NEWTOWN TOWNSHIP
BOARD OF SUPERVISORS
JANUARY 9, 2002
MINUTES WERE APPROVED at the regular meeting January 23, 2002. REGULAR MEETING OF 1/9/02: Mrs. Goren moved to approve the minutes of the 1/9/02 regular meeting. The motion was seconded by Mr. Weaver and passed unanimously.
The Newtown Township Board of Supervisors met on Wednesday, January 9, 2002, in the Township meeting room at 8:00 PM. In attendance were Supervisors: Chairman Scott Harp, Vice Chairman Tom Jirele, Treasurer Richard Weaver, Secretary/Assistant Treasurer Anne Goren and Member Raymond Goodnoe. Also present were: Township Solicitor Stephen Harris, Township Engineer Gerald Smith, Township Manager Robert Pellegrino and Township Finance Director Elaine Gibbs.
GENERAL DISCUSSION
CALL TO ORDER: Chairman Harp called the regular meeting to
order at 8:00 PM with a moment of silence.
INVOCATION: Given by Pastor Gerry Newswanger of the First Baptist Church of Wycombe. This was followed by the Pledge of Allegiance.
ADDITIONS TO THE
AGENDA: Mr. Pellegrino announced
that a Certificate of Completion for St. Andrews Briar will be considered under
the Manager’s Report, and there will be a report on the Joint Planning
Commission following the Business Development Council report.
MINUTES, BILLS LIST
AND REPORTS:
APPROVAL OF MINUTES:
REGULAR MEETING OF 12/12/01: Mr. Weaver moved to approve the minutes of
the 12/12/01 regular meeting. The
motion was seconded by Mr. Jirele and passed unanimously, with Mrs. Goren
abstaining.
BILLS LISTS:
BILLS LIST- 12/26/01: Mr. Weaver moved to pay bills totaling
$390,836.54 and to make interfund transfers totaling $5,251.40; the motion was
seconded by Mr. Jirele.
Discussion of motion: Mr.
Goodnoe asked if the payment to Reed Smith Associates is the last one, and the
total amount paid to Reed Smith. Mr.
Harp responded that this payment is the final one, and the total amount is
slightly over $50,000.
Mr.
Weaver’s motion passed unanimously, with Mrs. Goren and Mr. Goodnoe
abstaining.
Mr. Weaver noted that this bills
list includes the final payment for the Clark property.
BILLS LIST - 1/9/02: Mr. Weaver moved to pay bills totaling
$164,540.76, and to make interfund transfers totaling $434.05; the motion was
seconded by Mr. Jirele and passed unanimously.
TREASURER: No items for this section.
REPORTS OF
COMMITTEES, BOARDS, COMMISSIONS:
HISTORIC
ARCHITECTURAL REVIEW BOARD: Mr.
Jirele reported that HARB did not meet in December, and there are no
Certificates of Appropriateness to consider.
CABLE TV COMMITTEE: Jim Bowe reported that the Committee held a
short meeting on 12/19/01. A Comcast
representative reported on two personnel changes, and the committee discussed
the tour of Comcast facilities that had taken place earlier in the month and
how to use the PEG channels. The
committee will seek funds with which to generate content for the PEG channels,
pursue coordination with other municipalities, and meet with BCCC again later
in January. Mr. Bowe also reported that
the committee will meet with the Council Rock School District regarding Channel
78.
Mr. Goodnoe asked if the Township is using the tape produced
by the Newtown Library. Mr. Harp said
he has seen it recently. Mr. Bowe
commented that material has to be retired for a while from time to time. He suggested that scheduling be discussed
when the committee comes to the next work session.
Mr. Bowe said he saw two main issues for the committee to
address this year: content and
competition.
Mr. Goodnoe suggested that the committee seek material from
the state legislature, and Mr. Harp suggested contacting local universities.
BUSINESS DEVELOPMENT
COUNCIL: Mr. Weaver reported that
the Council met on 1/3/02. Linda
Mitchell of the Newtown Athletic Center spoke to the Council about the impact
of nonprofits on the business community.
A proposal for a revised mission statement will be discussed at the
Board’s work session on 1/21/02.
JOINT PLANNING
COMMISSION: Mr. Weaver reported the
Commission met 1/3/02 and discussed HB 1219, which is due to be signed by the
Governor soon. The proposed legislation
sets deadlines for municipalities’ action on conditional uses, zoning variances
and PRDs. The Commission is
recommending that municipalities oppose this legislation.
Mrs. Goren moved that
Mr. Pellegrino be directed to draft a letter for Mr. Harp’s signature opposing
HB 1219, to be faxed or e-mailed tomorrow to the Governor. The motion was seconded by Mr. Jirele and
passed unanimously.
Mr. Weaver said the Commission also discussed computerized
tracking of the review process for proposed ordinances.
MEMBERS’ COMMENTS: None.
COMMUNITY COMMENTS:
Nancy Crescenzo asked why the Open Space Committee was
dissolved. Mr. Harp responded that a
majority of the Board, as well as the Recreation Director, favored bringing the
Open Space Committee and the Recreation Board together again. Mr. Goodnoe said he dissented from this
decision because recreation issues are different from stewardship of the
land. Mr. Harp said the two functions
need to be coordinated. Ms. Crescenzo
said she would have liked an opportunity for public comment on the decision.
Ms Crescenzo also asked if Mrs. Goren has resigned from the
Y committee. Mrs. Goren said she
has. Mr. Harp said he has also
resigned. He said that Mr. Weaver
remains on the committee as a Newtown resident, not as a Supervisor.
Ms Crescenzo asked Mr. Harris to explain his letter about
School Board reapportionment. Mr.
Harris said he will be discussing this in detail at the Board’s work session on
1/21/02. He said that the School Board
can reapportion representatives themselves, or others can file a court petition
and propose an alternate plan. He said
that Pennsylvania law requires that school boards have a minimum of five
members and a maximum of 11.
Ms Crescenzo also suggested that the Township seek cable TV
content from the state legislature. Mr.
Harp said the Township would like to get PCN, the state’s equivalent to C-Span.
Ms Crescenzo also asked where the $50,000 paid to Reed Smith
came from in the budget. Mr. Harp said
it came from cash reserves in last year’s budget.
Mr. Harp announced that the Board is trying a different
approach to Community Comments tonight.
After approximately half an hour, the Board will do the business of the
Township. If there are more members of
the community wishing to comment, they can do so after the business is
concluded.
Douglas Terry, a member of the Business Development Council,
said the business community has been able to raise and address concerns with
the Township through the Council. He
asked why the question of the Council’s mission statement was tabled to the
work session of 1/21/02. Mr. Harp said
the Board wants to discuss the statement fully and make recommendations to be
brought back to the Council by Mr. Weaver.
Mr. Jirele invited Mr. Terry to attend the work session and participate
in the discussion.
Mr. Terry asked if Board members objected to the Council
making recommendations to the Township.
Mrs. Goren said she is not opposed to this idea.
Mark Byelich, a Township resident, asked several questions
regarding the budget. Finance Director
Elaine Gibbs was present and said that the Township’s 2002 budget showed approximately
$650,000 to be transferred out of cash reserves, to address increases in
overall operating expenses. She said
that the Township budgets very conservatively; last year’s budget projected a
draw of approximately $600,000 from reserves, but only about $200,000 was taken
out.
Mr. Byelich asked how the expansion of the Municipal
Building will be funded. Mr. Harp responded
that the primary recommendation is to fund it with a bond issue.
Mr. Byelich asked what the Township is doing to increase
revenues. Mr. Jirele responded that the
Township is encouraging the growth of businesses in the community, particularly
in the LI, OR and Commercial zones. Mr.
Harp said the Township is also asking department heads to be conservative. He said the Board hopes to have no funds
coming out of cash reserves in the next budget.
Mr. Goodnoe said he opposed a deficit budget this year. He recommended that operating expenses be
separated from capital expenses. He
suggested that the Board commit to having no deficit in the operating budget,
and discuss the capital budget separately.
Mr. Byelich asked about the status of the YMCA feasibility
study. Mr. Harp said it has not begun,
but results are expected in the spring.
He said the study will assess unmet recreation needs in the community.
Mr. Byelich asked who initiated contact with the YMCA. Mr. Harp responded that he spoke with Mr.
Briscoe some time ago. Mr. Byelich said
he is concerned about the religious elements of the YMCA’s mission, and claimed
that the prices are not much different from the prices at the Newtown Athletic
Center.
Mr. Byelich also asked several questions about the solicitor
for the Planning Commission. Mr. Harp
said the Board and some members of the Commission felt it would be a good
idea. Mr. Goodnoe commented that the
Commission should use the same attorney as the Board. Mr. Harp said he did not know if other municipal planning
commissions have solicitors, although they all have access to legal
representation. He felt that Mr. Ward’s
fee of $125.00 an hour is comparable to other municipalities’ legal representatives. Mr. Harp said that Mr. Ward was the only
candidate interviewed, but he is well qualified. Mr. Harp pointed out that Mr. Ward’s fees would be paid by the
developers, not the Township, although there is a $3500 item in the budget for
legal consultation to the Commission on matters other than land development issues. Mr. Harp said he will be meeting with Mr.
Ward and the Commission’s chairperson to clarify how Mr. Ward’s services will
be used and billed. Mr. Jirele said he
understood that Mr. Ward’s services would not cost the taxpayers anything, but
Mr. Goodnoe noted that Mr. Ward may draw on the $3500 line item. Mrs. Goren said that the line item is
capped, unless the Board approves additional expenditures.
Mr. Harp said that Community Comments will continue after
the Board conducts its business.
Robert Williams protested this decision. He stated that he felt Community Comments is
the most important part of the meeting.
Mr. Jirele responded that last year the Board often took up
the Township’s business at 11:30 PM or later.
This year they have decided to address important decisions while the
members are fresh, and return to Community Comments afterwards. He said that sometimes one community person
will be at the podium for as long as 45 or 60 minutes.
Mr. Harp asked Mr. Byelich to finish up his comments. Mr. Byelich asked what the purpose of the
Ethics Committee is. Mr. Harp said the
purpose was clearly stated in the ordinance that created it. He said the ordinance covers employees and
elected and appointed officials. Mr.
Byelich said that the Committee seems to be concerned with moral judgements,
since financial impropriety would be referred to the State Ethics Commission
and criminal allegations would be referred to the District Attorney.
Mr. Byelich also asked why Mr. Goodnoe was not appointed to
any positions at the Organization meeting on 1/7/02. Mr. Jirele and Mrs. Goren noted at least two appointments: to the Joint Downtown Newtown Corporation
and the Joint Municipal Authority Board.
REPORTS OF OFFICIALS:
CHAIRMAN: No items for this section.
OTHER BOARD MEMBERS: No items for this section.
MANAGER:
RCN HEARING: Mr. Pellegrino
said that the Board previously authorized a hearing for RCN, and the date
suggested by Mr. Polner is 2/28/02.
Mrs. Goren said she can not be present on that date until 8:30 PM.
Mr.
Jirele moved to set the RCN hearing for 2/28/02 at 8:30 PM. The motion was seconded by Mr. Weaver and
passed unanimously.
SOLICITOR:
PLANNING COMMISSION
SOLICITOR: Mr. Harris said that Mr.
Ward asked him if there was a problem if he serves as Planning Commission
Solicitor (effective 1/15/02) and Auditor.
Mr. Harris said he advised Mr. Ward to obtain an opinion from the State
Ethics Commission. Mr. Harris suggested
that the Board adopt a motion to appoint Mr. Ward as Planning Commission
Solicitor subject to a favorable opinion from the Ethics Commission.
Mrs. Goren asked how long it will take to get the opinion. Mr. Harris said he did not know. He explained that the Municipal Code says a public official can not represent a person before a Board until he has left the position for a year, and “person” could be interpreted as a municipality. Mr. Harris said he doubts that this section is applicable, but he felt this point should be clarified.
Mr. Jirele moved to
rescind the appointment of Mr. Ward as Planning Commission Solicitor until the
matter can be revisited when an opinion from the State Ethics Commission is
available. In the interim, Harris and
Harris will provide legal counsel at Planning Commission meetings. The motion was seconded by Mr. Weaver.
Discussion of motion: Mr. Goodnoe said he will abstain from this
vote because he opposed the appointment of Mr. Ward. Mr. Harris said either Mr. Sander or himself will attend the Commission
meetings.
Mr. Harp asked if any member of the public wished to
comment; no one came forward.
Mr. Jirele’s motion
passed unanimously, with Mr. Goodnoe abstaining.
ENGINEER: Mr. Harp introduced Gerald Smith of Pennoni
Engineering Corporation, who will be attending Board of Supervisors meetings as
Township Engineer. Mr. Smith introduced
his colleague Chris Walker, who may attend when Mr. Smith is unavailable. He also introduced Nelson Shaeffer, who
will serve as Township Traffic Engineer.
PLAN EXPIRATIONS: Mr. Pellegrino said that two conditional use
hearings are scheduled for the 1/23/02 meeting. The Board must act on one that expires on 1/28/02.
OLD BUSINESS: No items for this section.
NEW BUSINESS:
PRELIMINARY PLAN -
HESTON TRACT - UPPER SILVER LAKE ROAD - TOLL BROTHERS - TMP# 29-10-77: Attorney Ed Murphy was present to discuss
the applicant’s plan to build 24 single family homes on a 77.3 acre lot in the
OR District. Mr. Murphy explained that
the preliminary plan hearing was continued from 12/12/01 for resolution of
several issues:
1. Street improvements along Upper Silver Lake Road: Mr. Murphy said that Carroll Engineering recommended curbing, sidewalks, widening and storm sewers, and the applicant will comply with this recommendation.
2. Street lights: Mr. Murphy said that Toll Brothers is proposing street lights at the two intersections of the loop street with Upper Silver Lake Road. Mr. Jirele said he would like to see two additional lights on the loop street. Mr. Murphy said Toll Brothers will comply with whatever the Board wants.
3. The barn: Mr. Murphy said the Joint Historic Commission recommended that the barn stay on site, although it is unlikely that any private individual will want to assume responsibility for its maintenance. Mr. Harp said he would like to see a written opinion from the Joint Historic Commission. Mr. Murphy said that Toll Brothers will do whatever the Township requires, including dismantling and moving the barn.
4. Open
space: Mr. Murphy said that the Open
Space Committee recommended a fee in lieu of open space. The fee would be approximately $5,000 per
lot in lieu of approximately 2 ½ acres.
Mr. Goodnoe said that developing this tract as residential
instead of office/research will cost the Township about $52,000 in lost
revenue. He suggested not approving the
plan and pursuing office/research development.
Mr. Harris said that there are several areas in which the plan does not
comply in its present form.
Jeffrey Frantz of Eastern States Engineering gave Board
members copies of a soils report, which he said had not been given to the
Township Engineer yet. Mr. Harris said
that the report may be based on the wrong floodplain survey.
Mr. Harp asked Mr. Murphy to agree to an extension to
3/14/02, so that the disposition of the barn, the open space issue and the
soils report can be discussed at a Board work session. He said that Carroll Engineering was still
the Township Engineer for this plan.
Mr. Harris advised that the soils issue must be resolved at the
preliminary plan stage.
Mr. Murphy said he understood that the Board would like to
see one or two additional street lights; Mr. Harp confirmed this.
Mr. Goodnoe said that the open space should be near the
road, joined with 2 ½ acres of active recreation space. Mr. Jirele said that he would like to see
the buffer between this residential use and any potential office use expanded.
Mr. Murphy signed an extension to 3/14/02 drafted by Mr.
Harris.
Mr. Harp said the matter will be on the Board’s agenda for
2/13/02, to give Carroll Engineering time to review the revised preliminary
plan.
PHEASANT POINTE -
ESCROW RELEASE: Mrs. Goren moved to approve the release of
$68,191.00 in escrow funds for the Pheasant Pointe project, based on
Certificate of Completion #6. The
motion was seconded by Mr. Weaver and passed unanimously.
ST. ANDREWS BRIAR -
ESCROW RELEASE: Mr. Jirele moved to approve the release of
$40,401.96 in escrow funds for the St. Andrews Briar project, based on
Certificate of Completion #5. The
motion was seconded by Mr. Weaver and passed unanimously.
Mr. Harp thanked Mr. Pellegrino for his help with the
transition from Carroll Engineering to Pennoni Engineering.
COMMUNITY COMMENTS
(CONTINUED):
Robert Williams asked how the community will benefit from
the new policy for community comments.
Mr. Harp responded that the Board is trying to make good business
decisions for the Township. He said the
Board will continue to evaluate the new policy, and noted that the School Board
handles public comment in a similar way.
Mr. Williams said that he was concerned about how the Board
seems to be manipulating the agenda for their meetings. He asked that changes in policies and the
introduction of new issues be done more openly. He also said the second half of community comments may not get
good attention from the Board.
Nancy Crescenzo asked that the Township require that the
barn on the Heston Tract be preserved on the site. She also asked that the Board consider the impact of the
residential development on school taxes.
Ms Crescenzo also stated that the Y study committee’s
meetings will be closed to the public, and that she hoped that the decision to
review the Business Development Council’s mission statement was not the result
of the Council’s desire to comment on local issues.
John Gabriel asked that policy changes such as the one
implemented tonight regarding public comment be announced and discussed in
advance. He also asked how the members
of the Ethics Committee were selected.
Mr. Harp said the Board members unanimously agreed on the appointments,
with Mr. Goodnoe abstaining.
Karen Gabriel said the Board should be glad that residents
want to be involved with Township business and to comment. She stated she felt the new policy on public
comment is unfair.
Robert Williams said the new policy will be difficult if
there is a big issue before the Board.
Mark Byelich asked that the Board interview more than one
candidate if the Planning Commission must have an independent solicitor.
EXECUTIVE SESSION: Mr. Harris said there is a need for a very
brief executive session for matters of real estate tonight, but no need for the
Board to reconvene.
ADJOURNMENT: Mrs. Goren moved to adjourn. With no objections, the meeting was adjourned
at 10:50 PM.
RESPECTFULLY SUBMITTED:
_____________________________
Gretta Stone, Recording Secretary
Minutes Approved as submitted _______ as corrected _______
_____________________________
Scott R. Harp, Chairman
_____________________________
Thomas Jirele, Vice Chairman
Anne Goren, Secretary/Assistant Treasurer
_____________________________
Richard Weaver, Treasurer
Raymond Goodnoe, Member