Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
May 10. 2006

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Claire Shaw, Rey Velasco, Randy Flager, Mayor Larry Keller, Borough Manager John Burke, Borough Solicitor T.J. Walsh, and Chief Pasqualini.

ABSENT: Geri Delevich

APPROVAL OF THE MINUTES

Richard Hirschfield asked for approval of the minutes of the April 11, 2006 public meeting. Randy Flager moved to approve the minutes and Claire Shaw seconded. The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller asked State Representative Bernie O’Neill and former Councillor Jake Fell to please come forward.

Representative O’Neill presented Jake Fell with a Proclamation issued by the Pennsylvania General Assembly honoring his many years of dedicated service as a member of Borough Council and thanked Council for inviting him to the meeting tonight.

Jake Fell accepted the Proclamation and thanked Representative Bernie O’Neill and Council.

Mayor Keller asked Steven Gruber to come forward.

Representative Bernie O’Neill commented that he has known Steven Gruber since he was a small child and recommends him highly for the position of Police Officer in New Hope.

Mayor Keller asked Council for authorization to hire Steven Gruber as a full time officer subject to a probationary period of one year, pursuant to the Pennsylvania Police Tenure Act.

Richard Hirschfield added that Steve Gruber was number one currently on the civil service list.

Randy Flager moved to hire Steve Gruber and Sharyn Keiser seconded. The motion passed unanimously.

Mayor Keller administered the oath of office to full-time officer Steven Gruber and noted that Officer Gruber is replacing Keith Golder. See attached.

Richard Hirschfield announced that the position for part-time Police Officer Peters was approved at the March Council meeting.

Mayor Keller administered the oath of office to part-time officer Michael W. Peters.

Mayor Keller announced that the closing of a portion of South Main Street for a Fashion Show on May 20 has been approved by PennDOT.

Mayor Keller announced that he has found some old pictures of the Borough taken between 1885-1910, and these will be available to view after the meeting.

COUNCIL PRESIDENT’S REPORT

Richard Hirschfield announced that there was an Executive Session at Borough Hall to discuss several matters of litigation.

Richard Hirschfield announced and introduced the Borough’s newly appointed Solicitor, Thomas J. Walsh III, who is with Terry Clemens and Associates of Doylestown.

Richard Hirschfield announced the next regular Borough Council meeting will be on Wednesday, June 21, 2006 starting at 7:30 P.M. at the school cafeteria, located at 180 West Bridge Street.

Richard Hirschfield asked Tom Rice to come forward to announce the Chamber of Commerce raffle.

Tom Rice stated the raffle is for a Harley Davidson and a Mini Cooper and the tickets are $100.00 each. The drawing will be held Memorial Day, May 29th, 2006 on South Main Street in front of Fran’s Pub. Tickets may be purchased by calling 215-862-9992 or by visiting the Chamber web site at www.newhopechamber.com. The proceeds from this raffle will benefit the business district.

Richard Hirschfield asked for consideration of a request by the New Hope Historical Society designating Saturday, May 13, 2006 as New Hope History Day.

Sharyn Keiser moved to designate Saturday, May 13, 2006 as New Hope History Day and Randy Flager seconded. The motion passed unanimously.

BOROUGH MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for May 10, 2006 in the amount of $109,859.12; of payroll for April 12, 2006 in the amount of $46,277.65, and of payroll for April 26, 2006 in the amount of $46,211.24. Sharyn Keiser moved to approve the payables and Randy Flager seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-17R, authorizing the Chief of Police to execute certain PennDOT documents, forms, and applications on behalf of the Borough. Ed Duffy moved to adopt Resolution 2006-17R and Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration of approving a lease agreement with the New Hope Eagle Fire Company for the use of a portion of the parking lot at the American Legion Post 79 facility as a municipal parking lot. The agreement involves 30 spaces at the southernmost end of the parking lot. The parking lot now is leased on a yearly basis by the New Hope Eagle Fire Company, which only operates the parking lot starting on Friday at 5 P.M. through Sunday night. The Borough parking would start on Monday morning at midnight through Friday until 5 P.M. each week. The terms are the Borough will pay 80% of the parking receipts from parking permits to the Fire Company and the Borough will retain 20% to cover its costs.

Richard Hirschfield commented that the Borough has been working on this for at least two or three years and the reasons the Borough wanted to do this is because it would give the Fire Company additional income, and secondly it would provide spaces in town that would be available to anyone on a first come, first served basis during the week. The Borough hopes that the business community takes advantage of this for employee parking to free up spaces along the street. The next item on the agenda is to establish the fees.

Sharyn Keiser moved to approve the lease agreement. Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution 2006-19R, establishing a parking permit fee for the thirty spaces the Borough is leasing at the American Legion parking lot. There are two fees: one is $300.00 from the period of May 1st through October 31st each year, and the second is $200.00 for the period of November 1st through April 30th each year.

Richard Hirschfield commented that this is a test to determine whether this is the right amount. It is basically 1/3rd the cost of what would be needed to park at a meter during an 8-hour day. It is ½ of the cost of what you would pay at the other Borough parking lots in town like the Visitors’ Center or the Verizon lot. Mr. Hirschfield asked for a motion.

Sharyn Keiser moved to adopt Resolution 2006-19R establishing permit parking fees for the American Legion Parking lot and Rey Velasco seconded.

Gregg Connocchioli commented, but did not use the microphone, so the statement was not recorded.

Richard Gacek asked a question, but did not use the microphone, so the question was not recorded.

The motion passed unanimously.

John Burke asked for consideration of authorizing the adoption of Resolution 2006-18R, appointing the Treasurer as the Chief Administrative Officer for pension plan purposes. The Borough was advised by the Pension Plan Actuary, Thomas J Anderson Associates, Inc., that the Auditor General wants all municipalities to designate by resolution the Chief Administrative Officer for the purpose of administering pension plans. The Borough has established a police pension plan and a pension plan to cover all other employees. This resolution designates the Treasurer as the Chief Administrative Officer for both pension plans

Richard Hirschfield asked for a motion to adopt Resolution 2006-18R.

Claire Shaw moved to adopt Resolution 2006-18R, appointing the Treasurer as the Chief Administrative Officer for pension plan purposes and Rey Velasco seconded. The motion passed unanimously.

HARB MATTERS

Ed Duffy moved to approve a Certificate of Appropriateness for 86 West Ferry Street by Thom Smith and Dan Rentillo, for a roof installation. Randy Flager seconded and the motion passed unanimously.

Rey Velasco asked Council to authorize the selection of a qualified structural engineer, as recommended by HARB, to evaluate the structural integrity and the potential for adaptive reuse, in accordance with the HARB Guidelines, of the 8 East Mechanic Street residential structure.

Richard Hirschfield commented that HARB and Council must approve any proposed demolition in the historic district. The residential building at 8 East Mechanic Street is the issue this evening. The applicant, George Michael, submitted letters from architects stating that the building is structurally unsound. However, HARB is not satisfied with that assessment and has recommended that Borough Council hire a structural engineer to determine if the building is safe for occupancy, and if it is not safe for occupancy, to determine if it is in a condition where it could be adaptively reused. The last thing we want to do is take the building down. The purpose is to determine the soundness of the structure and whether it can be repaired and brought back to useful and safe operation. Mr. Hirschfield added that it may take a few months for the review to be completed, at which time the application will go back to HARB for review and recommendation.

Richard Hirschfield asked for a motion to authorize the Manager to hire a qualified structural engineer to evaluate the structural integrity and the potential for adaptive reuse, in accordance with the HARB Guidelines, of 8 East Mechanic Street.

Sharyn Keiser moved to authorize the Manager to hire a structural engineer to prepare a study of the structure located at 8 West Mechanic Street and Rey Velasco seconded.

Edwin Hild, 92 Towpath commented that he was very pleased that the Borough is going to this extent to study the structural integrity of this historic building from the 18th Century to see if it is, in fact, salvageable. Mr. Hild feels that New Hope is very special because it still has these 18th Century properties, as well as the 19th Century properties. There are very few of these 18th Century properties left in town, and, possibly, this could be one of our earliest properties. Mr. Hild also mentioned everything should be done to try and save this property and to proceed with caution.

Council agreed with Mr. Hild and also mentioned that the HARB Guidelines are very clear on what can and can’t be done. The Borough needs evidence to be on sound ground and to avoid a successful appeal that would be contrary to the Borough’s interests. .

The motion passed unanimously.

PLANNING AND ZONING MATTERS

Richard Hirschfield asked that the Counsel representing Villa Vito come forward.

Mr. Martin King Esq. identified himself as Villa Vito Counsel.

Richard Hirschfield asked Mr. King if he was willing to settle the Zoning Hearing Board appeal to Common Pleas Court as part of the Conditional Use.

Mr. King answered yes.

At this time a public hearing for a conditional use application was convened. The application was submitted by Theresa Favoroso to request an expansion of a restaurant use at Tax Map Parcel No. 27-10-31, located at 28 West Bridge Street in the CC Zoning District. A complete copy of the transcript of this hearing is attached to these minutes.

The hearing closed and the regular meeting of Borough Council resumed.

Richard Hirschfield announced the presentation and discussion of a revised preliminary plan of land development, submitted by Mark Gacek, for Tax Parcel No. 27-6-71, located at 93 North Main Street in the RB zoning district. (Review period expires: September 17, 2006.) Mr. Hirschfield asked Mr. Gacek to come forward and asked him to identify himself.

Richard Gacek stated that he resided at 186 South Main Street.

Richard Hirschfield asked Mr. Gacek if he was here in reference to an application originally received on September 6, 2004, with many subsequent extensions, submitted by Mark Gacek with plans prepared by Hibbling Engineering Company, consisting of 5 sheets, dated July 15, 2004, in support of that application. The first question is are you prepared to withdraw that application at this time.

Richard Gacek answered that this application has been resubmitted.

Richard Hirschfield clarified for Mr. Gacek that he needs to withdraw the previous plan and submit the amended plan.

John Burke commented that this way there would be no additional filing fees.

Richard Hirschfield asked Mr. Gacek if he was withdrawing the 2004 plan and application that was referenced.

Richard Gacek answered yes. The current plan reflects the proposed revisions that he brought before the Planning Commission in December, which was a sketch plan showing a new configuration.

John Burke asked if Mr. Gacek’s engineer explained to him that tonight there would be no decision by Council and that this would simply be an informal review.

Mr. Gacek answered yes.

Richard Hirschfield asked Mr. Gacek to proceed.

Richard Gacek commented that the current plan complies with all existing zoning and building requirements without any variances and reflects comments from the Borough Engineer from September 2005. It was a three- unit plan, and now it is down to two units. Instead of a condo application, it is a subdivision application. He is trying to do two single family residences.

Richard Hirschfield asked if Mr. Gacek has been to the Planning Commission with this revised plan.
-
Mr. Gacek answered yes, with the December 2005 sketch plan.

Richard Hirschfield asked if there were any questions for Mr. Gacek.

REVITALIZATION COMMITTEE

Sharyn Keiser moved to authorize Borough Staff to obtain the consent of the New Hope Solebury School District for placement of picnic tables and benches on District property at Hardy Bush Way and the Route 202 Spur and to authorize the purchase of two picnic tables at a cost of $675.00 each, plus shipping costs. Randy Flager seconded. The motion passed unanimously.

Sharyn Keiser moved to approve a contribution of $295.00 in support of the Solebury Baseball and Softball League.

Sharyn Keiser commented that New Hope does not have any baseball or softball teams. This contribution would make the Recreation Board a sponsor for a team. The back of the player’s shirts would advertise the Park and Recreation Board of New Hope.

Randy Flager seconded and the motion passed unanimously.

Sharyn Keiser announced that at last month’s meeting the Borough agreed to participate with Yardley, Morrisville and Bristol in a Landmark Towns Regional Steering Committee.

Sharyn Keiser moved for the following appointments of people to that Committee:

• Richard Hirschfield, President of Council
• Dee Dee Bowman, Chairperson of the Revitalization Committee
• Connie Gering, President of the New Hope Chamber of Commerce
• Chuck Tarr, representing HARB
• John Burke, Borough Manager

Rey Velasco seconded the motion.

Gregg Connocchioli expressed concerns with Ms. Gering’s appointment.

Richard Hirschfield stated that it is Council’s position that the Chamber of Commerce represents the business community, the Chamber nominated Connie and Council supports their choice.

The motion passed unanimously .

Sharyn Keiser commented that the Park and Recreation Board has worked very hard to raise money to purchase a clock for the town and has set aside $13,500 to cover the cost of the clock, plus $2,000 to install it.

Sharyn Keiser moved to authorize the solicitation of bids for purchase and installation of a street clock and Randy Flager seconded. The motion passed unanimously.

A member of Council commented that the clock is very attractive.

Roy Ziegler mentioned that 10 years ago Jake Fell proposed a clock similar to the one tonight and at that time nothing was done. Mr. Ziegler thought it was appropriate that Jake Fell was present tonight. Mr. Ziegler also mentioned that Jake’s research materials, presented a decade ago, were used in the current proposal.

The motion passed unanimously.

COMMUNITY AFFAIRS

Rey Velasco announced the summary for the New Hope Visitors’ Center for the month of April as follows:

Visitor’s 2,973
Calls 384
Brochures 15
Sales $79.65
Donations $504.43

Rey Velasco thanked the New Hope Art Show for a successful show.

Rey Velasco announced Rainbow Weekend coming up and that there are tickets still available at $15.00 each to attend the New Hope Idol show.

Sharyn Keiser announced the annual golf outing on Monday, May 15, 2006 and encouraged the audience to participate, or for $50.00, you could just attend the dinner. All profits are used to fund the Park & Recreation Board’s annual capital budget. Please see Earl or June Bierman for more information. Pamphlets are available tonight.

Sharyn Keiser announced that Beth Greenfield, who writes for Time Out, has covered the Rainbow Weekend.

OLD BUSINESS

None

NEW BUSINESS

Richard Hirschfield asked for consideration of adopting Resolution 2006-20R, authorizing the submission of a grant application to PaDCED to fund improvements at the West Ferry Street Park. The grant is for $243,000 and would pay for the proposed park improvements, if awarded to the Borough.

Randy Flager moved to approve the grant submission and Rey Velasco seconded.

The motion passed unanimously.

Richard Hirschfield announced that the following matters were discussed in Executive Session tonight and based on that discussion, it was agreed to consider them on the agenda tonight.

Richard Hirschfield stated that both items are resolutions that would, if adopted, settle litigation involving the Borough and Tom and Leslie Smith concerning the right-of-way of a portion of Delaware Street. The first resolution, Resolution 2006-21R, settles the litigation between the Borough and Leslie T. Smith. The second resolution, Resolution 2006-22R, settles the litigation between the Borough and Thomas N. Smith. These agreements authorize settlement of litigation at the Bucks County Court of Common Pleas with reference to a paper street named Delaware Street, which runs through the properties owned by the Smiths, but which was never dedicated, never built, and is just a paper street along the river. The Smiths want to clear their titles, and the Borough has agreed to remove any claim and to vacate a portion of this paper street.

Richard Hirschfield asked for a motion to adopt Resolution 2006-21R between the Borough and Leslie T. Smith and Resolution 2006-22R between the Borough and Thomas N. Smith. Sharyn Keiser moved to adopt the resolutions and Randy Flager seconded. The motion passed unanimously.

PUBLIC PARTICIPATION

Greg Connocchioli expressed disagreement with a member of Council in reference to the Greater New Hope Chamber of Commerce.

ADJOURNMENT