Meeting Minutes

NEW HOPE BOROUGH COUNCIL
180 West Bridge Street
Regular Meeting
May 9, 2007
MINUTES

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

ABSENT: Sharyn Keiser.

MAYOR’S REPORT

Mayor Keller stated that Theresa Parla, who resides at 265 West Mechanic Street, recently asked the Borough to install a speed bump to slow down the speed of vehicles at this location. After the Chief recommended against this course of action due to the steep grade at this location, we asked the Borough’s traffic engineer to devise a recommendation. After inspecting the site, the traffic engineer, Eric Kaufman, recommended that a stop sign be placed at the end of the curve in the roadway, that a 4 inch white line be painted to delineate on-street parking versus the shoulder area, that proper railroad warning signs be installed, and that speed advisory signs be installed in advance of the curve of the roadway.

Mayor Keller asked Council, if it approved of the engineer’s recommendations, to authorize the Manager to prepare the necessary ordinance for approval at the June Council meeting.

Richard Hirschfield asked for a motion to direct the Manager to prepare the necessary ordinance for a public hearing at Council’s June meeting.

Randall Flager moved to direct the Manager to prepare the necessary ordinance for a public hearing at Council’s June meeting. Rey Velasco seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion was approved by a unanimous vote.

Mayor Keller asked Council to consider the purchase of a 2007 Ford Explorer for the Police Department pursuant to state contract no. CN00023114 (2306-01). Mayor Keller stated that this vehicle is included in the 2007 budget.

Geri Delevich asked the Mayor and Chief of Police to prepare a long-range vehicle replacement plan for Council.

Chief Pasqualini stated that 9 vehicles are currently assigned to patrol and 1 to parking enforcement. If the 4 officers who are eligible to retire in the next five years do, in fact, retire, then the requirement of the department would drop to 5 patrol cars and 1 parking vehicle. The current need for 9 patrol vehicles is caused by a collective bargaining agreement dating to the last decade that allows officers hired before the current contract to use their vehicles for traveling to and from work. The number of vehicles in the fleet will be reduced either by future collective bargaining or by retirement of the officers covered by the take home agreement.

Chief Pasqualini stated the vehicle to be replaced is a 1998 Ford with 77,524 miles. An expenditure of about $4,000 would be required to keep this vehicle roadworthy.

The Chief stated that he had given consideration to purchasing a Ford Escape hybrid, but found that Ford does not recommend the use of the hybrid for police work.

Richard Hirschfield stated that the new vehicle would replace the last remaining police car from the 1990s and that the state contract for ordering the new vehicle ends May 10th. Mr. Hirschfield stated that the Mayor and the Chief would prepare a detailed vehicle replacement plan for Council in the near future.

Richard Hirschfield stated that $27,000 in the 2007 budget covers this expense. The current fleet average is five years, with about 45,000 miles per vehicle.

Randall Flager moved to authorize the purchase of a 2007 Ford Explorer for the Police Department, and Claire Shaw seconded.

Richard Hirschfield asked for comment by Council and the public.

Joe Balderston asked what preventative maintenance is done on these vehicles.

Chief Pasqualini answered that Public Works does weekly maintenance on the vehicles and Luke Oil does the rest. The problem is the vehicle carries a lot of weight and has about 80,000 miles on it, mostly at slow speeds.

The motion was approved unanimously.

Mayor Keller asked for consideration by Council to hire Joseph Doherty as a part-time Parking Enforcement Officer at the rate of $14.00 per hour, subject to the rules and regulations stated in the Employee Handbook.

Claire Shaw moved to hire Mr. Doherty and Geri Delevich seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

Ed Duffy introduced Mr. Robert Milligan to present information on RecycleBank.

Mr. Milligan stated that RecycleBank provides incentives, in cooperation with local businesses, to encourage consumers to recycle. The consumer’s RecycleBank recycling container has a barcode that is recorded by the recycling truck. The amount a home recycles is translated into RecycleBank Dollars that consumers can spend at participating stores.

Richard Hirschfield commented that Borough residents contract individually with haulers, but the RecycleBank plan sounds like an interesting program and the Borough would supply Mr. Milligan with a letter of support for local trash haulers encouraging them to offer this program to Borough residents.

Geri Delevich thanked Mr. Duffy for bringing this program to Council’s attention.

COUNCIL PRESIDENT’S REPORT

Richard Hirschfield announced that there was no Executive Session before the meeting. He also announced that the BCWSA has completed work on the public water supply system and that all property owners may now connect to the system and all fire hydrants throughout the Borough are operating as of May 8th.

Richard Hirschfield opened a public hearing for Council to consider adoption of Ordinance No. 2007-04, amending the earned income tax ordinance. Mr. Hirschfield stated that the amendment would exempt anyone earning $5,000 or less annually from payment of the tax, and the exemption would bring New Hope’s ordinance into line with the school district and Solebury.

Randy Flager moved to adopt Ordinance 2007-04, and Geri Delevich seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

Richard Hirschfield opened a public hearing to consider adoption of Ordinance No. 2007-05, prohibiting smoking in certain public places.

T.J. Walsh explained that this ordinance, known as the “Smoking in Public Places” ordinance, bans smoking in all enclosed areas of any drinking, food or beverage establishment and in Borough-owned or leased facilities. The ordinance also prohibits smoking within 20 feet of the entrance to any enclosed area where smoking is banned. The ordinance allows two exceptions to the restrictions. One exception is for sidewalk cafés and outdoor service areas in connection with a drinking establishment or food or beverage establishment, even if such areas are within 20 feet of the entrance to the drinking establishment or food/beverage establishment. The other is for a “private club,” which is defined in the ordinance.

Mr. Hirschfield asked Council for a motion and a second to adopt the ordinance.

Rey Velasco moved to adopt Ordinance No. 2007-05, and Claire Shaw seconded.

Richard Hirschfield asked for comment by Council and the public.

Joanne Bitzer, Waterloo St., stated that she likes people to smoke in bars and not on sidewalk areas.

Frank DeLuca stated that he dreads going into bars because of the smoke.

Eric Chung stated that he is the Senior Staff Attorney for the Clean Air Council and that he supports adoption of the ordinance.

Thurman Burlinger stated that he is the Tobacco Program Director of the Clean Air Council and that he supports adoption of the ordinance.

Jorge Luis Armenteros, A Little Taste of Cuba, opposed the ordinance, stating that he supports the rights of business owners and customers.

Bob Gerenser, 22 N. Main Street, stated that he does not smoke, but that the scientific evidence relating to the ill effects of second hand smoke has not been proved and that food service workers have choices on where to work. Mr. Gerenser stated that this is a personal right and fair market issue and that the Borough should provide an option to allow smoke ventilation systems. Mr. Gerenser urged Council to table the ordinance until state law is clarified.

Rey Velasco disputed Mr. Gerenser’s statement about second hand smoke. He stated that in his pediatric practice they track children with bronchitis and pneumonia and there is a direct correlation of such infections to households with resident smokers and that he fully supports the ordinance.

Steve Coppens, W. Bridge Street, urged Council to adopt the ordinance.

Randall Flager stated that his daughter has worked in bars, that she is a non-smoker, and that she had no choice. Mr. Flager stated that the ordinance should go further and ban smoking in all areas of restaurants and small businesses in the Borough. Mr. Flager stated that the restaurant business has actually increased in New Jersey since that state’s smoking ban went into effect. Mr. Flager stated that there is no constitutional right to smoke in restaurants.

Geri Delevich stated that this ordinance would help business in New Hope. Ms. Delevich commended 90 Main for going smoke-free recently.

Richard Hirschfield stated that no bar or restaurant owner has objected to the proposed ordinance in the 6 month period since he sent them a letter in the fall of 2006 stating that Council would prepare a smoking ban for adoption in early 2007.

John Richardson, A Little Taste of Cuba, stated that legislating how owners run their businesses is a tricky business and that this is an attempt to legislate personal freedoms.

Geri Delevich stated that the Patriot Act certainly inhibits personal freedoms in a more significant manner than this ordinance.

Richard Hirschfield thanked all who offered their comments this evening and asked Council to vote by roll call.

The ordinance was adopted unanimously.

Richard Hirschfield asked if anyone on Council would like to remove anything from the Consent Agenda, items 4 A through F on the agenda, as follows.

A. Consideration of approving payment of accounts payable for May 9, 2007, in the amount of $101,059.53; of payroll for April 11, 2007 in the amount of $50,323.99; and of payroll for April 25, 2007 in the amount of $52,475.50.
B. Consideration of approving the minutes of the March 14, 2007 public meeting of Borough Council.
C. Consideration of a request by the New Hope Historical Society to waive certain construction permit fees.
D. Consideration of approving a Bridge Lighting Agreement with the Pennsylvania Department of Transportation for the Bridge Street Bridge Replacement Project.
E. Consideration of appointing Joan Saltrelli to the Park & Recreation Board for a term to expire December 31, 2007.
F. Consideration of issuing a Certificate of Appropriateness, as recommended by the Historic Architectural Review Board, for:
(1) 52 Old York Rd., submitted by Malou Walther, for construction of an addition;
(2) 31 A West Mechanic Street, by Brad Michael, for sign hardware;
(3) 68 West Mechanic Street, by Art Mazzei & George Keubrich, for exterior painting;
(4) 126 South Main Street, by Exquisite Earth, for installation of an awning; and
(5) 5-7 West Mechanic Street, by Zoubi Restaurant, for exterior painting.

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

Richard Hirschfield asked for comment by Council and the public.

Joe Balderston asked when the Bridge Replacement Project on West Bridge Street project would begin.

John Burke answered that it is a PennDOT Project and the latest information is that the project would start later this year or early next year. The plan is to do the construction over the winter months, with traffic running one-way on West Bridge Street.

The motion passed unanimously.

MANAGER’S REPORT

John Burke asked Tom Carroll, Director of the Public Works Department, to present the recommendation for purchase of a new street sweeper.

Tom Carroll commented that Public Works has two old sweepers that are not in operation now. Both sweepers were purchased used.

John Burke commented that one sweeper is a 1982 model and has 32,637 miles on it and 9,248 hours of service and was purchased used in 1982. The other one was purchased around 2002 for a couple of thousands dollars from Lambertville and is a 1991 model with 13,971 miles on it and 3,800 hours of service. What is proposed is a Schwarze Industry Street Sweeper Model A4000, pursuant to Pennsylvania Department of General Services Contract No. CN00015293 (#2420-02). The total cost of the unit is $98,155 delivered.

Tom Carroll commented that the sweeper features an environmentally friendly regenerative air system, containing few movable parts. It comes with a good warranty. What we spend now for contracted sweeping services will be repaid in 3 years. The contract rate is $85.00 an hour, for 8 hours a week, 40 weeks a year, adding up to 320 hours a year.

Gregg Conocchioli asked what is the average life expectancy on the sweeper?

Tom Carroll answered at least 20 years.

Richard Hirschfield stated the Borough would pay $41,837 from this year’s budget and loan the rest of the money to the Public Works Department. The Borough will be reimbursed for the balance over a period of eight years by state liquid fuels funds.

Randy Flager moved to approve the purchase of the sweeper, and Rey Velasco seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

Claire Shaw suggested that the hours of sweeping be posted so that vehicles are removed from the roads to increase the productivity of the sweeper program.

Richard Hirschfield agreed and asked that the Manager post the sweeper hours.

John Burke asked for consideration of a request by 28 Mechanic Street Investors, LLC, to amend a condition of plan approval for the Canal Street Development. George Michael has agreed to pay a capital contribution of $10,000 per unit for 20 units, totaling $200,000. He agreed to pay the full amount of each unit’s contribution at the time of issuance of the building permit fir that unit. Paul Michael requested a change this arrangement to pay $5,000 at the issuance of the building permit and $5,000 upon issuance by the Borough of the Certificate of Occupancy.

Richard Hirschfield asked if Mr. Michael is willing to set a deadline so the payment would not be dragged out indefinitely.

Paul Michael stated that the end of 2008 would be an agreeable date.

Gregg Conocchioli asked about the status of Lenape Park since it was discussed that the contribution from George Michael would be used for that purpose.

Richard Hirschfield commented that the question could be answered later on in the meeting during public comment.

Claire Shaw asked what the money would be used for.

Richard Hirschfield answered that it was given without restrictions on its use, but the Borough is planning to use some of the funds to pay a portion of the Lenape Park improvement expense.

Richard Hirschfield asked for a motion to allow a change in payment to $5,000 at the issuance of a building permit and $5,000 upon issuance of a Certificate of Occupancy and to require payment of the full contribution of $200,000 by no later than December 31, 2008.

Geri Delevich made the motion.

Richard Hirschfield asked for a second. There was none and so the motion was not considered.

John Burke introduced the proposed code of ordinances through the end of 2006, known as the Code of the Borough of New Hope, to the auidence and added that a copy is available at Borough Hall for review. Mr. Burke also stated that Council would conduct a public hearing to consider adoption of the Code at its June 13th public meeting. Once adopted, the complete code will be available on the Borough’s web site.

LAND USE AND HISTORIC PRESERVATION REPORT

Richard Hirschfield announced that the conditional use hearing on the application by Joni and Carl Glassman for T.M.P. No. 27-010-026, to allow a restaurant use at 1 North Main Street in the CC zoning district, would be continued to Council’s public meeting of June 13, 2007 at the request of the applicant.

Ed Duffy introduced applicant Walter Hazzard for a discussion about Zoning Hearing Board Appeal No. 308, for T.M.P. No. 27-10-20 located at 35 North Main Street in the Central Commercial zoning district.

Dean Butler from Focus Architecture explained the project. They propose to add an additional floor to the existing gallery and maintain the gallery in full operation while construction takes place. The addition would be constructed towards the back of the existing facility. A stair tower will be added in the back, which is roughly 10 x 20 feet and give reasonable access to the second floor, which would be mainly used for storage. There is adequate parking in the back of the property, and the gallery would remain the same size. There will be a dormer on the addition on either side.

Richard Hirschfield stated that Zoning Hearing Board cases come before Council for discussion to allow Council the options of opposing, supporting or taking no position. Mr. Hirschfield asked for the consensus of Council on this application.

Ed Duffy moved to have the Borough write a letter in support of this project, and Rey Velasco seconded. The motion passed unanimously.

Ed Duffy asked if the Staats were present to discuss Zoning Hearing Board Appeal No. 310, by James and Nadine Staats of 155 West Bridge Street.

Nadine Staats stated that they would be going to the Zoning Hearing Board to ask for approval of an apartment use at their residence.

Claire Shaw commented that she has a problem with this application because the apartment already exists and feels that this is becoming common and that work is being done without prior approval.

Ms Shaw moved to oppose this application at the Zoning Hearing Board.

John Burke stated that this was originally an addition of a bedroom for a family member. The Zoning Officer later discovered that the bedroom had been converted into an apartment.

Geri Delevich agreed with Claire Shaw.

Randy Flager stated that he was not in favor of this application, but that the Zoning Hearing Board could handle this on its own.

Richard Hirschfield asked for second to Ms. Shaw’s motion. There was no so the motion was not considered. Council neither opposed or supported the application.

T. J. Walsh commented to the applicant that they should be cautious about putting in a kitchen.

RECREATION BOARD & REVITALIZATION COMMITTEE REPORT

Richard Hirschfield left the room at this time.

John Burke asked for consideration of approving a one-year agreement with Ms. Susan Pierson to establish a Farmers’ Market. The agreement states that Susan Pierson is the manager of the Farmers’ Market and is an independent contractor receiving no salary from the Borough. The Farmers’ Market would be conducted at the southern parking lot owned by the American Legion, leased to the Eagle Fire Company, and subleased to New Hope Borough. This is for a once weekly Farmers’ Market, which will be held between the hours of 3 P.M. to 7 P.M. every Thursday, starting tomorrow and ending sometime in November.

Randy Flager moved to approve this agreement and Rey Velasco seconded the motion.

Mr. Burke asked for comment by Council and the public. There was none.

The motion passed by a 5-0 vote, with Mr. Hirschfield temporarily absent.

John Burke asked for consideration of approving an amendment to an agreement with the New Hope Fire Company to allow a Farmers’ Market at the American Legion’s south parking lot. This document simply amends the original agreement to allow this once weekly Farmers’ Market use.

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

Mr. Burke asked for comment by Council and the public.

The motion passed by a 5-0 vote, with Mr. Hirschfield temporarily absent.

John Burke asked for consideration of approving a temporary banner for the Farmers’ Market, which would be displayed the day of the market only.

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

Mr. Burke asked for comment by Council and the public.

Mr. Gerenser asked if the banner could be improved in appearance in the future.

The motion passed by a 5-0 vote, with Mr. Hirschfield temporarily absent.

Richard Hirschfield returned to the meeting and stated that he wanted the record to reflect that he would have supported the three Farmer’s Market motions had he been present.

Richard Hirschfield asked for consideration of approving a contribution by the Park and Recreation Board, not to exceed $400.00, to the Police Department for overtime expenses in connection with New Hope History Day, and Randy Flager seconded.

Mr. Hirschfield asked for comment by Council and the public.

Stephen Coppens asked whether Borough funds for would pay police coverage for this event.

John Burke answered that the Chamber and the Historical Society would be picking up $400.00 each, and the Recreation Board contribution would pick up the remaining $400.00.

The motion was approved by unanimous vote.

COMMUNITY AFFAIRS

Geri Delevich announced the Monthly Report for the New Hope Borough Visitors’ Center for April 2007.

Visitors 2,481
Calls 342
Brochures 17
Sales $283.05
Donations $380.37

Geri Delevich encouraged the audience to attend the Farmers’ Market.

Geri Delevich announced that F.A.C.T. Bingo was coming up.

Geri Delevich encouraged the public to attend History Day on June 2, 2007.

Geri Delevich announced that Rainbow Weekend is coming up and encouraged the audience to come and see the parade. The advertising for Rainbow Weekend is all over the United States. Ms. Delevich reminded the audience that she has brochures on Rainbow Weekend and anyone can get one from her after the meeting.

Geri Delevich announced that the Palm Beach Daily News recently featured an article on old time fun in New Hope.

Geri Delevich announced the Recreation Board golf outing and reminded people to sign up.

Richard Hirschfield wanted to remind the audience to vote on May 15, 2007.

NEW BUSINESS

None

PUBLIC PARTICIPATION

Roy Ziegler on behalf of the Historical Society thanked Council for waiving the construction permit fees for the roof replacement at the Parry Mansion and the barn.

Roy Ziegler reminded the audience about New Hope History Day on June 2, 2007.

Bill Kiefer requested more microphones.

Richard Hirschfield answered that two were recently repaired and another went down this evening.

Bill Kiefer commented that the Farmers’ Market is a great idea, and the local businesses and organizations should be there to support it.

Bill Kiefer commented that excessive motorcycle noise is beginning again and expressed worry about the Chamber planning a motorcycle weekend. Mr. Kiefer suggested that the Chamber should hand out information brochures each weekend to motorcyclists.

John Burke commented that there was a discussion at some recent merchant meeting but no action was taken.

Geri Delevich asked if vehicle noise violations are specifically mentioned in the police report.

Chief Pasqualini answered yes and that three weeks ago there were 14 vehicular noise citations issued. Solebury will have a roadblock in June.

Geri Delevich asked if she could see the numbers year to year.

Chief Pasqualini answered yes.

Ed Duffy asked if a warning card could be handed out to the motorcycle riders.

Chief Pasqualini feels that a ticket is a better outcome.

Ed Duffy felt that a warning could be a faster process.

ADJOURNMENT