Meeting Minutes

NEW HOPE BOROUGH COUNCIL
Regular Meeting
June 14, 2005
MINUTES

PRESENT: Richard Hirschfield, Ed Duffy, Geri Delevich, Randy Flager, Jake Fell, Rey Velasco, Mayor Larry Keller, Borough Manager John Burke, Borough Solicitor Colin Jenei, and Chief Pasqualini.

ABSENT: Sharyn Keiser

Richard Hirschfield announced that there was an Executive Session prior to the meeting tonight to discuss a real estate acquisition matter.

Richard Hirschfield asked for a motion to table item 5B, which is the public hearing on the New Hope Borough Storm Water Management Ordinance (#2005-6), to July 12, 2005.

Randy Flager motioned to table Ordinance #2005-6 to July 12, 2005 and Ed Duffy seconded. The motion passed unanimously.

Richard Hirschfield announced that item 6E has been postponed at the request of the applicant. This concerned a request by Ms. Marsha Brown to install chimes in the steeple at her restaurant on South Main Street.

Richard Hirschfield introduced Eagle Scout Evan Rees of Boy Scout Troup 34, who received a commendation plaque from Tom Carroll for the work that he and the troop performed at the cemetery on Windy Bush Road.

Evan Rees thanked Council and on behalf of Troup 34 requested the use of a location in the Borough to set up a funnel cake stand to raise money for the troop.

Richard Hirschfield answered that Council would consider this request.

Richard Hirschfield asked for consideration to approve the minutes of the May 10, 2005 public meeting of Borough Council.

Rey Velasco motioned to approve the minutes of May 10. 2005 and Ed Duffy seconded. The motion passed (5-0-1) by the following vote. Councilman Flager abstained because he was absent from the May 10th meeting.

MAYOR’S REPORT

Mayor Keller announced that a magazine called the Borough News presented statistics about borough police departments in the Commonwealth, and the Mayor concluded that the New Hope Police Department operates very efficiently.

Mayor Keller announced starting this Saturday, and running from June 18th to July 17th, the Phillips Mill Community Association is celebrating 75 years of art.

Richard Hirschfield introduced Alex Dyke of Gilmore and Associates to present a status report on the Phase II and Phase III BCWSA public water system projects.

Alex Dyke announced that the pipe work for Phase II is essentially complete, plus the extra section of pipe work, in preparation for Phase III, on Route 202 is complete and the area, restored. Paving restoration right now is under way and many of the Borough streets have been restored. In the next couple of weeks the contractor will be out on Sugan Road, West Mechanic Street, and West Bridge Street to the intersection of Ferry. There will be lateral work on Bridge Street and N. Main Street, and the following week paving restoration will take place on North Main and River Road followed by West Bridge Street east to the intersection of Ferry. The work on East Bridge will be done at night to not interfere with the traffic. There are some punch work items remaining to be done.

Randy Flager asked about the work planned for the railroad crossing on West Ferry Street. Alex Dyke replied that the contractor and railroad would install a rubberized crossing at this location within the next few weeks.

June Bierman commented that the water tank at New Hope Manor would be an eye sore and should be relocated.

Richard Hirschfield responded that the Borough waived the land development process and permit fees in 2001 for this project, that the BCWSA spent three years attempting to find a suitable location for the water tank on school district property, and that the project has been delayed for two years by the time spent locating the wells and the water tank. He stated that the plan was modified to address the residents concerns and was approved by the Zoning Hearing Board at a public meeting, and also added that no one from the Manor showed up to object the plan at the public hearing.

Bill Kiefer commented that a section of South Main Street from Waterworks to Windy Bush Road is uneven, causing a great deal of truck noise and disrupting the quality of life.

Richard Hirschfield answered the Borough would make sure the areas are addressed.

John Burke commented to Mr. Kiefer that the County Authority holds a maintenance bond from the Phase I contractor, which is good for a period of 18 months. This guarantees that any problems will be addressed.

Richard Hirschfield commented that no one is happy with the disruptions this project is causing but this is the single most important project that Council has done in this Borough and it is critical for the safety, health and welfare of this Borough He also noted that public water was used to fight the fire resulting from the gas line explosion on West Ferry Street.

Gregg of 34 West Ferry Street complained that the timing of the water project was having a negative impact on the businesses and felt that the arrangements the Borough made with the Bucks County Water and Sewer Authority were not sufficient for the residents and the businesses.

Alex Dyke answered that the contractor arranged his schedule in the best possible interests of the residents and the businesses.

Richard Hirschfield announced that New Hope Borough was awarded second place in the 2005 Borough News annual municipal website contest and thanked John Burke and Marilyn Bullock.

REVITALIZATION COMMITTEE

Richard Hirschfield introduced Mr. Robert Loughery of Keystone Heritage Group and Elissa G. Marsden of the Delaware and Leigh National Heritage Corridor Commission to present the Revitalization Committee’s accomplishments. (Please see attached presentation documents, pages 1-15.)

Council commended Rob Loughery, Elissa Marsden, Sharyn Keiser and the entire Revitalization Committee for the accomplishments, noting that all projects benefit the visitors, businesses, and residents of New Hope Borough.

Ed Duffy announced the structure of the new Revitalization Committee, consisting of three-year terms for thirteen voting members. There will be two Borough Council members, and one member from the following: a resident of New Hope, Planning Commission, Recreation Board, Shade Tree Commission, HARB Board, Partners in Progress, New Hope Arts, New Hope Historical Society, Friends of the Delaware Canal, plus the non-voting members, Elissa Marsden and Rob Loughery.

Richard Hirschfield recommended the appointment of the following people to the Revitalization Committee.
Sharyn Keiser, Ed Duffy and Earl Bierman for terms expiring January 1, 2008.
Charlie Huchet, Dee Dee Bowman, and Susan Taylor for terms expiring January 1, 2010.

Randy Flager motioned to approve the appointments and Rey Velasco seconded. The motion passed unanimously.

Richard Hirschfield asked for consideration of adopting Resolution # 2005-12R, authorizing the acquisition of 52 West Ferry Street, T.M.P. # 27-10-41 and -43. Randy Flager motioned to adopt Resolution # 2005-12R and Rey Velasco seconded.

Richard Hirschfield commented that the Council thought they would acquire some open space and turn it into a park for the residents and visitors. The park would only be open in the daytime and closed at night to avoid the park becoming a public nuisance. It is two parcels and ties together with the Canal Walk down to the Ferry Street Landing. The price is $260,000 and the property was appraised at $278,000. The owner has agreed to $260,000. The Borough has $705,000 in an open space fund that is dedicated for this purpose and there is also a $72,000 grant from the county, which would have been lost at the end of this year if the Borough did not spend it.

Gregg of 34 West Ferry stated that he objected to the purchase of this land because the park would not be open at times that he was available to use it.

The motion passed unanimously.

Randy Flager motioned to approve an Agreement of Sale for T.M.P. #’s 27-10-41 and -43 and Geri Delevich seconded. The motion passed unanimously.

Randy Flager motioned to adopt Resolution No. 2005-13R, authorizing an application to the County of Bucks for a Municipal Land Acquisition Grant under the Municipal Open Space Program and motioned to consider authorizing the Council President to execute the required Bucks County Open Space Declaration for T.M.P. # 27-10-41 and -43 and Rey Velasco seconded. The motion passed unanimously.

Randy Flager motioned to authorize the solicitation of proposals for design of a public park at 52 West Ferry Street and Jake Fell seconded. The motion passed unanimously.

Randy Flager motioned to authorize a survey to be done at 52 West Ferry Street and to legally combine the two lots into a single lot and Rey Velasco seconded. The motion passed unanimously.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for June 14, 2005 in the amount of $151,361.71; for payroll for May 11, 2005 in the amount of $46,973.21; and payroll for May 25, 2005 in the amount of $43,752.24 and payroll for June 8, 2005 in the amount of $50,463,40.

Randy Flager motioned to approve the accounts payable and payrolls and Rey Velasco seconded. The motion passed unanimously.

John Burke opened a public hearing for consideration of Ordinance # 2005-7, amending the eligibility requirements of the New Hope Borough Non-uniform Pension Plan. There is a proof of publication for the advertisement of this ordinance on June 2, 2005. The ordinance contains one amendment dealing with eligibility, which states any person who becomes an employee after the effective date of this ordinance shall become a member of the pension plan on the first day of the month after completion of three full months of service, which corresponds to the employee’s probationary period.

Randy Flager motioned for the adoption of Ordinance #2005-7 and Jake fell seconded. The motion passed unanimously.

John Burke opened a public hearing for Ordinance # 2005-08, reestablishing and restating the Police Pension Plan. There is a proof of publication for the advertisement of this ordinance on June 7, 2005 in the Intelligencer. This is a restatement of the Police Pension Plan and the ordinance implements the requirements from State Act 30 from 2002, which was an amendment to Act 600 that regulates police pension plans in the state of Pennsylvania. The ordinance provides for the following.
-Killed in service benefits
-Survivor benefits
-Survivor disability benefits
-Vesting and member contributions

The Borough’s pension plan actuary, Thomas Anderson and Associates, prepared the ordinance. This ordinance makes the police pension plan consistent with the current Act 30 provisions and also consistent with the collective bargaining agreement.

Ed Duffy motioned for the adoption of Ordinances #2005-7 and Geri Delevich seconded. The motion passed 5-0-1 by the following vote.

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

Rey Velasco motioned to approve 244 South Main Street for the renovation of building #2, not to include building #1 (barn.) Ed Duffy seconded and the motion passed unanimously.

Rey Velasco motioned to approve 15 East Bridge Street for the demolition and reconstruction to be attached to the rear of Phase I and which does not include the proposed Phase II. Ed Duffy seconded and the motion passed unanimously.

Rey Velasco motioned to approve 13A West Mechanic Street for a sign installation. Geri Delevich seconded and the motion passed unanimously.

Ed Duffy motioned to approve 7 West Bridge Street for a sign installation. Geri Delevich seconded and the motion passed unanimously.

Ed Duffy motioned to approve 42-46 West Ferry Street for exterior painting. Randy Flager seconded and the motion passed unanimously.

Ed Duffy motioned to approve 20 West Mechanic Street for a sign installation. Rey Velasco seconded and the motion passed unanimously.

Ed Duffy motioned to approve 57 North Main Street for the installation of a pent roof and windows. Randy Flager seconded and the motion passed unanimously.

Richard Hirschfield announced at this time (8:20 p.m.) the public meeting will be adjourned temporarily, and Council will continue a public hearing to consider a conditional use application submitted by Martine Landry for the premises known as 14 East Ferry, 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. This is a continuation from the public hearing held on May 10, 2005, in which the applicant is seeking 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 transcript of the Landry hearing of June 14, 2005 is attached hereto as part of minutes.

Richard Hirschfield announced at (8:42 pm) for the regular meeting of Council to resume.

Richard Hirschfield announced the next item on the agenda, item 6C, is consideration of approving a condominium declaration plan consisting of four existing residential units, submitted by James and Kathleen Lyons, for 130 North Main Street, T.M.P. No. 27-7-41 in the RB urban residential zoning district.

John Burke asked Council to consider as a condition of approval that the applicant come into compliance with the PA. Uniform Construction Code. There is a difference of opinion with the applicant’s architect and the Borough Code Enforcement Officer on the measures necessary to attain compliance, so he asked council to make the approval, if granted, contingent on the applicant agreeing to comply with the PA Uniform Construction Code prior to the signing of the record plan.

Martin King responded that there is such an agreement and the applicant agrees.

Randy Flager motioned to approve this request for Tax Parcel Number 27-7-41 in the RB Zoning District contingent on the applicant complying with the PA Uniform Construction Code and Rey Velasco seconded.

Richard Hirschfield asked the applicant Jim Lyons if he agrees with that motion.

Jim Lyons answered, yes.

The motion passed unanimously.

Richard Hirschfield announced a presentation by Martin King Esq. to discuss Zoning Hearing Board appeal no. 287, by Richard Herson, for a property located at 1 South Main Street in the Central Commercial (CC) zoning district.

Martin King Esq. commented that the building was built in the 1870’s and is located at the corner of Bridge and Main Street. The cost of this renovation will be over $400,000 dollars and the limitation on the apartments is a disincentive to preserve this property because it will be impossible to get a return on the investment. There would be more of a problem for the Borough if the second floor would be turned into retail.

At this time Leslie Herson presented a video showing how dilapidated the interior of the building is.

Geri Delevich asked would they consider having two apartments instead of three.

Richard Hirschfield commented that Council would withdraw their objection before the Zoning Hearing Board if there were two apartments instead of three.

Martin King replied that this would be agreeable.

Randy Flager motioned to withdraw the Council’s opposition, provided the applicant agrees to have two apartments instead of three. Council would support the applicant in seeking two apartments. Rey Velasco seconded. The motion passed unanimously.

RECREATION BOARD

Richard Hirschfield asked for consideration to adopt Resolution #2005-14R expanding the Recreation Board to seven members.

Rey Velasco motioned to expand the Recreation Board to seven members and Ed Duffy seconded. The motion passed 5-0-1 by the following vote.

Richard Hirschfield asked for consideration of approving the recommendation of the Recreation Board for authorization to purchase the following:
1) Seven teak benches at $5,595.06
2) Two bike racks at $668.00
3) Two picnic tables at $1,416.00
4) Trash can and two receptacles at $1,071.00
5) Plant materials for the Visitor’s Center at $1,281.00
6) Plant materials for Angel Park at $65.00
7) Plants materials and labor for East Randolph St. at $381.00
8) Seven plaques for park benches at $315.00

Richard Hirschfield commented that the funds for these purchases are strictly from donations to the Recreation Board.

Rey Velasco motioned to approve the purchases and Geri Delevich seconded. The motion passed unanimously.

Gregg of 34 West Ferry Street commented that he could help Earl Bierman, Chairman of the Recreation Board, locate Teak benches at wholesale.

COMMUNITY AFFAIRS

Geri Delevich announced the Visitor’s Center monthly report for the month of May:

Visitors 3,945
Sales $104.00
Donations $595.00

Geri Delevich announced on May 25, 2005, Betty Radelow and her husband Hans and herself spent time at the Summit for the Aging at the Community College and the number one concern discussed was transportation.

At this time Geri presented a 5-minute film on the Summit for the Aging focusing on the lifestyles and homes of a few New Hope residents.

Geri Delevich motioned to approve a request by New Hope Arts, Inc. to place a 13 foot by 3 foot banner across East Bridge Street, from June 27 through July 18, 2005, along with a smaller banner on East Ferry Street on July 16, 2005, in connection with the Showcase of the Arts of New Hope Program, July 15 through July 17, 2005 and Randy Flager seconded.

Richard Hirschfield included that the necessary insurance be in place.

The motion passed unanimously.

Geri Delevich motioned to approve the following requests by the Chamber of Commerce in connection with 2005 Arts and Crafts Festival, October 1 and 2, 2005:

• Prohibit traffic on North Main Street from Rt. 202 spur to Bridge St.
• Prohibit traffic on West Mechanic St. from South Main St. to New St.
• Close the Borough parking lot at the Verizon building
• Place a banner across E. Bridge St. from Sept 1 through Oct. 2, 2005

Randy Flager seconded the motion.

Richard Hirschfield commented that Council has a concern about West Mechanic being closed by this event.

Connie Gering, President of the Chamber of Commerce of New Hope, responded that the young new artists from the High School would be featured on Mechanic Street only, and the professionals would be on North Main Street. The Chamber feels that this would attract more visitors.

Richard Hirschfield asked Chief Pasqualini if the Police Department could handle this.

Chief Pasqualini responded yes.

Connie Gering also added that Mechanic Street would be cleared out in the evening having North Main Street only requiring overnight security.

The motion passed with all in favor.

Geri Delevich motioned to approve a request for a banner by Havana to be placed on the building at 105 South Main Street and Ed Duffy seconded.

Richard Hirschfield asked if this is on the building, and stated there is also a need for temporary use permit.

Jenny representing Havana responded she is aware of the permit, and the banner will be attached to the building.

The motion was passed 5-0-1 by the following vote.

Geri Delevich motioned to approve a request by Main Street Freeze to display a 4 x 6 banner and balloons at Rita’s Water Ice, 137 South Main Street for a grand opening event on June 25th or 26th. Rey Velasco seconded.

Ms. Mindy Rappaport, Rita’s owner, added that the event would take place either on June 25 or June 26 from 6:00 p.m. to 8:00 p.m. There is also a possibility of having a fire truck and an ambulance set up for tours at bagged metered spots at this event,

The motion passed unanimously.

Geri Delevich motioned to approve a request by The Princeton Festival to place a 30 foot x 5 foot banner on the second floor of the Starbucks building, located at the northeast corner of the intersection of Main and Bridge Street from June 20, 2005 to July 6, 2005. Rey Valesco seconded.

Richard Hirschfield commented that this is mainly to support the Concordia Chamber Music Group, which is a New Hope organization and they have a joint venture with The Princeton Festival.

Geri Delevich commented that she has a difficult time putting up a banner in New Hope that is not promoting an event taking place in New Hope.

Richard Hirschfield replied that it is a New Hope group and the Borough is helping them become successful enough so that they may have the event in New Hope next winter.

The motion passed 5-1 by the following vote.

POLICE COMMITTEE REPORT

Rey Velasco motioned and Randy Flager seconded a motion to authorize purchase of a used police sedan from Ephrata Borough for $6,800.00. The motion passed unanimously.

OLD BUSINESS

John Burke announced the next item on the agenda is a discussion of pending Zoning Hearing Board appeals. Docket #290 concerns a property located at 146 North Main, and the property owner is Bruce Begg. Mr. Begg recently converted a single family house with attached parking into two condominiums. Mr. Begg now wants to construct two garages in the front yard between the street and the house and the property is located in the RB district. Mr. Begg is looking for variances for yard set back, building coverage, and impervious surface. Mr. Begg proposes to use a common driveway to connect to North Main Street rather than Division Street. Mr. Begg’s proposal will lose metered parking spaces on Main Street and create an additional driveway on Main, which will, in turn, cause additional congestion at that location.

Richard Hirschfield commented that in the packet for Council on this appeal is an analysis by the New Hope Zoning Officer, Mr. Larason. He concluded that this is a self-imposed hardship and does not qualify for a variance under state law. The change to make the structure into a two unit condominium was the choice of the owner and the desire to construct garages for both units is a choice not warranting variances and it is Bob Larason’s recommendation that this variance not be granted.

Richard Hirschfield asked for a motion to authorize the Borough Solicitor to oppose Docket #290 on behalf of Council, based on the recommendation of the Zoning Officer.

Geri Delevich motioned to oppose Docket 290.

There was no second.

Richard Hirschfield announced that the Borough has taken no position.

John Burke announced the next item is Docket #289, an appeal by Laurence Keller, and this is a minor subdivision of 27-10-36 into two parcels, which creates what existed prior to a consolidation of the two lots in 2001.

Laurence Keller added that it is where the two houses were involved in a fire at 72 West Ferry Street in 2001. He is trying to put the buildings back to what they were.

Colin Jenei stated that he has issued an opinion for this application and that the variance should be granted under state law. John Burke added that the Zoning Officer concludes the same.

Council took no position on this application.

John Burke announced the next item on the agenda is Docket #288, an appeal by Arthur D’Amore of 113 Riverwoods, to construct a swimming pool on his property.

Richard Hirschfield added that there are some stipulations that the Borough Zoning Officer will make to the Zoning Hearing Board for their consideration regarding storm water control.

Council took no position on this application.

Geri Delevich motioned to support the Zoning Officer and oppose Docket #290 for the two-car garage at 146 North Main Street. Randy Flager seconded. The motion passed unanimously.

Steve Coppens commented on how fast the traffic is on Main Street and complained about a sinkhole at his 20 West Bridge Street property in the sidewalk area.

Richard Hirschfield replied that the Borough police have gone there several times and Council petitioned the state to lower the speed limit on North Main Street, but the state will not do it. There was a speed hump put in on Ferry Street that has been effective, and he would like to see a second one put in, but he also commented that this would be up to the residents.

John Burke addressed the paving and asked the residents to let him know when they have an issue.

Connie Gering commented that the businesses that newly come into town should really research the area before they consider coming into town. Also, there should be a package put together to educate these new business owners on how to manage their businesses.

Richard Hirschfield asked for a motion to appoint Connie Gering as the Chamber of Commerce Representative to the Revitalization Committee for a term to expire on January 1, 2009.

Geri Delevich motioned to appoint Connie Gering and Rey Velasco seconded. The motion passed unanimously.

ADJOURNMENT