Hirschfield agreed and added that the bridge needs to be worked on off-season and completed as fast as possible.

Richard Hirschfield asked for a motion to approve the detour specified as a west bound detour coming off the free bridge and turning onto Main Street north and going up to Rt. 179 (the spur) with one lane of traffic east bound on Bridge Street.

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

John Burke asked for consideration of authorizing the purchase of an NEC Electra Elite IPK Telephone System under the Pennsylvania Cooperative Purchasing Program, Contract No. 5805-55. The existing telephone system was damaged by the flood.

Randy Flager motioned to approve purchase of the new telephone system per state contract no. 5805-55 and Rey Velasco seconded. The motion passed unanimously.

John Burke assured Council they will not have to deposit a quarter anymore before they make a call with this new phone system.

PLANNING AND ZONING

Ed Duffy motioned to appoint Russell McLaughlin of Building Inspection Underwriter’s Inc. to the Historic Architectural Review Board for a term expiring December 31, 2007. Sharyn Keiser seconded.

Richard Hirschfield commented that this group was hired by the Borough a few months to do the building inspections and, according to the HARB ordinance, there has to be a building inspector on the board.

The motion passed unanimously.

Ed Duffy motioned to approve a preliminary/final plan of Minor Land Development for Rita’s Water Ice, submitted by Mr. Ronald E. Rappaport, for T.M.P. No. 27-10-103, located at 137 South Main Street in the Central Commercial (CC) zoning district. Rey Velasco seconded.

Richard Hirschfield commented that Council has an agreement, dated April 12, 2005, addressed to Mr. Rappaport from John Burke, which contains 24 conditions for approval.

Richard Hirschfield asked Mr. Ronald Rappaport, “Have you read the conditions of approval?”

Ronald Rappaport answered “Yes, I have.”

Richard Hirschfield asked Mr. Ronald Rappaport, “Do you agree with these 24 conditions?”

Ronald Rappaport answered, “Yes I do.”

Richard Hirschfield asked for the record to show that the applicant appeared before Council and agreed to the 24 conditions of approval for a preliminary/ final plan of minor land development dated April 12, 2005.

Ed Duffy asked since they will be going before the Zoning Board for signage is that a separate issue?

Richard Hirschfield answered it is a separate issue.

The motion passed unanimously.

Ed Duffy motioned to grant a request by Mother’s Restaurant, located at 34 North Main Street, to allow use of three (3) outdoor dining tables in the sidewalk area.

Richard Hirschfield asked if it is on the sidewalk or their property?

Richard Hirschfield asked that the motion be changed for the dining tables to be on Mother’s property and be contained completely within the property line.

Ed Duffy motioned to grant the request by Mother’s Restaurant located at 34 North Main Street to allow the use of three (3) outdoor dining tables to be on Mother’s property conditioned upon containing these dining tables within the property line. Randy Flager seconded. The motion passed unanimously.

Richard Hirschfield commented that Bob Larason, the Zoning Officer, sent a letter to John Burke where he stated the following observations: 1. that the area proposed does not obstruct pedestrians since there is five or six feet left; 2. they have to have daily cleanup of the area trash; and 3. that they have to remove three tables from the inside so they do not change the parking requirements.

Ed Duffy commented that they were taking the requirements for the seating from the back porch.

Richard Hirschfield commented yes, and that Ed’s comment will also be made a condition.

Ed Duffy asked will 12 chairs as well as the three tables need to be taken into consideration and how much space will that take up.

Sharyn Keiser commented that there needs to be a stipulation that there is to be nothing in the right of way even when people are getting out of their chair. They cannot be in the right of way, especially for handicap accessibility.

The owner of Mother’s Restaurant explained that they would be able to get at least two chairs per table and will be keeping within the property line and will not encroach on the sidewalk. There will be two (2) oblong tables in the larger area and a third one on the other side of the steps, right next to their sign, and they would only seat two people at each table.

Rey Velasco commented that the larger area seems big enough but the smaller area may be a concern.

Richard Hirschfield suggested the three tables with two seats initially and see if that works out.

The owner of Mother’s Restaurant agreed.

Richard Hirschfield asked for the motion to be restructured.

Randy Flager motioned to allow three (3) outdoor tables in the front of Mother’s Restaurant conditioned upon the tables seating only two people at one time and Rey Velasco seconded.

Sharyn Keiser motioned to amend the motion as follows: that there be three tables and two chairs at each table only. There will be two tables in the larger alcove and one table in the smaller alcove and that nothing will go beyond where the entrance way is and, in addition, the owner will eliminate equal amount of seats within the restaurant and Rey Valesco seconded. The motion was passed 4 to 2 by the following vote.

HIRSCHFIELD KEISER FELL DUFFY VELASCO FLAGER
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Ed Duffy motioned to table the Mother’s Restaurant out door seating request and Randy Flager seconded.

Richard Hirschfield asked for all in favor of tabling the motion. The motion to table was defeated 2 to 4 by the following vote.

KEISER FELL HIRSCHFIELD DUFFY VELASCO FLAGER
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Joe Balderston commented that Mother’s should have their request granted and word the motion to include a trial period and give them the opportunity.

Randy Flager motioned to amend the motion as follows; to allow Mother’s Restaurant to have outdoor seating for the 2005 season through October 31, 2005, to have three tables with two seats per table, to eliminate an equal number of seats elsewhere at the restaurant, to require the tables to stay within the property line, and that such arrangement will not interfere with public access along the sidewalk. Jake Fell seconded. The amended motion passed unanimously.

Richard Hirschfield asked for a motion to approve a request by Mr. Chris Bollenbacher to waive the requirement of the Subdivision and Land Development Ordinance for submission of a land development application in connection with a proposed new restaurant at 22 North Main Street. This proposal came before Council a few months ago for a Café, on an existing footprint, to serve breakfast and to make bathrooms available to the public, which will be accessible for the disabled.

Ed Duffy motioned to approve the request by Mr. Bollenbacher and Randy Flager seconded. The motion passed unanimously.

RECREATION BOARD

Earl Bierman promoted the golf Outing on May 9, 2005 and encouraged everyone to come.

COMMUNITY AFFAIRS

Rey Velasco presented the Visitor Center’s monthly report for March as follows:
Visitors 1,708
Calls 291
Brochures 34
Sales $29.25
Donations $293.58

Rey Velasco announced this Saturday 9:00 A.M. at Bowman’s Wildlife Preserve, they are looking for fifty volunteers to help cleanup that area, which is between Aquetong and River Road. Starbucks will help with financial support if 50 people show up.

Rey Velasco announced the New Hope Sculpture Art Show, which will be at 2 Stockton Avenue; tickets are available for $20.00 each after the meeting this evening.

Rey Velasco introduced Lewis in the audience, who is one of the co-chairs for the Over the Rainbow event.

Louis Licitra announced that May 13th, 14th, and 15th will be Rainbow weekend in New Hope and more information is available on the event website (newhopecelebrates.com). Among the many entertainers are River Houston and the Philadelphia Gay Pioneer. The weekend will also include many events. Saturday night will be the After Glow party at Triumph Brewery.

John Burke stated that the Borough requires a hold harmless agreement and a certificate of insurance from the event organizers. In addition, the placement of the flag or banner across a public street would require a special permit and the use of Ferry Landing, if that is still the intent of the group, would require the approval of Council. And, if that is the case, there would be approval required by the Chief of Police to close down that portion of the street, and also a noise permit would be required if outdoor music is planned.

Mr. Licitra stated that Dan Brooks has been in contact with the Chief in regards to the road closing and the noise permit.

Richard Hirschfield asked for a motion to waive all permit fees and to allow the use of East Ferry Street and Ferry Landing, providing that the Borough receives the proper insurance and the hold harmless agreement associated with this event.

Rey Velasco motioned for approval and Randy Flager seconded. The motion passed unanimously.

Rey Velasco motioned to approve a banner for New Hope Arts Inc. to place across Bridge Street starting April 29th, 2005 and ending May 29th, 2005 announcing the Annual New Hope Sculpture Exhibition. Randy Flager seconded.

Richard Hirschfield added that this will be subject to the Borough receiving the certificate of insurance and the hold harmless agreement prior to installing the banner.

The motion passed unanimously.

POLICE COMMITTEE

Sharyn Keiser motioned to hire Dustin Sinclair and Bethanne Williams as part-time Parking Enforcement Officers at a rate of $13.00 per hour, and Michael Thomas Montalbno as Part-time Police Officer at a rate $15.00 per hour, subject to the terms and provisions of the New Hope Borough Employee Handbook. Randy Flager seconded. The motion passed unanimously.

PUBLIC WORKS

Jake Fell commented what a great job the Public Works Department did during and after the flood.

Jake Fell announced that there are water test kits available for residents at Borough Hall to have your well water tested.

OLD BUSINESS

There was a comment on how long the water tests will be available.

Richard Hirschfield answered at least several more weeks.

Ed Duffy commented on how well everything was managed during and after the flood and commended Borough Manager John Burke.

Randy Flager is concerned that locusts may arrive.

Sharyn Keiser commented that Ed Duffy took time off from work and was continually helping people throughout the flood and further thanked Randy Flager, Rey Velasco and Jake Fell for their work during the recent flood.

Rey Velasco commented on the great spirit of community during the disaster, even suffering personal losses they all did what they had to do to get through.

NEW BUSINESS

PUBLIC PARTICIPATION

Joe Balderston asked why the sewer project has stopped.

Richard Hirschfield answered because they would have been working at the same time that the water main contractor was finishing up East Bridge Street and it would have been a traffic nightmare. They should be restarting any day.

Joe Balderston asked if the streets will be cleaned soon because the dust is annoying.

John Burke answered that it is a very fine dust and it is difficult to pick up; the solution is a few good rains.

Richard Hirschfield answered that the Borough will talk to the Fire Company and see if they could wash down the streets with a tanker.

Joe Balderston asked how many members of the HARB Board do not live in New Hope.

Richard Hirschfield answered three and they are all there for specific roles required by state law, for example, an Architect, a code enforcement officer, and a broker.

ADJOURNMENT