Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
July 12, 2006
MINUTES

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

Absent: Richard Hirschfield.

Sharyn Keiser asked for a motion to consider approving the minutes from the June 21, 2006 public meeting. Randy Flager moved to approve the minutes and Rey Velasco seconded.

Geri Delevich commented that she has a correction to a statement she made. She said at the last meeting that Senator Joe Conti voted against the proposed constitutional amendment but his name should be eliminated from that because he voted for it.

Sharyn Keiser asked if that was in the minutes.

Geri Delevich answered yes and Joe Conti’s name should be deleted from the minutes.

Geri Delevich was sure he voted for it because she called his office.

Sharyn Keiser commented that the minutes are correct because that is what was stated at the last meeting.

Geri Delevich agreed.

The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller asked for Council’s consideration to concur with him to allow New Hope Borough to continue with a limited state of emergency through August 9th of this year due to the flood.

Randy Flager moved to approve the declaration of a limited state of emergency until August 9th and Rey Velasco seconded. The motion passed unanimously.

Mayor Keller commented that the town pulled together and tackled the flood problems. He was pleased to report that all problems were addressed in a commendable fashion and as early as possible. The downtown area east of the Canal was shut down, and through the expeditious execution of the Emergency Management Team, the safety of both our residents and merchants was protected. No fatalities or injuries occurred, and Mayor Keller recognized all of the organizations, people and businesses that contributed their help during the flood.

Mayor Keller announced that PNC Bank is offering special loan rates to those in need of flood assistance.

Mayor Keller read a letter he received from a gentlemen in Lockport, New York: “I have a three bedroom home and I am a widower of two years and if there is a lady in her forties to sixty two, about 150-175 pounds, and is in good health that has no one and lost everything, she would have her own bedroom and her own bath.” Anyone interested in this gentleman’s address should see the Mayor after the meeting.

Mayor Keller expressed his understanding of the frustration caused by the many floods within the last 18 months and assured the residents that he has reached out to U.S. Senator Rick Santorum and also U.S Congressman Mike Fitzpatrick. He also would like to try to get the Executive Director of the Delaware River Basin Commission, based in West Trenton, Carol Collier involved and bring them all to New Hope, along with the neighboring towns, to express our concerns with the construction going on up north. If anyone would like the address to write Carol Collier, please see him after the meeting.

VICE PRESIDENT’S REPORT

Sharyn Keiser recognized the people, residents and businesses that offered assistance before and after the flood. (See attached)

Geri Delevich added the following names who supplied lunch and were not included in the list: Jamie Hollander, New Hope Diner, and McDonalds.

Geri Delevich announced that there was another group that responded in New Hope, called the Tzu-chi Foundation. This group responds to disasters all over the world and helps people clear away debris.

Sharyn Keiser also added a thanks to Villa Vita, which supplied sandwiches, and to Chris and Marie Survico who were in town serving food.

Sharyn Keiser announced Yardley Borough established a Flood Task Force to find ways to prevent or reduce flooding along the Delaware River and is currently seeking members. The meeting is scheduled for next Wednesday at 7:00 P.M. at Yardley Borough. Please call Borough Hall for more information.

Sharyn Keiser announced that the Borough agreed to a request by Herb Millman and the Chamber of Commerce to extend the payment of the 2006 Business Privilege Tax from August 1, 2006 to October 1, 2006 because of the economic hardship caused by the recent flood. Payments received after that date will be subject to a $10.00 per month penalty.

Sharyn Keiser announced a grant for the Ferry Street Park for $120,000 from the Community Conservation Partnership Program administered by the Pennsylvania Department of Conservation and Natural Resources. Ms. Keiser thanked Rob Loughery, who wrote the grant for the Borough, and also John Burke along with the Revitalization Committee.

Sharyn Keiser also thanked Borough Manager John Burke and Assistant Borough Manager Janell Hammond for their support during the flood.

Sharyn Keiser announced that George Michael would hold a third community meeting for residents and merchants interested in the Canal Street development. The meeting will be held Friday, July 14, 2006 at 10:00 A.M. at Borough Hall. These meetings will be held monthly on the second Friday of each month.

Geri Delevich asked if the Borough had written a letter to George Michael in regards to changing the time of the meeting.

John Burke answered that he spoke to Paul Michael, and there has been no decision as to a change in time for these meetings.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of the accounts payable for July 12, 2006, in the amount of $43,843.94; of payroll for June 21, 2006 in the amount of $51,940.33; and of payroll for July 5, 2006 in the amount of $55,165.30.

Rey Velasco moved to approve the payables and payrolls and Geri Delevich seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Ordinance 2006-08, establishing minimum standards for the rental of dwelling unit and objective criteria to determine the maximum number of inhabitants permitted in any one dwelling unit, and asked the Borough Solicitor T.J. Walsh to explain the Ordinance.

T.J. Walsh stated that this ordinance sets some limitations on the number of occupants per dwelling unit, which is defined basically as a residential apartment. The standards relate back to the Property Maintenance Code, which the Borough adopted 2 years ago. If you are a landlord and you own an apartment or building that you rent out, the landlord has to fill out a Registration Statement to get a license and pay a fee. This statement will certify the information that goes along with the building or apartment. All information on the application must be true and correct, and if it is not, there can be a fine imposed. There will not be an annual inspection. It is a logistical issue, and all landlords are required and responsible to keep their license current. The Ordinance will go into effect today and existing landlords will have 90 days to come into compliance. After that there is a rolling compliance with any new apartment or tenant.

John Burke announced that the Borough has received a proof of publication evidencing that the ordinance was advertised in the New Hope Gazette on June 26, 2006.

Sharyn Keiser asked for a motion.

Ed Duffy moved to adopt Ordinance # 2006-08 and Claire Shaw seconded.

Tom Markey, Fire Chief, New Hope Fire Company, commented that since the Borough is going to start having people register their rental buildings, they will become known places where fire inspections would be necessary to insure that living quarters meet the new code.

T.J. Walsh commented that this ordinance only provides for inspections for occupancies dealing with the number of occupants per dwelling and does not cover specifically all code requirements dealing with inspections.

Tom Markey commented that if you are going to start inspecting and you say that they can rent it, there will be a problem.

John Burke commented that there is no inspection except if there is a violation in terms of the number of people per dwelling unit. There is no annual inspection program where we go into each apartment unit or dwelling that is rented out in the Borough each year and inspect. We have talked about that and we may do that down the road as a phase II.

Tom Markey commented that he would recommend that inspections follow.

Claire Shaw asked how effective would the ordinance be with no inspections.

T.J. Walsh answered that the landlord is certifying to the Borough that the proper number of tenants are occupying the dwelling unit. A judgment call was made that the staffing resources of the Borough are not sufficient to handle annual inspections. If the Council feels that voluntary compliance is not sufficient, then a decision will have to be made on weather or not inspections are going to take place.

John Burke commented that the fire safety program provides for an annual inspection by the Fire Marshall of all multi family units (3 or more units). The Fire Marshal only inspects common areas, not the dwellings within those buildings.

Gregg Connocchioli asked what the tenants do if they are thrown out?

T.J. Walsh answered that it is an unsafe situation that is being corrected.

Gregg Connocchioli feels that this will hurt immigrants.

Sharyn Keiser/Geri Delevich/Randy Flager stated that the ordinance is strictly related to safety, it does not discriminate. Inadequate plumbing and ventilation, as well as disease are concerns with an overpopulated dwelling unit.

Sharyn Keiser asked for a motion.

Adolph Hearst commented on what happens if there is a liability. If there is a fire and there are no exit signs.

T.J. Walsh answered that the fire issue is another issue and may addressed in phase II in the future. This ordinance is strictly to counter an abuse, that dwelling units are getting rented to too many people. There is no liability here. Fire safety is up to the property owner. The Borough is a regulatory agency.

Adolph Hearst asked why the Borough doesn’t wait until they have the fire part as part of the whole process.

John Burke commented that it is not just a question of fire, it is a question of what codes we are going to use to inspect these properties and that poses a dilemma, There are probably not many rental properties in the Borough that would pass any of our current codes. The problem is that most residences in the Borough are not up to the current code because of when they were constructed.

Sharyn Keiser added that it is because of the age of the Borough not because people are doing it intentionally.

John Burke commented that the modern codes impose standards that were published in 2003 that would be applied to structures 100 or 200 years old, and that will be a problem. That is why we are looking at this as a phased approach. The first step is to get a handle on the number of dwelling units that are rented and to insure that those dwelling units are not over crowded, thereby causing a fire and safety hazard. The second step after we evaluate the information gathered in the first phase, is to move somewhat further by devising a separate ordinance or an amendment to this ordinance that would set standards that would be reasonable for properties in the Borough to comply with, especially with respect to life and fire safety issues.

Adolph Hearst asked when that would be done.

John Burke answered that the Borough wants to get a handle first on the number of rental units there are and identify their location and determine their condition from examining the exterior of the structures. The Fire Marshall does inspect the common areas of any apartment building that has three or more units.

Sharyn Keiser asked the audience to please come forward and talk into the microphone so their comments can be recorded in the minutes.

Allison Kingsley asked since there is already a Use and Occupancy Permit in place where there is a change of ownership and this requires an inspection, why do we need this ordinance or some other type of ordinance.

Sharyn Keiser answered that this one deals with the identification of each rental dwelling and that the Use and Occupancy does not require an inspection for each change in tenant.

Doro Kerr commented that Borough Council has done a good job by taking a slow start with this ordinance.

The motion passed unanimously.

Sharyn Keiser announced that there are no HARB matters to review tonight.

PLANNING

Ed Duffy asked Martin King Esq., who is representing H.C. Hipple, LLP, to come forward to discuss Hipple’s recent proposal to the Zoning Hearing Board seeking a special exception and variances to alter and extend a non-conforming use by greater than 25% at 244 South Main Street in the RB District.

Martin King, Esq., stated that the area to the south of the main building has been used as office space without incident for 15 years. Along with the main building, there is a shed and a barn. The applicant previously sought relief to demolish the barn and use the shed as storage. The HARB Board and the applicant came to an agreement to table the issue and come to a future agreement by rehabilitating the barn. Now, the applicant would like to expand his office use into the barn.

Randy Flager asked if this in the floodplain.

Martin King answered that he is confident he is in the flood fringe. The applicant is seeking a variance from the floodplain requirements of the ordinance including lifting the barn four or five feet. Mr. King stated that he is not sure if his applicant will need a special exception or a variance to renovate the barn.

Geri Delevich mentioned that especially with this last flood, the Borough can’t keep increasing impervious grounds and this is an issue.

Council members expressed that they are not comfortable with building in the floodplain.

T.J. Walsh asked if the buildings would be connected and if all the structures are in the floodplain.

Mr. King answered yes to both questions.

Rey Velasco added that the Chairman of HARB mentioned at the last meeting that this is the only barn in the area of its kind and when you come into town from the south it gives you a feel of what New Hope used to be.

Sharyn Keiser asked for a motion to send the Borough Solicitor to the Zoning Hearing Board meeting to oppose this application.

Geri Delevich moved to oppose this application by sending the Borough Solicitor to the Zoning Hearing Board meeting and Ed Duffy seconded.

The motion passed by the following vote 5-1-0:

Sharyn Keiser announced that at its last meeting Council voted to oppose the Zoning Hearing Board application of George Michael & Janet Michael, seeking a variance to allow an impervious surface ratio in excess of the 40% maximum in the RB zoning district for a proposed single family dwelling at 176 North Main Street.

George Michael came forward to discuss his application.

George Michael commented that he would like to state to the Borough Council and the Zoning Hearing Board that he can control and keep on their site 100% of the storm water and rainwater as opposed to where it is going right now into the river and into the streets. They can do this by storing water underground. They spoke to the Borough Engineer on any number of ways that this could be accomplished. Mr. Michael stated that he understands the flood issue and that he has been through three floods with his personal home and would not want to increase runoff if it doesn’t have to happen.

Rey Velasco asked that Mr. Michael explain the plans.

Claire Shaw asked Mr. Michael what is it he wants to do that requires this additional impervious.

George Michael answered he wants to build a house. He wants a parking area out front, a terrace, decks and walkways, and a swimming pool, which is what has increased the impervious surface. His request can be decreased from 58% to 50% or 51% by using stepping-stones that are pervious instead of solid walks.

Council asked how large is the lot and the proposed house and how old is the existing home.

George Michael answered it is a Victorian home and dates back to the 50s on a lot that is 15,000 square feet. The proposed house would be 4,900 square feet with two floors.

Frank Deluca asked what trees and how many trees will be removed from the property.

George Michael answered that there were three large pine trees and that he checked with the Zoning Officer, who informed him that he is allowed to take down every tree on the property.

Sharyn Keiser announced that at the last Council meeting, there was a unanimous decision to oppose this application. Ms. Keiser asked if anyone would like to make a different motion.

There was no motion made. Ms Keiser stated that the decision from the last meeting to send the Borough Solicitor to oppose the application still stands.

Sharyn Keiser announced that the next item on the agenda is Allison Kingsley.

Allison Kingsley stated that she resides at 156 South Main Street. Ms. Kingsley has appeared before Council this evening to discuss demolishing the existing structure and building a new structure within the existing footprint and to lift the building above the floodplain. Ms Kingsley stated that with each of the floods she has experienced her basement filling to the top, causing her to lose the shop front. Also, there is a swimming pool under the floor in the back of the house. The pool fills and empties out into a small crawl space resulting in her having to tear out all of the flooring in the back third of the house. She has lost three retail tenants and, in one case, she experienced a lawsuit by one tenant that caused significant financial hardship on a personal level. This is a difficult location, which sits back from the street. Ms. Kingsley stated that she would like to add parking and have the structure above the floodplain, staying within the same footprint. This would give her the three units that she has currently. By designing parking for the first level, the height limitation of the structure would be within the Borough ordinance requirements. She would also like to do some things, similar to those mentioned by George Michael, to absorb more water on the property. This is a nonconforming mixed use, with a shop in the front, but it will become all residential.

Sharyn Keiser thanked Allison Kingsley and mentioned that if she decides to go to the Zoning Hearing Board, Council will take a closer look, but Council generally feels that she has no opposition at this point with the project.

RECREATION BOARD

Sharyn Keiser announced that on June 12, 2006 the Park and Recreation Board unanimously agreed that Lenape Park would be an appropriate name for the Ferry Street Park, but the Board is willing to accept John Wells Park as an alternative. According to Bucks County historian W. W. H. Davis, John Wells was the first Ferryman who settled in New Hope in approximately 1715. In 1719 the State Assembly granted the first ferry rights, and he was partly responsible for having the Ferry Road redirected from Center Bridge to New Hope, and, thus, John Wells is considered the founder of New Hope and settled here after the Lenape tribe.

Sharyn Keiser asked John Dwyer to come forward to announce an idea he had turned in for the park’s name.

John Dwyer presented the name “Barefoot in the Park.” The play originated here at The Playhouse, and Mr. Dwyer feels that this represents the spirit of New Hope for the arts and the diversity of its people and also added that maybe the Borough would consider renaming Ferry Landing Park as John Wells Ferry Landing Park.

Roy Ziegler stated that Lenape Park is still the suitable name, but John Wells is a suitable alternative. Mr. Ziegler suggested that the Borough consider a River Walk of Fame in the area around the Bucks County Playhouse, where Barefoot in the Park can be used as the name.

Earl Bierman stated that he concurs with Roy Ziegler.

Cynthia a resident of New Hope suggested Spirits Endeavor Park.

Tom Markey suggested Manchester Park.

Craig Connocchioli suggested Founders’ Park and the installation of a plaque in the park recognizing different people.

Sharyn Keiser recited the list of possible names and asked Council to make a motion for one of the names.

Rey Velasco moved to name the park Lenape Park. Sharyn Keiser seconded. Ms. Keiser asked for public comment on the motion.

Geri Delevich suggested Barefoot in the Park because of the energy.

Claire Shaw stated that she would like to see the name reflect New Hope’s energy, and John Wells Park and Lenape Park go to far back in time.

Sharyn Keiser called for a vote on the motion.

The motion failed to pass by a vote of 2-4-0

Randy Flager moved to name the park Barefoot in the Park. Geri Delevich seconded.

The vote on the motion was tied 3-3-0 as follows.

VELASCO KEISER DUFFY SHAW DELEVICH FLAGER
N N N Y Y Y

Sharyn Keiser asked the Mayor to break the tie.

Mayor Keller voted no, and the motion failed by a vote of 3-4-0.

Randy Flager moved to table this item until the Council President returns. Ed Duffy seconded

Rey Velasco commented that this is a sensitive issue and to table this would be a good idea in order to give it more thought so there are no hard feelings.

Sharyn Keiser asked for a motion to table this item until a future date. Rey moved to table the item. Ed Duffy seconded. The motion to table passed unanimously.

COMMUNITY AFFAIRS

Rey Velasco announced the Visitors’ Centers Report for the month of June as follows:

Visitors 2,427
Calls 382
Brochures Sent 19
Sales $68.70
Donations $400.20

Rey Velasco announced the New Hope Showcase Arts will take place this weekend across from Union Square, at the corner of Bridge and Stockton, and the cost of the tickets is $35.00.

Ed Duffy announced that he received a document that was about 11 pages long that fully advertised all the events that would take place this weekend and found it to be very informative and suggested that those interested stop by Borough Hall to get a copy, unless it is available on line.

Geri Delevich announced a tribute to Jack Rosen at Sidetracks Gallery as part of the gallery’s participation in Showcase of the Arts.

Geri Delevich announced that on July 25, 2006 the Raven is having a party to raise money for flood relief.

Geri Delevich announced a HARB Meeting on July 18, 2006, where there will be a presentation on the entire Canal Street Project.

Geri Delevich made a motion to approve a request by the Phillips Mill Community Association to hang a 4 ft. by 10 ft. banner at Starbucks, facing East Bridge Street, to promote the 77th Annual Phillips Mill Juried Art Exhibition, September 23rd through October 29th, 2006.

Rey Velasco seconded and the motion passed unanimously.

OLD BUSINESS

None

NEW BUSINESS

Ed Duffy announced the passing of a great New Hope/Lambertville person Elmer Case, a very special person. He was a craftsman, built boats and sailed them as well. He worked for major craft people and his passing is regretted.

Sharyn Keiser also added that there is a photography book on the flood that was put together by Gordon Nieburg, and after the meeting, anyone is welcome to come up and glance at it.

Ed Duffy commented that he has been sitting on the Revitalization Committee where they have been reviewing different plans for the Ferry Street Park. They have looked at different engineering specs on what it is going to look like and what it is going to contain and Mr. Duffy expressed a concern with how much money the Borough will spend for the development of this park with the present plans. This could cost the Borough ½ million dollars and Mr. Duffy recommended the public participate in the meetings.

Sharyn Keiser gave the following breakdown of the monies for the park:

Acquisition of the park $260,000
Estimated improvements $240,000
Design & management $38,000
Open Space Grant (-$72,000)
Community Development Block Grant (-$16,700)
PECO Grant (-$10,000)
PA. DCNR Grant (-$120,000)
Developer contribution (-$200,000)
Cost to the Borough $119,300

The total cost for the Park is estimated $538,000, with Borough funds estimated at $119,300.

Sharyn Keiser announced that the design of the park is open to the public and suggested that the public come to the meetings. The current plan shows areas where people can sit and read, grass areas, and seating.

Randy Flager stated that none of this money towards the park is taken from taxes and stated that Riverweeds is happy to have a park.

Sharyn Keiser added that the Bucks County Open Space Grant, Community Development Block Grant, PECO Grant, and the $120,000 DCNR grant were specifically applied for to fund this park.

Ed Duffy and Geri Delevich commented that the use of the developer contribution is more flexible and the money could be spent elsewhere.

John Burke stated that the offer was that the developer would pay $200,000 over a period of time and if the Borough did not need the money for the park, the Borough was free to spend it for a general municipal purpose.

Geri Delevich commented that the park should be developed slowly to see what the needs are for the area.

Sharyn Keiser announced that there are Revitalization Committee meetings every 4th Thursday of each month, which are open to the public, and there is another special community meeting on the park specifically, scheduled for September. Ms. Keiser urged people to come to the meetings to express their opinions.

Frank Deluca asked Council if they would take an audience vote by hand on the five finalists for the name of the Ferry Street Park.

Paul Witte suggested a name other than Lenape.

Sharyn Keiser asked the audience for a show of hands for the following names:

Manchester Park - (1)
Lenape Park - (3)
Spirits Endeavor Park - (1)
Barefoot in the Park - (15)
John Wells Park - (4)
Founders Park - (5)

Jan Witte and Allison Kingsley both felt that programs should be put in place to help flood victim, such as prevention, mitigation etc. Also, the Borough should run seminars on how flood insurance works, how federal aid works, etc. Jan Witte also thanked all who helped during the flood.

John Burke added that if there are people interested, he will bring in state and county officials to provide information on what funding is available to elevate homes above the flood plain.

Tom Markey thanked the residents of New Hope on behalf of the Emergency Management Team for their cooperation during the flood. He is trying to do a survey by going home to home on how the flood affected each individual to get a better handle on the next emergency so the problem areas can be concentrated on to solve issues faster.

Larry Keller announced that there have been a lot of rumors about the bridge. There has been a lot of damage to one cross brace located towards the Lambertville side. But, the bridge will not close down for 4 weeks, as is rumored. The Bridge Commission is trying to put together a plan that will have a minimal impact on the Borough. The plan is not together yet, but the worst-case scenario is 7 days.

Connie Gering from the Chamber of Commerce asked if there could be free parking from July 15th, 2006 through August 5th, 2006 to help make up for the lost time with the flood.

Sharyn Keiser stated that the Borough would be unable to do that because a good part of the Borough budget relies on meter revenue.

Mayor Keller commented that there would be to big a loss, which would be $22,000 to $25,000, and that loss would fall to the expense of the taxpayers.

Sharyn Keiser asked for a motion to bag the meters from July 15th, 2006 through August 5th, 2006 to help make up for the time lost from the flood.

No motion was made.

Gregg Connocchioli disagreed with the meter revenue discussion and with the way the Borough handled the flood.

John Dwyer, on behalf of the merchants, commended all who helped during the flood.

ADJOURNMENT