Newtown Township

Board of Supervisors Minutes

September 25, 2002


MINUTES WERE APPROVED at the regular meeting October 9, 2001. MINUTES OF REGULAR MEETING OF 9/25/02:  Mr. Weaver moved to approve the minutes of the 9/25/02 regular meeting; the motion was seconded by Mr. Jirele and passed unanimously.


The Newtown Township Board of Supervisors met on Wednesday, September 25, 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: Planning Commission Chairperson Karen Doorley, Cable TV Committee Chairman Jim Bowe, Park and Recreation Chairman Bernie Bires, HARB Vice Chairperson Elinor Campbell, Police Chief Martin Duffy, Township Solicitor Stephen Harris, Township Engineer Gerald Smith, Township Manager Robert M. Pellegrino and Township Finance Director Elaine Gibbs.

 

 

CALL TO ORDER:  Chairman Harp called the regular meeting to order at 8:00 PM with a moment of silence.

 

 

INVOCATION:  Given by Paul Kester, Past Clerk of Worship and Ministry of Bucks Quarterly Meeting and Newtown Monthly Meeting of Friends (Quakers). This was followed by the Pledge of Allegiance.

 

 

ADDITIONS TO THE AGENDA:   Mr. Harp announced there will be an executive session following the public meeting for matters of personnel.  Mr. Pellegrino added that the Solicitor will discuss a JMZO amendment to be advertised; and the Engineer will present two resolutions relating to permit applications in his report.  Mr. Harp added that Mrs. Goren will make a brief report on the Codes Committee meeting under Reports of Officials.

 

 

MINUTES, BILLS LIST AND REPORTS

 

MINUTES

 

MINUTES OF REGULAR MEETING OF 8/28/02:  Mr. Weaver moved to approve the minutes of the 8/28/02 regular meeting; the motion was seconded by Mrs. Goren and passed unanimously.

 

MINUTES OF WORK SESSION OF 9/16/02:   Mr. Weaver moved to approve the minutes of the work session of 9/16/02; the motion was seconded by Mrs. Goren and passed unanimously.

 

BILLS AND INTERFUND TRANSFERS:  Mr. Weaver moved to pay bills totaling $138,774.05, and to make interfund transfers totaling $5,069.69.  The motion was seconded by Mrs. Goren and passed unanimously.

 

TREASURER’S REPORT

 

BUDGET PROCESS:  Mr. Weaver reported that preliminary budget reviews have been completed with all departments.

 

BILLS LIST - 9/11/02:  Mr. Goodnoe said the 9/11/02 bills list has not yet been discussed or approved.  Mr. Harp said it will be on the agenda at the next meeting.

 

 

SPECIAL ACTIONS

 

RETIREMENT OF HELEN CONWAY - POLICE DEPARTMENT:  Mr. Harp presented Ms Conway with a plaque recognizing her nearly 21 years of service in the Police Department.  Chief Duffy thanked Ms Conway for her dedicated service, and noted that the Township will be hosting a retirement dinner in her honor on 9/26/02.

 

PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT:  Mr. Harp opened the public hearing on the Township’s application for Community Development Block Grant (CDBG) funds.  He said that the Planning Commission recommended that the Township apply for funds to update the Subdivision and Land Development Ordinance, which is one of the permitted uses of the funds.  Mr. Pellegrino explained that the Township can apply for approximately $62,000 in CDBG funds over the next three years.  A portion of the funds can be applied for each year, or the entire amount can be requested in one year.  The estimated cost of the update is $20,000, and this is the maximum that the Township can use for planning purposes.

 

Mr. Harp asked for comments from Board members; there were none.  He then asked for comments from the public.

 

Nancy Cresenzco, a Township resident, asked if the funds can be used for upgrading playground equipment for the handicapped.  Mr. Pellegrino said he will look into this.  Mr. Jirele said the funds could possibly be used to build a new playground specifically for disabled residents.

 

Mrs. Goren moved to apply for $20,000 of Community Development Block Grant funds with which to update the Subdivision and Land Development Ordinance.  The motion was seconded by Mr. Jirele and passed unanimously.

 

Mr. Harp closed the hearing.

 

PUBLIC HEARING - PRD VARIANCE REQUEST - DANIEL GOURLEY - 120 EVERETT DRIVE - TMP# 29-28-316:  Mr. Harp opened the hearing.  Applicant Daniel Gourley was present and was sworn in.  Mr. Gourley stated that he wishes to build a 14 foot by 24 ½ foot family room addition on his home, which would result in 3.55 % greater impervious surface than permitted in the ordinance.  Mr. Jirele asked if the proposed addition would fit into setback requirements; Mr. Gourley said it will. 

 

Mr. Jirele moved to approve the PRD variance request for 120 Everett Drive.  The motion was seconded by Mrs. Goren and passed unanimously.

 

Mr. Weaver moved to close the hearing.  The motion was seconded by Mrs. Goren and passed unanimously.

 

CONDITIONAL USE - NEWTOWN FIRE ASSOCIATION - 55 MUNICIPAL DRIVE - TMP# 29-3-18-2:  Mr. Pellegrino said the applicant’s attorney might be late.  Mr. Harp agreed to postpone consideration of this item to New Business.

 

 

REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS

 

PARK AND RECREATION BOARD:  Board Chairman Bernie Bires reported on the Board’s 9/4/02 meeting.  The Board discussed the Little League’s plans for their next season, the skateboard committee and Silver Lake Park.  They also heard from Toll Brothers about the Hoffa Tract on Eagle Road, and recommended a fee in lieu of park and recreation facilities.  Mr. Bires said that revenue and participation in programs are up, and the Roberts Ridge playground was officially opened on 9/22/02.

 

Mr. Harp thanked everyone involved in developing Roberts Ridge Park.

 

PLANNING COMMISSION:  Commission Chairperson Karen Doorley reported on their 9/3/02 and 9/17/02 meetings.  On 9/3/02, the Commission reviewed the DiNardo sketch plan for a subdivision on Stoopville Road, several traffic issues and the best way to notify the public about Commission agenda items.  They also recommended that the JMZO “Housekeeping” amendments be adopted as they appear in the 8/14/02 letter from Patrice Scully.  Options for the 2002 Community Development Block Grant were reviewed, and the Commission recommended that the Township apply for funds to update the Subdivision and Land Development Ordinance.

 

On 9/17/02, the Commission reviewed a preliminary as final plan for the expansion of the Newtown Fire Company’s’ facility on Municipal Drive.  The Commission recommended approval for the plan and for the conditional use application.

 

Mr. Dallas indicated that he was comfortable with holding the conditional use hearing at this time, without the Company’s attorney.  The plan will be reviewed under New Business.

 

CONDITIONAL USE - NEWTOWN FIRE COMPANY - 55 MUNICIPAL DRIVE - TMP# 29-3-18-2:  Mr. Harp opened the hearing.  Warren Dallas of the Newtown Fire Company was sworn in.  He explained that the Company would like to expand their current 4,180 square foot building with a 2,400 square foot addition to accommodate all their equipment indoors.  The Company is requesting an F-2 Emergency Service Use, since it was not clear if a special exception permitting this use was granted earlier.

 

Mrs. Doorley noted that the Planning Commission recommended that the application be approved provided that the Company comply with the 8/15/02 letter from the Heritage Conservancy, the activities on the site remain the same, the hours of operation are 6:00 AM to 6:00 PM Monday through Friday, no hazardous materials are present and no noxious environmental effects are generated.

 

Mr. Goodnoe said he would not like to see the hours of operation limited in any way; other Supervisors agreed.

 

Mr. Harp asked if there were further comments from the Board or from the public; there were none.

 

Mr. Jirele moved to approve the F-2 conditional use for the Fire Company’s expanded building, provided that the Company comply with the 8/15/02 letter from the Heritage Conservancy, the activities on the site remain the same, no hazardous materials are present and no noxious environmental effects are generated.  The motion was seconded by Mrs. Goren and passed unanimously.

 

Mr. Weaver moved to close the hearing.  Mrs. Goren seconded the motion, which passed unanimously.

 

Mrs. Doorley continued with her report of the 9/17/02 Planning Commission meeting.  She said that the Commission reviewed a conditional use application from Applebee’s, in the Newtown Shopping Center, to add a “to go” service to their restaurant, with four parking spaces designated for this use.  The Commission recommended approval of this application, provided that no signs face the Bypass.  The Commission reviewed a preliminary as final plan for Mill Race Office Campus on Lindenhurst Road, and recommended approval with several conditions.  Mrs. Doorley noted that this application will be discussed in detail later in the agenda.

 

Mrs. Doorley said that the Commission continued their discussion of notification of residents concerning Commission agenda items, and decided that residents requesting individual notice of agenda items will be asked to consult the Township website, view the cable TV announcements, or call the Township offices.

 

Paul Kester, a member of the Planning Commission, said he was not able to attend the 9/17/02 meeting, but had a question about the Applebee’s application.  Mr. Kester asked if the applicant planned to include alcoholic beverages in the “to go” service.  Mrs. Doorley responded that the issue had not come up, and should be raised when the Board of Supervisors hold the public hearing on this application, which is scheduled for 10/9/02.

 

BUSINESS DEVELOPMENT COUNCIL:  Mr. Weaver reported on the Council’s 9/5/02 meeting, at which they discussed bulk rate permits, membership requirements and updating the New Business handbook.  Also, the Council will be bringing recommendations on medical uses and impervious surface requirements in commercial areas to a work session in the future.

 

FINANCIAL PLANNING COMMITTEE:  Mr. Weaver reported on the Committee’s 9/10/02 meeting, at which they accepted Richard Fusco’s resignation and discussed the Township’s capitalization policy.  Regarding Mr. Goodnoe’s proposed budget resolution, the Committee unanimously approved making the following recommendations to the Board of Supervisors:

 

1.      To develop a balanced budget as accurately as possible using actual revenue and defining expenses realistically.

2.      To separate operating and capital expenditures into two separate budgets.

3.      Capital projects would not be undertaken unless adopted as part of the budget.

 

Mr. Weaver reported that the Committee will discuss the use of reserve funds at their 10/8/02 meeting.  Mr. Harp thanked Mr. Weaver for providing copies of the draft minutes of the Committee’s 9/10/02 meeting to the Board of Supervisors.

 

Mr. Goodnoe said he attended the Financial Planning Committee meeting on 9/10/02, and he would like the Board of Supervisors to discuss his resolution and the Committee’s recommendations.

 

Mrs. Goren said she did not want to discuss Mr. Goodnoe’s resolution until the Committee has finished their review.  Mr. Jirele said the only item the Committee did not discuss was the use of reserve funds, and that was not part of Mr. Goodnoe’s resolution.  Mrs. Goren said she is in favor of what the Financial Planning Committee has recommended.

 

Mr. Jirele said he favors Mr. Goodnoe’s resolution, except that he has concerns about the first point.  He said that in most situations it is good to have expenses equal revenues, but the Board should have the flexibility to draw on the reserves when it seems warranted.  He agreed that the Township should focus on developing a balanced budget this year, and probably for the next few years.  He said he would support Mr. Goodnoe’s resolution if it applied only to the 2003 budget.

 

Mr. Goodnoe said the Township’s budgets have grown over the last few years because of increased revenue from development, but this growth will not continue.  He said the Township should set a policy about deficit budgets now.  Mr. Goodnoe asked if others on the Board agreed that operating expenditures should be separate from capital expenditures.  There was general agreement.  

 

Mr. Goodnoe asked if others on the Board agreed that a capital expenditure is defined as an item costing at least $25,000 and having a life of at least five years.  Mr.  Jirele said he felt the definition should have more flexibility.  Mr. Goodnoe asked if the definition would be better if the “and” was replaced with “or”.  Mr. Jirele said he would like a recommendation from Mr. Pellegrino.

 

Mr. Pellegrino suggested that the Board wait until his draft budget is available before setting any policies, since the 2003 budget will not look like any previous Township budget.  He said he is following state budgeting codes.  He said the important question to address is:  When is it appropriate to use reserves?  He said he intends to present a balanced budget, without the use of reserves.  The Board of Supervisors will have to decide if the level of service possible with a balanced budget is acceptable, or if funds need to be drawn from the reserves to raise the level of service.

 

Mr. Jirele commented that Mr. Goodnoe’s resolution would limit the Township’s ability to draw on reserves if appropriate.  He stated he agrees with the Financial Planning Committee’s second and third recommendations.  Mrs. Goren said she will wait to see the budget proposal from Mr. Pellegrino before commenting.

 

Mr. Harp encouraged volunteers to apply for the opening on the Financial Planning Committee by writing to Mr. Pellegrino.

 

CABLE TV COMMITTEE:  Jim Bowe, Chairman of the Cable TV Committee, reported on their 9/18/02 meeting.  He said the Committee is working with Comcast and residents to resolve some problems with Comcast’s upgrade in the Ridings of Newtown.  The Committee has also addressed some problems in Newtown Crossing.

 

Mr. Harp said he was contacted by a resident who was grateful for the Committee’s help.  He also said the Board of Supervisors is considering expanding the Committee.  Mr. Bowe said he would welcome an expansion.

 

Mr. Goodnoe asked if the Committee has evaluated the Comcast system to determine if it is “state of the art”.  Mr. Bowe responded that the Committee is considering the best way to do an audit, which they cannot do until at least 36 months into the contract.  He said the Committee does not have the technical expertise to do it themselves, but may be able to get all the communities with Comcast service to do an audit together.  Mr. Bowe said he has not yet received a cost estimate from Mr. Polner, but he expects to be able to provide the Township with an estimate in time to get it into the 2003 budget.

 

HISTORIC ARCHITECTURAL REVIEW BOARD (HARB):  Elinor Campbell, Vice Chairperson of HARB, reported on their 9/10/02 meeting, at which the Board discussed a proposed sign and landscaping at a property owned by Gary Mink on Sycamore Street.

 

CERTIFICATE OF APPROPRIATENESS - 219 N. SYCAMORE STREET - LANDSCAPING:  Mr. Jirele moved to approve a Certificate of Appropriateness for a landscaping plan for 219 N. Sycamore Street, as recommended by HARB at their 9/10/02 meeting.  The motion was seconded by Mr. Goodnoe and passed unanimously.

 

CERTIFICATE OF APPROPRIATENESS - 219 N. SYCAMORE STREET - DENTAL OFFICE SIGN:  Mr. Jirele moved to approve a Certificate of Appropriateness for a dental sign for 219 N. Sycamore Street as recommended by HARB at their 9/10/02 meeting.  The motion was seconded by Mr. Weaver.

 

Discussion of motion: Mr. Jirele asked what colors were proposed.  Mrs. Campbell said it is a white, gray and black sign.

 

Mr. Jirele’s motion passed unanimously.

 

 

MEMBERS’ COMMENTS

 

SCHOOL DISTRICT:  Mr. Jirele asked if the School District had responded to the letter that the Board of Supervisors decided to send following a discussion at the work session.  Mr. Harp said they informed him that a response is being prepared.

 

 

COMMUNITY COMMENTS

 

Frank Mendicino, a resident of Tyler Walk, thanked the Supervisors for supporting the DARE program, and for keeping a police officer at the high school.  He also said he was concerned about a rumor he heard that some people were planning to disrupt the opening of the Clark property.

 

Mike Iapalucci, a Township resident, asked what the letter to the School Board was about.  Mr. Harp said the letter asked four questions about the impact of the recently signed teachers’ contract on the residents of the Township.  Mr. Iapalucci also said there are several problems at the entrance to the Newtown Shopping Center, including very high weeds on the triangle in the middle of the intersection and on the land across the street.  Mr. Pellegrino said he will look into who is responsible for these maintenance tasks.

 

Nancy Cresenzco, a Township resident, said the signage for parking at the Roberts Ridge Park is confusing.  Mr. Pellegrino said the Township will be putting up signs, and can paint lines for handicapped parking spaces until signs are available.

 

Ms Cresenzco said that the Financial Planning Committee agendas and minutes are not up to date on the website.  Mr. Pellegrino said he will look into this.  Ms Cresenzco suggested that the Committee could meet again sooner than 10/8/02.  She asked if the budget process will be held up until the Committee finishes its discussion of reserve funds; Mr. Harp said it will not be held up.

 

Ms Cresenzco asked about several items on the 9/11/02 bills list.  Mr. Harp said the bills list will be discussed at the 10/9/02 Board of Supervisors meeting.  Ms Cresenzco asked for the total spent on the Clark property so far.  Mr. Harp said he could not give her an exact figure, but the costs have been reasonable.  Ms Cresenzco also said she has concerns about the safety of the access to the Clark property, as did the Planning Commission when they reviewed the plan.  Mr. Weaver said he has been there frequently and has not had any problems.  Mr. Smith said PennDOT has issued a permit after the Township trimmed some foliage and improved the sight distances.

 

Elinor Campbell, a Township resident, suggested the access could be right in/right out, as she feels left turns out of the Clark property are dangerous.  Mr. Smith said this was suggested to PennDOT, but it was not approved because 25 or fewer trips a day are anticipated.

 

John D’Aprile, a Township resident, said it was reported at the Wrightstown Board of Supervisors meeting that land development in Newtown Township has caused all the traffic problems on Swamp Road.  He also said that three nominations for the Acme Visioning Committee were rejected at the most recent work session on a 3-2 vote.

 

 

REPORTS OF OFFICIALS

 

CHAIRMAN

 

ROBERTS RIDGE PARK:  Mr. Harp thanked all who contributed to the development of the park. 

 

WORK SESSION OF 9/16/02:  Mr. Harp reported that items discussed at the work session included the waiving of fees for the Genesis Church, a letter to the School Board, appointments to the Acme Visioning Committee, the historic house on the Newtown Rental property, and expansion of the municipal complex.  The five new appointments to the Visioning Committee are:  Kathy Lesser, Tammy Sutton, Melva Vitoriano, Colleen Rees and Gail Laughlin.  The Board met in executive session afterwards for matters of land acquisition and personnel.

 

TAX MILLAGE:  Mr. Harp said a referendum will appear on the ballot for a one mill tax increase for the new firehouse.

 

BUDGET HEARING:  Mr. Harp said the public hearing for the 2003 budget will take place on 11/12/02.  The work session of 11/18/02 can be devoted to further discussion of the budget if necessary.

 

TRAFFIC MEETING:  Mr. Harp said the Township has been trying to arrange a meeting at which the Swamp Road study will be discussed.  Possible dates for the meeting are 12/5/02 or 12/12/02. 

 

OTHER BOARD MEMBERS

 

CODES COMMITTEE:  Mrs. Goren said the Committee met on 9/12/02 and discussed a resident’s problem regarding the return of his escrow funds.  The next Committee meeting will be 10/10/02.

 

MANAGER

 

PLAN EXPIRATIONS:  Mr. Pellegrino said there are no expirations to be addressed.

 

GENESIS CHURCH REQUEST FOR WAIVER:  Mr. Pellegrino provided copies of a 9/10/02 letter from D. Keith Brown, attorney for the Genesis Community Church.  The church has requested a waiver of the requirement for a second application fee for the church to extend its use variance.  The church also asked that the $1500 they already paid be refunded.  Mr. Harris recommended that the church be required to pay the Township’s out of pocket expenses in connection with the hearing.

 

Mrs. Goren moved to waive the requirement of a second application fee for the Genesis Community Church to extend their use variance, and to refund the $1500 paid by the church on 7/25/02.  The church will reimburse the Township for out of pocket expenses in connection with the hearing.  The motion was seconded by Mr. Jirele and passed unanimously.

 

MINIMUM MUNICIPAL OBLIGATION:  Mr. Pellegrino provided copies of a 9/18/02 memo from the Finance Director regarding the Minimum Municipal Obligation.  He read the following statement:

 

The financial requirement and the 2003 Minimum Municipal Obligation for the Newtown Township Police Pension Plan will be $132,690.

 

The financial requirement and the 2003 Minimum Municipal Obligation for the Newtown Township Non-uniformed Employees’ Pension Plan is $121,292.

 

Mr. Pellegrino said that the Township will receive most of these funds in state aid; the balance will be about $44,000.

 

ACME VISIONING COMMITTEE:  Mr. Pellegrino announced that the organizational meeting of the Committee will be on 10/3/02, and public hearings will be on 10/10/02 and 10/28/02 at 8:00 PM in the Municipal Building.  All meetings are open to the public.

 

REQUEST TO WAIVE FEES - DURHAM ROAD ASSOCIATES:  Mr. Pellegrino said that Durham Road Associates have asked to have their application fees waived for their request to the Zoning Hearing Board, since their application is necessitated by a Township request.  Mr. Pellegrino said he will place this on the next work session agenda.

 

TRAFFIC SIGNAL AT DURHAM ROAD AND SHOPPING CENTER ENTRANCE:  Mr. Pellegrino said the Township has received verbal approval from PennDOT to change the traffic cycles on the light at this intersection, which should relieve problems with left turns.

 

CLOSED LOOP SYSTEM:  Mr. Pellegrino said the Closed Loop System is now operating; the Township is counting cars and collecting data.  Mr. Goodnoe asked if emergency pre-emption is operating at the intersection in Middletown; Mr. Pellegrino said this is in the works.

 

MEETING WITH LOWER MAKEFIELD:  Mr. Pellegrino said he met recently with the manager and the chief of police of Lower Makefield Township about coordinating efforts at truck traffic enforcement.

 

REQUEST FROM TOLL BROTHERS:  Mr. Pellegrino said that Toll Brothers has asked that Pennoni Associates perform the engineering work for the road improvements associated with the McLaughlin Tract on Stoopville Road.  Ed Murphy, the attorney for Toll Brothers, was present for another matter and stated that PennDOT suggested that the Township be the permitee for the work.  Toll Brothers will reimburse Pennoni for their work.   Mr. Smith said that Phil Wursta was at the meeting with PennDOT, and Pennoni has no objections to doing the work.

 

Mr. Jirele said he is concerned about the same engineer designing the work and then reviewing it.  Mr. Smith said everything will have to be submitted to PennDOT.  Mr. Goodnoe and Mr. Weaver said they agree with Mr. Jirele’s concern.  Mr. Harris said the Township could have Toll Brothers pay for another firm to review the work.  Mr. Goodnoe said that Pennoni will still be inspecting the work, and he does not like the plan.  Mr. Murphy said Toll Brothers will do the engineering in whatever way the Township prefers.  Mr. Harp said the issue will be put on the next work session agenda.

 

WEBSITE:  Mr. Goodnoe asked if the 2002 budget and the bills lists can be posted on the website; Mr. Pellegrino agreed to have this done.

 

SOLICITOR’S REPORT

 

ZONING HEARING BOARD APPLICATIONS FOR 10/3/02:  Mr. Harris reviewed the nine applications scheduled for the 10/3/02 meeting of the Zoning Hearing Board.  The Supervisors did not indicate a desire to oppose any of the requests.

 

JMZO AMENDMENT - E-16 USE IN TC DISTRICT:  Mr. Harris noted that the Planning Commission discussed #573-02, a request from Pryda LLC, extensively.  The Commission suggested that the Solicitor explore the possibility of a JMZO amendment to alleviate some problems in the current TC District zoning.  Mr. Harris provided copies of a 9/20/02 letter from Solicitor Dave Sander describing problems identified by the Planning Commission and by Vince Lombardi, Chairman of the Sycamore Street Committee.  The goal would be to spare applicants the expense of seeking a variance for an E-16 use from the Zoning Hearing Board, and also to allow the Planning Commission and the Board of Supervisors the opportunity to review a conditional use application.  Mr. Sander’s letter asks for authorization to draft and advertise an amendment.

 

Mrs. Goren moved to authorize the Solicitor to draft and advertise a JMZO amendment regarding E-16 Use in the TC District and to send the amendment to the Jointure, to all planning commissions and boards of supervisors in the Jointure, and to the Bucks County Planning Commission.  The motion was seconded by Mr. Weaver and passed unanimously.

 

JMZO - ORDINANCE 2002-13 - HOUSEKEEPING:  Mr. Harris provided copies of the Housekeeping Amendment proposed by the Jointure, with the 8/14/02 letter from Pat Scully.

 

Mr. Jirele moved to refer this ordinance to the Planning Commission.  The motion was seconded by Mrs. Goren and passed unanimously.

 

YBM MAGNEX - MAINTENANCE BOND:  Mr. Harris provided copies of a 9/11/02 letter from the attorney for the court appointed Receiver and manager of YBM Magnex.  He is requesting that the company’s escrow be returned, as all of the public improvements at 110 Terry Drive have been completed.  He is also asking that the maintenance bond be waived since the sidewalk was installed over four years ago and has no defects requiring repair.  Mr. Harris said there are no other outstanding issues.

 

Mr. Goodnoe moved to release the balance of the approximately $230,000 escrow after payment of all the Township’s costs, and to waive the requirement for a maintenance bond for the sidewalk.  The motion was seconded by Mrs. Goren and passed unanimously.

 

NEWTOWN CORPORATE CENTER:  Mr. Harris said he sent copies of the very lengthy documents regarding the Land Use Appeal by the neighbors of the Newtown Corporate Center to Mr. Pellegrino for the Supervisors’ reference.  He said he will not respond to either the motion or the petition, but will keep the Board informed of all developments.

 

ENGINEER’S REPORT

 

LINTON HILL ROAD BOX CULVERT REPLACEMENT - FINAL PAYMENT CERTIFICATION #4:  Mr. Smith provided copies of his 8/29/02 letter recommending payment of $17,148.50 to Professional Construction Contractors.  He said this is the final payment for work on this project.  Mrs. Goren asked about the amount of the maintenance bond; Mr. Smith responded that the amount is $71,485.

 

Mrs. Goren moved to pay $17,148.50 to Professional Construction Contractors as a final payment for work on the Linton Hill Box Culvert Replacement.  The motion was seconded by Mr. Weaver and passed unanimously.

 

LINTON HILL ROAD AND ROUTE 532 TRAFFIC LIGHT BIDS:  Mr. Smith provided copies of Mr. Wursta’s 9/20/02 letter reporting on bids for the installation of a traffic light at this intersection.  Mr. Wursta recommended awarding the project to the lowest bidder, Armour and Sons Electric.

 

Mr. Weaver moved to award the contract for installation of a traffic light at Linton Hill Road and Route 532 to Armour and Sons Electric for $86,013.30.  The motion was seconded by Mrs. Goren and passed unanimously.

 

PERMIT APPLICATION - FLASHING WARNING DEVICES AT TYLER STATE PARK AND WEST HANOVER ROAD:  Mrs. Goren moved to approve an application for a permit to install flashing warning devices at the pedestrian crossing at the Tyler State Park driveway and West Hanover Road.  The motion was seconded by Mr. Weaver and passed unanimously.

 

PERMIT APPLICATION - TRAFFIC SIGNAL AT ROUTE 413 AND NORTH DRIVE:  Mr. Jirele moved to approve an application for a permit to install a traffic signal at Route 413 and North Drive.  The motion was seconded by Mr. Weaver and passed unanimously.

 

MYLARS - FIRST NATIONAL BANK:  Mr. Jirele moved to sign the mylars and financial security agreements for the First National Bank.  The motion was seconded by Mr. Weaver and passed unanimously.

 

ENTRANCE TO NEWTOWN SHOPPING CENTER:  Mr. Goodnoe asked if the overlay at the entrance to the Shopping Center will be done soon.  Mr. Smith said this is one of several issues he is discussing with PennDOT.  Mr. Goodnoe said that PennDOT is requiring the overlay; Mr. Smith said that was not his understanding.

 

RIGHTS OF WAY:  Mr. Goodnoe said that at the last meeting he requested that Mr. Smith look into and report on how requirements for rights of way are determined.  Mr. Smith said he will follow up on this.

 

 

OLD BUSINESS:  None.

 

 

NEW BUSINESS

 

PRELIMINARY AS FINAL PLAN - MILL RACE OFFICE CAMPUS - 1051 LINDENHURST ROAD - TMP# 29-10-79:  Attorney Donna Wengiel, architect Dan Winokur, and applicant Daniel Doorley were present to discuss the plan to construct a new building of 8840 square feet for D-1 office use on a 5.4374 acre site in the OR District.  There is an existing office building on the site.

 

Ms Wengiel stated that the existing driveway to Lindenhurst Road will be abandoned, and access will be shared with the Newtown Corporate Center.  She noted that the Zoning Hearing Board granted a variance of the minimum requirement for the side yard, and a special exception was granted to permit parking in the 100 year floodplain and to permit building on a nonconforming lot.

 

Ms Wengiel reviewed the recommended conditions and waivers listed in the Planning Commission’s 9/23/02 letter, and said the applicant requests approval with these conditions.  She noted that a total of 38 parking spaces will be constructed, but 22 of them will be in reserve.  There are six spaces currently on the site. 

 

Mrs. Goren said the foliage along the Newtown Corporate Center access road creates a dangerous condition.  Ms Wengiel said the applicant will remedy the situation.

 

Mr. Jirele asked about the waiver of sidewalks on Lindenhurst Road.  He said that the Township required CAU to put sidewalks on this road.  He said he would like to see a sidewalk from the south driveway to the Trail. 

 

Nancy Cresenzco asked if the sidewalk could be put behind the buildings.  Mrs. Goren said she felt a sidewalk along the road made sense.

 

Mr. Weaver moved to approve the preliminary as final plan for Mill Race Office Campus, subject to the conditions recommended in the Planning Commission letter of 9/23/02, plus the following conditions:

 

·       The applicant will provide a cross easement agreement with Brandywine Realty Trust for the access road and the sidewalk

·       The row of trees along the driveway will be removed.

·       A sidewalk connecting the south driveway to the Trail will be installed along Lindenhurst Road

·       Financial security and other agreements will be provided

·       All permits and approvals will be obtained

·       All costs of review will be paid by the applicant

·       All waivers recommended in the 9/23/02 Planning Commission letter are granted with the exception of the waiver of Section 517

 

The motion was seconded by Mr. Jirele and passed unanimously.

 

PRELIMINARY AS FINAL PLAN - NEWTOWN FIRE COMPANY - 55 MUNICIPAL DRIVE - TMP# 29-3-18-2:  Warren Dallas of the Newtown Fire Company and attorney Ed Murphy were present to discuss the plan for expanding the existing building on a 1.2258 acre parcel in the Municipal Services District.

 

Mr. Murphy reviewed the Planning Commission letter of 9/23/02, and said there are no big issues on this plan.

 

Mr. Harris asked the Board of Supervisors how they would like to deal with the issue of financial security.  Mr. Jirele and Mr. Harp said they want to require financial security to protect Township residents.  Mr. Harris asked if the Supervisors wished to waive the traffic impact fee and the park and recreation fee; there was general agreement with this.

 

Mr. Goodnoe asked how much it will cost the Fire Company to post security.  Mr. Murphy said he will find out what the Company can do.  Mr. Harris said the Company can give the Township cash and get it back when the expansion is done.  Mr. Harris also said there is no need for water and sewer agreements.

 

Mr. Goodnoe moved to grant preliminary as final approval to the Fire Company’s plan for expanding their building, subject to the following conditions:

 

·       Compliance with the 9/12/02 Pennoni letter and the 8/15/02 Heritage Conservancy letter

·       All necessary permits and approvals will be obtained

·       Financial security agreements will be provided

·       All costs of review are paid by the applicant

·       The five waivers requested are granted

·       The sides of the basin will be planted with crown vetch

·       Traffic and park and recreation fees are waived.

 

The motion was seconded by Mr. Jirele.

 

Discussion of motion:  Mr. Jirele asked Mr. Smith to explain what a freeboard is.  Mr. Smith said the waiver refers to the height of the spillway above the 100 year flood level.

 

Mr. Goodnoe’s motion passed unanimously.

 

 

COMMUNITY COMMENTS (CONTINUED)

 

Nancy Cresenzco asked about Township participation in meetings of the Jointure.  Mr. Harp said Mr. Weaver attends regularly.  She asked about the progress of the YMCA feasibility study; Mr. Harp said his understanding is that it is not finished.  Mr. Weaver said he is on the YMCA committee and has not heard anything.  Ms Cresenzco asked if there will be room for a community center in the Municipal Complex; Mr. Harp said that is a possibility.  Ms Cresenzco said she felt Mr. Goodnoe’s budget resolution was not dealt with correctly.

 

Frank Mendicino, a resident of Tyler Walk, said it is obvious that speakers from the community have a political agenda.  He also asked that Supervisors not call a question to cut off discussion.  Also, he asked the Board not to align themselves with the YMCA, since it is obvious that the business community is against it. 

 

Mr. Mendicino said that representatives from Tyler Walk and Newtown Grant met recently to discuss traffic problems, and will meet again.  He said the two groups are not that far apart.  He criticized Mr. Tonge and Ms Hermann for their statements during Community Comments and in the newspaper.  He asked when a decision will be made about inspecting the Swamp Road culvert; Mr. Harp said the Township is working on it.

 

Richard Tonge, a resident of Newtown Grant, displayed a map of the Newtown area and said that truck traffic is being dumped onto Stoopville Road because of the artificial restrictions caused by the damaged culvert.

 

Mr. Harp encouraged all groups to work together.

 

Mr. Tonge suggested that the meeting about traffic be held either before the election or after the holidays.  He asked that all interested parties in the region be invited to the meeting.  Mr. Jirele said the meeting should focus on a discussion of the Swamp Road study, which cost $125,000 and has not yet been discussed in detail.

 

Mr. Mendicino said that the traffic light at Wrights Road will make the access to the Clark property safer.

 

 

EXECUTIVE SESSION:  The Board met in executive session for matters of personnel following the public meeting.

 

 

ADJOURNMENT:  With no objections, the meeting was adjourned at 12:20 PM.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

_____________________________

Gretta Stone, Recording Secretary

 

 

Minutes Approved as submitted _______ as corrected _______

 

 

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Scott R. Harp, Chairman

 

 

_____________________________

Thomas Jirele, Vice Chairman

 

 

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Anne Goren, Secretary/Assistant Treasurer

 

 

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Richard Weaver, Treasurer

 

 

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Raymond Goodnoe, Member