Meeting Minutes

New Hope Borough
Regular Meeting of Borough Council

June 8, 2004
7:30 PM
MINUTES

Richard Hirschfield requested that everyone remain standing for a moment of silence for former President Ronald Reagan. Mr. Hirschfield also commented on the tragic way that President Reagan died from Alzheimer’s disease and that, hopefully, this could lead to more stem cell research.

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

ABSENT: Sharyn Keiser and Jake Fell.

Richard Hirschfield announced to the audience if they haven’t met the new Borough Manager to take the time after the meeting to say hello.

APPROVAL OF THE COUNCIL MINUTES FOR MAY 11, 2004.

Randy Flager made a motion to approve the Council minutes of May 11, 2004 and Ed Duffy seconded.

The motion was approved unanimously.

MAYOR’S REPORT:

Mayor Keller announced that he received a phone call this morning about 8:15 AM telling him the Free Bridge was officially opened as of 11:30 PM on Monday. Linda Spalinski apologized on behalf of the Bridge Commission for not having a ribbon cutting event last Friday due to minor completion delays, but she stated that they did finish ahead of schedule. There will be a small ceremony on Thursday at noon on both sides of the river, sponsored by Villa Vito from New Hope and Jack’s Pizza from Lambertville, giving out pizzas to motorists. There will be a formal ceremony, possibly on July 19, 2004.

Mayor Keller announced that the Police Department received a $300.00 dollar check from the Winterfest and that this money will be used to purchase first aid equipment for the Department.
Mayor Keller announced that a D.A.R.E. graduation will be held on Wednesday at the Middle School by our Police Officer Ken Kozuhowski, as well as by Officer Mark Chakin of Solebury.

Mayor Keller announced there is a petition available at Borough Hall, if anyone is interested in signing it, supporting the use of radar by local police in Pennsylvania. As of now, local municipal police departments in Pennsylvania do not have the legal authority to use radar.

PRESIDENT’S REPORT:

Richard Hirschfield recognized the distinguished public service of Jim Carpenter who unfortunately could not attend tonight. Jim has been, for many years, a very active member of the New Hope community, serving on Borough Council for two terms, Planning Commission, Manager of the Visitor’s Center for many years and a wonderful delightful man who contributed greatly in spirit and effort. Mr. Carpenter was honored with a plaque and Richard Hirschfield read the inscription: “On behalf of all the governmental bodies and the entire community of New Hope Borough, we offer our sincere and heartfelt thanks to Jim Carpenter for his exceptional lifelong contribution to the quality of life in our town, June 8, 2004.”

Richard Hirschfield announced a public hearing for Ordinance #2004-2, which will enable the Borough to conform to the requirements of the Pennsylvania Uniform Construction Code Act, and a separate resolution to appoint a Uniform Construction Code Board of Appeals and asked John Burke, Borough Manager, for a comment on this.

John Burke stated that the Uniform Construction Code Act was adopted by the Commonwealth of Pennsylvania in 1999. The State Department of Licenses and Inspections has been struggling to develop regulations to implement the act since that time and has finally completed the regulations so that the program will go into effect. The last date for municipalities to opt into the program is July 8th. New Hope Borough will be opting in to administer the new statewide Uniform Construction Code, if Council adopts the ordinance this evening.

Richard Hirschfield stated that if we opt in, we will control our destiny. But, if we opt out, the state and third party inspection services come in and perform all plan reviews and inspections.

Richard Hirschfield asked for a motion to adopt Ordinance # 2004-2. Randy Flager made the motion and Ed Duffy seconded.

Richard Hirschfield commented that the ordinance was advertised, as required by law, in the newspaper, and that there is a typographical mistake in the text of the Ordinance in paragraph two, in the second section, where it states that the Borough is adopting the 2000 Uniform Construction Code. It should read 2003. He also asked for public comment.

The motion was approved unanimously.

Richard Hirschfield commented that Council adopted the Uniform Construction Code six months ago. This ordinance informs the state the Borough is opting into the administration and enforcement of the code.

Richard Hirschfield commented that if a person isn’t happy with a judgment or decision of the Code Official, they have the option to appeal to the Board of Appeals, which has prescribed standards mandated by the state that it must follow to hear the appeal. This motion is to establish a Uniform Construction Code Board of Appeals, Resolution #2004-8. Mr. Hirschfield asked for a motion to establish the Board of Appeals pursuant to Resolution #2004-8. Rey Velasco made the motion and Geraldine Delevich seconded.

Richard Hirschfield asked Council and the audience of there are any comments.

The motion was approved unanimously.

Richard Hirschfield skipped to E on the agenda and commented that he would go back to D.

Richard Hirschfield asked for a motion to approve Resolution #2004-10 for the appointment of members to the Uniform Construction Code Board of Appeals and recommended the following people:

Terms expiring 1/1/06

• Tom Gockowski
• Tom Carroll
• Horst Kubon

Terms expiring 1/1/07

• Paul Raywood
• Bob Larason

Richard Hirschfield commented that once the initial terms expire, the terms will last three years.

Randy Flager made the motion and Rey Velasco seconded.

Richard Hirschfield asked Council and the public for comment.

The motion was approved unanimously.

Richard Hirschfield asked for a motion to approve Resolution #2004-9, to appoint John Burke as Borough Secretary and to appoint Janell Hammond as Assistant Borough Secretary. This is a required legal appointment for signing and attesting various documents and other duties as described in The Borough Code. Randy Flager made the motion and Rey Velasco seconded.

The motion was approved unanimously.

MANAGER’S REPORT:

John Burke recommended approval for: Accounts Payable for June 8, 2004, in the amount of $170,846.90; Borough Payroll for May 12, 2004, in the amount of $46,541.77; and Borough Payroll for May 26, 2004 in the amount of $39,535.66. Randy Flager made the motion for approval and Geraldine Delevich seconded.

Richard Hirschfield announced that the bill list is a little higher this month because we are paying the first payment of almost $50,000 for the Ferry Street Landing Project.

The motion was passed unanimously.

COMMITTEE REPORTS:

Ed Duffy recognized the Chairman of the New Hope Planning Commission, David Baer.

David Baer wanted to recognize Ed Duffy, who appears at every Planning Commission meeting.

David Baer read a portion of a letter from James S. Carpenter, a member of the Planning Commission, “David it is with sincere regrets that I find it necessary to submit my resignation from The New Hope Planning Commission effective immediately. I will be moving to Doylestown PA on May 26, 2004.”

Mr. Baer stated that we have lost a valuable person and a wonderful human being. David Baer read from the minutes of the Planning Commission for June 7, 2004, recommending a new member. “David Baer asked for a motion to allow the chair to recommend Mr. Lou Saltrelli as the fifth member of the Planning Commission at the Council meeting on Tuesday June 8, 2004. Barry Ziff made the motion and Dennis Wise seconded. The motion was passed with all in favor.

” Lou’s curriculum background is excellent. His educational background is as follows; he has a B S from SUNY at Courtland, a Masters degree from Penn State, a Doctorate degree in counseling and higher education from SUNY in Albany. He is retired from higher education in administration and counseling at the following Universities: Bucknell, SUNY at Potsdam and at Albany, Saint Lawrence, and also Stonehill College. He has served on many boards and as well as municipalities. David Baer asked the Borough Council to approve his appointment as the fifth member of the Planning Commission and introduced Lou Saltrelli.

Randy Flager made a motion to approve the appointment of Lou Saltrelli of 127 Pinewood Circle to replace and complete Jim Carpenter’s term ending December 31, 2004. Ed Duffy seconded.

The motion was approved unanimously.

Ed Duffy announced the second item on the agenda was a review of the Logan Inn Sketch Plan and introduced Michael Carr Esq. as the attorney representing this project.

Michael Carr, Esq. thanked Council for the opportunity to present the plans tonight and asked for Council’s feedback on this presentation. Mr. Carr presented plans indicating that it is a sizable addition with three stories. The original plan, as approved by the Zoning Hearing Board, featured 24,000 square feet, containing 16 new guest rooms, meeting rooms, and a restaurant/bar area with capacity for approximately 375 people. The project has been substantially reduced in size and now shows 10 guestrooms and a restaurant/bar area in two phases, now for a total of 308 people. Mr. Carr introduced Mr. Lake who is the architect for this project.

Richard Hirschfield commented that the documents presented show the previous submission and the current submission but not what was approved by the Zoning Hearing Board.

Richard Hirschfield asked what was the height and use associated with the original plan presented to the Zoning Hearing Board.

Michael Carr, Esq. answered the Zoning Hearing Board approved a three-story structure. The ground floor consisted of a restaurant, dining, bar, meeting room, and kitchen and then two floors of guest rooms totaling 38 rooms.
COUNCIL was concerned with parking and the fact that the uses had changed.

Richard Lake stated that the parking associated with the plan that was approved originally has now been increased to 60 spaces. The original Zoning Hearing Board approval accepted the amount of parking currently available at the Logan Inn, even with the full complement of 22 guestrooms.

Richard Lake stated that the basic scope of what was presented before was to provide a dining facility with alcoholic beverages being served and meeting rooms in the rear of the building, which could also serve as banquet rooms and be served from the expanded kitchen area.

There are 2 stages called phase II and phase III. Phase II has a two-story pavilion which features a dining and bar facility in the front with a wrap around porch and associated restroom and ancillary spaces in the rear. On the second floor, there would be a lounge/banquet room area that would be serviced from the downstairs bar area. The second floor does not have a permanent bar, but may have a portable bar area for banquet room facilities or acitivites.

The main bar would be on the ground floor and would accommodate approximately 18 people. Phase III, which would be built to the rear of Phase II on the ground floor, would have a banquet room towards the rear and accommodate 72-75 people.

The full phase II and phase III project shows enclosed areas of 12,700 square foot as opposed to 22, 700 square feet in the original proposal. The area was reduced by about 10,000 square feet, by reducing the guestrooms from 22 to 10. The full seating occupancy for this latest proposal is 306 as opposed to 370 or 380 in the original proposal.

The goal is to reduce the footprint and keep the uses compatible to what was previously submitted and consistent with the hotel type inn activity. In conclusion, there will be a reduction in the square footage, including reductions in the number of guestrooms and in the dining and bar areas.

COUNCIL expressed concern that the plans presented this evening were not approved by the Zoning Hearing Board and felt that the applicant must go back to that board. There was also a concern with the establishment becoming a night club with an additional 350 people and also having the structure too close to the street. There was a recommendation for the applicant to speak with the Zoning Officer and to let him make a determination and recommendation to Council on whether this new plan requires Zoning Hearing Board approval.

Michael Carr, Esq. did not agree. Mr. Carr also felt that a stipulation could be entered into the approvals to not allow a night club facility.

HARB:

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 12 West Mechanic Street for exterior painting. Rey Velasco seconded.

The motion was approved unanimously.

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 8 West Mechanic Street for the installation of roof shingles. Rey Velasco seconded.

The motion was approved unanimously.

Randy Flager took the President’s Chair at this time because President Hirschfield left the room.

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 12 through 20 West Bridge Street for exterior painting. Rey Velasco seconded.

The motion was approved unanimously.

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 28 South Main Street for exterior painting. Rey Velasco seconded.

The motion was approved unanimously.

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 108 New Street for window installation. Geraldine Delevich seconded.

The motion was approved unanimously.

Ed Duffy made a motion for the approval of a Certificate of Appropriateness for 28 West Bridge Street for the installation of a run-in shed. Rey Velasco seconded.

The motion was approved unanimously.

Ed Duffy made a motion to deny an application to install an awning at 8 South Main Street. Geraldine Delevich seconded the motion.

President Hirschfield returned at this time.

Carl Lindsay Esq. identified himself as representing Mr. Balderston of 8 South Main Street. Mr. Lindsay addressed the Council and presented the latest proposal for the awning and stated that Council does not have the authority to deny this application.

Colin Jenei incorporated by reference all comments and testimony including all exhibits of May 2004 into the record of this meeting and hearing. The HARB application packet (7pages) from the June 1, 2004 meeting will also be incorporated into this record including exhibits. Mr. Jenei stated that tonight is also an opportunity for Mr. Balderston to testify.

Carl Lindsay objected to the introduction of the HARB packet from June 1, 2004 as part of the record. Mr. Lindsay introduced photos.

Colin Jenei commented that these photos were already entered from the prior record as JB-2 through JB-8 and were re-entered tonight as the same numbers from the previous meeting.

Joe Balderston presented a profile of the awning, which would attach to the back of the building and measure 22 inches high and project out from the building 24 inches. The lettering would be 9 inches high and the awning would be ridged. The awning would be made of fabric not vinyl. The lettering that is on the awning uses 9 square feet. The ordinance allows 2 signs, one on the north wall and one on the west wall. The north wall sign could be 20 square feet. The west wall sign could be 14-16 square feet.

Richard Hirschfield entered four (4) photos by HARB calling them exhibits NH-1 through NH-4:

June 8th, NH-1 photo of underneath the awning of Savioni’s facing south, also the same as Exhibit JB-2 but from a different angle.

June 8th, NH-2 photo of underneath the awning of Savioni’s facing north.

June 8th, NH-3 photo of underneath Beyond the Walls awning looking south, also the same as Exhibit JB-4.

June 8th, NH-4 is the latest proposal for the awning presented at the June 1, 2004 meeting to HARB on which the final recommendation for denial was based.

Carl Lindsay Esq. introduced Ernie Bowman, a former member of the HARB Board. Mr. Bowman stated in 1984 or 1985 the building on 8 South Main Street came before the HARB Board and Benetton, the owner of the building at that time, wanted to slice off the corner and cut off the front of the building and install the Hershey kisses and crown moldings. It was plywood all dressed up and HARB was against this, but Council over ruled the HARB recommendation.

Ed Duffy stated that the exhibits of the awnings on other buildings show that these awnings do not shield any historical significance and do not have anything to do with this situation. The building is over 100 years old and the HARB Guidelines state: “Changes which may have taken place in the course of time are evidence of history and development of a building, structure or site in its environment. These changes may have acquired significance in their own right and the significance shall be recognized and respected.” It does not have to be original ornamentation.

Colin Jenei entered the HARB Guidelines in the record as June 8th, NH-5.

COUNCIL did not know the history of that building and thanked Ernie Bowman for his input.

Richard Hirschfield stated that HARB denied the awning on June 1, 2004 by stating that the color, radius, and the architectural language of the awning did not compliment the historic integrity of the building, and the vote was 3-2 in favor of denial with two members absent.

Colin Jenei commented that the current HARB statute says: “If the Borough Council disapproves the application, it shall do so in writing and forward a copy of it’s decision to the applicant along with the Historical Museum Commission and the disapproval shall indicate what changes in the applicant’s plan and specifications would meet the Council’s condition for protecting the distinctive historical character of the district involved.”

It is difficult to do a hearing here with no formalities. What conditions are we looking for, what are the specific historic values of this site, what has the applicant done to limit or infringe on that site, and what changes would we recommend the applicant to make. This is the statute and Ordinance we are working with. We need to determine if the awning is covering up historically important items that we want the public to see. Can we achieve having an awning there and do that within the context of the historical importance the site, and, if no solution is possible, the Council has to come up with a clear reason to critique the significance of this problem and to justify the conclusion that there is no solution and that an awning is not going to work and if there is some way this particular project can be changed to allow the history to still exist.

Richard Hirschfield asked if there is any historic value we are protecting. A plywood addition from 20 years ago is not particularly attractive. Also, there is no solution better than the one proposed.

Bob Gerenser urged Council to let the applicant have the awning.

Carolyn Dechert commented that she appreciates the historic integrity of New Hope but instead of going back repeatedly to HARB, what can be done to make the application acceptable.

Richard Hirschfield asked Council at this time for a vote on the motion for the awning at 8 South Main Street and clarified that a no vote is for approval and a yes vote is for denial.

John Burke at this time called the roll.

The motion was denied by a 2 to 3 vote, resulting in the approval of a Certificate of Appropriateness for the awning at 8 South Main Street.

REVITALIZATION:

Nothing to report

COMMUNITY AFFAIRS:

Geraldine Delevich asked Carolyn Dechert of the Independent Merchants’ Association to clarify a request.

Caroline Dechert spoke for the Independent Merchants of New Hope and stated that they are not requesting a sidewalk sale. What they are proposing is to put on an event where they create an appearance of outdoor activity on July 4, 2004 similar to a sidewalk sale, but there would be no infringement on the sidewalk. Only businesses with private outdoor spaces like porches etc. would place displays, not extending the shops onto the sidewalks. There will be costume enactors walking around town, public readings of the Declaration of Independence and many other patriotic activities. The schedule will be at the Visitors’ Center and on the Internet.

Caroline Dechert announced that the Independent Merchants will be representing New Hope at the Gateway to Bucks County on June 17, 2004, at approximately 5 PM in Bensalem at the Bucks County Tourist Center.

Geraldine Delevich announced the Visitor Center’s report from May:

Geraldine Delevich announced Chuck Kerr from Natural Creation’s donated a fountain and will be designing a sculpture for Tom Ridge and Governor Rendell. This is a great compliment to him and New Hope.

Geraldine Delevich thanked Rob Simpson, an electrician from Milford NJ, for installing the wiring for the outdoor pump and thanked the members of Partners in Progress who installed plantings paid for by Queen for a Day two years ago.

Geraldine Delevich announced that two new benches will be placed at the Visitors’ Center.

Geraldine Delevich announced that if anyone is interested in purchasing a tile for the benches leave your name and phone number with her. One bench may have “a word to live by” theme and the other bench might be a “river” theme.

Rey Velasco thanked PIP for the Logan Inn dinner and the Buck’s County Playhouse for the show “Jekyll and Hyde” on Thursday June 3rd, 2004. It was a sold out performance.

Rey Velasco announced that on July 9-11 the Show Case of the Arts of New Hope weekend will take place with arts and artists of Bucks County. A special dinner and reception will take place at Triumph Brewery on July 9, 2004. The weekend continues with a variety of children’s activities and will close on July 11, 2004 with a party under tents at Union Square on Bridge Street in New Hope, which will feature the area’s finest chefs and restaurants. Tickets are $35.00 in advance and $40.00 at the door and can be purchased at Farley’s Books, Dress Wells and if you have any questions, you can call Robin Larson or access newhopearts@newhope.com.

Randy Flager encouraged the public to support the local businesses and merchants.

Geraldine Delevich announced that there are members of the Visitors’ Center selling items at the back table and thanked the members for all their efforts in increasing the donations to the Center.

PUBLIC WORKS:

Nothing to report

POLICE:

Nothing to report

OLD BUSINESS BY COUNCIL:

Nothing to report

NEW BUSINESS BY COUNCIL:

Nothing to report

PUBLIC PARTICIPATION:

Steve Stahl from North Main Street introduced Rita Odessa, the Executive Director of the Pennsylvania Gay and Lesbian Task Force, to discuss the Civil Rights Bill.

Rita Odessa discussed the last time she was at a Council meeting in 2000. Ms. Odessa passed out some documents regarding a study of discrimination and violence. She asked for support of the Pennsylvania Civil Rights Bill.

Carolyn Dechert asked for the status of resurfacing the roads by the Bucks County Water and Sewer Authority.

Richard Hirschfield introduced Peter Smith from the Bucks County Water and Sewer Authority to answer all related questions.

Peter Smith answered that we are currently doing some preparation work and bringing in milling machines and pavers tomorrow and will restore most of the big trench work and finish up the south end of town this week. It is curb restoration before paving. The paving will be done at the south end of town by the 4th of July weekend including Waterloo Street, New Street, and Mechanic Street. Work will begin on North Main Street and the side streets after the 4th of July weekend. The delay is attributed to the harsh winter and some additional issues not anticipated in our planning.

Richard Hirschfield asked for a motion to adjourn the meeting.

Randy Flager made the motion and Ed Duffy seconded.

The motion was passed with all in favor.