Newtown
Township
Board of Supervisors Work Session
JANUARY 21, 2002
MINUTES WERE APPROVED at the regular meeting February 13, 2002. WORK SESSION OF 1/21/02: Mr. Weaver moved to approve the minutes of the work session of 1/21/02. The motion was seconded by Mr. Jirele.
Members
Present:
Scott R. Harp, Chairman; Tom
Jirele, Vice Chairman; Richard Weaver,
Treasurer; Anne Goren, Secretary; Steve Harris, Solicitor; Bob Pellegrino,
Township Manager; Gerald Smith, Engineer.
Call
to Order: Chairman Harp called the meeting to order at 7:05 PM.
Newtown Ambulance Squad – Preemption Program
Colleen Murphy Campbell, Chief of Operations, requested
$5250.00 ($750 per vehicle) for preemption equipment for their ambulances. She said that the Squad is raising funds
through memberships, and that they have not yet heard from the borough
regarding their contribution. Police
and emergency services vehicles have preemption equipment already.
Mr. Weaver moved to give $3750 to the Ambulance Squad
for preemption equipment. Ms. Goren
seconded; the motion carried unanimously.
Mr. Harp asked Ms. Campbell to keep the board apprised.
Fire Association – Fire Tax
Dennis Forsyth and Warren Dallas were present. Mr. Forsyth requested BOS support for an
increase in millage, and said that the Fire Association needs at least ½ mil,
perhaps one. Mr. Forsyth said that the
Fire Association has spent $547,000 since 1996; Mr. Forsyth distributed a
handout detailing the expenditures. Mr.
Forsyth explained that they do not have the reserve they had before, which is
needed for supplemental income for families of injured firemen. He suggested that the BOS ask for an
increase of 2 mils, bringing the total millage to 5, which would give the
supervisors the flexibility to use the additional income for Emergency
Services. Mr. Harris noted that the
millage could not increase by more than 2 mils by law.
Ms. Goren noted that in each option presented the income
figure was different; Mr. Dallas explained that a percentage was used to
estimate income. Ms. Goren asked why
other municipalities paid a lower amount.
Mr. Forsyth explained that the borough contributes 3 mils, but they pay
workman’s compensation for all the volunteer firemen; Upper Makefield
contributes 2% of the fire tax; and there is a fixed contract with Middletown
Township for $7000. Mr. Forsyth also
noted that the lion’s share of the business is in Newtown Township.
Ms. Goren asked if there was any way for the township to
own the equipment or save some money; Mr. Forsyth said that the Fire
Association has been getting good return on the sale of their older
trucks. Mr. Pellegrino said that the
question to the public on the ballot could be to allow a 2 mil increase. There was discussion of the increase in
millage to be requested on the referendum.
Mr. Jirele said the township should just ask for what is needed; 2 mils
is a 20% increase. Mr. Jirele said he
would support a 1 mil referendum.
Mr. Jirele moved to authorize the solicitor to draft a
resolution to allow the fire tax to be increased to 4 mils. Ms. Goren seconded; the motion carried
unanimously. Mr. Harris will present
the draft to the board at their first meeting in February.
Mr. Harp asked for increased communication with the Fire
Association; Mr. Pellegrino said he has set up quarterly meetings with the Fire
Association.
Mission Statement – Business Development Council
Mr. Weaver presented a proposed draft of a mission
statement. Ms. Goren suggested the
board ask the BDC for assistance in attracting businesses to the LI District,
and asked Mr. Weaver to speak to the BDC concerning this issue. Mr. Weaver will present the draft of the
mission statement to the BDC at their next meeting.
Mr. Jirele said that board discussion of recommendations
from township boards should take place after the supervisors have had a chance
to research and review relevant information.
Ms. Crescenzo asked the reason for the change in the mission
statement. Mr. Jirele explained that
the supervisors define the mission for all township boards and committees. Mr. Harp said that this proposal comes out
of discussion and overview of the council’s history.
Police Department – Chief Duffy
K9 Unit
Chief Duffy, Kim Hartman, Christopher Bush and Mark Pentz
were present. Chief Duffy said that
some officers have approached him requesting the reactivation of the K9
Unit. He feels that this is even more
important as a result of the security issues that have arisen over the last six
months. He said that recently there was
a need for a bomb dog at Council Rock High School, and that they had to wait
for such a dog to come from Montgomery County.
There is a great demand for bomb dogs and there is presently only one
bomb dog in Bucks County. The Chief
emphasized that they are just requesting the reactivation of the K9 Unit.
Chief Duffy said that two officers have bought and begun
training dogs at their own expense.
Free training is available from the New Jersey State Police. The chief noted that the dogs are also a
good safety factor for the officers, and that they would be useful in drug
searches, bomb scare situations, the execution of search warrants, as well as
for tracking of and searching for missing persons. Mr. Harp said that the search capability would be important,
especially with the senior citizen centers in the township.
Chief Duffy said that the estimated cost for two dogs
annually would be $2500, and would cover veterinarian fees, cost of food and
other needs. Mr. Pentz said that he has
never charged the township for time spent walking, going to the vet, or other
time spent with his dog; he has only requested reimbursement just for
costs. Detective Bush said that the
intent was to train the dogs as much as possible on the job, and that it was
very rare for overtime to be requested by the K9 Unit. Mr. Harris noted that overtime could not be
waived in writing; Mr. Hartman said that the officers would not be asking for
overtime.
Chief Duffy said that the New Jersey State Police have
reserved two slots in their training program for the township. The dogs will be trained in Trenton eight
hours a day for a period of 20 weeks, and attending officers could be called
back if needed. The training is
presently free, but would probably cost in the future. Mr. Harp recommended that the board get a
detailed cost analysis for final review; Chief Duffy said that the deadline for
a commitment to the training was February 6th. A detailed cost analysis would be ready by
Wednesday for consideration by the board at their January 23, 2002
meeting. Chief Duffy said that the
$2500 estimated cost might be a little high, and that there would be no
additional staffing needs.
Detective Bush explained the uses of the dogs to the
detective unit. As a detective he
performs many tasks that a patrolman would be doing including tracking and
crime scene investigation. The dogs
could assist detectives with the execution of search warrants, in drug
searches, and the prompt tracking of burglars and other tracking situations.
Ms. Crescenzo said that Council Rock School District has
approved the use of drug dogs in schools.
Chief Duffy said that the school district has not approached him, and
asked her to request them to contact him regarding drug dogs. Ms. Crescenzo said she would relate his
request to the school board.
Mr. Jirele asked if the chief had considered medical
insurance for the dogs; Mr. Pentz said he thought the township had insured the
dogs in the past and that the cost was not substantial. Mr. Harp asked Mr. Pellegrino to investigate
the cost for the medical insurance for the board meeting Wednesday.
Police Athletic League
Chief Duffy said that he, Mr. Hartman and Mr. Harp had
gone to Philadelphia to view their program.
The chief said he had gone with a preconceived notion, but was impressed
by the program. He has developed some bylaws for a program in Newtown. Mr. Scott said the program gives officers
the opportunity to interact with kids, and the Chief assured the board that it
would not intrude on the wonderful programs of the Park & Recreation
Department. Mr. Harp and Chief Duffy
said that the police department is already involved with some of the programs a
P.A.L. might sponsor, such as sponsoring Little League, and that the program
could give the township access to grant money for activities as well as help
with the skate park. P.A.L. is a
volunteer program.
Chief Duffy suggested that a committee be formed to
discuss and organize a P.A.L., and to assess interest in the program among
officers. He said that the board could
appoint a few people like Bill Wert and citizens that work with children. Mr. Harp said there should be further
investigation about the cost of the program to the township.
Development Projects
Demolition Permit – Newtown Rental
Larry Fink from the Newtown Historical Commission was
present to discuss the farmhouse on the Newtown Rental property. Mr. Fink said they have done a site
visit. They reviewed the structural
engineer’s report and plan to have an independent structural engineer take a
look. The commission feels that the
farmhouse is important and should be preserved; it was built in the mid-late 18th
century.
Mr. Jirele thought that at the time of the Rental Center
hearing before the Zoning Hearing Board the owner had presented that he would
restore the house. Mr. Harris said he
would like to re-read the ZHB decision, and said that if the representation was
material then the township would want to enforce it.
Mr. Jirele moved to authorize himself, Mr. Harris and
the Newtown Historical Commission to work with the owner in an attempt to
preserve the farmhouse and ease the financial burden of restoration to the
owner, and to report back to the board.
Mr. Weaver seconded; the motion carried unanimously.
Heston Land Development
Ed Murphy, Jeff Frantz and Mike Palmer were present. Mr. Murphy presented a preliminary subdivision plan, which incorporated suggestions by the board at their last meeting. Adjustments made include:
§ Plans were revised so that alluvial soils areas would be preserved.
§ Open space was increased 3.5 acres, to 17 acres. The 50’ buffer is to be landscaped.
§ Herman’s Pond would be located on open space, to be maintained by the homeowners association.
§ The township could choose active open space or fee in lieu of. The applicable fee is $1575 per lot, totaling $119,025. If a fee in lieu were paid, 1.65 acres would have to be provided.
§ On the plan two streetlights are located at the points of access, but two additional streetlights could be added, if the supervisors wish.
§ A 4’ concrete sidewalk was suggested by the engineers instead of macadam, to minimize maintenance.
§
The fire marshal has suggested an additional fire
hydrant in a location where no public water is located. Mr. Murphy said they feel coverage is
adequate; Newtown Artesian is satisfied with the developer’s plan.
The board discussed the items above. Consensus of the board was:
§ To accept fee in lieu of open space.
§ To add two streetlights, one at each point where the road curves.
§
To approve a concrete sidewalk to run on the entire
front to the property line. Any
connection to the trail system should come later, as future development might
require it to be removed later.
Mr. Murphy said that they propose to preserve the barn on
Lot 3, and would need a variance of the setback. Mr. Fink noted that Toll Brothers had come to the Historical
Commission at the very beginning of the project, and the Commission had told
them which buildings to save. He said
Toll Brothers has done everything the Commission requested. He noted that relocating historical
buildings is not recommended by the Pennsylvania Historic and Museum
Commission, the Heritage Conservancy, the Joint Historic Commission, and their
policies. Mr. Fink said his preference
would to keep the house in its present location; his second choice would be to
move the house and preferably keep it on the Heston property. He would not object to saving the farmhouse
and moving it to another suitable location.
Mr. Murphy said that Mr. Heston doesn’t want the barn,
which dates pre-1876. Warwick Township,
as well as a few private concerns, has expressed interest in the barn. Mr. Murphy felt it would be difficult to
keep the barn where it now stands, but he was OK with putting the barn on lot
3. Mr. Jirele said he was more
concerned with the preservation of the log house on the McLaughlin Tract. Mr. Murphy said they are looking at putting
the log house on a separate lot, and will be discussing this with the
supervisors in the future.
Ms. Crescenzo asked about industrial versus residential
use of the Heston Property. Mr. Jirele
said that the Toll plan abides by the ordinance, and Mr. Harris noted that
single family dwellings are a permitted use in the OR district. Mr. Harris said that the township is
required to approve land development plans that comply with the zoning
ordinance. Ms. Crescenzo asked about
the floodplain issue on the property; Mr. Harris said that the floodplain is
protected since alluvial soils are not being developed.
Mr. Leck asked about the location of other office research
districts, and the supervisors reviewed the zoning map. Mr. Leck expressed his concern about
adequate area in the township for office research development and the increase
in demand for services and school space that results from residential
development. He said that the OR
district should be developed industrial to help tax revenue income.
Mr. Murphy said that the plans would be re-engineered and
brought back to the board in a month at the earliest. Mr. Fink said he would be speaking with Mr. Murphy, and would be
agreeable to moving the barn further back off the road.
Mr. Sterling said there is a swale that runs along his
property adjacent to the Heston Development, and Mr. Murphy confirmed that it
would be deed restricted.
Tyrol Final Plan – Clarification on 5 parking spaces
Don Marshall and Frank Tyrol were present. Mr. Marshall said that when the project on
Sycamore Street was developed, there was a reduction in parking and a fee in
lieu. The Planning Commission has
subsequently requested additional parking, and they have planned to add four
spaces. Mr. Marshall said they would
like to pay the fee in lieu for one additional space instead of five, since
they have added four parking spaces.
Ms. Goren moved to amend the condition of the final
plan approval to reduce the fee in lieu of from five parking spaces to one
parking space, at $1500 per space, since they are adding four spaces. Mr. Harp seconded; the motion carried unanimously. Mr. Tyrol agreed to add the additional
parking spaces if required in the future by the township.
Newtown Investors L.P. Project – 219 N. Sycamore Street
Mr. Mink and Mr. Marshall were present. Mr. Mink has purchased the building for a
dental office. The modified development
plan was approved, with parking proposed with 8 spaces with fee in lieu of paid
at $3000 per space. It has been
discovered that a retaining wall will be required along the creek and a permit
is needed from the Department of Environmental Resources. They are requesting a fee in lieu of for the
three additional spaces, whose location will be taken up by the required
retaining wall. There are 28 spaces on
the site for exclusive use of the dental office. With only two dentists present at a time, twelve treatment rooms
and 5-6 office staff, it is unlikely that all of the existing spaces would be
filled. Mr. Marshall said that there is
a verbal agreement with the restaurant that the neighboring restaurant can use
the parking lot on nights and weekends, outside of the dental office operating
hours. The board asked Mr. Mink to keep
the parking in green; they could be required later if the need changes with any
change in use of the property.
Mr. Jirele moved to amend the final plan approval for
Newtown Investors L.P. Project to require three parking spaces to be held in
reserve, to be added if and when required by the township. Mr. Weaver seconded; the motion carried
unanimously.
Cable TV Committee – Channel 58 Programming
James Bowe was present.
He distributed an informational handout for the board to review. He said that the committee member list on
the web required a change. He said that
there is a reciprocal agreement with Upper Makefield and Wrightstown to
broadcast Newtown BOS meetings on their cable channels, and that they would
like a formal letter of request from the supervisors to run Newtown Township
BOS meetings on their channels. Mr.
Harp directed Mr. Harris to draft a letter for him to sign.
Mr. Bowe reviewed the committee’s goals for 2002, which
included renaming the committee to indicate a change in the scope of the
committee to address telecommunications issues, not just cable TV. Mr. Harris suggested that the committee
should redefine its scope and purpose as well as change its name. Mr. Bowe will contact Judy Setar for a copy
of the ordinance concerning the committee.
Mr. Bowe said he would also like to attend meetings of the Joint Cable
TV Advisory Board to keep informed. Mr.
Bowe said that some municipalities have franchise fees for Internet access; Mr.
Pellegrino will investigate.
Mr. Bowe said that two top goals of the committee are to
increase the quantity and quality of content on PEG channels, and to realign
channels and bring local universities online.
Ms. Goren asked about the costs associated with these goals; Mr. Bowe
said he had no cost in mind. Ms. Goren
suggested that perhaps corporations could donate funds.
Mr. Bowe noted ideas for encouraging cable competition in
his packet that were discussed by the committee, and asked for BOS
feedback. Mr. Bowe said that presently
there are four feeds to our PEG channels:
Channel 23 feeds from the township building, Channel 58 from Wrightstown
(Upper Makefield video system is coming online), and two feeds are from BCCC
and school district locations. Mr.
Harris suggested that other meetings could be fed from the township building
meeting room, and he and Mr. Bowe agreed that a lesser quality than that of the
supervisor meeting broadcasts would be acceptable.
The board discussed various programming possibilities,
including the development of programs by the township. Mr. Bowe will meet with Toby Mochel,
Directory of Technology for the school district, next week. Mr. Bowe said he would like to investigate
the showing of other township meetings on the cable channel; Mr. Harris
suggested that meetings of the municipalities that make up the jointure and the
school district might be of interest.
Mr. Bowe has a meeting scheduled with Steve Rabbit from Comcast,
and will ask about getting the state C-Span channel for Newtown, and about
requirements for getting additional PEG channels. Mr. Harp asked about the possibility of Internet capability in
the Industrial Commons; Doug Terry will work with Mr. Bowe and Comcast.
Conditional Use Procedures
Mr. Harris noted that the Business Development Council had
worked on streamlining these procedures in the past. He said he thought that the township has too many conditional
uses, and said that concerns have been raised about whether the current
procedure follows the Municipalities Planning Code. He said that Upper Makefield would like to simplify the
procedures and Wrightstown is not adverse to a review. Wrightstown doesn’t want conditional uses to
become special exceptions.
Mr. Harris said it would be a good idea to get together a
committee to study and simplify the procedure.
Mr. Jirele suggested that the Joint Planning Commission could study the
issue; Mr. Harp suggested that they be given a finite period of time to
consider the matter. It was suggested
that the supervisors ask for a recommendation from the Joint Planning
Commission by May, after 90 days. Mr.
Terry suggested that the committee include business people for input from their
perspective. As liaison to the Business
Development Council, Mr. Weaver could speak to the council’s members for input.
Goals for 2002
Mr. Harp said he would like to schedule an hour meeting to
discuss this issue exclusively. A
tentative date was set for Thursday, January 31, 2002 at 8:00 AM in the lower
level meeting room. Mr. Harp will check
the date with Mr. Goodnoe. Ms. Dunleavy
will serve as recording secretary for the meeting.
Ms. Crescenzo asked if there would be opportunity for
public input regarding the township’s goals.
Mr. Jirele said that the January 31st meeting is a public
one, and that he would discuss the results of the meeting at a regular BOS
meeting. He said that this topic would
be discussed a number of times, and that there would be plenty of time for
public input.
Municipal Expansion Project
Mr. Harp said that the board needs to give direction to
Mr. Pellegrino. Mr. Pellegrino said he
has looked at the plans and felt that the design provided quite usable
space. He had concerns about several issues:
whether Park & Recreation should be in the new space or remain in
Martindell, what should be done with the Public Works garage, and records
storage. He suggested fine-tuning the
plans, re-working the numbers, then considering resources. Mr. Harp suggested storage, a teen center,
or meeting space in the old garage. Ms.
Goren said that functionality was key.
Mr. Pellegrino said some areas should be larger, in relation to the size
of the township and services rendered, and that all departments should be
brought into the discussions. Mr. Harp
asked Mr. Pellegrino to review the plans and return to the board with his
ideas.
Ms. Crescenzo asked if the board was aware of the
increased number of students, near 40, expected to be schooled at the alternative
school next to Goodnoe Elementary School.
Mr. Jirele said that expansion of the facility to accommodate the
increased student population had been approved.
Administrative Issues
Staff Reporting
Mr. Pellegrino asked the board what kind of reporting from township staff they would like: comprehensive? How often? Mr. Jirele expressed the desire to see land development plans as soon as they are submitted; the board agreed that they would like to receive overall site plans with a brief description of the project. Mr. Pellegrino will speak to Mr. Harwood. It was suggested that the Public Works report could be less detailed. Ms. Goren said she liked seeing the PW detail, especially time spent by township in the borough. Mr. Pellegrino said he would be reviewing time vs. income in the borough. Mr. Smith suggested that perhaps a summary report would suffice. Mr. Pellegrino said that he had spoken to Mr. Smith regarding the engineering report; Mr. Smith should have reports soon. He and Mr. Pellegrino meet weekly.
Mr. Harp said he would like to see a template for the budget. He said an executive summary from Mr. Pellegrino should provide the board with necessary information. The board agreed that monthly finance reports are sufficient, and once or twice a year a listing of long-term obligations. Mr. Pellegrino said he would add to his calendar a reminder to send out annual financial filing report forms to the appropriate elected and appointed officials.
Mr. Pellegrino said that the administration is working on the Annual Report; department narratives are due in February. They are looking to distribute the report in April. Mr. Harp said he was looking forward to the public seeing the report.
Safety Committee Appointments
Mr. Pellegrino said there were two conflicting documents defining this committee. He suggested amending the code to change the committee’s name to “Occupational Safety Committee”, negotiate the CWA agreement to add a few people, and rescind then reappoint the committee. Mr. Pellegrino said this is not a big issue for CWA; they are just interested in representation. The currently appointed committee consists of Paul Deppi, Don Harris, Elaine Gibbs, Norman Moorhead, Martin Bray, Bill Wert and a PBA representative. Mr. Pellegrino would sit in on the meetings as well. Mr. Pellegrino will report back to the board.
Assistant Treasurer Bond
Mr. Pellegrino suggested that the bond for the assistant treasurer be reduced to save $518 in premium payment; the bond could be increased if the assistant treasurer were needed to fill in for the treasurer.
Mr. Weaver moved to reduce the bond for the assistant
treasurer to $1.5 Million. Mr. Jirele
seconded; the motion carried unanimously.
Other Issues
Swamp Road Safety Study
Mr. Jirele said he had received a draft of the final report from the Swamp Road Study for review purposes. He said CAC wanted to review the document; someone in the township office will set up a meeting. Mr. Pellegrino will call Urban to get the board copies of the study.
HARB Bylaws
Mr. Jirele said that HARB has drafted revised bylaws to present to the board. Mr. Jirele will contact HARB for copies for review by the board and Mr. Harris.
Plowing of the Trails
Mr. Jirele said he remembered the purchase several years ago of equipment to plow the trails, and asked if the township would be plowing the trails. Mr. Harris thought he remembered that there were agreements with the developers for the township to plow the trails. Mr. Pellegrino will check with Public Works.
Executive Session
(10:40 PM)
Adjournment
Without objection, the
meeting was adjourned after the executive session.
Respectfully Submitted
by:
Leslie. Dunleavy, Recording
Secretary 1/30/02