Meeting Minutes

NEW HOPE BOROUGH COUNCIL
Regular Meeting
May 10. 2005
MINUTES

Note: At that meeting in May there were 2 Conditional Use Hearings. The public can come by Borough Hall to review them at any time. The two hearings: Christopher P. Bollenbacher, 13 East Randolph Street, New Hope Pa. regarding Tax Parcel #27-10-123 and Martine Landry, 14 East Ferry Street, New Hope Pa. Tax Parcel # 27-10-141

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

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

ABSENT: Randy Flager

Richard Hirschfield asked for consideration to approve the minutes of March 17, 2005 and April 12, 2005. There is a change on page 5 in the April 12, 2005 minutes where Ordinance “2205-04” should read “2005-4.”

The minutes were approved unanimously, with the correction noted above.

MAYORS REPORT

Mayor Keller announced that Odette’s will be opening this coming Friday night for business after restoration from the flood, and he encourage residents to support all local businesses.

Mayor Keller read an article from the New Hope Gazette from the year 1954, on how Waterloo Street got its name.

Richard Hirschfield announced that there was an Executive Session prior to the meeting on real estate acquisition matter and a personnel matter.

Richard Hirschfield introduced Alex Dyke from Gilmore and Associates to present a status report on the Phase II water main extension project of the Bucks County Water and Sewer Authority.

Alex Dyke announced that progress has been steady and productive since the last meeting. The water mains are all installed, with the exception of the crossing under the canal at West Ferry Street. This work is tentatively scheduled for this coming Thursday. There has been good progress on the service connections for the individual properties, but there are a few left to be done. This work is near completion. There has been good progress with restoration of sidewalks, easement areas, and grass areas that were disturbed. Road restoration will be started in the next couple of weeks. There are still details that are being worked out with the Borough. The Authority is working with the contractor to get more resurfacing than was in the original contract in order to get better surfaces on the roads.

Geri Delevich asked if there is a projected date for completion.

Alex Dyke answered the end of June, possibly, for road restoration.

Joe Balderston asked when the North Main Street area could expect public water.

Alex Dyke answered that the expectation is August or September when North Main Street will be ready for service connections. The Authority will be in touch with the residents as to when they can hook-up.

Steven Coppens stated that Bucks County Water and Sewer Authority said if he installs three connections and does not use them within ninety days (90), he loses them.

Richard Hirschfield answered that he has 90 days from the date of the letter from Bucks County Water and Sewer Authority to hook up.

Alex Dyke stated that the ninety days has to do with receiving the discount on the connection fee. After the ninety days, he would be charged a higher rate.

MANAGER’S REPORT

John Burke asked for consideration to approve payment of accounts payable for May 10, 2005, in the amount of $103,687.22; of payroll for April 13, 2005 in the amount of $49,368.61; and of payroll for April 27, 2005, in the amount of $47,843.29.

Rey Velasco motioned to approve the accounts payable and payrolls. Ed Duffy seconded.

Richard Hirschfield commented for the record that $10,000 of the accounts payable is for flood expenses which will, hopefully, be reimbursed.

John Burke added that an additional $34,000 in payables are tax payments to the fire company, library and rescue squad.

The motion passed unanimously.

John Burke announced that the next item on the agenda is a public hearing to consider the adoption of Ordinance # 2005-04. This ordinance was advertised in the New Hope Gazette on April 28, 2005. The proposed ordinance amends the HARB ordinance adopted in 2004. It adds a definition of signs, amends the definition of a public right of way and amends the definition of an alteration.

ED Duffy motioned to approve Ordinance 2005-04 and Sharyn Keiser seconded.

Richard Hirschfield commented the ordinance defines the right of way based on what the state finds the right of way to be and basically includes owned or controlled streets, parking lots, parks, alleys, sidewalks within the ultimate rights of way of roads, other pedestrian rights of way, and the Delaware Canal. It also deletes the seventy-five (75’) distance for viewing structures and signs.

The motion passed unanimously.

John Burke asked for consideration to adopt Resolution #2005-11R, designating Janell Hammond as the Borough’s agent, pursuant to the federal Robert T. Strafford Relief and Emergency Assistance Act, for obtaining federal public assistance. This will result in reimbursement to the Borough under federal and state law for certain expenditures related to the April 2005 flood.

Sharyn Keiser motioned to adopt Resolution 2005-11R and Jake Fell seconded. The motion passed unanimously.

John Burke asked for consideration to approve a proposal by HKCMG, P.C. for accounting consulting services for compliance with GASB 34. GASB 34 makes a number of significant changes in the way governments are to report their financial statements in the future. The estimated cost is in the range of $3,000 to $5,000, and it is an estimate within that range because it depends on what the Borough can do internally with the staff. GASB 34 is essential if the Borough is to issue bonds in the future. We would be severely hampered today in issuing bonds because our financial statements do not comply with generally accepted accounting principles for municipal governments.

Richard Hirschfield commented that $5,000 was included in the budget for 2005 for GASB 34, anticipating we would have to update our accounting system.

Richard Hirschfield asked for a motion to approve the proposal to obtain the services of HKCMG, P.C. for accounting and consulting services for GASB 34. Rey Velasco motioned to approve the proposal and Sharyn Keiser seconded. The motion passed unanimously.
HARB

Rey Velasco asked for consideration of approving the issuance of Certificates of Appropriateness, as recommended by HARB, for the following locations.

Richard Hirschfield left the meeting at this time.

Rey Velasco motioned to approve 160 South Main Street for a sign installation and Ed Duffy seconded. The motion passed unanimously, 5-0, by the following vote.

Rey Velasco motioned to approve 137 South Main Street for a sign installation and Ed Duffy seconded. The motion passed unanimously, 5-0, by the following vote.

Rey Velasco motioned to approve 22 North Main Street for replacement of the front door of the Landing and Ed Duffy seconded. The motion passed unanimously, 5-0, by the following vote.

Rey Velasco motioned to approve 113 Sugan Road for installation of a roof and Ed Duffy seconded. The motion passed unanimously, 5-0, by the following vote.

Ed Duffy motioned to approve 28 West Bridge Street for the installation of a sign, installation of a pergola over an existing patio, replacement of a gate/fence to the rear yard, excluding the proposed second floor addition.

Geri Delevich asked if this was the arch replacing the existing one at Villa Vito.

Ed Duffy answered yes.

Geri Delevich seconded the motion, and it passed unanimously, 5-0, by the following vote.

Richard Hirschfield returned to the meeting at this time.

Ed Duffy motioned to approve 150 South Main Street for the construction of exterior stairs on the south side of the property. Sharyn Keiser seconded the motion and the motion passed unanimously, 6-0, by the following vote.

Ed Duffy motioned to approve 58 North Main Street for the replacement of a porch, and Rey Velasco seconded the motion. The motion passed unanimously, 6-0, by the following vote.

Geri Delevich added that 58 North Main Street looks beautiful.

Richard Hirschfield at this time announced that there are two Conditional Use applications to be heard and read the following statement into the record, “Under Pennsylvania Law, a conditional use is an allowed use subject to the applicant meeting the specific and general standards for such uses found in the Zoning Ordinance and securing the approval of the Borough Council. Council may attach reasonable conditions and safeguards on such uses consistent with the Zoning Ordinance and the Pennsylvania Municipalities Planning Code (MPC.) The general standards of the Zoning Ordinance for all conditional uses are as follows. 1. The use must be in accordance with the Comprehensive Plan. 2. The use must be in the best interest of the Borough, convenience of the community and the public welfare. 3. The use must be suitable for the property and design, constructed, operated and maintained to be in harmony with and appropriate in appearance to the existing or the intended character of the neighborhood. 4. The use must be in conformance with all applicable requirements of the Zoning Ordinance and all other Borough Ordinances. 5. The use must be suitable in terms of its effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard. 6. The use must be in accordance with sound standards of subdivision and land development practice, if applicable. 7. The use must conform to the specific standards of the Zoning Ordinance for the particular use for which approval is sought.

Richard Hirschfield noted that if Council approves this conditional use application, the applicant must then apply for all required zoning and construction permits from the Borough and all other permits and licenses required by other agencies, such as the Bucks County Health Department. Issues concerning compliance with area and dimensional standards, sign regulations, flood plain regulations, and storm water management will be handled by the Zoning Officer in connection with the Zoning Permit application. Borough Council will consider two conditional use applications tonight. This formal public hearing is convened to hear these applications and receive evidence pursuant to them. A Court stenographer is present to prepare a transcript of each hearing.

The first conditional use hearing is for Christopher P. Bollenbacher, 13 East Randolph Street, New Hope Pa. regarding Tax Parcel # 27-10-123, which is owned by the applicant and located at the vicinity of the intersection of North Main Street and East Randolph Street. The applicant desires to convert the existing garage storage building at 13 East Randolph Street to a restaurant use and requests a conditional use pursuant to Ordinance No. 2004-11 to allow a sit down restaurant use (use E-6) in the CC zoning district. The conditional use is requested pursuant to Ordinance #2004-11.

The second conditional use hearing is for Martine Landry for the premises known as 14 East Ferry Street, Tax Parcel # 27-10-141, which is owned by the applicant and located in the vicinity of the intersection of South Main Street and East Ferry Street in New Hope Borough. The applicant seeks approval to convert an existing residential building at 14 East Ferry Street to a sit down restaurant use (use E-6) in the CC zoning district where the property is located. The conditional use is requested pursuant to Ordinance #2004-11.

The regular meeting of Council was recessed at 8:05 P.M. and the conditional use public hearings began.

The regular meeting of Borough Council resumed at 9:00 P.M.

Richard Hirschfield announced the next item on the agenda is consideration of a preliminary plan of land development for The Logan Inn, submitted by Carlog, L.P., for T.M.P. #’s 27-10-51 & 51-1, located at 10 West Ferry Street in the Central Commercial (CC) zoning district. Mr. Hirschfield asked Carl Asplundh to begin his presentation and to identify himself for the record.

Mike Carr Esq. of Eastburn & Gray in Doylestown began by stating in 2000 the Zoning Hearing Board granted Carlog relief to facilitate the construction of a very large addition. He asked Council to reach a conclusion based on the drawings and plans and claimed that while the proposed development is smaller than that approved by the Zoning Hearing Board, it is functionally consistent with what was approved initially by that board. Mr. Carr introduced the project Architect, Mr. Richard Lake, to compare the plan approved by the Zoning Hearing Board and the land development plan submitted recently by the applicant .

Mike Carr stated that Carlog would grant an extension of the allowable review period under state law and did not expect a vote on the application by Council this evening .

Richard Lake began by saying that the original Zoning Hearing Board approval in 2000 had a footprint of around 9600 square feet and the current application is 7200 square feet. The total fit out back in 2000 was for a three story building of 24,364 square feet and the current proposal for phase II & III would be an ultimate fit out of three stories for 18,000 square feet, approximately 6,000 square feet less area. The proposal in 2000 was to accommodate 11 new guest rooms per floor or a total of 22 new guestrooms, and the current proposal has 5 guestrooms per floor for an additional 10 guest rooms. The 2000 proposal allowed for seating of 374 in dining, banquet, and meeting rooms, and the current proposal is requesting 262 seats associated with the dining and the meeting rooms. The 2000 proposal was a three story building and had a set back of 10 feet from the property line. The current design allows for a 10 foot set back, but will have a one story porch (open air) that would face a dining room and step up to a two story porch (a mezzanine area) built above the first floor dining room. The third floor would step back once again taking away from the massing at the street. The 2000 proposal had a dining room area, expansion of the kitchen, and four different meeting rooms or banquet rooms. The current proposal has a dining room in the front with a wrap around open air porch associated with it, two banquet/meeting rooms, and an expansion to the kitchen, and in the back is some office space, an area for trash enclosure. The current expansion area would not remove any of the existing parking or restrict any easements to the adjacent property. In addition to that, the adjacent structure with the current proposal would not be dwarfed and would be enhanced since it steps back. On the third level there would be a small lounge balcony area that would be built above the dining room and used as a lounge space. Richard Lake stated that all requirements of the 2000 Zoning Hearing Board decision have been met, and the current proposal will have less impact on the community.

Mike Carr mentioned to Council that he would hope that they agree with the conclusion presented and asked for feedback.

Council commented that the existing covered patio in the plan is not shown, and felt that the plans presented tonight are an incomplete view of the proposal.

Mike Carr answered that they did not address that area in the plans, and they may have a covered dining area in that space.

Council commented that the plans presented this evening do not show this.

Mike Carr answered that the proposed plans are not finalized.

Council commented that to make the footprint smaller is positive, but the use with bars, a lounge etc. is a more intensive and unpleasant use than the guest rooms approved by the Zoning Hearing Board. A guest room is not a bar and the applicant needs to go back to the Zoning Hearing Board or review the whole project once again.

Richard Hirschfield asked Council whether this proposal should go back for zoning relief and called on Rey Velasco first.

Rey Velasco agreed.

Ed Duffy agreed.

Sharyn Keiser agreed.

Geri Delevich agreed.

Jake Fell agreed.

Richard Hirschfield agreed

Mike Carr asked Council if they would support or oppose an application to the Zoning Hearing Board.

Council answered that they would not know what to oppose or support until the application is submitted and clearly defined.

Council further commented that recent improvements at the Logan Inn differ from what was presented to Council in the past, resulting in a massive outside bar including a patio with plastic covers.

Mike Carr commented that the current land development application is better for the Borough than the 2000 Zoning Hearing Board approved plan, which is better for the applicant.

Council commented that there are too many discrepancies in the plan presented this evening and further commented that there needs to be clarification in what the applicant is after here.

Mike Carr commented that the Zoning Officer has suggested that they go to the Zoning Hearing Board, and they do not want to go to the Zoning Hearing Board and want to know what their best option is from Council.

Council asked Mike Carr to sit down with the Borough officials and develop exactly what they are trying to do so everyone understands. Right now Council will oppose this plan because there is no understanding of what the applicant is seeking, and there is nothing to consider.

Geri Delevich asked Carl Asplundh to comment.

Carl Asplundh commented that the existing patio did get approval and it does look more massive and it is higher than everyone thought it would be, and he would be the first one to admit it. He claimed he has been before various boards to try and correct this and was told that there should not be any tent flaps out in the front and that it has to be completely redone, and he agreed that he would do that.

Council concluded that it will not overrule the Zoning Officer and also that it needs to understand exactly what the applicant is presenting as far as what the uses are, areas, etc. There is no clear understanding of what the presentation is tonight.

Richard Hirschfield thanked the applicant and his attorney for their attendance this evening.

Richard Hirschfield made a recommendation for the Borough Solicitor to oppose the application going before the Zoning Hearing Board by Richard and Leslie Herson of 1 South Main Street, Docket 287, which is an application to turn one apartment on the second floor into three apartments.

Sharyn Keiser motioned to authorize the Borough Solicitor to oppose the Herson application and Ed Duffy seconded. The motion passed unanimously.

RECREATION BOARD

Sharyn Keiser announced that the recent golf outing held by the Recreation Board was very successful and very enjoyable.

Sharyn Keiser motioned to adopt Resolution No. 2005-10R, establishing a New Hope Borough Revitalization Committee. This Resolution makes the Committee an official advisory board and the members of the committee will serve for three years. The structure of the board will be: two Council members, a resident of New Hope Borough, and one individual from each of the following agencies and organizations: New Hope Borough Planning Commission, New Hope Borough Recreation Board, New Hope Borough Shade Tree Commission, Historic and Architectural Review Board, Partners in Progress, New Hope Arts, New Hope Historical Society, Friends of the Delaware Canal, New Hope Independent Merchants, and New Hope Chamber of Commerce. Also, Elissa Marsden from the Delaware and Leigh National Heritage Corridor Commission will be a non-voting member. Council will have the option to appoint a resident of New Hope Borough to any vacancy on the Committee in the event that there is no one available for appointment to the Committee from a designated agency or organization.

Rey Velasco seconded and the motion passed unanimously.

Sharyn Keiser motioned to authorize payment of $476.92 to C.A. Vybiral, landscape gardener, for the application of mulch at the Visitor’s Center and the parking lot at North Main and West Parry Streets and Rey Velasco seconded. The motion passed unanimously.

Sharyn Keiser motioned to authorize the planting of a hedge in the pocket garden at North Main Street and Parry Streets at $855.00; the planting of 3 shrubs at Ferry Landing at $230.00; the planting of 3 shrubs at the Visitor’s Center at $230.00; and the purchase of 2 traditional Tutto metal design bike stands for the Visitor’s Center at $600.00, as recommended by the Recreation Board. Rey Velasco seconded. The motion passed unanimously.

COMMUNITY AFFAIRS

Geri Delevich announced that she wanted to recognize the sudden passing of Warren Troust who was a very kind man and was the current President of the Library and Paul Licitra’s partner for many years.

Geri Delevich announced the Visitor’s Center Report for April 2005 as follows.

Visitors 2,245
Sales $65.00
Donations $457.00

Geri Delevich announced the event, “Somewhere over the Rainbow,” the weekend of May 13th through May 15th and she mentioned she had tickets available offering many wonderful events to attend.

Geri Delevich motioned to approve the placement of a banner/sign at Parry Mansion promoting the New Hope Historical Society’s 14th Annual Town and Country Garden Tour and to waive all permit fees in connection with this event. Rey Velasco seconded, and the motion passed unanimously.

Geri Delevich motioned to approve a request by the New Hope Historical Society to designate May 22, 2005 as New Hope History Day and to waive all permit fees in connection therewith. Rey Velasco seconded, and the motion passed unanimously.

Rey Velasco thanked PIP (Partners in Progress) for a great canal clean up day.

Rey Velasco announced the PIP dinner/show on June 16, 2005. “Mame” is the show at the Bucks County Playhouse, and the dinner will be at the Logan.

Rey Velasco announced that the Sculpture Show was very successful with 260 guests attending.

PUBLIC WORKS

Jake Fell motioned to authorize the preparation of bid specifications and the solicitation of bids for the West Mechanic Street Resurfacing Project. Geri Delevich seconded, and the motion passed unanimously.

POLICE

Richard Hirschfield motioned to approve an agreement with the New Hope PBA in settlement of a contract grievance. This goes back roughly 10 years or more involving an officer named Gregitis who won an arbitration award against the Borough involving sick leave. The PBA has agreed that if we reimburse Gregitis $2,750.00 for his legal bills and increase the cap on accumulated sick days for all officers from 224 to 232, they will settle.

Sharyn Keiser seconded.

Richard Hirschfield asked Chief Pasqualini if he supports this agreement.

Chief Pasqualini answered yes.

The motion passed by the following vote (5-0-1)

Sharyn Keiser motioned to hire Jeanne Klein, who successfully completed her probationary period, as a full-time regular employee in the Police Department, effective April 23, 2005, at the rate of $16.00 per hour for the Secretary position and subject to the terms, provisions, rules, regulations and procedures set forth in the New Hope Borough Employee Handbook. Ed Duffy seconded.

Richard Hirschfield commented that Jeanne Klein has been working out very well and everyone is happy with her.

The motion passed unanimously.

OLD BUSINESS

None

NEW BUSINESS

Steven Coppens commented that valet parking is causing a severe traffic problem in the Borough. He also asked the Police Department to enforce the traffic signal at Main and Bridge streets and asked the Public Works Department to paint the traffic lines at this location..

Richard Hirschfield asked the Chief to address the enforcement issues and stated that the lines will be repainted after completion of the construction projects by the County Authority.

Chief Pasqualini answered that he has put Marsh Brown’s on notice about the valet parking issue.

PUBLIC COMMENT

None

Rey Velasco commented that he has heard negative comments from different tourists about the hours of operation of the parking meters.

Sharyn Keiser commented that Frank Deluca did an exceptional job controlling the motor cycles this weekend.

ADJOURNMENT

11:00 P.M