Meeting Minutes

NEW HOPE BOROUGH COUNCIL
Regular Meeting
August 9, 2005
MINUTES

PRESENT: Richard Hirschfield, Sharyn Keiser, Ed Duffy, Randy Flager, Borough Solicitor Colin Jenei, Mayor Larry Keller, Borough Manager, John Burke and Chief Rick Pasqualini.

ABSENT: Geri Delevich, Rey Velasco and Jake Fell.

Richard Hirschfield asked for consideration to approve the minutes of the July 12, 2005 public meeting.

Randy Flager motioned to approve the minutes and Sharyn Keiser seconded.
The motion passed unanimously.

MAYORS REPORT

Mayor Keller administered the oath of office to Ms. Renee Fox for the position of a part-time police officer in the New Hope Borough Police Department.

Mayor Keller announced that Carl Lindsay, an attorney in New Hope for over 48 years, has a son, C.L. Lindsay, who just released a book called a “College Student’s Guide to the Law.” The Mayor recommended that any audience member with a child attending college should get the book.

PRESIDENT’S REPORT

Richard Hirschfield announced that there was no Executive Session this evening before the regular meeting.

Richard Hirschfield announced that the Borough just received $72,228.00 from the Bucks County Open Space Fund as a contribution toward the acquisition of the Ferry Street Park that the Borough recently purchased.

Richard Hirschfield announced that the Borough received eight bids for the design of the Ferry Street Park. The Revitalization Committee and Borough Council will review the bids and a decision should be made, possibly by the September meeting, to award the contract for design and construction management of the park. There will be several public hearings in regard to park design, which will be advertised this fall.

Richard Hirschfield announced the liability and comprehensive insurance premium from 2004-2005 to 2005-2006 decreased from $78,000 to $63,000. This is about a 20% reduction, including a primary reduction in the cost of the public officials liability coverage because the Borough’s track record has been very good for the last several years.

Richard Hirschfield asked for consideration of approving a $500.00 donation to The New Hope Eagle Fire Company in memory of Lester DeCoursey, who passed away a few months ago and worked for New Hope Borough for over 25 years and was a valued member of the New Hope Eagle Fire Company.

Randy Flager motioned to approve the donation and Sharyn Keiser seconded. The motion passed unanimously.

MANAGERS REPORT

John Burke asked for consideration of approving payment of the accounts payable for August 9, 2005, in the amount of $90,519.61; of payroll for July 20, 2005 in the amount of $45,599.47; and of payroll for August 3, 2005 in the amount of $43,648.98.

Ed Duffy motioned to approve payment of the accounts payable and payrolls and Sharyn Keiser seconded. The motion passed unanimously.

John Burke asked for consideration of adopting Resolution # 2005-15R, supporting the submission of three grant applications to the DRJTBC. The Commission is making 40 million dollars in transportation improvement monies available to municipalities that adjoin Commission facilities throughout the area. The three projects are: 1) a traffic signal upgrade at the intersection of Main Street and West Bridge Street, 2) a South Main Street bridge lighting project at the Aquetong Creek, the PADOT Bridge on South Main Street near the Playhouse, and 3) a streetscape improvement project on West and East Bridge Streets, from Solebury Township to the free bridge.

Joe Balderston asked Council to clarify “streetscape.”

John Burke answered that it consists of aesthetic and visual improvements along the roadway and could include shade trees, sidewalks, pedestrian crosswalks, etc. It is designed to help the flow of traffic and pedestrians.

Randy Flager motioned to adopt Resolution #2005-15R. Ed Duffy seconded.

The motion was approved unanimously.

John Burke asked for consideration of adopting Resolution #2005-16R, amending the schedule of fees for sign permits. This amends the fee schedule for zoning permits for signs in two ways. First, it states the application fee for a new sign that uses the original sign blank and mounting system will be 50% of the cost of the normal sign permit. Second, the application charge for a temporary sign permit will be applied towards the amount of the permit fee for the permanent sign. There were some situations over the summer in the Borough where people were using the same signs, same blanks for a store and were paying the price of the permit fee for a brand new sign. The amounts were excessive, considering that only the lettering changed on the signs. This now resolves that problem providing a more reasonable fee.

Richard Hirschfield asked for a motion to adopt Resolution #2005-16R.

Sharyn Keiser motioned to adopt Resolution #2005-16R and Randy Flager seconded. The motion passed unanimously.

John Burke asked for consideration to adopt Resolution # 2005-17R, establishing a schedule of fees and escrow deposit amounts for the Delaware River South Watershed Storm Water Management Ordinance. Last month Council adopted by ordinance the Delaware River South Watershed Storm Water Management Plan that was mandated for adoption throughout the Delaware River South Watershed by the Pennsylvania Department of Environmental Protection under the authority of Pennsylvania Act 167 of 1978. The Ordinance requires that filing fees and escrow amounts be collected with certain applications, and this resolution sets up the filing fees and escrow amounts that would be charged to applicants under the Strom Water Management Ordinance.

Sharyn Keiser motioned to adopt Resolution #2005-17R and Randy Flager seconded. The motion passed unanimously.

John Burke asked for consideration of approving a proposal by Penns Valley Publishers to update the New Hope Borough Code of Ordinances. The Borough last updated its Code of Ordinances in May of 2000. A Code of Ordinances should be updated at least once a year, if not more frequently. There is a proposal from Penns Valley Publishers, which is the Company that prepared the Borough’s Code in the past that brings it up to date since 2000. The cost will be in the amount of $8,988.25 and will include 15 complete binder copies, CD-ROMS, and also publishing the Code on the Internet. The Codes will be published on Penns Valley’s website, and we will provide a link on our website to Penns Valley Publishers. For anyone in the Borough who is curious about a law or ordinance of the Borough, there will be a search function and they will be able to look up a law and determine the requirements and penalties for violation. The project will take about six months to complete and next year the Borough should enter into a supplementation agreement that would provide a certain dollar cost per page for updating the code as we go along. In the future, once the codification is in place and a new ordinance is adopted, the Code will be updated on the website and we will probably update the physical documents once or twice a year. There is $10,000 approved in the 2005 budget for this project.

Richard Hirschfield asked for a motion to approve the package cost of $8,988.25.

Sharyn Keiser motion to approve the cost of $8,988.25 and Randy Flager seconded.

Doro Kerr asked if after the money is spent, would all the future revisions be a matter of very little money?

John Burke answered yes, and further explained that the reason for this high cost was due to the fact that the Code of Ordinances has not been updated in five years.

The motion passed unanimously.

John Burke asked for consideration of adopting Resolution #2005-18R, updating the New Hope Borough Emergency Operation Plan. The County requires that at least once every two years the Emergency Operation Plan be updated and reapproved by Council. This is the same plan that was approved by Council in October of last year. The only updating we are doing at the moment is to correct some of the telephone numbers on the List of Officials, which will be done in the next week. At that time the Emergency Operations Plan will be republished.

Richard Hirschfield asked for a motion to adopt Resolution #2005-18R.

Randy Flager motioned to adopt Resolution #2005-18R and Ed Duffy seconded. The motion passed unanimously.

John Burke announced a revised Minimum Municipal Obligation for the Police Pension Plan for 2005. The original MMO presented to Council last September called for a Minimum Municipal Obligation for the Police Pension Plan in the amount of $83,318.00. Over the course of the year, we can adjust that slightly and the difference now is a reduction to $81,577.00. State aid amounts approximately to $78,000 and will be coming to the Borough in the fall, which will leave the Borough with about $2,000 to contribute toward the Police Pension Plan in 2005.

Richard Hirschfield asked for a motion to approve the revised Minimum Municipal Obligation for the Police Pension Plan for 2005.

Ed Duffy motioned to approve the Minimum Municipal Obligation for the Police Pension Plan and Randy Flager seconded. The motion passed unanimously.

HARB

Ed Duffy motioned to approve issuance of Certificates of Appropriateness, as recommended by HARB, for the following applications.

1.) 1 South Main Street, Leslie Herson, corbel installation and exterior painting. Randy Flager seconded and the motion passed unanimously.

2.) 115 South Main Street, Joseph Wynne, sign installation. Randy Flager seconded and the motion passed unanimously.

3.) 30 West Bridge Street, Joann Gigliotti, for a sign installation. Sharyn Keiser seconded and the motion passed unanimously.

4.) 46 Old York Road, Joe Faraco, for porch work, roofing and repainting. Randy Flager seconded and the motion passed unanimously.

ZONING

Richard Hirschfield announced the next item on the agenda is a pending appeal by Finale Partners, LLC (Zoning Hearing Board Docket 292) for 15 East Bridge Street. Attorney William Benner represents the applicant.

Richard Hirschfield added that at the last regular meeting of Council, it was voted to send the Borough Solicitor to appear, not necessarily to oppose, this application and to use his best judgment on the many issues that are confusing in the application.

William Benner stated the principals involved here this evening are Steven Grabowski, the managing member of Finale Partners, Peter Stanfield, the project Architect, and the project civil engineer, Doug Ownsted from Boucher and James.

The property contains a series of commercial uses including three stores, which are all on the first floor, and four apartment units that are all on the second floor of the existing structure. The property has a series of non-dimensional nonconformities pertaining to building coverage, density, and impervious coverage and also parking. The property was purchased in April of 2004 and Finale Partners wanted to renovate the building and replace the one story structure that ran parallel to Bridge Street with a new building. Mr. Grabowski has met with the New Hope Borough Historical Architectural Review Board, the staff of New Hope Borough and the Planning Commission in March of this year.

Phase II of the project is the replacement of the one story structure. The building plans for Phase II show a net increase of building size amounting to 850 square feet. The plans and the zoning regulations are in conflict, which is why the application to the Zoning Hearing Board has been made. Borough Council is concerned with the number of variances applied for. Most of those variances are variations of the theme of the buildings’ existing nonconformities and because there is an 850 square foot addition, these nonconformities need to be validated.

Mr.Benner also understood that there is concern about constructing in the flood plain and felt that the civil engineer could prove the new construction will result in a net improvement. A portion of the existing building that has been remodeled under existing floor elevations is not in compliance with the floodplain regulations.

The Phase II will show compliance by having the bottom floor level elevated 18 inches above the 100-year flood elevation. Originally, Phase II was to be a restaurant, but it was decided after the Borough Staff discussion and the Planning Commission meeting that this idea would be abandoned and at this point the third retail use has not been determined. Open space is another issue to be discussed. Every effort has been made to design the amenities in Phase II to compliment that acquisition if it were to occur. There are no plans to trespass on the open space land.

The idea would be to have a use that is complimentary and include outdoor seating. Also, there is concern about the uses, which will all be explained in Peter’s presentation.

At this time plans were passed to all members of Council.

Peter Stanfield of Stanfield Associates stated the same mix and use of the original building is also proposed for the Phase II project. The proposed Phase II project is 1,627 square feet.

Richard Hirschfield asked what the difference in size is from the original footprint.

Peter Stanfield answered 848 square feet. Phase II went before HARB as a conceptual plan. There is currently an arch in the building included in the floor plan too. All mechanical and electrical equipment will be 18 inches above floodplain elevation and will comply with the building codes. The foundation system will be tied into the foundation walls to withstand the force of floodwaters.

Ed Duffy asked would you remove the sculpture on the park property.

Steve Grabowski answered it is not his property.

Richard Hirschfield commented that the presentation is suggesting not changing the uses and that currently there are 4 dwelling units and 2 retail stores in the original building and a retail store in the back. When reading the application, it is asking for the authorization to develop 4 dwelling units, a retail shop and a professional business use. Is there to be a professional business use in the back or a retail use, and are there 6 or 7 units?

Peter Stanford answered that it is proposed to be a retail use.

Richard Hirschfield commented that this is not what the application states.

William Benner stated the use of this building probably qualifies as a “dwelling in combination,” which is a structure that contains dwellings in combination with other uses. The definition of dwellings in combination is retail and professional offices and the plan is to have a dwelling in combination, and the combination use would be retail uses.

Richard Hirschfield asked how many retail uses are there.

Mr. Benner answered three.

Richard Hirschfield commented that the applicant needs 2,000 square feet per dwelling unit, and for two uses 4,000 square feet is needed, and for three uses 6,000 square feet is needed and asked if this was correct?

Mr. Benner answered yes. Before, there were three stores existing and four apartments existing. The redevelopment of the property will contain the same mix.

John Burke commented that the application talks about four dwelling units, a retail shop, and a professional business service use and includes a variance request to permit the professional and business office uses without the required parking and further asked that this be explained.

Steve Grabowski answered the Phase II section was originally to be a two story building. The second story was to be office space and the first floor was to be retail commercial use. This has changed and now the second story has been removed from the plan.

John Burke asked if the applicant would amend the Zoning Hearing Board application.

Colin Jenei asked Steve Grabowski if he is asking for four apartments and three retail uses, along with the variances he may need to do so.

Steve Grabowski answered that he would not change the uses that were originally there. It was always four apartments upstairs, two commercial uses on the first floor of Phase I and one attached commercial use in the back that is part of Phase II, which has been demolished.

Randy Flager commented that at one time there were two businesses there.

Steve Grabowski answered that there were always three.

Council discussed at this time that in the past there were less uses.

Randy Flager commented that on the plan distributed this evening there is no indication of where the demolished building was located.

Council discussed the location of the property line and the flooding that has occurred in the last 2 years, concluding that they did not want to encourage building in a floodplain.

Colin Jenei commented that one of the variance requests is from the structural requirement stating that the new reconstruction is no more than 50% of the market value. What building is being used to determine the market value?

Mr. Benner answered that he believes it is the entire building.

John Burke commented that in the presentation Mr. Benner stated that the bottom floor level will be elevated 18 inches above the 100 year flood elevation, but in the application there is a variance request to permit the reconstruction or expansion of a non- conforming structure in a floodway area by permitting the lowest floor elevation to be below the 100 year flood elevation. Mr. Burke asked what information is correct—the application or the presentation.

Mr. Benner was unaware that this was on the application and he probably filed it that way as a precautionary variance and later determined that the new construction will be above the flood plain.

Sharyn Keiser asked what will the intrusion be, as suggested in the application, in the back of the property.

Mr. Benner answered there is a parking area and a fence.

Ann Liebgold of 20 South Main Street commented that there is a problem with access into this property, except from Bridge Street, which only allows foot traffic, and there is no vehicle access at all. The Liebgolds’ access is being used for construction traffic and a fence of theirs has been taken down. The fence will be going back up and the access will not be available because the current activity is putting a hardship on the neighbors.

Joe Balderston, 8 South Main Street, commented that the building looks beautiful. Mr. Balderston asked about the 18 inches above the floodplain and where does that sit with respect to the floor level?

Mr. Olmstead answered 2 feet over the existing floor level and people will be stepping up into the Phase II building.

Joe Balderston asked about the access ramp.

Mr. Olmstead answered that there will be an access ramp.

Charlie Sahner of West Mechanic Street commented that he would like to see less junk food franchises.

Richard Hirschfield asked Council to go into Executive Session at 8:30 P.M. to discuss possible legal action.

Richard Hirschfield called the meeting to order at 8:38 P.M.

Richard Hirschfield asked the applicant how he plans construction without the access.

Steve Grabowski answered that he was surprised at Mrs. Liebgold’s comments. The alley access has been granted by the Vitart’s who own C’est La Vie. Carl Lindsay and the Liebgold’s also granted permission to use the access but with the comments this evening the whole project will have to be rethought.

Chuck Tarr asked how high the floor level would be because earlier the answer was 2 feet above grade.

Mr. Olmstead answered no. It is the relationship to the first floor of the Phase I building which is 2 feet higher.

Richard Hirschfield commented that this is clearer now and it will vary from 2 feet to 4 ½ feet from grade.

Mr. Benner commented that he fully understands that the issues are storm water and the structural issue associated in building in the floodplain, and the applicant will satisfy the Borough Engineer with respect to these issues.

Council recommended that the applicant rebuild from the existing footprint.

Randy Flager motioned to send the Borough Solicitor to the Zoning Hearing Board meeting to oppose the application of 15 East Bridge Street because of the proposed increase in the footprint of the Phase II building and the variances required to expand this building. Sharyn Keiser seconded.

The motion passed unanimously.

RECREATION BOARD

Sharyn Keiser asked that consideration of an appointment to the Recreation Board be tabled because the Borough has not received a letter of intent yet from someone interested in appointment.

Sharyn Keiser motioned to appoint Thomas Smyth to the Shade Tree Commission, term expiring December 31, 2009 and Randy Flager seconded. The motion passed unanimously.

Sharyn Keiser announced that Resolution 2005-10R authorized Council to appoint 13 members to the Revitalization Committee consisting of: two Council members, a resident of New Hope, one individual from the Planning Commission, Recreation Board, Shade Tree Commission, Historic and Architectural Review Board, Partners in Progress, New Hope Arts, New Hope Historical Society, Friends of the Delaware Canal, and Independent Merchants. Council has the option to appoint other residents, as stated in the Resolution, to any vacancy on the Committee where there is no one to appoint to the committee from a designated agency or organization.

Sharyn Keiser announced the current membership as follows:
Dee Dee Bowman, representing the Historical Society,
Sharyn Keiser, Ed Duffy representing Council,
Earl Bierman, representing the Recreation Board,
Charlie Huchet, as a resident representative,
Susan Taylor, representing Friends of the Delaware Canal,
Roy Ziegler, representing Partners in Progress, and
Connie Gering, representing the Chamber of Commerce.

Sharyn Keiser motioned to appoint Thomas Smyth to the Revitalization Committee term expiring December 31, 2009. Randy Flager seconded. The motion passed unanimously.

Sharyn Keiser motioned to appoint Gay Holloway to the Revitalization Committee term expiring December 31, 2009. Randy Flager seconded, and the motion passed unanimously

Sharyn Keiser motioned to appoint Joanne Baer, Edwin Hild and Elaine Daniels, residents of the Borough to the Revitalization Committee for terms expiring December 31, 2008. Randy Flager seconded, and the motion passed unanimously.

Sharyn Keiser announced that there will be a meeting of the Revitalization Committee on Monday, August 29, 2005 at Borough Hall at 7:00 P.M.

Sharyn Keiser motioned to approve the solicitation for bids for a Landscape Maintenance Program. The parks to service are: the Visitor’s Center, Parry Street, Ferry Street Landing, Randolph Street, and the Verizon Lot. Spring Cleaning and mulching will be accomplished at all parks by April 15, 2005 and a complete fall cleaning with the removal of dead material would be completed by October 15, 2005. All parks except for Verizon would be cleaned, pruned and watered once a week. The Verizon lot would be attended to every other week. Randy Flager seconded and the motion passed unanimously.

Sharyn Keiser motioned to approve the solicitation of bids for the Canal Walk Signage Program. The New Hope Master Plan, adopted by Council in April of 2001, called for the establishment of a signage program for the Canal Walk. There are to be directional signs at street crossings, key access points, and for parking.

The Revitalization Committee, with municipal support along with support from the Friends of the Delaware Canal, sought to utilize the D&L Heritage Corridor Commission staff using the Commission’s regional sign and design guidelines for use within this federally designated corridor. The standards developed for the signage are distinctive and supportive of the historic and natural resources that make the corridor nationally significant. The impact will be minimal on the historical nature of the Borough.

Sharyn Keiser at this point announced the complete sign implementation program, which is attached hereto. Randy Flager seconded, and the motion passed unanimously.

Richard Hirschfield on behalf of Council thanked Sharyn Keiser and the Revitalization Committee.

COMMUNITY AFFAIRS

Richard Hirschfield announced that there will be not be a Visitor’s Center Report this evening.

Richard Hirschfield announced that there were positive articles about New Hope in The Gazette by Sean Murphy on the American Style Arts Award and in the Allentown Morning Call newspaper.

PUBLIC WORKS

Richard Hirschfield announced that the paving of the Borough Hall parking lot and the Parry Street parking lot is completed. The speed hump was replaced on Waterloo Street, and a section of West Mechanic Street will be paved within the next few weeks, weather permitting.

POLICE COMMITTEE REPORT

OLD BUSINESS

NEW BUSINESS

Richard Hirschfield announced a discussion about a pending appeal to the Zoning Hearing Board, docket number 293, by Ed McGahan for T.M.P. No. 27-10-108 on New Street in the RB Zoning District. The applicant is seeking a 19-foot front yard set back variance from 25 feet to 6 feet.

Randy Flager motioned to oppose the application and Sharyn Keiser seconded.

Richard Hirschfield commented that this really is not that complex and should be decided by the ZHB without council opposition.

Ernie Bowman commented that most houses on New Street are as old as 200 years and there are no houses that meet the set backs.

Randy Flager at this time withdrew his motion and Sharyn Keiser agreed.

Richard Hirschfield asked for a motion to approve a temporary banner to be placed on the back of The Logan Inn building announcing buffet lunches. The banner will be displayed from August 15th to September 30th and is 3’ X 8’ in size.

Ed Duffy motioned to approve the banner and Sharyn Keiser seconded. The motion passed unanimously.

PUBLIC COMMENT

Joe Balderston commented that the sewage lift station project affected himself and New Hope a great deal and asked Borough Council to request that Bucks County Water and Sewer put pavers in instead of black top when they get to Fisher’s Alley.

Council commented that they will do everything they can to get that done.

ADJOURNMENT