NEW HOPE BOROUGH
Regular Meeting of Borough Council
August 12, 2003

PRESENT: Richard Hirschfield, Sharyn Keiser, Jake Fell, Randy Flager, Sandra Trappen, Borough Solicitor Colin Jenei, Mayor Larry Keller and John Tegley.

ABSENT: Geraldine Delevich and Ed Duffy.

APPROVAL OF THE MINUTES FROM JULY 8, 2003:
There was approval of the minutes from July 8, 2003. Sharyn Keiser made the motion and Randy Flager seconded. The motion was passed by the following vote.

Richard Hirschfield announced that Bob Larason who has been Borough Engineer is now retiring from Carroll Engineering and introduced Craig Kennard to replace Bob Larason as Borough Engineer.

M AYORS REPORT:
Mayor Keller announced that the Police conducted a muffler inspection a few weeks ago that was very successful. Thirty-six citations, twenty-five warnings and one motorcycle were impounded.

Sharyn Keiser announced that three weeks ago she met with the engineer and the public relations representative from the Bridge Commission along with John Tegley, Bob Larason, Jake Fell and Randy Flager. At that time, they discussed the impact of closing the bridge with the businesses and the residents in mind. They asked the Bridge Commission to keep the pedestrian walkway open and they were supposed to get back to Council before the meeting tonight but, at the moment they are still considering the proposal.

Randy Flager announced that there is a meeting on August 20th, 2003 at 10:00 A.M. at the Bridge Commission and the public is welcome to contribute support. Randy Flager also requested a walkway on the north bound side of the bridge.

Richard Hirschfield announced that Linc Bidding a contractor from New York, who was at the last meeting did meet with the Borough Engineer and he helped a great deal with suggestions. We still have control over the hours of operation and the Borough wants to maintain the Noise Ordinance. They will be riveting and sand blasting. Riveting is one hundred and ten decibels at the source and seventy decibels two hundred feet away. Sand blasting is one hundred and thirty decibels at the source and ninety decibels away. There are two proposals on the table one is 6 A.M. to 9 P.M. and the other is 6 A.M to 10 P.M. which is what Lambertville has approved.

PUBLIC PARTICIPATION ON EXTENDED HOURS FOR BRIDGE REPAIR:

Caroline Deckert mentioned that most of the merchants are in favor of extended hours.

Richard Hirschfield wanted to make clear that under either proposal the bridge will be open on the week-ends and under either proposal, the bridge will be open on Friday’s at 5:00 P.M.

Sharyn Keiser announced that the Bridge Commission does realize the dependence on the bridge with people without cars and did say they will have a shuttle service available.

Karen Grossman mentioned that she is a new resident and having just learned of the volume she may expect from the bridge repair, does not agree with the extended hours.

Bob Gerenser asked “Is the construction going to be on one side and progress across the river or will it involve the whole bridge at once?”

Richard Hirschfield answered “It will start on one side of the bridge and move over to the other.”

Elaine McNealy welcomed the new resident and also mentioned that this town is being revitalized and residents and merchants have to bite the bullet and the aggravation will be worth it.

Richard Hirschfield asked “How many business people do not support longer hours?” The vote was in favor of extended hours.

Richard Hirschfield asked “How many residents want 7 A.M. to 7 P.M. and how many residents want 6 A.M. to 10 P.M.” The vote was more in favor of longer hours.

Sharyn Keiser asked the residents on South Main Street their preference for extended hours. The vote was in favor of extended hours.

Caroline Deckert asked if the bridge will be discussed at any other meeting.

Richard Hirschfield answered “That this is the last meeting on the bridge.”

Doro Kerr mentioned that she is in a favor of fewer hours, but she sympathized with the merchants. She also asked if the noise will affect tourism.

Richard Hirschfield answered “Yes.”

PRESIDENT’S REPORT:
Richard Hirschfield announced Chestnut, Buttonwood and Parry Streets now have been dry trenched and the paving will not be done until mid September, allowing for water pipe installation. The major part of the project will begin in October after the Arts & Crafts Festival. It will start at Parry Street going down Main Street to Waterworks. It will be at the Waterworks sometime in December and at that point we will be able to water South Main Street through Mechanic Street where water will be available for domestic and emergency use. The rest of the project is dependant upon getting another well which they expect to have resolved in the next month or two and once that is on line, the Borough can move ahead. The work will be done in the parking lane only.

Bob Gerenser asked “What will the spacing be for the fire hydrants?”

Richard Hirschfield asked Fred Williamson to answer.

Fred Williamson, Fire Marshall, did not speak in the microphone and the dialog was lost.

Doro Kerr asked if the new well would affect her water.

Richard Hirschfield answered “It was discussed at length two years ago and the answer was no that there shouldn’t be a problem. If there is a problem Bucks County Water & Sewer will be responsible for it.”

Richard Hirschfield announced that the Borough Manager, John Tegley, will be retiring at the end of the month and to thank him for coming into New Hope during some difficult times.

Randy Flager thanked John Tegley.

Sharyn Keiser also wished John Tegley well.

John Tegley mentioned New Hope’s public process has improved greatly over the last three years which shows at the Council Meeting itself and that it has been a delight to work with everyone.

Colin Jenei commented “He felt like Luke Skywalker did when he found out Yoda was gone.”

Richard Hirschfield asked for a motion to appoint Janell Hammond as Acting Borough Manager at a salary of $22.00 an hour beginning September 1, 2003. Sharyn Keiser made the motion and Randy Flager seconded. The motion was passed by the following vote.

Richard Hirschfield asked for a motion to retain Bob Larason as the Zoning Officer for the Borough of New Hope effective Sept. 1, 2003 at an hourly rate of $45.00 an hour and not to exceed 70 hours per month. Jake Fell made the motion and Randy Flager seconded. The motion was passed by the following vote.

Richard Hirschfield announced that Bob Rynkiewicz will remain as the building inspector and the Code Enforcement Officer reporting to Bob Larason and this will all be effective September 2, 2003.

Richard Hirschfield asked for a motion to change JoAnn Connell’s title from Receptionist to Administrative Assistant along with a $1.00 per hour increase. Sharyn Keiser made the motion and Randy Flager seconded. The motion was passed by the following vote.

Richard Hirschfield asked for a motion under the Borough ordinance section 209 to delegate authority to Chief Rick Pasqualini to review and sign payroll and accounts payable checks. Randy Flager made the motion and Sharyn Keiser seconded. The motion was passed by the following vote.

MANAGERS REPORT:
John Tegley requested approval of Accounts Payable for August 12, 2003 in the amount of $74,785,80. Randy Flager made the motion and Jake Fell seconded. The motion was passed by the following vote.

John Tegley requested approval of Borough Payroll for July 23, 2003 in the amount of $41,775.83. Sharyn Keiser made the motion and Randy Flager seconded. The motion was passed by the following vote.

John Tegley requested approval of Borough Payroll for August 6, 2003 for $40,921.93. Randy Flager made the motion Randy Flager seconded. The motion was passed by the following vote.

PLANNING AND HARB:
Randy Flager made a motion to accept the recommendations of the Borough Planning Commission on classification of the “New Hope Art Museum’s” land development application (Tax Parcel #27-10-142) as a Minor Land Development Plan and Sharyn Keiser seconded. Richard Hirschfield also mentioned that there is a letter from the Borough Engineer and the Borough Solicitor classifying it as a Minor Land Development. The motion was passed by the following vote.

Randy Flager made a motion to accept the recommendation of the Historic Architecture Review Board and approve a permit for demolition of the portion of the building known as the Rivers Edge Restaurant/Zadars located at 50 South Main Street (Tax parcel # 27-010-142) in accordance with the recommendations of the Borough Engineer concerning site clearance standards.

Richard Hirschfield stated “There was another condition from HARB mentioned at the meeting on August 5, 2003 that the applicant comes back to HARB to present future plans for the record. Also, the conditions from the Borough Engineer and the Borough Solicitor must be met. He asked Randy Flager to read those to the applicant who was represented by Martin King Esq.

Randy Flager read the 9 conditions of the demolition as follows;
1. A demolition plan should be submitted to the Borough that clearly shows the entire tax parcel boundary, the portion of the building to be demolished and the location of all existing utilities.
Martin King Esq. answered “Will comply.”
2. There should be a plan/schedule for notification of all utility companies and adjoining property owners.
Martin King Esq. answered, “Will comply.”
3. The portion of the property disturbed during demolition should be restored to a safe and hazard free condition, including restoration of existing grades, to the satisfaction of the Borough Engineer and Zoning Officer.
Martin King Esq. answered, “Will comply.”
4. The applicant should indicate on the Demolition Plan the location of the temporary construction access and temporary safety fencing, walls, etc., including provisions for the safety to users of the property, offsite pedestrians and vehicles.
Martin King Esq. answered, “Will Comply.”
5. The applicant should include provisions to prevent erosion of all disturbed areas, including measures to stabilize the site in accordance with the requirements of the Bucks County Conservation District.
Martin King Esq. answered, “Will comply, however the Art Museum Engineer has advised the applicant that since this is a two stage development, the area involved will be less than one thousand feet and it isn’t required to comply but, the applicant will comply if that is needed.”
6. The applicant should include provisions for removal of demolition materials, including notification to Borough Council of the disposal site location.
Martin King Esq. answered, “Will comply.”
7. Demolition operation and all other associated construction activities should be limited to Monday through Friday, between the hours of 7:00 am through 4:00 pm.
Martin King Esq. answered, “Will comply.”
8. All demolition should be in accordance with Chapter 33 of BOCA.
Martin King Esq. answered, “Will comply.”
9. No demolition activities shall commence before Borough Council approves the final land development plans.
Martin King Esq. answered, “Will comply.”

Jake Fell seconded and the motion was passed by the following vote.

Richard Hirschfield announced that item D 1.)B will be voted on next.

Sharyn Keiser made a motion for the recommendation of a Certificate of Appropriateness for The New Hope Art Museum, 50 South Main Street based on the following approval and conditions:

APPROVALS
ITEM MANUFACTURER COLOR
Roof Atas or Engert Patina Green
Stucco Senergy Angora or Sherling
Lintels Continental or Dark Buff Limestone
Stone Brix, Inc. or No. 1130
Stone Eldorado Fieldledge
Custom
Windows Efco Medium Bronze

Conditions required by HARB upon completion of the construction plans-
Before construction begins.

-Soffits -Iron work grill (garage)
-Around windows and trim -All door, window & elevator shaft
-Lighting arrangement
-Signage -Iron work doors
-Metal Work -Closing parking gates
-All Hardware -Roof edge details
-Gutters -Final wood details
-All exterior details -All utility placement and how they
-Railing details are screened.

Randy Flager seconded.

Sharyn Keiser asked Martin King Esq. “When will the details for completion of these plans be presented to HARB?”

Martin King Esq. answered “Everything in the conditions is required for the building permits and it will probably be three weeks and added that it will be done very fast.”

The motion was passed by the following vote.

Randy Flager made a motion to accept the Borough Planning Commission and the Borough Engineer’s recommendations regarding preliminary and final approval of a land development plan for “The New Hope Art Museum” located at 50 South Main Street (parcel #27-10-142). Sharyn Keiser seconded and the motion was passed by the following vote.

Bill Shaffer introduced himself as representing Ralph Miller from the Bucks County Playhouse. He had a question regarding the preliminary and final approval for the Land Development of the New Hope Art Museum. He asked if that was the only fire lane that will be provided, during the Land Development he has an objection to begin construction assuming that is the only fire lane provided it is the position of the Playhouse that the vast majority of the fire lane is owned and entitled to the Playhouse and not the New Hope Art Museum. There is no agreement from the Playhouse to the applicant to use the fire lane. They want to delay the decision until this issue of the fire lane has been decided or that the decision be conditioned on the grounds of resolving the fire lane issue. Since the Playhouse owns the vast majority of the fire lane they are also requesting a party status in this application.

Colin Jenei answered that the playhouse cannot be recognized or recognized as a party because there is no court action there is only a review of a Planning review recommendation.

Richard Hirschfield asked Fred Williamson, Fire Marshall, to comment on the fire lane.

Fred Williamson stated that the fire lane has been enforced for twenty years that he knows of and he has been Fire Marshall for twenty six years. It is necessary where it is, if it was any closer it would put the fireman in danger.

Colin Jenei asked who was involved in that fire lane agreement and was there any formal documentation with the Borough. If an agreement cannot be reached by the two owners, this will have to be resolved in court.

Randy Flager made a motion to accept the Borough Planning Commission’s recommendations on the classification of the New Hope Solebury School District Community Association/ Track 2003 (Tax Parcel #27-6-65-1) land development plans as a Minor Land Development Plan. Sharyn Keiser seconded. Richard Hirschfield added that this was also recommended by the Borough Engineer and Solicitor and only involves the track. The motion was passed by the following vote.

Randy Flager made a motion to accept the recommendations of the Borough Planning Commission and the Borough Engineer and give preliminary and final approval of the application of the New Hope Solebury School District Community Association/ Track 2002 (Tax Parcel #27-6-65-1). Sharyn Keiser seconded. Richard Hirschfield stated that this is for the track only and the Planning Commission placed certain conditions upon its approval as follows;
1. For the Track only
2. Lights taken down cannot be put back up.
3. The Borough wants to see a complete plan of the area including the track location.
4. Egress and access comments that must comply with Borough ordinances that needs to be addressed.

Mike Sodl representing the School, agreed to all the conditions.
The motion was passed by the following vote.

Randy Flager made a motion to waive land development fees other than legal, engineering, and advertising for the New Hope Solebury School District Community Association/Track 2002, a not for profit association. All applicable fees to be paid prior to final approval of plans. Sharyn Keiser seconded and the motion was passed by the following vote.

Randy Flager asked for a motion for the acceptance of the recommendations of the Borough Engineer and releases any remaining security amounts for Riverwoods, section 1 (Heritage Construction Company.) Sharyn Keiser seconded. Richard Hirschfield stated that the amount is 137,355.97. The motion was passed by the following vote.

ZONING:
Randy Flager made a motion to recommend that the Borough instruct its solicitor to oppose the Zoning Application of Alan Rosenberg, Tax Parcel #27-10-171, of 150 South Main Street. Sharyn Keiser seconded and the motion was passed by 4 to 1.

HARB:
Sharyn Keiser made a motion for the recommendation of a Certificate of Appropriateness for The New Hope Visitor’s Center at 1 West Mechanic Street for landscaping conditional to details that need to be seen in a future presentation recommended by HARB. Randy Flager seconded and the motion was passed by the following vote.

Sharyn Keiser made a motion for the recommendation of a Certificate of Appropriateness for the New Hope Library on Ferry Street for exterior painting. Randy Flager seconded and the motion was passed by the following vote.

Sharyn Keiser made a motion for a recommendation of a Certificate of Appropriateness for 34 Chestnut Street a shingle roof. Randy Flager seconded and the motion was passed by the following vote.

COMMUNITY AFFAIRS:
Randy Flager on behalf of Geraldine Delevich mentioned that Topeo won first prize in the country for the American Craft Store in the Country. There were over one thousand applicants and he congratulated them.

PUBLIC WORKS:
Jake Fell announced that everything is moving along with the water a paving.

POLICE:
Richard Hirschfield asked for a motion accepting the request of Chief Pasqualini to purchase a “Vehicle Speed Monitor and Trailer” for use within the Borough at a price not to exceed $7000. Randy Flager made the motion and Sharyn Keiser seconded. The motion was passed by the following vote.

PUBLIC PARTICIPATION:
Caroline Deckert announced the Independent Merchants is having an event day on September 6, 2003 throughout town.

ADJOURNMENT: