Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 WEST BRIDGE STREET
August 8, 2007
MINUTES

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

ABSENT: Geri Delevich

MAYOR’S REPORT

Mayor Keller asked for consideration of Resolution 2007-17R, appointing an investment advisor for the Police Pension Plan. Council established a Police Pension Board that is comprised of three police officers, three council members, and the mayor, which meets once or twice a year. In January of 2007 the Board met with David Farina, who is with Ryan Beck and Company, an investment advisor. The Board recommended that Ryan Beck be named as the new investment advisor for the Police Pension Fund. Ryan Beck will charge an annual fee, which is capped at 1.7 % and which will include investment advisory services and a third party administrator. The actual fee will be about 1.5%.

Richard Hirschfield asked for a motion to adopt Resolution 2007-17 R, appointing an investment advisor for the Police Pension Plan.

Sharyn Keiser moved to adopt Resolution 2007-17R, and Randall Flager seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

PRESIDENT’S REPORT

Richard Hirschfield announced that there was no Executive Session before tonight’s meeting.

Richard Hirschfield announced that the agenda for tonight’s meeting provides for the continuation of the conditional use hearing for Glassman at the end of the agenda under Old Business. The hearing will end no later than 10:00 or 10:30 P.M.

Rey Velasco thanked the Mayor and the Chief of Police for keeping Council informed of many positive letters praising Officers Robert Forbes, Frank Deluca and Rich Joyner.

Richard Hirschfield announced that the next regular meeting of Council would be on September 19, 2007, not September 12th.

Richard Hirschfield asked for consideration of authorizing the solicitation of bids for Lenape Park. Mr. Hirschfield introduced Evan Stone, Pickering, Corts & Summerson (PCS), the project engineer.

Evan Stone stated that the bid specifications would be available in approximately 2 weeks and added that it has been a real pleasure working with the Revitalization Committee. The drawings are now 99.9% complete and are ready to go out to public bid.

Richard Hirschfield informed Council that the design plans, which have been presented several times, may be found on pages 20-23 of the agenda packet. PCS has estimated the cost of improvements at $265,427, including a 10% contingency. The bids will feature an estimated $35,000 deduction for the water feature. This will allow Council to decide on the water feature after the bid prices are known. Mr. Hirschfield stated that 50% of the improvement costs would be funded by a state grant, with the cost of land acquisition paid by a developer contribution and a Bucks County grant. The Borough’s out-of-pocket expense will be about $120,000, which is the local match amount required by the state grant. Some items are not included in the base bid, such as the garden folly, benches, and trash receptacles. The Park and Recreation Board will fund these items through private contributions.

Richard Hirschfield asked for a motion to authorize the solicitation of bids for the Lenape Park improvements and stated that the Borough reserves the right to reject any bids received.

Ed Duffy moved to approve the solicitation of bids for Leanpe Park, and Claire Shaw seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

Randall Flager asked for a tentative date for completion.

Evan Stone answered that the work should be completed by next summer.

Richard Hirschfield asked Council if anyone wishes to remove an item from the consent agenda to allow further discussion.

Richard Hirschfield asked for a motion to approve the consent agenda, items 4, A through 4, F, as follows.

A. Consideration of approving payment of accounts payable for August 8, 2007, in the amount of $147,568.92; of payroll for July 18, 2007 in the amount of $49,277.31; and of payroll for August 1, 2007 in the amount of $46,592.51.
B. Consideration of approving the minutes of the July 9, 2007 public meeting of Borough Council.
C. Consideration of authorizing the Borough Manager to hire Mary Gardner as a part-time receptionist at the Visitors’ Center, in accordance with the terms and conditions of the New Hope Employee Handbook.
D. Consideration of authorizing the Chief of Police to hire Mr. Ralph Manza as a part-time Parking Enforcement Officer, in accordance with the terms and conditions of the New Hope Employee Handbook.
E. Consideration of authorizing the purchase of a multi-space parking meter for use at 111 New Street.
F. Consideration of issuing a Certificate of Appropriateness, as recommended by the Historic Architectural Review Board, for:
(1) 30 West Bridge St., by 5th Season, for installation of a sign;
(2) 82 South Main Street, by Brian Montgomery, for installation of a sign;
(3) 6 West Bridge Street, by A. C. Hipple, for exterior painting;
(4) 244 South Main Street, by A. C. Hipple, for general exterior renovations and exterior painting at main structure;
(5) 1 Old Mill Road, by Heritage Investment, for exterior renovations; and
(6) 37-39 West Ferry Street, by Trudy & Dimetri Kontopoulos, for exterior restoration.

Randall Flager moved to approve the consent agenda, and Ed Duffy seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion was approved unanimously.

MANAGER’S REPORT

John Burke announced that he has proofs of publication for two agenda items. The proposed amendment to the Zoning Ordinance was advertised in The Gazette on July 19 and July 26, 2007. The second roof of publication is for the proposed ordinance amending the Code of Ordinances with respect to the Police Department. This ordinance was advertised in the July 26, 2007 issue of The Gazette.

T. J. Walsh offered an explanation of the amendment to the Zoning Ordinance of November 15, 2006. The amendments before Council this evening are as follows:

• Amending the definitions of family and site area.
• Adding provisions relating to site capacity calculations.
• Making the dwelling in combination use with a business an accessory use principal to a non-residential use.
• Requiring all food to be prepared on the premises for a restaurant use.
• Adding provisions for renting automobiles, scooters and other motorized vehicles.
• Permitting commercial tents to be up for five days or less without a zoning permit.
• Updating off-premises signs regulations.
• Re-titling the accessory residential apartment use to accessory boarders and lodgers.
• Recasting numerous uses that were previously permitted as conditional uses as special exceptions.
• Permitting fire escapes and emergency egress doors to encroach the lesser of 3-1/2 feet or 1/3 of the required yard.
• Clarifying the provisions relating to the maximum height of a structure.
• Prohibiting the removal of trees in excess of 15 caliper inches except as permitted in the Zoning Ordinance.
• Prescribing that the maximum number of dwelling units is calculated using the product of the density factor and the base site area.
• Clarifying the provisions relating to the addition of impervious surface areas within the floodplain
• Adding realtor signs to exempt temporary contractor signs.
• Prohibiting snipe and other off-premises signs except where permitted.
• Clarifying that non-conforming uses may be expanded upon special exception, not variance, approval from the Zoning Hearing Board.
• Requiring prior compliance with the Uniform Construction Code and the Borough Property Maintenance Code prior to issuing a Certificate of Occupancy.

T. J. Walsh stated that the procedure for enacting zoning ordinance amendments involves public notice, public advertisement and circulating these ordinances for review by the Bucks County Planning Commission and the Borough Planning Commission. If there were any changes resulting from the reviews, it would require the whole process to start from the beginning, with a waiting period of thirty days each time before Council can act. The Bucks County Planning Commission supported the proposed changes, and the New Hope Borough Planning Commission made one recommendation that involves the item where all food is to be prepared on the premises for restaurant use. The Planning Commission stated that this provision would be difficult to enforce and that most of the restaurants would be non-conforming. If we were to delete this provision at the meeting tonight, Council would not be able to enact this ordinance. Mr. Walsh’s recommendation was to adopt this provision tonight, interpret it fairly in the future, and change it eventually with the next ordinance amendment.

Richard Hirschfield stated that he agrees with T. J.’s recommendation.

Richard Hirschfield asked for a motion to adopt Ordinance 2007-09, amending the Borough Zoning Ordinance.

Claire Shaw moved to adopt Ordinance 2007-09, amending the Borough Zoning Ordinance, and Sharyn Keiser seconded.

Richard Hirschfield asked for comment by Council and the public.

The motion passed unanimously.

Richard Hirschfield asked T. J. Walsh to present item 5, B.

T. J. Walsh stated that the next item was consideration of adopting Ordinance 2007-10, authorizing police officers to make arrests without warrants for certain summary offenses, in accordance with PA Act 25 of 1995. A state law allows an arrest without a warrant for summary offenses, but there must be a local ordinance in place with procedures. The procedures are set forth in the criminal procedure rules and relate to how somebody is presented before a district justice to be arraigned on the immediate charges. The charges for which someone could be arrested without a warrant, provided the police officer is a witness are:

-Disorderly conduct
-Public drunkenness
-Obstructing highways and other public passageways.
-Purchase, consumption, possession, or transportation of liquor or malt brewed beverages.

Ed Duffy asked what the Police Department was doing before the ordinance.

Chief Pasqualini answered that this ordinance brings the Borough Code in compliance with state law. The ordinance is primarily for juveniles and was recommended by the Borough insurance carrier as a good housekeeping measure.

Bob Gerenser asked how this affects entering private property.

Chief Pasqualini stated that this is primarily for on-view violations.

Richard Hirschfield asked for a motion to adopt Ordinance No. 2007-10.

Randy Flager moved to adopt Ordinances 2007-10, and Sharyn Keiser seconded.

Richard Hirschfield asked for additional comment by Council and the public.

The motion passed unanimously.

LAND USE AND HISTORIC PRESERVATION REPORT

Ed Duffy asked for consideration of approving the issuance of a Certificate of Appropriateness to 28 West Mechanic Street Investors LLC for restoration of an area on the east bank of the Delaware Canal across from the Canal Street Development. Mr. Duffy explained that there used to be a shack at this location that has since been removed, and tonight there is a presentation of what will be put in its place.

Paul Michael presented a design creating a sitting area and an artist area, consisting of three benches with landscaping. This area is located by the Aquetong Creek and has views of the Parry Mansion, and the mull barge passes by during the day. This area would be maintained by the Canal Street Association and will be lighted at night.

Richard Hirschfield asked for a motion to issue a Certificate of Appropriateness.

Sharyn Keiser moved to approve the issuance of a Certificate of Appropriateness, and Rey Velasco seconded.

Richard Hirschfield asked for comment by Council and the public.

Horst Kubon stated that he would like to see a plot plan of the property just discussed because he is concerned that his property is being infringed upon.

Richard Hirschfield stated that Mr. Kubon would have to talk directly to George Michael. This is not a matter for a public forum and is private matter between two neighbors.

The motion passed unanimously.

Ed Duffy asked Council to discuss Zoning Hearing Board appeal no. 313 by George Michael for a reduced side yard setback for a swimming pool at 176 North Main Street. Mr. Michael is seeking to change the setback from 20 ft. to 10 ft. for the pool and to 5 ft. for the pool equipment.

Paul Michael stated that this a lot that is 90 feet wide on the southern end of the property where he would like to install a pool with a 10 ft. setback instead of 20 feet, which is the requirement in the Zoning Ordinance. They would like to get the pool as close to the neighbor’s property line as possible, and the neighbors do not have a problem with that. The neighbors are actually building a stonewall that would block their vision of the pool.

Richard Hirschfield reminded the public that Council reviews all Zoning Hearing Board applications, and the result of this review determines if Council will oppose, support, or remain neutral with respect to an application.

Council took no action with respect to this application.

RECREATION BOARD AND REVITALIZATION COMMITTEE REPORTS

Sharyn Keiser commented that the Revitalization Committee is covered this evening in terms of the bids for the park discussed earlier.

Sharyn Keiser encouraged the public to visit and support the Farmers’ Market and mentioned that more vendors have been added. Ms. Keiser thanked Earl and June Bierman for making the Farmer’s Market a success.

Ed Duffy asked if there are any updates on the Canal Walk from the state or railroad.

Richard Hirschfield answered there is no approval from PADOT or the railroad, but he thinks we are close.

Sharyn Keiser stated that it has been five years.

Richard Hirschfield stated that the bottom line is that we are closer, but we don’t have a solution yet.

Ed Duffy asked who has been involved.

Richard Hirschfield answered John Burke, Larry Keller, the Project Engineer, and T. J. Walsh.

COMMUNITY AFFAIRS REPORT

Rey Velasco announced the Visitor’s Center report for July:

4,739 Visitors
532 Calls
35 Brochures
$535.40 Sales
$580.00 Donations.

Rey Velasco announced that the New Hope Auto Show is coming up this weekend on August 11 and August 12, 2007 at the New Hope Solebury High School grounds and encouraged everyone to attend.

Richard Hirschfield asked for a short recess before the conditional use hearing for Joseph and Joni Glassman begins.

The Borough Solicitor reopened the conditional use hearing for the application of Joe and Joni Glassman for 1 North Main Street. The Glassman’s seek permission to establish at restaurant use at this location. A copy of the complete transcript of this hearing is attached to these minutes.

ADJOURNMENT