BOARD OF DIRECTORS MINUTES – Meeting of June 3, 2013

 PRESENT: Matt Ruben, President; Don Phillips, Vice-President; Steve Richman, Treasurer; Janet Finegar, Secretary; Rick Angeli; Michael Coyne; Larry Freedman; Lystra Harris; Katrina Mansfield; Frank Robertson; Chris Somers; Anne Waginger; Logan Welde.The meeting was called to order by the President at 7:05 p.m.Motion: By Steve Richman, seconded by Rick Angeli:“To approve the minutes of the May Board meeting as presented.”Passed 9-0-3A conference call with accountant Joe Brunner was held in which he reviewed the financial compilation report he prepared for the NLNA's past year. There were no substantive questions from the Board about the report.President’s Report: Matt Ruben: written report attached and reviewed.Treasurer's Report: Steve Richman: written report distributed and reviewed.Motion: By Katrina Mansfield, seconded by Michael Coyne. “To accept the Treasurer's report as presented.”Passed 11-0-1Election Committee: Chris SomersChris reported that the election had gone smoothly and that nominations were taken at the May Board meeting to fill the two seats which are still open.Liberty Lands Committee Report: Janet Finegar: written report attached and reviewed.Zoning Committee Report: Larry Freedman; written report attached and reviewed.Motion: By Katrina Mansfield, seconded by Anne Waginger. “To support the recommendations of the Zoning Committee in the matter of 700 N. Front Street: i.e., 'Construction of these four homes creates the following situation: lot sizes are ½ the legal size; yards are only 5’ deep; there is a loss of 4-5 parking spaces on the street; the height of 43’6” is taller than other houses on the street. Please return to the Zoning Committee with plans for 3 homes that have larger lots, larger gardens/more outdoor space, a better arrangement of garages that require fewer curb-cuts and lower the overall height of the buildings.  Excavate below the front stairs of each house to recess the meters and hide them from view.'”Passed 11-0-1Motion: By Chris Somers, seconded by Steve Richman. “To support the recommendations of the Zoning Committee in the matter of 924-28 New Market Street: i.e., 'Thank you for your presentation.  We will support the variance for 924-28 New Market Street with the following provisos: 1) That the height of both walls along the property line with the Hancock Street properties be measured from whichever grade level is the highest. 2) The wall along the drive aisle and Hancock Street property consists of a 2’ high brick or concrete wall, 6’ high solid wood fence and 2’ high lattice/trellis. 3) The wall along the west side of the yard of Unit A is a 6’ high solid fence topped by a 2’ high lattice/trellis. 4) The main door on New Market Street is an iron gate that allows visibility onto the street 5) Stucco should be used on the west side of the building that faces the Hancock Street homes. 6) We will need a signed copy of the drawings, with the changes listed above as well as a schedule of all materials.'”Passed 10-0-2Motion: By Rick Angeli, seconded by Katrina Mansfield. “To support the recommendations of the Zoning Committee in the matter of 914 N. 2nd Street: i.e., 'We approve the concept of this restaurant with the following provisos: 1) This will be primarily a restaurant use.  All other uses are accessory, and it will not be a banquet/catering, dance or concert hall.  2) From Sunday – Thursday the garage door to 2nd Street should be closed at 10 p.m. 3) On Friday and Saturday the garage door should be closed at 11 p.m. 4) There will be no outdoor bar. 5) The agreed upon maximum capacity of all customers is 175. 6) The maximum total of outdoor customers cannot exceed 50. 7) Outdoor areas should be vacated by 11 p.m. Sunday-Thursday and midnight on Friday and Saturday.  8) To quiet the outdoor space, provide either 6’ of landscaping at the front of the outdoor space (inside the fence or outside the fence) or set tables back 6’ from the fence. 9) As a buffer along the 2nd Street outdoor area, provide some kind of sound mitigation, such as greenery or construction. 10) There is no smoking outside. Please return with a plan to cover the rear area of the garden.'”Passed 10-0-2Motion: By Rick Angeli, seconded by Katrina Mansfield. “To support the recommendations of the Zoning Committee in the matter of 600-02 N. 2nd Street: i.e., 'We support the project as proposed.'”Passed 11-0-1Old BusinessKatrina presented the work she has done so far on instituting Operation Street Sweep, a community-funded street cleaning program. The Board asked questions about the structure of the program and the extent of the program (how many blocks per week could be covered). It was suggested that the program fundable with the existing donations be assessed in 3 months to determine how much effect it has had. Logan, Rick, and Frank volunteered to assist with the Clean and Green committee's efforts in this project.Motion: By Janet Finegar, seconded by Rick Angeli. “That the street sweeping be begun with the existing funds; that the Clean and Green committee move forward with soliciting donations from local businesses using the brochure; that the Board should receive a report in the next 3 months of the sweeping's effects; and that data from the Mission Committee's surveys should be considered to gauge the neighbors' level of interest in litter control.Passed 12-0-0New BusinessRick pointed out that the storm-water garden installations in front of the Community Center seem extremely dangerous because of their depth. Matt advised that he speak with Lara about the project and how to make it safer.Chris pointed out that the recent change in street direction on Laurel Street is poorly signed, so that it is difficult to know that the street is now one-way because there is no sign on one end of the street. Matt will mention it to the Streets Department at the meeting he will have with them tomorrow.The meeting was adjourned by acclaim at 9:02 p.m.Addenda:

 President’s Report, June 2013

1. PLANNING AND POLICY-RELATED ISSUES Mission – Any updates from Don in Old Business.

• Casinos – The PA Gaming Board hearings are over. A decision on which casino application will get the license is not expected until later in the year.
• Central Delaware Master Plan – The Central Delaware Zoning Overlay has been introduced by Councilman Squilla. A hearing on the bill is slated for Wednesday, June 5, at 10AM in City Council chambers.
• AVI/Real Estate Taxes – We continue to participate in the Crosstown Coalition of Taxpayers, which has been highlighting issues with the methodology and accuracy of the new AVI property assessments. CCT has held a second press conference highlighting issues with the AVI assessments; met with the Office of Property Assessment; and taken a general advocacy position.
• With the board’s permission, I will in the next week or so initiate an email (and telephone) campaign, allowing neighbors (and other civics) to easily contact elected officials requesting certain basic taxpayer protections and other policy moves to help with the AVI situation.
• The NLNA submitted first-level review forms to OPA for 700-702 N. 3rd (over-assessed in our view), and 704 N 3rd (assessed as a building, but has been a vacant lot for about 10 years). We still have not heard back from OPA.

2. FUNDRAISING/FINANCES/ADMINISTRATION

• Administration, Budget, and Finances – We are thrilled to welcome new board members Frank Robertson and Logan Welde, and to welcome back Katrina Mansfield, Don Phillips, and Janet Finegar. Any further updates in the Election Committee report.
• We need to make an updated decision about the literacy group for school-aged children, which takes place in evening hours with adult volunteers.
• Events – The Music Fest is June 8. As always, Larry and Don could use volunteer help.
• Spring Garden Greenway – DRWC had its first public meeting May 29. It was preliminary in nature, but was well-attended, and DRWC reports a pretty strong basic consensus among themselves, their consultant, and the neighbors who attended.

3. DEVELOPMENT ISSUES AND DEVELOPER RELATIONS

• Piazza etc. – Larry and I had a productive initial meeting with a high-level representative of the Kushner Companies, which now owns most of the Piazza, most of Liberties Walk, and one other former Tower parcel. We also have a follow-up meeting with additional Kushner decision- makers on June 10. Details at our board meeting.
• Finnegan’s Wake – Larry and Ira Upin have had (or have scheduled) an initial, informal conversation with Finnigan’s, as a result of Finnigan’s reaching out and saying they want to withdraw their balcony proposal and focus instead on a shielded, open structure on the roof. Larry has made it clear to them, and to Councilman Squilla, that the first step in any renewed neighborhood process would be to amend and/or repeal the laws that legalized Finnigan’s balconies in 2012. Any further updates from Larry at our meeting.
• Club Aura – No update.
• Parking – Democratic City Committee said they would remove their No Parking signs on the 200 block of Green St. They then said they would not remove them, and that additional No Parking signs would be added to the 200 block of Spring Garden. This latter addition has not yet happened, as far as I know. Further info at our meeting.
• The Streets Dept. appears to have dropped the ball on the neighborhood’s request for traffic studies of 2nd between Liberties Walk and Laurel, as well as other matters. I will attempt to follow up again.

4. OUTREACH/EVENTS/GENERAL MEETINGS

• General Meetings – After well-attended meetings in January and February, and an enormous special meeting in March, the April and May meetings have seen poor attendance. I and a few other board members have discussed some options for trying to increase attendance. We can discuss this briefly at our meeting.

5. COMMUNICATION AND PUBLICITY

• Internet – The email list continues to grow past 2,100, and to generate maintaining a 25-30% “open rate” on emails, which is very good. A reminder to board members to join the NLNA’s Facebook group if they have not done so already, and to post to it.
• Web site – Katrina, with some help from AV8, has migrated our web site and most of our email addresses to the new hosting company, after AV8 gave us less than three weeks’ notice that they would no longer be doing the hosting. Kudos to Katrina for a seamless transition on the web site.

6. OTHER ITEMS Board Polls – Ratification of any online or online board polls since last month’s board meeting. 

 TREASURER’S REPORT – JUNE 2013

2012-13 Approved Budget: Oct 1 – May 31 Financials - tables attached1)   FOR THE EIGHT MONTHS ENDED ON MAY 31ST INCOME WAS $93,109; THIS WAS $22,300 MORE THAN PROJECTED.  EXPENSES TOTALED $68,552, WHICH WAS NEARLY $3,000 LESS THAN ANTICIPATED.  NET INCOME WAS $24,557 – ABOUT $25,300 MORE THAN PROJECTED. NLNA BENEFITTED FROM HIGHER THAN ANTICIPATED DONATIONS, FUNDRAISING, RENTALS AND GRANTS, AND FROM LOWER THAN EXPECTED ADMINISTRATIVE AND MAINTENANCE EXPENSES; COMBINED, THESE OFFSET SOME UNANTICIPATED CAPITAL, UTILITIES, INSURANCE AND FUNDRAISING EXPENSES.2)   SIGNIFICANT VARIATIONS FROM BUDGETED PROJECTIONS DURING THE FIRST EIGHT MONTHS INCLUDED THE FOLOWING:

1. INCOME FROM FUNDRAISING ACTIVITIES IS $14,500 ABOVE BUDGETED LEVELS.  SIGNIFICANTLY, THE $37,700 THAT HAS BEEN RAISED IS ONLY $1,000 LESS THAN THE AMOUNT BUDGETED FOR THE ENTIRE YEAR.  HALF OF THIS IS FROM THE ANNUAL APPEAL, WHICH BROUGHT IN JUST OVER $18,700, MORE THAN DOUBLE THE AMOUNT BUDGETED.  THE WINTERFEST BROUGHT IN $7,300  ($3,300 MORE THAN EXPECTED), THE PLANT SALE RAISED $5,900 ($700 MORE THAN BUDGETED), WHILE LIBERTY LANDS’ REVENUE NOW TOTALS ALMOST $8,100,  EXCEEDING EXPECTATIONS BY ABOUT $4,600;  $1,900 WAS EARNED FROM THE FALL FEST, $2,500 FROM CITY ACTIVITIES FUND GRANTS AND $2,100 FROM RENTALS.  FINALLY, NLNA RECEIVED AN UNEXPECTED DONATION FROM THE UNITED WAY OF $4,635.  IN TOTAL, INCOME RECEIVED DURING THE FIRST EIGHT MONTH TOTALS 85% OF THE AMOUNT ANTICIPATED FOR THE ENTIRE YEAR.
2. SPENDING FOR ADMINISTRATIVE SUPPORT, MAINTENANCE AND SUPPLIES WAS LOWER THAN BUDGETED BY ALMOST $8,300.  ALMOST $1,800 OF THIS GAP RELATES TO PARKS’ MAINTENANCE SO IT IS EXPECTED THAT THIS WILL NARROW NOW THAT THE WARMER WEATHER HAS ARRIVED.
3. THESE AMOUNTS WERE PARTIALLY OFFSET BY UNBUDGETED SPENDING OF:  ALMOST $800 FOR A NEW ALARM SYSTEM; $500 FOR ADDITIONAL HVAC IN THE COMMERCIAL RENTAL SPACE; NEARLY $1,100 FOR PRIOR YEAR LIBERTY LANDS UTILITIES’ COSTS; $800 IN ADDITIONAL INSURANCE COSTS AND ABOUT $1,300 IN FUNDRAISING COSTS.
4. A.  Accounting Services

• OUR NEW ACCOUNTANT, Joe Brunner, A PRINCIPAL IN THE FIRM OF FACTOROW, BARNETT AND BRUNNER, COMPLETED OUR 2011-12 TAX RETURN IN EARLY MAY AND THE RETURN WAS FILED BY THE MAY 15TH DUE DATE.  NO FEDERAL INCOME TAX WAS OWED OR PAID.
• IN ADDITION, MR BRUNNER PREPARED A COMPILATION REPORT FOR THE YEAR ENDING SEPTEMBER 30, 2012.  THE REPORT INCLUDES THE STATEMENT OF FINANCIAL POSITION (ASSETS AND LIABILITIES), A STATEMENT OF REVENUES AND EXPENSES AND A CASH FLOW STATEMENT.  THE COMPILATION IS NOT AN AUDIT. MR. BRUNNER WILL MAKE A BRIEF PRESENTATION TO THE BOARD AT THE JUNE MEETING AND ANSWER ANY QUESTIONS THAT BOARD MEMBERS MAY HAVE.

Liberty Lands Board Report  – June 2013

• The Laurel Street annex gardens are up and running. For now, we are just using Laura and Trevor's hose to water and paying them for the extra on their bill, but we hope to have a rain barrel and pump system working in the next few months.
• Liberty Lands would like to apply to PTSSD for a grant to install one (or even two) drinking water fountains at the park. Needs discussion by the Board to strategize grant proposals.
• The first farmer's market occurred on Thursday and they'll continue through the summer on Thursdays from 3-7. The selection was a little less than it will be in coming months because of the cold spring and because the farmer didn't get a delivery from one of their farms.
• We still – desperately – need to build some new trash corrals.
• The park committee agreed to sell the stupid rubber mulch, after spending some time with it and teaching everyone how nasty it is. I have a buyer for it (for $400) who is still working on how to transport the stuff.
• William Reed and a friend fixed the 3rd Street signboard (which fell down months ago) and William replaced a broken swing yesterday (thanks, William!)
• We have planted two new trees between the two playgrounds (one through George Petropolis' help, thanks, George!) and they are being watered by a new volunteer, Lara Napoli (thanks, Lara!)
• We finally got the trellis hung on the potty shed, and it immediately became a ladder to the roof of that shed. Janet is planning to plant brambles at the base of the trellis to discourage kids (Helen!) from climbing it.
• We received the new pump controller for the cistern (expense approved through Board poll) and it will be installed as soon as the guys who know how to do that have a spare minute.
• The June music fest will be this Saturday – it would be super to have some more volunteers.
• The Love Your Park workday on May 11 was decently attended.
• Kid volunteers from Kearny School will be doing an hour of service some time next week, weeding paths and the playground and moving some mulch.
• Weeder's Club continues every Saturday from 9-11, generally with the same five or six intrepid volunteers – more participation would be super! We went to Madison Memorial for a weekend in May and got a fair amount of new planting and weeding done there. We have found a new volunteer who is working at that park a few hours a week.
• Off-leash dogs continue to be a problem at Liberty Lands. We would like to send a message out on the NLNA listserv just reminding people that it's never allowed at the park and giving basic information about the local dog parks. We have not yet been able to get Orianna Hill to give us wording for that message.
• Jobs we're hoping to get done soon:   paint picnic tables; Bodine Street wall fixing; TRASH CORRALS; American St. fence and community garden fence fixing;  Deal with brick pile mess; fix 3rd St. entrance rocks and path
• Movies start on June 21 (Friday) with THE PRINCESS BRIDE.

Board Action required:    Discussion of PTSSD grant proposal for water fountains 

ZONING COMMITTEE MEETING – Tuesday 5/28/13

Members present: Larry Freedman (chair), Charlie Abdo, Ken Grono, Chris Issacson, Joe Mikuliak, Sharon Richman, Jonathan Sher, Michael SimonsMembers absent: Tim McDonald, Ira Upin 700 N. Front Street – CMX3 – Herc Grigos:  Proposal for 4 single family dwellings.Discussion: The four homes front on Fairmount Street.  Each is four stories with a height of 43’6” at the top of the gabled roof.  The first three floors will be brick. Stucco is proposed for the 4th floor.  Each house has a garage requiring a 10’ curb cut on Fairmount. None of the garages are adjacent to another garage.  There is not enough room between each garage for a parking space.  Currently, only one 16’-18’ curb cut exists.  This project proposes utilizing 82% of the lot which will require a variance.  Outside areas include a back yard that is 24’ x 5’ (with pervious pavers) and a small balcony on the 4th floor.Motion (Joe) - 2nd (Jon): Vote 7-0  Construction of these four homes creates the following situation:- lot sizes are ½ the legal size; - yards are only 5’ deep; - there is a loss of 4-5 parking spaces on the street; - the height of 43’6” is taller than other houses on the street. Please return to the Zoning Committee with plans for 3 homes that have larger lots, larger gardens/more outdoor space, a better arrangement of garages that require fewer curb-cuts and lower the overall height of the buildings.  Excavate below the front stairs of each house to recess the meters and hide them from view. 924-28 New Market Street – RSA5 – Ron Patterson: Return visit to discuss a proposal for 5 single family swellings.Previous Motion (Group): Vote 4-0 Please return to the Zoning Committee with revised plans that address the following issues that include: - restructure the New Market Street façade and redesign the interior and exterior of Unit E (this includes reducing the height of Unit E to 38’;  - on Unit E, set the roof deck back a minimum of 8’ from the street and replace the pilot house with a spiral staircase;- eliminate the pilot house and roof deck on Unit A; - meet with the neighbors next to and behind property to discuss demolition and construction activities; - prior to your return to the Zoning Committee, please get Streets Department approval for the entry to the driveway;- the construction of a high solid wall on the western and northern sides of the buildings to ensure the safety and privacy of the homes and rear yards of existing neighbors; and,- grading for rainwater runoff away from the backyards on Hancock Street.  Discussion: As requested at the previous meeting, the New Market façade was changed.  Brick will now go all the way to the top floor, eliminating the colored material originally proposed.  The pilot houses on Units A and E were removed and replaced with a spiral staircase access to the roof deck as requested at the previous meeting.  (Units B, C and D still have pilot houses.) Also, as requested, the builder got approval from the Streets Department for the 12’ gate opening on New Market.  We requested that the roof deck on Unit E (facing New Market Street) be set back 8’ from the building edge.  The deck was only set back 5’.  We also requested that the roof deck on Unit A (facing backyards of houses on Hancock Street) be eliminated.  That deck remains with a 5’ set back. We requested a high solid wall on the New Market and Hancock Street sides of the property.  The New Market Street wall will be 12’.  There are two sections of wall along the Hancock Street side. The neighbor(s) along the longest stretch of wall (along the driveway) wanted to be sure that car headlights would not be shining into their homes, therefore the height of the fence was an important consideration.  After some discussion it was decided that the privacy wall for the back yards will be 10’ high – 2’ of brick or concrete + 6’ of solid wood fence topped with 2’ of lattice.  The privacy wall along the driveway will be 8’ high – 6’ of solid wood fence topped with 2’ of lattice.  [The purpose of the lattice is to provide light and air to the residents of the new dwellings.]  The builder felt that a 10’ wall along the driveway would be too cavernous for the residents. The builder agreed to use an open/see through material for the driveway gate and to use an iron gate on the “man door” to provide a visual interaction with the street. After the zoning hearing on June 12, the builder said he would meet with the neighbors regarding various issues.Motion (Joe) - 2nd (Mike): Vote 7-0  Thank you for your presentation.  We will support the variance for 924-28 New Market Street with the following provisos: 1)That the height of both walls along the property line with the Hancock Street properties be measured from whichever grade level is the highest. 2)The wall along the drive aisle and Hancock Street property consists of a 2’ high brick or concrete wall, 6’ high solid wood fence and 2’ high lattice/trellis. 3) The wall along the west side of the yard of Unit A is a 6’ high solid fence topped by a 2’ high lattice/trellis. 4)The man door on New Market Street is an iron gate that allows visibility onto the street. 5) Stucco should be used on the west side of the building that faces the Hancock Street homes. 6) We will need a signed copy of the drawings, with the changes listed above as well as a schedule of all materials. 914 N. 2nd Street – CMX2 – Jason Evenchick:  Return visit with a proposal for a restaurant and liquor license.Previous Motion (Joe) – 2nd (Jon): Vote (7-0) Thank you for your presentation.  We require more information about the restaurant at 914 N. 2nd Street.  Please return to the Zoning committee with more detailed drawings showing all areas of the facility.  Include dimensions, a façade elevation and site plan including all existing neighbors.  At the present time, we have several concerns and suggestions.  Please respond to the following at your next presentation: 1) This will be primarily a restaurant use.  All other uses are accessory, and it will not be a banquet/catering, dance or concert hall 2) Noise in the outdoor area could be problematic.  Consider partial covering of the rear outdoor area, 1/3 of the area or other sound mitigation systems.  No music at all in outdoor area or on 2nd Street.  We agreed with your suggested outdoor hours until 10 p.m. Sunday through Thursday and midnight on Friday and Saturday. (Indoor dining would continue until 1 a.m.)3)   Secure an adequate loading zone (8 a.m. – 4 p.m.) in front of building for all deliveries and trash pick-up.4)   Maintain an area inside for customer to wait for tables.5)   Garage door on 2nd Street will not be open after 10 p.m., 7 days/week.6)   Maximum capacity should not exceed your suggestion of 79 inside, 17 at the bar and 50 people outside at tables and other seating (no standing room outside).7)   No valet pick-up or drop-off on west side of 2nd Street.We look forward to seeing you again.Discussion: More detailed information was presented, however the restaurant owners will not be seeing an architect to get specific drawings, etc. until receiving support from the Zoning Committee.Discussion centered on the hours which the “garage door” would close, when the outside eating area would be closed to patrons, sound mitigation solutions and the maximum number of occupants for the indoor and outdoor areas.   The committee wanted the garage door closed at 10 p.m. weekdays and 11 p.m. on weekends.  The owners wanted midnight closings every night.  Sound mitigation was not fully explored by the owners but they have a company in mind to resolve that problem.  (Previously we had asked the owners to consider a partial covering of the outdoor area.)  The owners offered to give the neighbors their cell phone numbers to call if they experience any problems with noise and/or patrons.The owners do not anticipate large numbers of people milling around the front of the building while waiting for tables.  They will be using a reservation system and there is adequate room when you first walk in and around the bar for people to wait.The owners will be requesting that the loading zone be extended to the south beyond the garage to accommodate delivery vehicles and drop offs.  They will also be using North Bowl’s valet.Group Motion (Joe) 7-0We approve the concept of this restaurant with the following provisos:1)   This will be primarily a restaurant use.  All other uses are accessory, and it will not be a banquet/catering, dance or concert hall.2)   From Sunday – Thursday the garage door to 2nd Street should be closed at 10 p.m.3)   On Friday and Saturday the garage door should be closed at 11 p.m.4)   There will be no outdoor bar.5)   The agreed upon maximum capacity of all customers is 175.6)   The maximum total of outdoor customers cannot exceed 50.7)   Outdoor areas should be vacated by 11 p.m. Sunday-Thursday and midnight on Friday and Saturday.8)   To quiet the outdoor space, provide either 6’ of landscaping at the front of the outdoor space (inside the fence or outside the fence) or set tables back 6’ from the fence.9)   As a buffer along the 2nd Street outdoor area, provide some kind of sound mitigation, such as greenery or construction.10)  There is no smoking outside.Please return with a plan to cover the rear area of the garden. 600-02 N. 2nd Street – CMX2 – Woody Van Sciver:  A proposal for a Group Medical Company.Discussion: The tenant would be NovaCare Rehabilitation, an outpatient physical therapy facility.  The entrance would be on Green Street. Initially there would be 2-3 staff with a maximum of 5 staff eventually.  Hours will be 7 a.m. – 7 p.m., Monday – Friday.  They will not be asking for special signage.  Their hearing is on June 25. This was a “use by right” property, but is now a “special exception”.Motion (Jon) - 2nd (Ken): Vote 6-0    We support the project as proposed.