Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
June 21, 2006
MINUTES

Richard Hirschfield asked for a moment of silence to reflect on the recent passing of one of New Hope’s well-known residents, Jack Rosen.

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

Richard Hirschfield asked for consideration of approving the minutes of May 10, 2006.

Rey Velasco moved to approve the minutes of May 10, 2006, and Randy Flager seconded. The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller asked for consideration of adopting Ordinance #2006-05, amending Ordinance #2005-01 by changing the distribution of wedding fees. The distribution of the funds from the $150.00 fee will be 50%, instead of 75%, to the Eagle Fire Company and 50%, instead of 25%, to the Lambertville-New Hope Emergency Squad.

Sharyn Keiser moved to adopt Ordinance #2006-05, and Clair Shaw seconded. The motion passed unanimously.

John Burke announced that a Proof of Publication has been received, evidencing that this ordinance was advertised in accordance with the requirements of The Borough Code.

Mayor Keller asked for consideration of adopting Resolution #2006-23R, amending and updating the New Hope Borough Emergency Operations Plan.

Mayor Keller stated the new plan includes provisions for pets in case of a disaster. Mayor Keller asked Bill Camburn to address Council on behalf of the Bucks County Animal Response Team.

Bill Camburn announced that he is a volunteer with Noah’s Wish, a non-profit organization that deals directly with the sheltering and care of animals during a disaster, and was in New Orleans for 32 days after Hurricane Katrina. He stated that he has seen the devastation that is caused when there is not a plan in place that includes pets. While a requirement to include pets may not become a federal law, he does not feel that it should stop the Borough from putting a plan into effect for the community.

Council thanked Mr. Camburn and expressed support for this program

Mayor Keller introduced Assistant Fire Marshall Daryl Jurbala.

Daryl Jurbala commented that it is critical that pet concerns be addressed in the final Emergency Operations Plan. The updated plan reflects the change to the National Incident Management System (NIMS), which is going to be mandated by the federal government in 2008. A pandemic bird flu action plan is addressed in the new plan, which states how things would be handled and what our response would be during different phases of a possible pandemic flu, as defined by the National Plan. Also, the plan reflects a response to river flooding events, based on the experiences that we have had in the last two years.

Richard Hirschfield asked for a motion to adopt Resolution #2006-23R, amending and updating the New Hope Borough Emergency Operations Plan.

Rey Velasco moved to adopt Resolution #2006-23R, and Randy Flager seconded. The motion passed unanimously.

Mayor Keller asked Council for consideration of hiring Cory M. Beauregard and Toni Lynn Gibson as part-time Parking Enforcement Officers at a rate of $13.00 per hour, subject to the policies, rules, and regulations set forth in the New Hope Borough Employee Handbook.

Richard Hirschfield asked for a motion.

Randy Flager moved to hire Toni Lynn Gibson and Cory M. Beauregard as Part-time Enforcement Officers, and Sharyn Keiser seconded. The motion passed unanimously.

Mayor Keller announced that he has a photo available tonight of Margaret Harry Lang who was the last member of the Parry family and who he was fortunate enough to meet in the late 70’s.

PRESIDENT’S REPORT

Richard Hirschfield announced an Executive Session at Borough Hall to discuss legal matters involving the Division Street litigation, the Villa Vito litigation, and a real estate acquisition matter.

Richard Hirschfield announced that New Hope passed an anti- discrimination ordinance in 2003, which was one of the few of its type in the state and the only such ordinance adopted by a borough. The City of Allentown also passed a similiar ordinance, and this ordinance was appealed to the Commonwealth Court and the law was upheld. Mr. Hirschfield, on behalf of Council, commended Senator Conti and Representatives O’Neill and Mcllhinney, who recently voted against a proposed constitutional amendment in the Pennsylvania Senate banning gay marriage.

Geri Delevich announced that anyone who would like to comment on the support from Bernie O’Neill, Joe Conti, and Charles Mcllhinney can call 215 441 2624 and in Harrisburg, 717 705 7170.

Richard Hirschfield announced that Tom Rice from the Chamber of Commerce wanted to thank Council for its support of the successful raffle of a car and motorcycle.

Richard Hirschfield announced that George Michael will hold a community meeting on the Canal Street project at 10:00 A.M. on July 23, 2006 at Borough Hall. There will be subsequent meetings every second Friday of each month. It will be posted on the Borough Hall door.

Richard Hirschfield announced that the H.O.P.E. teams are now set up and are available to help, starting July 10, 2006. The H.O.P.E. team is now looking for the people who need help or assistance.

Geri Delevich added that if anyone knows anyone who needs help, you may call Borough Hall.

Richard Hirschfield announced a presentation by Martin King, Esq. representing The Raven Resort. Mr. Hirschfield asked for a civilized discussion and reminded the audience that they need to use the microphone and speak one at a time.

Martin King, Esq. commented that upon completion of the proposed work at The Raven, it would be a great improvement over what is there now. He stated that his purpose here this evening is to promote as much discussion as possible with the surrounding neighbors with respect to what might be planned. The Raven completed an engineering evaluation recently to determine the nature of the waterway that runs through the property, and it was determined that no wetlands were present.

Richard Hirschfield announced that he wanted to make it clear about the Council’s displeasure on how this whole project has proceeded to date. Without going through each of the incidents in detail, there was the clearance of the land without any consultation with the Conservation District and the removal of the natural buffer without any consultations with anyone. There were 8 to 10 noise violations verified by the Police. There was demolition of a garage building without HARB approval and after receipt of an email from the Borough warning against such actions. There has been a failure to work with the neighbors. There has been construction without permits ongoing up until yesterday.

Mr. Hirschfield stated that he wants to believe that this will be a cooperative effort among the neighbors, the Borough, and The Raven. Mr. Hirschfield also stated that the development of the adjoining properties would be subject to a public review process, as long as the plans involved a land development application, zoning change application, or a Zoning Hearing Board appeal.

Martin King, Esq. commented that for this very purpose, he is going to introduce Mr. Rand Skolnick, the owner of The Raven, to speak to Council. Mr. King also stated that his client now understands the rules.

Rand Skolnick introduced himself as one of the partners of The Raven, which he purchased 2 years ago. The acquisition of the Zinger property and the adjacent property happened very quickly, and there was no preplanning. There was a lot of trash, brush, debris that included hazardous materials, and diseased and dead trees, and he didn’t know he was creating a problem when he had the properties cleared. The sheds were unsafe and were torn down before he could stop the contractor. He was surprised at the noise violations and doesn’t believe they are all related to The Raven. He had called the police one night last week reporting volumes of noise coming from the surrounding neighborhood and wanted them to realize it was not his establishment.

Dene Taylor, Old York Road, addressed Council and appreciated the opportunity to speak. He is very happy that The Raven has purchased the house, which was the old Zinger property, in order to restore it. For two years now, there has been loud noise coming from The Raven property, and he does not feel that it has been addressed from the Borough level to the state level, including the Liquor Control Board. Mr. Taylor asked if the Police Department would share the number of complaints and also asked if the Chief would address each question in Mr. Taylor’s recent email.

Chief Pasqualini answered that in 2005 the department responded to The Raven three times for noise complaints. In 2006 the Police Department responded eight times since May 19, 2006, and the next time there will be a citation given and no more warnings. The Chief stated that Borough ordinances are enforced by the police, the Zoning Officer, and the Borough Manager. The Chief deals with the LCB regularly, but the LCB position is that noise issues are generally a local matter.

Richard Hirschfield commented that the Borough has reached a point where noise violations won’t be tolerated anymore. The fact that there was no noise this weekend was a good sign, and he hopes that this continues. The Borough always enforces its ordinances when violators are caught. In this case there was a violation of the HARB ordinance by demolishing a building and working without permits and The Raven was fined.

George Hartpence stated that the neighbors are happy with the improvements that will be made on Sugan Road. The issue that the community is most concerned about is the control of noise. Now that there will be a public review process for the proposed improvements, they are happy.

Joe Knox expressed that he did not receive an invitation to any of the neighborhood meetings and also referred to the noise from a residential property in the neighborhood that played amplified music recently. Mr. Knox stated the The Raven always obtained a noise permit from the Police Department and followed the requirements of the permit.

Rand Skolnick thanked Borough Council for their time and assured Borough Council that they are aware of the procedures discussed this evening.

Richard Hirschfield stated that a cooperative effort by The Raven with the Borough and its neighbors is essential.

The President called a short recess at this time.

Richard Hirschfield reconvened the meeting at this time.

Richard Hirschfield asked to begin with item 6 A on the agenda, with the Manger’s Report to follow.

Rey Velasco presented applications for Certificates of Appropriateness, as follows:

1. 7 East Bridge Street, by Keith Mowen, for exterior painting. Rey Velasco moved to approve, and Claire Shaw seconded. The motion passed unanimously.

2. Second Saturday Special Events, by Howard Cooperman, for banners, hardware and posts. Rey Velasco moved to approve, and Randy Flager seconded. The motion passed unanimously.

Rey Velasco stated for the record that the fence at 94 Old York Road was already installed.

3. 94 Old York Road, by Diana Fass, for the installation of a fence. Rey Velasco moved to approve, and Randy Flager seconded. The motion passed unanimously.

4. Randy Flager moved to approve a Certificate of Appropriateness for 88 Old York Road, by Polly Wood, for the demolition and replacement of a front porch, identical to the original with the exception of a standing seam roof, and Sharyn Keiser seconded. The motion passed unanimously.

5. Rey Velasco moved to table #5, the New Canal Village project, and Ed Duffy seconded. The motion passed unanimously.

Richard Hirschfield commented that the reason the application was tabled was because it may violate a HARB guideline for height. Since it is a very complicated building project, more time and review will be required.

John McLaughlin, a resident of New Street, was under the impression that the developer is interested in waiving the 35-foot height restriction.

Richard Hirschfield answered that the height is within the Zoning Ordinance restriction. This issue has to do with the height of the building in comparison to the streetscape.

6. Ed Duffy moved to approve a Certificate of Appropriateness for the Canal Street Project on West Mechanic Street, by George Michael, for foundations and framing only, and Rey Velasco seconded.

Greg Connocchioli asked why the community meeting that George Michael will hold this week will be held at 10:00 A.M. in the morning, rather than at night.

John Burke asked Mr. Connocchioli to send a letter to him and he would pass that to George Michael at the meeting.

The motion passed unanimously.

7. Ed Duffy moved to approve a Certificate of Appropriateness for 13 East Randolph Street, by Chris and Ellen Bollenbacher, for architectural plans and materials for a new breakfast restaurant, and Randy Flager seconded. The motion passed unanimously.

MANAGER’S REPORT

John Burke asked for consideration to approve payment of accounts payable for June 21, 2006, in the amount of $178,750.14; of payroll for May 10, 2006 in the amount of $59,098.13 of payroll for May 24, 2006 in the amount of $53,356.17, and of payroll for June 7, 2006 in the amount of $45,638.90.

Sharyn Keiser moved to approve the accounts payable and payrolls, and Rey Velasco seconded. The motion passed unanimously.

John Burke asked for consideration of authorizing the solicitation of bid proposals for the 2006 road resurfacing program. The program would involve an asphalt overlay of the section of Stoney Hill Road, between West Mechanic Street and Hausner Tract. The second part of the project would involve milling and paving of a section of Sugan Road between the Village II entrance and the Borough line. The estimated expenditures is $52,000, and there is a balance of $72, 006 in the State liquid fuels budget.

Richard Hirschfield asked for a motion to approve the solicitation of bids for the road resurfacing program for this year.

Randy Flager moved to approve the solicitation of bids for the road resurfacing program, and Ed Duffy seconded. The motion passed unanimously.

John Burke opened a public hearing at which Council would consider adopting Ordinance No. 2006-06, which provides for the issuance of a new class of parking permits. Mr. Burke noted receipt of a Proof of Publication evidencing advertisement of the ordinance on June 8, 2006. The permits would be for residents of the Borough only. The resolution, which is next on the agenda, limits the permits to residents only, between the hours of 10 A.M. and Noon, and sets a fee of $10.00 per year.

Richard Hirschfield asked for a motion to adopt Ordinance # 2006-6.

Clair Shaw moved to adopt Ordinance # 2006-6, and Rey Velasco seconded.

Richard Hirschfield commented that this permit plan is on a trial basis to determine if it is useful to the residents and encouraged people to come into town and shop and stated that all permits expire at the end of the year.

Geri Delevich asked about construction vehicles and if they could use these permits.

Sharyn Keiser commented that this question would be answered in the resolution that appears next on the agenda.

The motion passed unanimously.

John Burke asked for consideration to adopt Resolution No. 2006-24R, establishing fees for parking permits, meter bagging, meter and parking space and establishing special purpose parking zones and spaces.

John Burke stated that this resolution brings together into one resolution many of the different fees pertaining to parking within the Borough. The only changes in this resolution are: 1) it establishes a $10.00 fee for the resident permit and establishes the time of day covered by the permit, from 10:00 A.M. to 12 noon daily, and 2) it establishes a new class of rates for bagged meter parking for contractors at the rate of $25.00 per week excluding Saturdays, Sundays and federal holidays.

Richard Hirschfield commented that this would help contractors working in the Borough and the residents who have long-term construction projects. Meter parking is costly and is passed on to the property owner.

Geri Delevich stated that a contractor informed her that the Borough requires separate permits for each contractor vehicle.

Richard Hirschfield answered that the parking space is reserved for the day and any vehicle from the company can park at the bagged meter. This will be advertised and announced at future meetings.

Sharyn Keiser moved to adopt Resolution 2006-24R and Rey Velasco seconded. The motion passed unanimously.

John Burke opened a public hearing and asked for consideration of adopting Ordinance 2006-07. Mr. Burke stated that the Borough has received a Proof of Publication attesting that this ordinance was published on June 8, 2006 in the New Hope Gazette as a summary advertisement. The proposed ordinance amends the Code of Ordinances to include a portion of the American Legion property as a Borough parking lot.

John Burke commented that this ordinance is basically a housekeeping matter, which involves the recently approved agreement with the American Legion and the fire company to allow the use of 30 parking spaces as municipal parking spaces at the American Legion Post, located on South Main Street and New Street in the Borough. The hours for the parking are from 12:01 A.M Monday through 5 P.M. on Friday, excluding federal holidays. The purpose of this ordinance is to add the Legion parking location to the list of public parking locations found in the Borough’s Code of Ordinances.

Richard Hirschfield commented that the cost is about $1.60 a day, and it is a good deal.

Mayor Keller asked if parking at this location would be prorated.

Richard Hirschfield answered yes.

Richard Hirschfield asked for a motion.

Sharyn Keiser moved to adopt Ordinance 2006-07 and Rey Velasco seconded. The motion passed unanimously.

PLANNING AND ZONING

T. J. Walsh, Borough Solicitor, began with agenda item 7 B. This item pertains to the conditional use hearing that occurred last month on the Villa Vito Restaurant. The conditional use approval was granted by Council, and T. J. Walsh has prepared the findings of fact, conclusions of law, and decision for Council’s approval this evening. T.J. Walsh asked for a motion to approve the decision document.

Richard Hirschfield asked Attorney Martin King, who represents Villa Vito, if he agreed with the draft decision that was prepared.

Martin King answered that his client was in agreement.

Richard Hirschfield asked for a motion to approve the conditional use decision for the application of Favoroso’s Restaurant, for a restaurant use at Tax Map Parcel # 27-10-31, 28 West Bridge Street, in the CC Zoning District. The hearing was held last month and the decision and conditions are represented fairly in this document.

Randy Flager moved to approve the decision and Sharyn Keiser seconded. The motion passed unanimously.

T.J. Walsh stated that one of the conditions attached to the conditional use approval is to resolve the Common Pleas Court appeal. There was a Zoning Hearing Board meeting held in November of 2005, and the applicant had received some relief, with some relief denied. An appeal was filed with the Court of Common Pleas in Doylestown. As part of the conditional use approval, there is a stipulation to resolve this zoning appeal. The stipulation was prepared and sent to Mr. King and his client signed it. A question came up today about what would happen if the stipulation was not approved by the Court. There is a very remote chance that this could occur. It has been agreed that if it does, T. J. Walsh will ask the Zoning Hearing Board to sign off on it as well. T. J. Walsh at this time asked for a motion to approve the stipulation and agreement.

Richard Hirschfield asked Martin King if he concurred.

Martin King answered yes.

Richard Hirschfield asked for a motion to approve the stipulation.

Randy Flager moved to accept the stipulation and Rey Velasco seconded. The motion passed unanimously.

RECREATION BOARD

Sharyn Keiser announced that there is a vacancy on the Shade Tree Commission and moved for Richard Sweeney to be appointed for a term ending January 1, 2009. Geri Delevich seconded, and the motion passed unanimously.

Sharyn Keiser announced that the next item was to award a contract for the purchase and installation of a street clock at the Visitors’ Center. The Borough has received a Proof of Publication attesting that the bid was advertised in the New Hope Gazette on May 25th, and June 21st. Only one proposal was received. It was from the Verdin Company of Cincinnati, Ohio. The clock will cost $12, 225.00, plus installation, bringing the cost to $13, 480.00. There are additional estimated expenses of approximately $2,000 to rent a crane and to construct a concrete foundation to install the conduit and junction box necessary to make the final electrical connections. The Recreation Board has set aside funding from donations in 2006 to cover the cost of the clock, including the cost of installation. Council congratulated the Recreation Board for their successful efforts.

Sharyn Keiser moved to award the bid for the street clock to the Verdin Company of Cincinnati, Ohio and Randy Flager seconded. The motion passed unanimously.

Sharyn Keiser announced that the original date of the Recreation Board’s annual golf outing was rained out, but Earl Bierman made arrangements for a rain date, making it a successful and fun day, resulting in a $5,045 profit. Council congratulated Earl Bierman and the Recreation Board.

Sharyn Keiser moved to award the paving contract for the Visitor’s Center to the lowest bidder, which was Nimaris Construction of Pennsylvania at a bid price of $8,313.00, and to budget $3,250 of Borough funds for paving in 2006, with the balance of $3,250 to be budgeted and used in 2007 for the remaining work, and Rey Velasco seconded. The motion passed unanimously.

COMMUNITY AFFIARS

Rey Velasco announced the Visitor Center report for the month May.

Visitors 3,525
Calls 177
Brochures 21
Sales $67.15
Donations $550.39

Geri Delevich announced the Second Saturday event in New Hope. The next one will be on July 8, 2006. It is a fun community event for everyone in town.

Geri Delevich moved to approve requests by the Greater New Hope Chamber of Commerce for the 2006 Arts and Crafts Festival, September 30 and October 1, 2006, as follows: to prohibit traffic on North Main Street from the Route 202 Spur to Bridge Street, to prohibit traffic on West Mechanic Street from South Main to the canal bridge, to close the Borough parking lot at the Verizon building, to use Ferry Landing Park, to present entertainment at the Visitor’s Center, and to place a banner across East Bridge Street from September 1st through October 2nd.

John Burke commented that if there are any questions the President of the Chamber of Commerce, Connie Gering, was in the audience.

Sharyn Keiser asked if the necessary police overtime reimbursement arrangements were made and to include this in the motion.

John Burke answered that they have to provide a hold harmless agreement and a certificate of insurance to the Borough, along with all other usual requirements.

Geri Delevich amended her motion to include the police overtime reimbursement, the hold harmless agreement, and insurance requirements.

Randy Flager seconded.

Rey Velasco asked if the streets would be closed over night.

Richard Hirschfield answered starting two years ago the state allowed the Borough to close the streets over night.

The motion passed unanimously.

Geri Delevich moved to approve requests by New Hope Arts Inc. for Savor New Hope-Showcase the Arts, July 14, through July 16, 2006: for permission to present entertainment at the Visitor’s Center from 1 P.M. to 4 P.M. on July 15, 2006 and for permission to close East Ferry Street for children’s activities from 12 Noon to 4 P.M. on July 15th.

John Burke asked that a banner be added to the motion to be placed over East Bridge Street from June 30th through July 17, 2006.

Geri Delevich amended her motion to include the banner.

Rey Velasco seconded. The motion passed unanimously
Richard Hirschfield stated that the Princeton Festival asked to put up a banner on East Bridge Street after the New Hope Arts Inc. request. Mr. Hirschfield suggested that they can place their banner on the Starbuck building with the permission of the building owner.

Geri Delevich commented that banners hung in the Borough should be Borough-related and that banners lose their effectiveness when so many are hung up.

Richard Hirschfield announced that there would be no action for the Princeton Festival banner and asked John Burke to make sure all the necessary forms and insurance are in place.

Geri Delevich announced there is an article in the magazine, “Where to Retire,” discussing eight great walking towns, and New Hope was included as one of the eight.

Geri Delevich announced the sad passing of John Krist, who was 19 years old and resided on Old Mill Road. John was socially and politically aware, and he was an environmentalist and an extremely talented musician. His death is a big loss.

Richard Hirschfield also mentioned that other long time residents, George Till and Robert Rosenwald, passed away and will be missed.

NEW BUSINESS

Sharyn Keiser announced that Steven Stahl, who won an award in the Los Angeles Film Festival, entered his film, “Consequences,” in the New York International Independent and Video Film Festival and won Best Feature and Best Film Director.

OLD BUSINESS

Sharyn Keiser announced that the Park and Recreation Board selected John Wells as the name for the new Ferry Street Park. It was decided that this would be placed on the July agenda.

PUBLIC COMMENT

Elaine McNealy, 45 North Main Street, who is a member of the Gay and Lesbian Task Force, and asked Council if they would consider voting to create an ordinance to impeach President Bush because of his actions to ban lesbian and gay marriages.

Richard Hirschfield commented that Council has to consider what they are elected to do here in the Borough. First of all, an ordinance is a law that has to be legal. Council needs to focus on what Council can control and what they can control is discrimination against New Hope Borough citizens, which the Council has addressed with an anti discrimination ordinance. Council is here to bring people together, including people that disagree with Council, and Council should focus on the Borough and making a difference in the Borough. Mr. Hirschfield thanked Ms. McNealy for her concern and expressed an understanding of her anger and frustration.

Richard Hirschfield announced that George Michael has a Zoning Hearing Board application that will increase the impervious surface above the required amount and is seeking a variance. The property is located on North main Street. Richard Hirschfield asked for a motion to have the Zoning Hearting Board handle this application independently or to send the Borough Solicitor to oppose.

Geri Delevich moved to oppose the application and send the Borough Solicitor and Sharyn Keiser seconded. The motion passed unanimously.

ADJOURNMENT