NEW HOPE BOROUGH COUNCIL
182 WEST BRIDGE STREET
Regular Meeting
February 13, 2008
MINUTES
7:30 P.M.
PRESENT: Sharyn Keiser, Claire Shaw, Ed Duffy, Geri Delevich, Rey Velasco, Richard Hirschfield, Mayor Larry Keller, Solicitor T. J. Walsh, Borough Engineer Craig Kennard, Assistant Borough Engineer Kurt Schroeder, and Sergeant John Goss.
ABSENT: Randall Flager.
Sharyn Keiser announced that there was an Executive Session before the meeting this evening to discuss the Glassman litigation.
MAYOR’S REPORT
Mayor Keller reminded the audience that tickets are being given out for those who do not obey the 25 mph speed limit along North Main Street.
PRESIDENT’S REPORT
Sharyn Keiser asked for a motion to approve street closings for the 2008 5K Spirit Run.
Patty Beans Clark commented that this is the ninth year of the run and last year the association raised about $22,000 dollars with approximately 550 runners, and they expect the same success this year.
Rey Velasco moved to approve the request for street closings by New Hope Solebury Community Association for the 2008 5K Spirit Run, scheduled on Sunday, April 13, 2008, conditioned upon reimbursement for traffic control and coordination with Kehilat HaNahar. Claire Shaw seconded.
Sharyn Keiser asked for comment by Council and the public.
The motion was approved unanimously.
Sharyn Keiser asked Mike Amery to present information on the Save the Mules program.
Mike Amery commented that courtesy of George Michael and the Central Bucks Chamber of Commerce, a Save the Mules account has been established. Dr. Vail Garvin and John Burke are responsible for any of the monies paid out. He believes that there is $20,000 already donated including a $5,000 donation from the County Commissioners.
John Burke stated that there is approximately $8,600 in the account at this time.
Paul Michael made a pledge that for every house sold on Mechanic Street between now and the end of the year, his company will donate $5,000. There are 19 homes to sell and that is a potential $95,000.
Mike Amery thanked the local press and encouraged the auidence to participate in supporting the mules.
CONSENT AGENDA
Sharyn Keiser asked Council and the public if anyone would like to discuss any of the items on the consent agenda, which is as follows.
A. Consideration of approving payment of accounts payable for
February 13, 2008, in the amount of $143,259.98; of payroll for January 16, 2008, in the amount of $48,844.63; and of payroll for January 30, 2008, in the amount of $52,200.57.
B. Consideration of approving the minutes of the January 7th and 9th public meetings of Borough Council.
C. Consideration of authorizing Borough Manager to maintain up to date real estate appraisals of Borough-owned properties for insurance purposes.
D. Consideration of awarding a contract for landscape maintenance in 2008.
E. Consideration of approving the placement of a banner sign by the Park & Recreation Board for the New Hope Farmers’ Market from June 4, 2008 through June 25, 2008 and from June 26, 2008 through July 16, 2008.
F. Consideration of approving an agreement with the Eagle Fire Company for Fire Marshal’s breathing apparatus.
G. Consideration of authorizing disposal of one 1994 Chevrolet sedan with 187,180 miles, one 1982 Elgin Street Sweeper, one c.1988 Elgin Street Sweeper, and one 1977 Chevrolet truck, all valued at less than $1,000, for salvage value.
H. Consideration of approving issuance of a Certificate of Appropriateness, as recommended by HARB, for:
(1) 37 N. Main St., by Dominique Daniela, for installation of a sign;
(2) 110 A S. Main St., by Type B Tie Dye Studios, for installation of a sign;
(3) 88 S. Main St., by Bouteaque, for installation of a sign;
(4) 1 W. Bridge St., by Tienda El Mariachi, for installation of a sign;
(5) 66 W. Mechanic St., by Jim & Susan Hanlon, for installation of windows; and
(6) 1 Old Mill Rd., by Heritage Investment Portfolio LP, for shielding of utilities.
Rey Velasco moved to approve the consent agenda, and Claire Shaw seconded.
Shary Keiser asked for comment by Council and the public.
The motion was approved unanimously.
RECREATION BOARD & REVITALIZATION COMMITTEE REPORT
Ed Duffy thanked the Park and Recreation Board for the successful Winter Fest event.
Ed Duffy reminded the public about the Spring Golf Outing on May 21, 2008.
Ed Duffy encouraged the public to buy imprinted bricks through the Park and Recreation Board.
Ed Duffy asked Dee Dee Bowman to come forward to discuss the activities of the Revitalization Committee and the Landmark Towns program.
Dee Dee Bowman commented that the Landmark Towns program involves the Bristol, Morrisville, Yardley and New Hope boroughs. The goal is regional economic and community revitalization. A Regional Main Street Coordinator will be selected in February and will have an office in Bristol. The National Main Street Center Conference has chosen the Landmark Towns communities for a mobile workshop on March 30th. Attendees will spend the afternoon in the Borough.
Dee Dee Bowman stated that the notice to proceed with construction at Lenape Park has been released by the Borough. Construction will begin shortly and will be completed by summer.
John Burke stated that the registration form for the golf outing is available on the Borough web site.
MANAGER’S AND SOLICITOR’S REPORTS
LAND USE AND HISTORIC PRESERVATION REPORT
Sharyn Keiser asked for consideration of a request by Martin King to authorize the zoning officer to extend a temporary use and occupancy permit for the use of the mezzanine at Marsha Brown’s Restaurant, located at 15 South Main Street. Miss Keiser stated that the BCWSA would offer a stepped agreement to M. Brown to allow a one-year period to measure actual sewage flows for billing purposes.
Martin King came forward and identified himself as the lawyer representing Marsha Brown. Mr. King commented that there was a concern over the flows used to calculate the sewer user charges. The suggestion was that a year of monitoring be done so that there would be a record of a complete twelve-month period so that a fair assessment could be made. Marsha Brown is willing to make a good faith payment and Mr. King claimed that they have not heard anything else from the Authority on this matter.
John Burke stated that Jeff Garton, the lawyer representing Bucks County Water and Sewer Authority, is preparing a stepped agreement this week. The Borough is looking for Mr. King’s client to enter into that agreement with the sewer charges calculated on a twelve-month period.
Richard Hirschfield moved to grant Marsha Brown’s a 90-day extension on the temporary use and occupancy permit, and Ed Duffy seconded.
Sharyn Keiser asked for comments by Council and the public.
The motion was adopted unanimously.
Ed Duffy announced an informal presentation by attorney Ed Murphy of a proposed zoning change amendment and land use development plans for Odette’s, T.M.P. No. 27-11-8, located in the MU zoning district.
Ed Murphy stated that Mike Amery wants to bring Borough Council up to date on the Odette’s project. The next step is to submit a formal petition for an amendment to the zoning ordinance and a land development application in support of the petition. The ordinance is based upon the Coordinated Development ordinance for the re-development of Union Square. Much like Union Square, it emphasizes the adaptive re-use and historic preservation of historic structures on the site.
Mr. Murphy stated that the center main stone building of Odette’s is what they are proposing to retain. The draft ordinance contemplates a mixed-use development and that is why they are suggesting that the zoning for this parcel be reclassified from RB to MU (Mixed Use). The use they are contemplating adding would be a “use by right” in the MU District, called the Historic River Hospitality Use.
Mr. Murphy stated that the ordinance has a number of areas that are incomplete. One of the issues deals with the current ordinance requirements for the number of stories and building height, which is three stories or thirty-five feet, whichever is greater. The issues they have with those standards are directly related to the desire to elevate the building by 11.5 ft. over its current elevation, essentially insulating it from the elevation of the record flood of 1955. Mr. Amery’s consultants have strongly recommended raising the building more than what would otherwise be required under the current FEMA flood maps. FEMA is currently reevaluating the current flood elevations and the expectation is that the 100-year flood elevations will be increased.
Mr. Murphy stated that the second issue is parking under the raised building. The underground parking is considered a story under the Borough’s ordinance, resulting in four stories instead of three. Based upon these considerations, the applicant is suggesting a forty-foot maximum building height instead of the allowed 35 feet. The other option is to adjust the grading in front of the building to artificially bring the height into compliance. They would prefer to have a 40 ft. maximum and thus the flexibility to optimize the overall appearance of the building viewed from River Road.
Mr. Murphy stated that the next issue deals with the allocation of interior space for the different uses proposed at the site. The standard for the allocation of space by and among the different uses in the current ordinance suggests they need three principal uses within the building, which is not an issue. The issue is how the total square footage, which is approximately 35,400 square feet, would be allocated among those individual principal uses. In the draft ordinance it suggests that no one use be greater than 15,000 square feet. The zoning officer wants a minimum and they are suggesting a minimum of 2,000 sq. ft. They would prefer a minimum and maximum square footage requirement for principal uses as follows:
No one use more than 15,000 square feet;
No one use less than 2,000 square feet; and
No two uses combined less than 10,000 square feet.
Sharyn Keiser asked if this number included the parking.
Mr. Murphy answered no.
Mr. Murphy thought that the fear was that one use would dominate the others, but that is not the goal of this project. The next issue is encroachments. The Odette’s parcel is surrounded by parcels owned by the state. Some encroachments already exist. The state is aware of these encroachments. Once the project is completed, it will create some new encroachments and remove some old ones. The Borough staff has asked Mr. Amery how he would legitimize the encroachments. Today, Mr. Amery received a letter from the state and because of the large investment to be made at the Odette’s site, the state is prepared to extend the typical lease term from ten years to thirty-five years with an option for renewal. This should resolve the staff’s concern with the existing and proposed encroachments.
Mr. Murphy stated that if you only looked at Odette’s, there would be an increase in impervious at the Odette’s parcel. But, if you consider Odette’s and the surrounding property, there is a net slight decrease in the over-all impervious, once the project has been completed. This is the only way you can look at this project because Odette’s is being redeveloped along with the surrounding state land.
Mr. Murphy summarized the issues: building height, number of stories, the allocation of interior spaces among various uses, encroachments, and impervious surfaces.
Sharyn Keiser asked how high the building is compared to Waterworks.
Mike Amery answered Odette’s is slightly lower as much as three to five feet.
Sharyn Keiser commented that the proposal looks very similar to Waterworks.
Mike Amery answered that it is identical and Odette’s is slightly lower.
Sharyn Keiser asked from the street viewpoint, how high is Waterworks compared to where Odette’s will be?
Mike Amery answered that he does not have that answer. Driving past there, his impression of Odette’s is that it will be no higher. The plans that are presented tonight are what you will be seeing in the formal applications.
Claire Shaw asked where does the five-foot difference in height come from?
Mike Amery answered that they would not be raising the building to a height of 40 feet. He was told that the height of a building is measured immediately outside the front of the building. In other words, if you create a six-inch ledge in front of your whole building and you take the mean of that and measure it to the appropriate height, they are borderline with that height requirement. They do not want to create an artificial landscape to conform to the law, so they are asking for the 40 ft. building height.
Sharyn Keiser asked with the additional piece located where the elevator is what would be the height?
Mike Amery answered it totally depends on where the measurement is taken. They are absolutely at the 35-foot level.
Sharyn Keiser asked if the ridgeline is below 35 feet, would that not make it go beyond forty?
Mike Amery answered no because the ridgeline is less than 35 feet.
Claire Shaw asked what is the square footage of the existing building.
Mike Amery answered about 10,000 square feet.
Ed Duffy commented as everyone looks at this project in the floodplain, there should not be an issue with the five feet difference in height, and we should move forward.
Rey Velasco asked would it still be 35 feet in height?
Mike Amery answered it is what it is, but with the landscaping it would be an artificial measurement.
Sharyn Keiser commented that the parking is in the rear and out of sight.
Rey Velasco asked if you are looking across the river at Waterworks, will Odette’s be lower?
Mike Amery answered yes, but you really can’t see the building.
Geri Delevich stated that she was concerned the site would be developed residentially because residential is one of the principal uses.
John Burke stated that residential is not a permitted use for the proposed Historic River Hospitality Use in the ordinance; however, it is a permitted use in the Coordinated Development Use that is simply restated and reorganized as part of this proposed ordinance.
Richard Hirschfield made a point that this is a special zone and will not set a precedent, and each project would be judged on its own merits; and with preserving the historic building, it should be looked upon favorably.
COMMUNIITY AFFAIRS
Rey Velasco announced the Visitor Center report for January as follows:
Visitors 1,225
Calls 203
Donations $494.00
Brochures 12
Sales $204.00
Rey Velasco announced that the 2nd annual Bird House auction at New Hope Arts is March 30th.
Geri Delevich encouraged the public to visit the Visitors’ Center and purchase items.
Geri Delevich announced that the Michener Museum is having the Robert Whitely Exhibition at 6:00 pm on February 21, 2008.
Geri Delevich encouraged the public to go to the Comprehensive Plan meeting to be held Thursday February 12, 2008 at New Hope Solebury High School at 7:00pm.
Geri Delevich asked Dan Brooks to come forward and make a presentation on the New Hope Celebrates Film Festival.
Dan Brooks announced the New Hope Celebrates Film Festival, April 25-27, 2008.
Emily of the Bucks County Conference Bureau commented on the high amount of responses she has received for the film festival.
Steve Stahl thanked Geri for introducing him to Dan Brooks so they could combine the New Hope Film Festival with New Hope Celebration.
Ed Duffy recommended that New Hope Celebrates should approach The Playhouse and use that space for workshops.
Geri Delevich mentioned that this is a great representation of New Hope.
Dan Brooks asked for approval to display a banner at East Bridge Street from April 19th thru April 28th for the Film Festival and another banner for New Hope Celebrates Festival from May 10-May 19.
Geri Delevich moved to approve the banner requests, and Claire Shaw seconded.
Sharyn Keiser asked for comment by Council and the public.
The motion was adopted unanimously.
Sharyn Keiser announced that the route for the parade would be re-visited at the March Council meeting.
OLD BUSINESS
NEW BUSINESS
PUBLIC COMMENT
Burt Johnson came forward and announced that there is a resolution being presented to every municipality in Bucks County concerning the current voting machines, which are touch screen DREs that can’t be audited.
Sharyn Keiser asked for a motion to support a voter marked paper ballot system that can be audited. There would be no cost to the Borough.
Richard Hirschfield moved to adopt a resolution as follows, and Geri Delevich seconded.
“NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of New Hope recommends that the County of Bucks give consideration to the purchase of a voter verified paper record voting system so as to provide the most accurate, reliable, tamper proof, cost effective and accessible voting system for Bucks County.”
Sharyn Keiser asked for comment by Council and the public.
The motion was adopted unanimously.
Mayor Keller reminded the audience that the Philadelphia Flower Show is coming up.
ADJOURNMENT
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