Meeting Minutes

NEW HOPE BOROUGH COUNCIL
REGULAR MEETING
180 West Bridge Street
New Hope, Pa.
August 9, 2006
MINUTES

PRESENT: Richard Hirschfield, Ed Duffy, Rey Velasco, Claire Shaw, Randy Flager, Borough Manager John Burke, Borough Solicitor T.J. Walsh, Borough Engineer Craig Kennard, and Chief Pasqualini.

ABSENT: Geri Delevich and Sharyn Keiser.

Richard Hirschfield announced that item 8A, consideration of approving a name for the Borough Park at ferry Street, has been deleted from tonight’s agenda and will be scheduled at a future date.

Richard Hirschfield announced that the minutes of the July 12, 2006 Council meeting would be tabled until September.

MAYOR’S REPORT

Mayor Keller asked for consideration of adopting Resolution 2006-26R, designating Janell Hammond, Borough Treasurer, as agent for obtaining federal and state financial assistance for the June 2006 flood, pursuant to the Federal Stafford Act.

Rey Velasco moved to adopt Resolution 2006-26R and Claire Shaw seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

Mayor Keller asked for consideration of allowing the Eagle Fire Company Fire Police to assist with traffic control at the New Hope Auto Show on August 12 & 13, 2006.

Rey Velasco moved to approve the use of the Fire Police at the auto show and Randy Flager seconded.

Richard Hirschfield added that this is authorized by Resolution # 2006-5R, which allows the use of the Fire Police for special events such as the auto show, and asked for public comment.

The motion passed unanimously.

Richard Hirschfield announced at 6:00 P.M. this evening there was an Executive Session to discuss a real estate acquisition matter and the Division Street litigation matter.

HARB MATTERS

Richard Hirschfield announced a slight change in the order of the agenda and the use of a new technique, which is called a consent agenda, and asked for Ed Duffy to make a motion to approve Certificates of Appropriateness as recommended by HARB for items A-1 through A-11 under Section 6 of the agenda. If there is an objection to a particular item, it will addressed separately.

Ed Duffy moved to approve the consent agenda items and Randy Flager seconded.

Richard Hirschfield asked if there were any objections or any public comment.

George Hartpence of 105 Old York Road stated that he would like to comment on item number A-9, the application of the Raven.

Richard Hirschfield asked that item A-9 be deleted from the motion and asked Ed Duffy to amend the motion.

Ed Duffy amended the motion by removing item A-9 and Rey Velasco seconded.

Richard Hirschfield asked for consideration of approving items A1 through A8 and items A-10 through A11 for certificates of appropriateness.

The motion passed unanimously.

George Hartpence, George Kanovsky, and Pam Miller of Old York Road mentioned that the Raven would like to install a fence that it claims would be a sound barrier, but there was no testimony to the effectiveness of this fence as a sound barrier. They pointed out that the source of the noise is situated well above the proposed height of the fence and stated that the proposed fence would not be an effective sound barrier. They asked the Borough to continue to enforce its noise ordinance.

Ed Duffy commented that in reality the barrier for the noise would be the noise ordinance and the Liquor Control Board.

Richard Hirschfield asked for a motion for item A-9.

Ed Duffy moved to approve item A-9, an application by the Raven for a Certificate of Appropriateness, and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

MANAGER’S REPORT

John Burke asked for consideration of approving payments of accounts payable for August 9, 2006 in the amount of $89,054.96; of payroll for July 19, 2006 in the amount of $47,449.91; and of payroll for August 2, 2006 in the amount of $47,209.38.

Randy Flager moved to approve the accounts payable and payrolls, and Claire Shaw seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

John Burke announced a public hearing for Ordinance 2006-09, amending the noise ordinance. The Borough has received a proof of publication that this ordinance was advertised on July 27, 2006 in The New Hope Gazette. The proposed ordinance is an amendment to the New Hope Borough noise ordinance. The current ordinance allowed the Chief of Police to grant exceptions to the noise ordinance for public gatherings, performances, etc. The proposed amendment continues to allow the Chief to grant exceptions in all cases, except with respect to requests for exceptions by establishments licensed by the Liquor Control Board.

Richard Hirschfield asked for a motion to adopt Ordinance # 2006-09.

Ed Duffy moved to adopt Ordinance # 2006-09 and Rey Velasco seconded.

Richard Hirschfield added that allowing outdoor music where liquor is served placed the Chief in a bad position, and conflicted with LCB regulations. The local noise ordinance and LCB regulations will be consistent if this motion is passed. Mr. Hirschfield asked for public comment.

The motion passed unanimously.

John Burke announced a public hearing for consideration of adopting Ordinance # 2006-10. The Borough has received a proof of publication evidencing that this ordinance was advertised in The New Hope Gazette on July 27th, 2006. The purpose of the ordinance is to authorize the Borough of New Hope to enter into an Intergovernmental Cooperation Agreement with the boroughs of Yardley, Morrisville, and Bristol, along with the Delaware and Lehigh National Heritage Corridor Commission. The agreement authorizes the group to hire a consultant during the first year of this program to devise a regional downtown revitalization plan and to secure grant funds in the amount of $20,000 from the Commission and an additional $5,000 or $10,000 from the state to fund the consultant’s work. If the plan were accepted by the state, the group would establish a multi-year Landmark Towns Regional Revitalization Program, similar to the Main Street Manager Program, except that in the Main Street Program there is a manager for each individual municipality, while under this program there would be a single manager for all four municipalities. The manager would, in turn, work very closely with local revitalization committees, or the responsible agency designated by each municipality, to accomplish the goals of the revitalization plan. The next item on the agenda is the Intergovernmental Cooperation Agreement.

Randy Flager moved to adopt Ordinance #2006-10, authorizing participation in the Landmark Towns Regional Revitalization Program, and Claire Shaw seconded.

Richard Hirschfield asked for public comment.

Frank Deluca asked if the Committee would have any power of enforcement.

Richard Hirschfield answered no; it is just an advisory board right now.

Doro Kerr asked if New Hope would be the star of the group because New Hope is such a special community for destination.

Richard Hirschfield commented that all the municipalities have something in common: a downtown, a canal and the river.

The motion passed unanimously.

John Burke announced that the next item on the agenda is the agreement that is authorized by Ordinance #2006-10.

Randy Flager moved to approve the Intergovernmental Cooperation Agreement and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

John Burke asked for consideration of adopting Resolution #2006-25R, which would establish a schedule of fees for annual landlord registration statements and licenses and for inspections, only where necessary. Last month the Borough adopted a housing ordinance, which sets a maximum number of tenant or occupants in a rental dwelling unit based upon the standards found in the International Property Maintenance Code. This resolution simply provides a fee schedule for implementation of that ordinance. The fee schedule would be as follows: $25.00 per building which includes a maximum of one rental unit per building, plus $10.00 for each additional rental unit beyond the first. The first year of the program will run from now until February 28, 2008.

Richard Hirschfield asked for a motion to adopt Resolution 2006-25R.

Ed Duffy moved to adopt Resolution 2006-25R and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

Steve Coppens, who owns 12, 14, 16, and 18 West Bridge Street, asked what he would have to pay.

John Burke answered the fee is determined by structure, which is $25.00 per building including one rental unit, with each additional rental unit over one charged at $10.00.

Steve Coppens asked about the inspections.

John Burke answered that there are no mandatory inspections. The only time we would get involved in that is if we had a compliance issue.

Steve Coppens asked about the fire inspections.

John Burke asked Steve if he had a building with three or more rental units?

Steve Coppens answered yes.

John Burke commented that the Fire Marshall does have jurisdiction with respect to common areas in those buildings, not the units themselves.

Richard Hirschfield added that this only applies to residential units, not commercial.

Steve Coppens asked if this applies to employers by requiring them to obtain a document from each employee to be allowed to work for them.

Richard Hirschfield answered that the Borough is not interested in who people employ.

The motion passed unanimously.

John Burke asked for consideration of adopting Ordinance #2006-12, which authorizes participation in an Intergovernmental Cooperation Agreement with Solebury Township for the joint use of recreational facilities. The Borough has received a proof of publication evidencing that the ordinance was advertised in The Intelligencer on August 1, 2006. The accompanying agreement sets forth the terms of the cooperation agreement, stating that Solebury Township will continue to allow residents of New Hope Borough to enroll in Solebury Township sponsored programs such as basketball baseball, and soccer on the same basis as Solebury Township residents. This means they will pay the same fee as Solebury Township residents pay for the privilege of joining in those activities. The Borough will compensate the Township by paying $1,500 annually and will be guaranteed that payment amount for the first five years of the agreement. There will be a special capital contribution of $3,000, with $1,500 payable in 2008 and $1,500 payable in 2009. This will go towards an ambitious park improvement program in Solebury Township. The ordinance authorized the Borough and the township to enter into that agreement.

Richard Hirschfield asked for motions to adopt Ordinance #2006-12 and the Intergovernmental Cooperation Agreement.

Randy Flager moved to adopt Ordinance #2006-12 and Claire Shaw seconded.

Richard Hirschfield commented 12% or 13% of those who participate in Solebury sports are New Hope residents, and the Borough’s contribution works out to about $40.00 a year per user. Mr. Hirschfield asked for public comment.

The motion passed unanimously.

Randy Flager moved to approve the Intergovernmental Cooperation Agreement between the Borough and Solebury Township and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

John Burke announced a public hearing to consider the adoption of Ordinance #2006-11, establishing a stop intersection on westbound Mechanic Street at New Street and on northbound New Street at Mechanic Street. This is being done in conjunction with the New Canal Street development. There will also be a “stop ahead” warning sign placed on West Mechanic Street. This ordinance was advertised in The Gazette on July 27, 2006 and a proof of publication has been received.

Claire Shaw moved to adopt Ordinance #2006-11 and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

John Burke asked for consideration of authorizing the Director of Public Works to hire Mark J. Roberts, starting August 21, 2006, as an Equipment Operator at the rate of $18.00 per hour, subject to a 90-day probationary period and the terms and provisions of the New Hope Employee Handbook.

Richard Hirschfield commented that Mr. Roberts has a wonderful resume and the Borough is lucky to get this man.

Randy Flager moved to authorize the Public Works Director to hire Mr. Mark Roberts and Rey Velasco seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

PLANNING AND ZONING MATTERS

Richard Hirschfield announced the next item on the agenda is consideration of approving a preliminary/final plan of land development, submitted by Walter G. Melson, for T.M.P. No. 27-3-7 and 27-3-11-1, located at 170 Old York Road in the RB zoning district. Mr. Hirschfield asked Mr. Melson to begin his presentation.

Walter Melson introduced himself and Dan Gray from Knight Engineering.

Dan Gray stated that this building once housed The Gazette and a wholesale seafood distribution center. Mr. Gray stated that his client agrees with all the Borough Manager’s and Borough Engineer’s recommended conditions of plan approval.

Richard Hirschfield introduced a draft letter by John Burke to Mr. Walter G. Melson, dated August 9, 2006, listing 25 conditions of approval and asked Mr. Melson if he accepts all the conditions.

Dan Gray stated agreement with all proposed conditions.

Richard Hirschfield asked Mr. Melson to state for the record if he agrees with the conditions.

Mr. Walter Melson stated, for the record, that he accepts and agrees to the 25 conditions.

Dan Gray stated that the existing building would be used. They will provide a new parking area and pave the exiting gravel driveway and parking areas. There will be an additional widening along the frontage to match other roadway improvements in the area. The driveway entrances will be narrowed down to fit better into the community. There will be low-level lighting to meet the Borough requirements, and they will clean up the building and property and provide landscaping and other features that are generally required.

Frank DeLuca asked if they are going to pave the lot and where is the runoff going to go?

Mr. Gray responded that the existing property has a ridgeline that runs right along the front driveway that exists now. They have taken the water that was originally going down Old York Road and diverted it back into the rear of the property. There will be a small outlet filter at the top of the embankment where there is a small berm that wraps around the parking lot now, and they are going to filter the water and slowly release it into the stream in the back of the property. They have graded the front and provided a little bit of an embankment and channeled the runoff as it comes down and around into the parking areas by adjusting the pavement grades. The pavement on the interior part of the site will be lifted and pushed back.

Craig Kennard commented some characteristics of the flow will change, but, over all, it is still the same impervious stone. The applicant went above and beyond the ordnance requirements to manage runoff.

Richard Hirschfield asked the Borough Engineer, if, in his opinion, there will be less runoff onto the street than currently exists.

Craig Kennard yes.

A resident asked what is the proposed use of the property.

Dan Gray answered that back in 2003 the applicant went to the Zoning Hearing Board and received approval to put in 4,300 square feet of retail space, 1600 square feet of professional office space, excluding medical offices, and an existing 960 square foot residential use, which will remain.

Richard Hirschfield commented that they are essentially the same uses.

A Solebury Township neighbor, Mr. Snyder, commented that the current plan cuts access completely to his driveway, and this needs to be addressed.

Dan Gray answered that he has made changes to the plan to provide an access easement for this individual’s property through the Melson property. There should not be any problem and offered the neighbor a current plan.

Dee Ross commented that the mother-in-law has living rights at that location, and she is hoping that her mother-in-law will continue to live at that location.

Dan Gray answered that they are aware that she has life long rights to the property.

Mr. Snyder asked how he would gain access to this easement.

Craig Kennard answered that there are no recorded legal rights to that passage, which may be a legal issue for the parties to resolve in court.

Dan Gray commented that Melson is willing to work with the resident to avoid any future legal issue.

Frank DeLuca asked what kind of traffic this will create on a “no though” street.

Dan Gray stated that it depends on what kinds of retail stores will be there.

Richard Hirschfield asked for a motion to approve the Preliminary/Final plan of land development, submitted by Walter G. Melson, for T.M.P. Nos. 27-3-7 and 27-3-11-1, subject to the 25 conditions in the Manager’s letter, dated August 9, 2006, to Walter G. Melson.

Ed Duffy moved to approve and Randy Flager seconded.

Richard Hirschfield asked for public comment.

The motion passed 4-1-0 by the following vote:

Richard Hirschfield asked for a motion to approve an amended plan of land development for Canal Street, submitted by 28 Mechanic Street Investors, L.P., for T.M.P. Nos. #27-10-59, 83, 83-1, 84, 85, 86, 87, 87-1, located on West Mechanic Street, between Stockton Avenue and the canal in the CC and R2 Zoning districts. This plan reduces the number of units from 21 to 20. There are 15 recommended conditions of approval in a letter, dated August 9, 2006, from Borough Manager John Burke to George Michael. This letter incorporates all conditions previously agreed to by the applicant.

Richard Hirschfield asked Mike Carr, Esq., who represents George Michael, and Mr. Paul Michael if they agree to the recommended conditions.

Mike Carr stated agreement with all proposed conditions.

Paul Michael also expressed agreement and apologized for his father, George Michael, who could not attend tonight’s meeting, and thanked Borough Council.

Rey Velasco moved to approve the plan, with the Manager’s recommended conditions of plan approval, and Claire Shaw seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

Richard Hirschfield commented that Council would like the project to move forward as soon as possible.

COMMUNITY AFFAIRS

Rey Velasco announced the Visitor’s Center report for the month of July as follows:

Visitors 3,241
Calls 636
Brochures 23
Sales $81.50
Donation $521.27

Rey Velasco announced the New Hope Automobile Show on August 12th and 13th from 9:00 A.M. to 5 P.M. both days. Anyone interested in a brochure can see Mr. Velasco after the meeting.

Joanne Bitner asked if the calls to the Visitors’ Center include hits on E-mail.

Richard Hirschfield answered no, but that would be an interesting fact to get and thanked Joanne.

Rey Velasco announced that the Second Saturday Event for businesses is approaching again. This event offers various attractions around town including activities during the weekend.

OLD BUSINESS

None

NEW BUSINESS

Barry Ziff presented information focusing on the recent flood. Mr. Ziff offered alternatives and suggestions to mitigate flooding along the Delaware River. (See attached.)

Richard Hirschfield commented that Council would take Barry Ziff’s recommendations under consideration.

Richard Hirschfield asked for a motion to adopt Resolution No. 2006-27R, authorizing the County of Bucks to serve as lead agency for submission of a Hazard Mitigation Grant application on behalf of municipalities affected by the June 2006 flood.

Ed Duffy moved to adopt Resolution No. 2006-27 R and Randy Flager seconded.

Richard Hirschfield asked for public comment.

The motion passed unanimously.

PUBLIC COMMENT

Steve Coppens stated that he is opposed to the use of public funds to buy-out or elevate flood prone properties. Mr. Coppens also inquired about the status of his damage claim against the BCWSA water system installation contractor and complimented HARB for the work it accomplished at its last public meeting.

Joanne Bitner asked what could be done about the excessive noise from motorcycles and also inquired about the possible removal of the wing dam.

ADJOURNMENT