Meeting Minutes

NEW HOPE BOROUGH COUNCIL
Regular Meeting
September 9, 2005

PRESENT: Richard Hirschfield, Ed Duffy, Geri Delevich, Rey Velasco, Jake Fell, Randy Flager, Borough Solicitor Colin Jenei, Mayor Larry Keller, Borough Manager John Burke, Borough Engineer Craig Kennard, and Chief Rick Pasqualini.

ABSENT: Sharyn Keiser

Richard Hirschfield called the meeting to order at 7:45. P.M. and apologized for the delay, explaining that it was due to the injury of a student that occurred a short while ago on the school playing field.

Richard Hirschfield asked that after the Pledge of Allegiance the audience remain standing for a moment of silence to honor the victims of Hurricane Katrina.

Richard Hirschfield asked for a motion to approve the minutes of the August 9, 2005 Council meeting.

Randy Flager motioned to approve the minutes and Ed Duffy seconded.

Richard Hirschfield asked if there were any additions or corrections to the minutes.

The motion passed unanimously.

MAYOR’S REPORT

Mayor Keller announced that the last couple of weekends have been busy in town showing New Hope becoming it’s old self.

Mayor Keller encouraged the audience to participate in the Aids Walk coming up in two weeks from this past Sunday, starting at 10:00 A.M. It is a seven-mile walk, and F.A.C.T is sponsoring this benefit event.

PRESIDENT’S REPORT

Richard Hirschfield announced that there was an Executive Session held prior to the regular meeting at Borough Hall to discuss the Begg litigation matter, the Dock Street litigation matter, and a real estate acquisition matter.

Richard Hirschfield introduced Les Isbrandt, President of the New Hope Historical Society, to present a proposed historic site marker program recommended by HARB.

Leslie Isbrandt of the New Hope Historical Society stated that the Society was formed in 1958 to foster an interest and enthusiasm about the history of New Hope. One of the very first projects that the New Hope Historical Society took on was to place historic site markers throughout the town. There are not many of them left today. (At this time, Mr. Isbrandt presented an old sign to Council and the public.) In total, the Historic Society placed about eight or nine site markers around town. Over time, these signs have gotten completely worn out. The new markers will educate people about the past and help people appreciate what has happened here. These signs will be placed around town replacing existing markers and adding new markers. All signs are authoritative and will meet the concepts of readability, uniformity, durability, accessibility, and safety. Funding has been secured from two sources: a private donation by Joe Knox and Rick Sweeney and a grant to the New Hope Historical Society from the Pennsylvania Department of Community and Economic Development, sponsored by Senator Joe Conti. They have consulted on this project with the Pennsylvania Historic & Museum Commission, PADOT, and Lake Shore Industries, which manufactures all of the signs for Pa. Historic and Museum Commission, as well as John Burke and HARB. (See Exhibit A-1 through A-16 for specifications, locations and details of the signs.)

Richard Hirschfield asked for a motion to approve a Certificate of Appropriateness for the historic site marker program for the New Hope Historical Society.

Rey Velasco made that motion and Randy Flager seconded. The motion passed unanimously.

Les Isbrandt announced that the New Hope Historical Society and the New Hope Borough Recreation Board would be dedicating five park benches at the Ferry Landing Park next Friday evening at 6:00 P.M. There will be a short ceremony and the speakers are the Mayor, Sharyn Keiser, Les Isbrandt, Carl Lindsay and the Chair of the Park and Recreation Board, Earl Bierman. The benches were donated to honor the five founders of the Society who signed the Articles of Incorporation.

Richard Hirschfield thanked Les Isbrandt for the wonderful job he is doing with the New Hope Historical Society and the impressive progress that they have made.

MANAGER’S REPORT

John Burke asked for consideration of approving payment of accounts payable for September 13, 2005, in the amount of $150,134.52; of payroll for August 17, 2005 in the amount of $44,679.68 and of payroll for August 31, 2005 in the amount of $43,770.32.

Ed Duffy motioned to approve the accounts payable and payrolls and Rey Velasco seconded. The motion passed unanimously.

John Burke explained that Pennsylvania Act 205 sets the financial standards for municipal pension plans. The Act requires the Chief Administrative Officer to certify to Council in September of each year the minimum municipal funding obligations for the plans for the following year. The projections that our actuary has provided indicate that the minimum municipal obligation for the Police Pension Plan in 2006 will be $80,228.00 and for the Non-Uniform Pension Plan, $14,949.00. A considerable portion, if not upwards of 80% or more of those amounts, will be funded by state aid.

John Burke announced that the Recreation Board has proposed that a donation letter be mailed again this year to all Borough residents. Earl Bierman, the Chairman of the Recreation Board, was present to answer any questions. This was the same letter sent out last year by the Recreation Board to all residents.

Richard Hirschfield asked for a motion to approve the solicitation letter for the New Hope Borough Recreation Board Park Gifts program.

Randy Flager motioned to approve and Jake Fell seconded. The motion passed unanimously.

John Burke announced that the Recreation Board, at their last meeting, recommended installation of a drip irrigation system at the Ferry Landing Park. The cost of the irrigation system is $2,160 installed, and the Borough must hire a plumbing contractor to make the connection to the public water supply system. The cost estimate for the plumber is approximately
$1,500.00, bringing the total installation cost to $3,360.00. In addition, there would be annual maintenance costs for winterization, spring start up and water usage approximating $266.00 dollars per year.

Richard Hirschfield asked if this is being awarded to Kear Construction?

John Burke answered yes.

Richard Hirschfield asked for a motion to award contracts for construction and installation of a drip irrigation system including construction, plumbing and maintenance costs.

Ed Duffy motioned to approve and Rey Velasco seconded. The motion was approved unanimously.

John Burke asked for consideration of awarding a contract for design, engineering, and construction administration services for the proposed Ferry Street Park, subject to approval of the award and contract by the Bucks County Department of Community and Business Development. The approval of the County agency is necessary because the Borough will be using $16,700.00 in federal Community Development Block Grant monies to fund a portion of the design costs. Bids were solicited by advertising in local newspapers. The bid deadline was 12 Noon on Thursday, August 4, 2005, and we received a total of eight proposals by the bid deadline. The low bid is Pickering, Corts and Summerson. The Revitalization Committee has met on this matter and the Revitalization Committee has recommended that the contract be awarded to Pickering, Corts and Summerson of Newton Pa. in the amount of $38, 500.00.

Richard Hirschfield commented that there were several very good proposals and after equalizing the bid prices, Pickering, Corts and Summerson was the lowest bidder by several thousand dollars. Mr. Hirschfield asked for a motion to award the contract to Pickering, Corts and Summerson.

Randy Flager motioned to award the contract to Pickering, Corts and Summerson and Rey Velasco seconded.

Richard Hirschfield commented that the bids ranged from $38,500 to $80,900. He stated that the design process would have a lot of public input including public meetings of the Revitalization Committee and Council over the next few months.

The motion passed unanimously.

John Burke asked for consideration of authorizing the solicitation of bids for purchase of directional signs for the Canal Walk Signage Program. The Borough has a $20,000 grant supplied by the Delaware and Lehigh National Historic Corridor Commission for the signs. The Borough has already bid this project once and no bids were received. The first bid opening was Friday September 2, 2005. It is recommended that Council again solicit bids, which will be advertised in accordance with the Borough Code. Pennsylvania law states that if there are no bids received within 45 days of the second advertisement, the Borough is allowed to negotiate to purchase the signs.

Richard Hirschfield asked for a motion to authorize a rebid for the directional signs for the Canal Walk Signage Program.

Geri Delevich motioned to approve and Jake Fell seconded.

The motion passed unanimously.

John Burke asked for consideration of an agreement with Consequences Productions, L.L.C. to allow the use of Borough Hall as a location for a commercial film project. They are proposing to use the Borough Hall as a location for about three hours on Wednesday, September 28, 2005 from 3:00 P.M. to 6:00 P.M. Mr. Burke introduced Steven Stahl, the Director.

Steven Stahl announced that this is the first time the film company is coming before Council for permission to be in New Hope. The basic idea is to film as much as they possibly can in the Bucks County area. The film is incorporated as an L.L.C. called Consequences and each film will be incorporated on its own, and the company is Old World Productions in Association with Y Not and Fin pictures and is located at 244 South Main Street. Steve Stahl asked Council for permission to use Borough Hall for a three hour period for their movie and introduced the following people involved with the production: Timothy McMurtry, Producer; Tony Hipple in charge of development; Screen Writer Pina Hipple, who is also is Executive Producer; and Keith Mowen, the Line Producer.

Colin Jenei has reviewed the contract the company provided Borough Council and wanted to clarify a few items on it and confirm the following: New Hope Borough will get film credit; this is only for one film; shooting in Borough Hall will involve three pages of dialog taking three hours, exceeding no more than ½ a day; and if any emergency occurs they would cease production and waiver liability.

Richard Hirschfield asked for a motion to approve the agreement with Consequences Productions L.L.C for the use of Borough Hall for a commercial film for approximately three hours, with a tentative date of September 28, 2005.

Geri Delevich motioned to approve and Randy Flager seconded.

The motion passed unanimously.

Rey Velasco asked if the Chief or the Mayor had any comments to add to this and they did not.

John Burke asked for consideration of Resolution No. 2005-19R, authorizing submission of a Transportation and Community Development Initiative Grant application to the Delaware Valley Regional Planning Commission, noting that this has been recommended by the Borough’s Grants Coordinator, Rob Loughery, and supported by vote of the Revitalization Committee.

Richard Hirschfield asked John Burke to please clarify.

John Burke explained that eligible activities under the grant must serve to improve the climate for redevelopment in communities and enhance community character and improve the overall quality of life for residents. There are a number of eligible areas to be considered including community visioning processes, circulation, transportation plans, neighborhood redevelopment plans, and capital improvements.
Richard Hirschfield added that the grant application has not been prepared yet.

Randy Flager motioned to approve submission of the grant application and Geri Delevich seconded.

The motion passed unanimously.

John Burke asked for consideration of Resolution No. 2005-21R, authorizing submission of a grant application for park improvements at the new Ferry Street Park to the Pennsylvania Department of Conservation and Natural Resources. The deadline for this application is September 30, 2005. The Borough might, if successful, expect to receive approximately $40,000 toward the development of the new Ferry Street Park. This grant application was recommended by the Revitalization Committee at its last public meeting and is being prepared by Rob Loughery.

Richard Hirschfield asked for a motion to approve Resolution No. 2005-21R to submit a grant application for park improvements to the Pennsylvania Department of Conservation and Natural Resources.

Rey Velasco motioned to approve and Randy Flager seconded.

The motion passed unanimously.

John Burke asked Council to consider waiving all water system permit connection fees through December 31, 2005 for all Borough property owners who wish to connect to Bucks County Water and Sewer Authority’s public water supply system. The normal charge for the connection permit is $125.00. Bucks County Water and Sewer Authority has recently agreed to extend the deadline for the initial $1,500.00 connection fee charged by the Authority for Phase I customers until December 31, 2005. Phase I is the construction that was completed last year (2004) in the Borough.

Richard Hirschfield asked for a motion to waive the connection permit fees through December 31, 2005.

Rey Velasco asked if the Phase II connection permit fee of $125.00 would be waived as well.

John Burke answered yes that Council has already approved this.

Joe Balderston asked if the excavation could be done prior to hook-up.

Richard Hirschfield answered yes.

Randy Flager motion to approve and Rey Velasco seconded.

The motion passed unanimously.

HARB/PLANNING/ZONING

Ed Duffy motioned to approve Certificates of Appropriateness for the following projects:

1.) 19-21 North Main Street, by Paul Balderston & Ellen Balderston Karp, for exterior painting. Randy Flager seconded. The motion passed unanimously.

2.) 115 South Main Street, by Classy Nails for sign installation. Randy Flager seconded. The motion passed unanimously.

3.) 1 South Main Street, by Leslie Herson, for the installation of 4 windows, doors and ornamental details. Randy Flager seconded. The motion passed unanimously.

Richard Hirschfield asked for a motion to approve a preliminary/final plan of major subdivision and land development for Canal Street, submitted by New Hope Condo, LLP, for T.M.P. Nos. 27-10-59,-83,-83-1,-84,-85,-86,-87, & -87-1, located at the northeast corner of the intersection of West Mechanic Street and Stockton Avenue in the CC and R-2 zoning districts. Mr. Hirschfield explained that this application started out as 60+ units and is now down to 21 units and has Zoning Hearing Board, Fire Marshall, and Planning Commission approval. HARB has approved the demolition, and the applicant will be appearing before the HARB Board one more time for the facades. Mr. Hirschfield introduced Attorney Mike Carr, representing developer George Michael.

Mike Carr, Esq. introduced Tim Stout, the project engineer from Pickering, Corts and Summerson; Architect Scott Bernard from Minno and Wasko; and applicant George Michael, who are all prepared to answer questions.

Scott Bernard, Architect, stated that there are 21 different townhouses arranged along West Mechanic Street and along a new internal street, which backs onto the canal. The approach architecturally is to try and replicate the process by which New Hope has developed over time. The homes will be unique and sympathetic with all the historic materials that exist at present, such as stucco, siding, and stone. Roofing materials will be varied, with dimensional shingles, metal roofs and simulated slate roofs. The styles of the homes are not modern “Mac Mansions”, they are modest in scale, with double hung windows and grills and shutters. All roofs will slope and will duplicate the historic detail that is in New Hope today. The houses are townhouses and, for the most part, three stories in height. On Mechanic Street, you will see a two-story house with the garage in the rear at the lower level. The houses that front on the internal street will have garages facing out and have a view of the canal behind them. The units will feature living rooms, bedrooms, and decks.

Tim Stout, Project Engineer, stated that the original plan showed the driveway in the same place as the existing driveway, and the driveway did not meet the Borough’s current Subdivision and Land Development Ordinance because it contained a very steep 20% slope. The newly proposed driveway lines up with New Street so there will be a regular intersection with stop signs on West Mechanic Street. The driveway will now be a 2 to 3 % slope as opposed to 20%, which will be better in the winter. There will be streetscape provided and improvements along West Mechanic Street. The developer will pave from the newly paved area completed last year by the BCWSA back to the property, install brick pavers for the sidewalk, and improve the curb line radius going into Stockton Avenue. The existing site is mostly a stone parking lot and they are proposing wetland plantings, removal of the stone, and the planting of grass to produce a wetland effect. There will be a buffer area behind the properties and a fence, which was requested at the last Planning Commission meeting. The water & sewer system will be public, and they will be dedicating the sewage lift station to the Bucks County Water and Sewer Authority. Trash pick up will be individually contracted. The existing building extends to the wall of the canal. They are going to demolish that building and the new construction will not extend to the canal property. Instead, there will be grass plantings from the canal wall back to the property line providing a nice walkway. The historic building indicated as number 4 will be the only structure to remain and to be restored. In front of some of the units there will be individual patio areas, which will be individual to each property owner.

Richard Hirschfield opened the meeting for public comment.

Joe Balderston commented that he was glad that the demolition would be moving forward because of the existing fire hazard. Mr. Balderston also asked if the inner road will be coming out across from New Street.

Tim Stout answered yes it is.

Joe Balderston asked how high are the homes located on West Mechanic Street in the rear and will they meet the 35-foot standard in the zoning ordinance.

Tim Stout answered yes they will meet the ordinance requirements.

Joe Balderston asked what kind of windows they are putting in.

Scott Bernard answered they are planning on a Marvin Integrity Simulated Divided Lite Window.

Richard Hirschfield added that the applicant has to go back to HARB for this approval.

Les Isbrandt asked if people will people see the front of the homes or the back of the homes from along the Canal Walk and Ingham Creek.

Tim Stout answered the back of the homes.

Bob Gerenser asked for an original restoration of the historic building.

Tim Stout answered that they are not going to historically renovate it back to its original state but they will restore it in a very sympathetic way. It has very low 7 foot high ceilings. The first floor will be left alone because that can’t be altered and they are going to replace some of the unsympathetic windows with more authentic windows along with raising the roof.

Bob Gerenser commented that the historic building should be restored to its original state.

Elaine McNealey asked how long the project would take.

George Michael answered that depending on when all the permits come through and taking into account that this is not a typical job, it should take about three years to complete.

Charlie Sahner commented that this project should not be voted on tonight and discussed work being done at that location for the New Street Project without prior approval. Mr. Sahner expressed concern with construction and the procedures needed to be in place for safety and traffic accessibility. He added that the commercial part of West Mechanic Street is diminishing.

George Michael answered that the activity at The New Hope Inn site was due to the removal and storage of material for the New Street Project to avoid blocking traffic on New Street.

Ronald Gering commented that this project at first promised a restaurant and additional commercial spaces with living spaces above the retail spaces and now it is all residential. Mr. Gering is also concerned with the loss of commercial space along West Mechanic Street and wants consideration to insure that this project will blend in with the streetscape.

Joe Knox commented that he fears HARB guidelines are not being enforced with the Canal Street project and expressed his disappointment with this same project not having any commercial space. Mr. Knox used the New Street project as a current example where HARB guidelines were not recognized at all.

Richard Hirschfield commented that the Canal Street project must go to HARB with the material list for approval.

Nora Wertz of 49 West Mechanic Street complained about construction noise on New Street and expressed discontent with the New Street Project.

Richard Hirschfield confirmed this.

Ian Haight-Ashton, 31 West Ferry, commented that he would like to see the historic building addressed separately in the plans.

Charlie Sahner stated that since the street is going to be changed from the way Mechanic Street currently is now, he would like to see the gas lamps back, new sidewalks down both sides of the street, and signs telling people that there are businesses on Mechanic Street and further added that they do not want anymore residential projects beyond the canal bridge.

Joe Balderston stated his understanding that sidewalks are replaced at the property owner’s expense.

Richard Hirschfield asked Council for comments.

Rey Velasco confirmed with George Michael that the townhouses will be built 10 feet back from the Canal, where there would be grass and the decks people will see will be wooden with metal railings including stone supports. Mr. Velasco asked if the curbs to be replaced will be uniform and would they be Belgian blocks?

George Michael answered that if he is approved for that type of curb, he will install them.

Tim Stout added that they are proposing concrete curb at the moment.

Ed Duffy commented that the 41 items in the approval draft really address the concerns of the merchants and residents and suggested that it be distributed. There would be ongoing negotiation and flexibility for this project and that is the very reason HARB is in place is to ensure that the proper materials will be used.

Randy Flager asked if the current parking lot would be restored.

George Michael answered yes with wetlands materials and grass.

Randy Flager asked if the Association for Canal Street would be responsible for the maintenance of the portion on the other side of the creek.

George Michael answered yes.

Randy Flager commented on the disjointed look of West Mechanic Street and asked if Mr. Michael has any plans to make the rest of the street uniform to reassure the residents and merchants.

George Michael answered that he has offered to share in the costs of replacing sidewalks east of the Canal Bridge.

Randy Flager asked if Mr. Michael could do the street lighting for the whole street to make it uniform.

George Michael answered that they do not have a proposal ready for lighting yet, but he can’t afford to do anymore than what he is doing for the Borough abutting his project.

Randy Flager asked Mr. Michael to confirm that none of these units would be in the floodway.

Mr. Michael confirmed this.

Geri Delevich expressed concern with protecting the commercial area.

Geri Delevich asked why Mr. Michael is asking for a waiver to allow 12 spillover parking spaces in place of the required 21 spaces.

George Michael answered each townhouse can park four cars and they feel that this is enough parking.

Geri Delevich announced that George Michael has agreed to donate $200,000 to the Borough and further added that she agrees that there should be some uniformity with the street lighting along West Mechanic Street.

George Michael answered that the lighting will be as close to the existing lighting as possible and that he would be willing to donate six lights if the Borough would install them.

Geri Delevich asked that there be regular scheduled meetings to discuss this project possibly two or three times a month, to include minutes.

Council agreed the Borough will have construction meetings at Borough Hall once a month in regards to the Canal Street project and Mr.Michael will prepare minutes.

Geri Delevich asked if the fire company approved access for their emergency vehicles.

George Michael answered that the fire company said they wouldn’t have a problem.

Geri Delevich asked about the building for rent on the other side of the canal.

George Michael answered the building is offered rent-free.

Charlie Sahner commented that there is no electricity.

Geri Delevich asked if the Mechanic Street residents and merchants could use this building.

Charlie Sahner answered they want to support the arts.

Geri Delevich asked if this building could be offered to some other group in town.

George Michael stated that he hasn’t heard from anyone on his offer of free rent.

Richard Hirschfield asked Mr. Michael to extend the offer to the end of the month and George Michael agreed.

Geri Delevich asked if they could stop construction work at 5:00 P.M. on Fridays instead of 7:00 P.M.

George Michael agreed.

Geri Delevich asked to set aside escrow money specifically for traffic signage in the area of the development, citing an amount of $3,000.

John Burke added that this money would be used for stop signs, regulatory signs, speed humps and traffic calming and that this money would be held for one year after the Borough Engineer has signed off on the completion of the improvements.

Geri Delevich recommended that Mr. Michael use the art aspect to market these town homes to appeal to art lovers.

George Michael answered that they are not at the point where this can be addressed.

Jake Fell commented that the approval draft seems to cover the project pretty well.

Mayor Keller commented that he had some hard experiences during the construction of Union Square, but feels the final product was successful and urges the residents and merchants to have patience with the Canal Street Project because the outcome will be beneficial to New Hope.

Mike Carr commented on item 24 of the draft approval letter and stated that a good faith effort will be made to obtain the easement, but the Commonwealth may not own the property. He also stated that his client agrees to item number 41 in reference to posting $3,000.00 for the on-site and off-site traffic improvements, but asked for some specifics.

John Burke commented that the Borough would be looking for traffic calming and improvements to regulatory signage from Stockton Avenue down to Main Street.

Mike Carr agreed and further commented that his client is in agreement with all the other conditions.

John Burke asked Council if they were in favor of Belgian block or concrete curb on West Mechanic Street.

Council answered Belgian block.

John Burke asked Mr. Michael to agree that the Certificate of Appropriateness that is required for the project also include the West Mechanic Street improvements such as street lighting, sidewalk and curb.

George Michael agreed to HARB approval for streetscape improvements.

Richard Hirschfield asked Mike Carr is he agrees.

Mike Carr agreed.

John Burke asked if the applicant is agreeable to construction hours on Fridays from 7:00 A.M. to 5:00 P.M.

Mike Carr agreed.

John Burke asked if the applicant will agree to meet monthly with the merchants and residents of New Hope and Borough Council to discuss mutual concerns and from those meetings supply minutes to be available to the public and given to Borough Council.

Mike Carr agreed.

Richard Hirschfield asked for a motion by roll call to approve the preliminary and final plan of major subdivision and land development for Canal Street, submitted by New Hope Condo, LLP, for T.M.P. Nos. 27-10-59,-83,-83-1,-84,-85,-86,-87, & 87-1.

Geri Delevich asked Charles Sahner if given another month, what he would hope to accomplish

Charlie Sahner answered that the Mechanic Street merchants have not had their monthly meeting yet to discuss the project and need more time.

Geri Delevich asked Mr. Sahner to please be specific.

Charlie Sahner stated that they are asking for a system to be put in place to protect them for all project procedures.

Rey Velasco asked for a show of hands of those from Mechanic Street (four people raised their hands) and asked what are the differences of opinion.

Richard Hirschfield commented that he feels that the 41 points in the approval draft cover the project completely, and the project was thoroughly investigated by all the governmental bodies in the Borough, including the Zoning Hearing Board, Planning Commission, and HARB, with all approvals in place.

Rey Velasco commented that the public meeting agendas are published and are available on the Internet.

Richard Hirschfield asked for a motion by roll call to approve the preliminary and final plan of major subdivision and land development for Canal Street, submitted by New Hope Condo, LLP, for T.M.P. Nos. 27-10-59,-83,-83-1,-84,-85,-86,-87, & 87-1.

Rey Velasco motioned to approve and Jake Fell seconded. The motion passed 5 to 1 as follows. Councillor Delevich voted no because she preferred that Council table the vote until the October public meeting.

Randy Flager motioned to adopt Resolution No. 2005-20R, approving a revision of the official Sewage Facilities Plan of New Hope Borough for the Canal Street development.

Richard Hirschfield commented that this plan has to be adopted so the sewage can be pumped up the hill for the Canal Street Project and Bucks County Water and Sewer has agreed to take ownership of this so the Borough does not have to be involved.

The motion passed unanimously.

Randy Flager motioned to approve sending the Borough Solicitor to oppose the appeal of Mr. Bruce Begg in Bucks County Court of Common Pleas, No. 0505230-13-5, concerning 146 North Main Street.

Ed Duffy seconded.

Richard Hirschfield noted for the record that Borough Council met prior to this meeting in executive session to discuss this matter. The Zoning Hearing Board denied Mr. Begg’s petition and he has decided to appeal, and tonight Council will be deciding whether the Borough will oppose the appeal or not.

Mr. Bruce Begg commented that he was surprised that they are taking a position like this.

Richard Hirschfield commented that Council will not discuss litigation in public.

Mr. Begg stated that the law says he could have a four car garage on the property by having two separate garages with stone fronts and facing the doors inward and the Borough is only allowing to him to have the four car garage facing outwards towards the street and felt that this is not aesthetically pleasing. This will also make him cut down a 50 year old Cherry tree. Mr. Begg stated that he was told that there would be an informal sit down with himself and the Borough and is surprised that this is being handled this way.

Richard Hirschfield answered that one does not preclude the other. Whatever the vote may be, it is just to send the Borough Solicitor, but the Borough would prefer an informal meeting to fighting in court.

Randy Flager commented that there is a certain amount of time to respond to the appeal.

The motion passed unanimously.

Charlie Sahner asked why this was handled in a closed manner.

Colin Jenei answered there are Sunshine laws in Pennsylvania in which things have to be done in public with certain exceptions such as: 1) contract negotiations with employees and 2) proposed litigation. Mr. Begg has filed a lawsuit against the Borough and that now it is litigation, which can only be discussed in a closed session by law. The discussion essentially is if the Borough will have him represent the Borough during this appeal. The Borough is required to announce that the discussion took place, which is why it is announced on the agenda under executive session.

John Burke added if there is a settlement, then that settlement would be voted on in a public meeting.

Richard Hirschfield excused himself and asked John Burke to take over the next item.

John Burke asked for consideration to appoint Vicky Duffy to the Recreation Board.

Jake Fell motioned to approve and Rey Velasco seconded.

Jake Fell called the question.

The motion passed 4-0-2 by the following vote

John Burke announced that there are potentially three vacancies for alternate members to the New Hope Borough Shade Tree Commission and asked the public to please send a letter to Borough Hall if interested.

COMMUNITY AFFIARS

Geri Delevich announced the monthly report of the Visitors Center for the month of August, which was slightly down from 2004 in some areas as follows.
2005 2004
Visitors 4,161 560
Calls 536 529
Brochures 27 66
Sales $82.75 $118.00
Donations $657.62 $862.00

Geri Delevich announced that Ernie Bartow has moved to Florida opening up a seat on the Conciliation Committee and asked anyone interested to please contact the Borough.

Geri Delevich announced that there is a contest to name the Ferry Street Park.

Geri Delevich announced that there is a fundraiser at Marsha Brown’s Restaurant donating all proceeds to the Ochsner Clinic Foundation in New Orleans. The event will take place on September 27, 2005 and asked the public to make their reservations.

Rey Velasco motioned to approve a 4-foot by 10-foot banner on the second floor balcony of the Starbucks building, facing Bridge Street, and publicizing the 76th Annual Phillips Mill Juried Art Exhibition, scheduled for September 24th through October 30th 2005. Randy Flager seconded and the motion passed unanimously.

Richard Hirschfield stated that the Monroe Crossing event would be addressed this evening, excluding the tent, which will be considered at the October 11, 2005 Council meeting.

Rey Velasco motioned to approve a request by Bob Gerenser to conduct the Annual Monroe Crossing and Parade on December 10, 2005, and to place a banner promoting this event from November 12 to December 12, 2005.

Bob Gerenser handed out information explaining the history of Lt. James Monroe’s crossing at Ferry Landing, and read a letter into the record, which is attached to these minutes.

The motion passed unanimously.

Rey Velasco motioned to approve the request by Carlog L.P., on behalf of the Logan Inn, for approval to extend to November 1, 2005 the existing permit allowing a tent at the Magnolia Bar abutting South Main Street, subject to approval and issuance of a permit by the Zoning Officer. Randy Flager seconded.

The motion passed unanimously.

ADJOURNMENT