MINUTES WERE APPROVED at the regular meeting December 11, 2002. MINUTES OF REGULAR MEETING OF 11/20/02:  Mrs. Goren moved to approve the minutes of the 11/20/02 regular meeting; the motion was seconded by Mr. Weaver and passed unanimously, with Mr. Jirele abstaining.

The Newtown Township Board of Supervisors met on Wednesday, November 20, 2002, in the Township meeting room at 8:00 PM.  In attendance were Supervisors:  Chairman Scott Harp, Treasurer Richard Weaver, Secretary/Assistant Treasurer Anne Goren and Member Raymond Goodnoe.  Also present were: Police Chief Martin Duffy, Cable TV Committee Chairman Jim Bowe, Planning Commission Vice Chairman Allen Fidler, Township Solicitor David Sander, Township Engineer Gerald Smith, Township Manager Bob 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 Almira J. Sharp of Newtown Friends Meeting.  This was followed by the Pledge of Allegiance. 

ADDITIONS TO THE AGENDA:  Mr. Harp announced there will be no executive session tonight. 

MINUTES, BILLS LIST AND REPORTS 

MINUTES OF REGULAR MEETING OF 11/6/02:  Mr. Goodnoe moved to approve the minutes of the 11/6/02 regular meeting; the motion was seconded by Mrs. Goren and passed unanimously. 

BILLS AND INTERFUND TRANSFERS:  Mr. Weaver moved to pay bills totaling $145,518.05, and to make interfund transfers totaling $306,369.25.  The motion was seconded by Mrs. Goren and passed unanimously. 

TREASURER’S REPORT 

CURRENT BUDGET:  Mr. Weaver stated that the Township’s revenues in the current fiscal year exceed expenses by $218,494.85 as of the end of October. 

SPECIAL ACTIONS 

NEWTOWN CHAMBER ORCHESTRA:  Bliss Michelson of the Newtown Chamber Orchestra made a brief presentation.  This is the Orchestra’s 13^th season.  They will be presenting a concert at Bucks County Community College on 11/24/02. 

HANG 2003 BUDGET:  Mr. Weaver moved to hang the budget; the motion was seconded by Mrs. Goren. 

Discussion of motion:  Mr. Goodnoe said the public should have a chance to comment before the budget is hung.  Mr. Harp assured him that there will be time for public comments after it is hung. 

Mr. Weaver’s motion passed unanimously. 

Tony Petsis, a Township resident, said he understood funding for the Joint Downtown Newtown Corporation (JDNC) has been dropped from the 2003 budget, and he stated he opposes this action.  He said he is a JDNC board member and the group’s treasurer. 

Nancy Crescenzo, a Township resident, said she is concerned about dropping the funding for the JDNC and the contributions to the libraries, since these items impact directly on the Township’s relationship with its neighbors.  She said spending for Parks and Recreation is excessive, and would like to see a community center as part of the Township’s plans. 

Frank Mendicino, a Township resident, asked the Board to keep taxpayers in mind as their top priority. 

Walter Iwaskiw, a Township resident, asked if the budget has been changed since the 11/12/02 budget meeting; Mr. Harp said it has not been changed.  Mr. Iwaskiw said he is concerned about engineering costs and Park and Recreation costs rising dramatically.  He suggested that revenues be monitored monthly in 2003.  Mr. Harp said the Township is projecting less spending on engineering this year, and grants are covering a significant portion of Park and Recreation costs.  Mr. Iwaskiw said engineering costs have gone from $210,000 in 2001 to $251,000 projected for 2002 and $624,000 projected in 2003. 

Mark Craig, a Newtown Borough resident, asked the Board to reconsider its position on the JDNC funding.  He said the Board should have discussed this decision with Borough officials. Mr. Craig asked if this decision represents a major change in the Board’s thinking.  Mr. Harp said the Board will discuss this tonight.  

Mr. Goodnoe asked if the Board intends to drop the funding for the JDNC and for the contributions to the Wrightstown and Newtown Borough libraries.  Mrs. Goren responded that she would support adding the library contributions back in, since the Fire Company has said they need only half a mill increase in the Fire Tax this year. 

Mr. Harp said the funding of the JDNC is discretionary.  It is a $100,000 commitment over the next five years, and he questioned whether the Township would be getting its money’s worth.  Mr. Harp suggested that the problem of vacant commercial space may be addressed with other tools, such as the Redevelopment Authority and the Chamber of Commerce.  He said he cares very much about the Township’s relationship with the Borough, and the two municipalities are already working well together on several projects. 

Mr. Weaver said he is in favor of funding the library contributions.  He said he agrees with Mr. Harp’s questions about the value of the JDNC, but he would like to know more about it. 

Mr. Goodnoe said money spent on the JDNC would produce many benefits for the taxpayers and the business community.  He said the decision to initiate the JDNC was a well researched one, and the partnership of the Township and the Borough is unique in the state’s Main Street Manager program.  Mr. Goodnoe asked why the decision to stop funding it was not discussed with the Borough or with him, since he is the chairman of the JDNC Board. 

Mr. Goodnoe said the Board has tried to eliminate projects and groups with which he is active, such as the homeowners association program, the Bucks County Association of Township Officials (BCATO), and now the JDNC.  Therefore, he is resigning from the JDNC Board effective immediately, so that this will not be a factor in the Supervisors’ consideration of this item in the budget. 

Mrs. Goren said pulling out of BCATO has not been discussed.  Mr. Goodnoe said Mrs. Goren suggested this at the last meeting.  Mrs. Goren said she originally thought there was some overlap with other groups, but she has since reconsidered.  She said she favors eliminating funding of the JDNC, and noted that it is a private corporation over which the Board of Supervisors has no control.  She suggested the JDNC can raise money through contributions and grants.  Mr. Goodnoe said the State is matching the municipalities’ contributions, so the money is well spent. 

Mrs. Goren said that, in a memo, Mr. Jirele questioned the $63,000 expenditure for document digital imaging, since Mr. Pellegrino said the Township is not ready to do this work.  Mr. Harp said that can be taken out, along with half a mill of the Fire Tax and $9,000 for the utility cost payment for Station 55.  He said the Fire Company has said that they can pay the utility costs this year if they get the half mill increase. 

Mr. Goodnoe said revenues can be expected to go down as the Township is built out, yet the 2003 budget projects an increase this year.  He said he is not in favor of the police contract with Wrightstown Township, and asked how the Township can provide this service for less than Buckingham Township.  He said the payment for police services goes up 5% each year, but the Township’s police budget is going up more than that this year.  Mr. Goodnoe also expressed concern about the Roads Department budget, which has also grown more than 5%.  He said he cannot support this budget. 

Mrs. Goren moved to make the following changes to the 2003 budget as hung tonight: 

·       Defer document digital imaging costs until the following year, when the Board can evaluate the Township’s readiness.

·       Change the Fire Tax to 3.5 mills.

·       Eliminate the $9,000 budgeted for utility cost payment from the general fund for Station 55.

·       Eliminate the $20,000 contribution to the JDNC. 

The motion was seconded by Mr. Weaver. 

Discussion of motion:  Nancy Crescenzo asked why the Board did not comment on Mr. Goodnoe’s resignation from the JDNC.  She said the Township’s relationship with the Borough is at stake, and the business community is disaffected. 

Karen D’Aprile, a Township resident, said she agrees with Mr. Goodnoe that the Board is attacking everything with which he is involved. 

Frank Mendicino said Mr. Goodnoe’s resignation from the JDNC is a political ploy, and he questioned if the JDNC is doing what was meant to do. 

Mark Craig asked the Board to support the JDNC’s Main Street Manager program.  He said the Newtown area needs a professional to work full time on implementing their plans.  Mr. Craig offered to meet with the Supervisors between tonight and 12/11/02 to explain why the JDNC is worth supporting. 

Walter Iwaskiw said the JDNC would benefit taxpayers by filling the commercial vacancies and increasing tax revenues.  He asked why the Township spends so much on parks but nothing on this. 

Mrs. Goren’s motion passed 3-1, with Mr. Goodnoe voting “nay”. 

Mr. Weaver said he is willing to meet with Mr. Craig and learn more about the JDNC.  Mr. Harp said he is also willing. 

CONDITIONAL USE HEARING - SUBWAY SANDWICHES AND SALADS - VILLAGE AT NEWTOWN SHOPPING CENTER - TMP# 29-3-24-6:  Frank Mendicino was present to discuss his request for an E-6 Eating Place/Drive-In Use for 2000 square feet of an existing building in the Planned Commercial District.  Mr. Harp opened the public hearing, and Mr. Mendicino was sworn in. 

Mr. Mendicino said he planned a facility seating 44 persons, with walk in and take out service.  He stated there will be no cooking on the premises, and he is not seeking any special parking arrangements. The restaurant will be open from 6:00 AM to midnight, seven days a week.  There will be an average of 15 employees and a maximum of 30 on site, in three shifts.  A large truck will make a delivery every Wednesday morning between 7:00 AM and 9:00 AM in the rear of the building.  There will be no hazardous materials or noxious environmental effects, and there are refuse containers in the rear and in front of the store. 

John D’Aprile asked if there will be baking on site.  Mr. Mendicino said the restaurant will bake its own bread, like all Subways, but there will be no grease tray.  Other foods will be heated in a microwave oven. 

Mrs. Goren moved to approve the request for an E-6 Restaurant Use with the conditions described above.  The motion was seconded by Mr. Weaver and passed unanimously. 

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

REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 

HISTORIC ARCHITECTURAL REVIEW BOARD (HARB) 

CERTIFICATE OF APPROPRIATENESS - LA STALLA:  There was no representative of HARB present.  However, Frank Cipullo of La Stalla was present to discuss their requests for a Certificates of Appropriateness.  He said the restaurant would like to enclose an existing overhang with a temporary structure to extend the outdoor eating season. 

Mrs. Goren asked if this will increase the seating capacity and change the requirements for an occupancy permit.  Mr. Sander said it might. 

Mr. Pellegrino said the temporary structure has been approved by the Codes Department.  

Mr. Goodnoe moved to approve the Certificate of Appropriateness for a temporary structure for La Stalla, in accordance with the HARB recommendation.  The motion was seconded by Mr. Weaver and passed unanimously. 

Mr. Cipullo said the restaurant also asked for permission to move a statue to a different position in the courtyard. 

Mrs. Goren moved to approve the Certificate of Appropriateness for the relocation of the statue at La Stalla.  The motion was seconded by Mr. Weaver and passed unanimously. 

CITIZENS BANK:  There was no representative present, so the item was tabled.  (See later.) 

PLANNING COMMISSION:  Commission Vice Chairman Allen Fidler reported on their 11/19/02 meeting.  He said that the preliminary plan for the Hoffa Tract was reviewed and approval was recommended with several conditions.  The applicant will construct the Trail from the border with the Elliott property on the west side of Eagle Road, down to the access road, at which point the Trail will cross Eagle Road and continue down the east side.  The applicant also agreed to allocate 3163 square feet of impervious surface to each lot, ensuring that each homeowner will be able to add a deck or a patio. 

Mr. Fidler said the Commission discussed tentative plans for the Village at Newtown South, and recommended that the impervious surface not be increased.  The Commission also discussed an application to the Zoning Hearing Board from Platinum Executive Suites, which is seeking relief from the requirement to obtain a new occupancy permit each time they have a new tenant.  The business involves short term rentals.  Commission members took no position on this request, and recommended that the Board and the Fire Marshal discuss this. 

Housekeeping amendments to the JMZO and a Cell Tower Ordinance were discussed, and it was recommended that the Board approve both. 

HARB (CONTINUED) 

CERTIFICATE OF APPROPRIATENESS - CITIZENS BANK:  Ethel Hibbs, Secretary of HARB, was present and said that the Citizens Bank application for a Certificate of Appropriateness was previously tabled to allow review by the Codes Department, but it had already been approved by Mr. Harwood, according to Mr. Harwood’s memo of 11/12/02. 

Mrs. Goren moved to approve the Certificate of Appropriateness for Citizens Bank.  The motion was seconded by Mr. Weaver and passed unanimously. 

CABLE TV COMMITTEE:   Committee Chairman Jim Bowe reported on their meeting earlier this evening.  He said a Borough member has resigned.  Comcast has begun offering a new “video on demand” service and improved internet service.  Mr. Bowe said the Committee may recommend adding members and changing its name to the Newtown Area Telecommunications Advisory Committee to reflect its expanding scope.  Mr. Harp asked Mr. Bowe to bring a formal proposal to the Board, perhaps to the 12/16/02 work session. 

Mr. Bowe also reported that the Committee may be able to meet at Borough Council chambers.  He said that Committee members recently attended a meeting of the Council Rock School Board Cable Committee, and learned the School Board will be using students to record some of their meetings.  

Mr. Bowe said the Committee will not meet in December. 

Mr. Goodnoe asked if the Committee has evaluated the level of Comcast’s service.  Mr. Bowe said the Committee can do some of this work, especially if they add members.  He said the Committee already receives some annual reports about service levels. 

FINANCIAL PLANNING COMMITTEE:  Mr. Weaver said the Committee reviewed the proposed 2003 budget and praised the work done by Mr. Pellegrino and Ms Gibbs.  

BUSINESS DEVELOPMENT COUNCIL:  Mr. Weaver said the Council met on 10/3/02. They expressed support for raising the maximum impervious surface ratio in the O/LI District.  There was a guest speaker from PennDOT who discussed ongoing projects in the Newtown area.  In December the Council plans to discuss the Stockburger proposal and conditional use procedures. 

MEMBERS COMMENTS:  None. 

COMMUNITY COMMENTS 

Ethel Hibbs, Secretary of the Joint Historical Commission, asked the Board to appoint Elizabeth Gish as an honorary member of the Commission, to have a voice but not a vote.  Mr. Harp said that can be done. 

Nancy Crescenzo asked Mr. Harp if he attended the Jointure meeting.  Mr. Harp responded that he did, and he will continue to attend when he can.  Ms Crescenzo asked if the new records disclosure policy applied to all requests from all citizens; Mr. Harp said it does.  Ms Crescenzo expressed concern about increases in engineering bills. 

REPORTS OF OFFICIALS 

CHAIRMAN 

ECUMENICAL SERVICE:  Mr. Harp reminded the public of the ecumenical Thanksgiving service on 11/26/02. 

WEE CARE BEAR PROGRAM:  Mr. Harp announced that there will be a presentation on the Wee Care Bear program on 12/6/02 at 10:00 AM at Goodnoe Elementary School. 

SWAMP ROAD STUDY MEETING:  Mr. Harp reminded the public of the meeting scheduled for 12/5/02 at 7:00 PM to discuss the Swamp Road Study.  The meeting will be at the Anchor Church. 

BOARD MEETING SCHEDULE:  Mr. Harp announced that the next Board of Supervisors meeting will be 12/11/02, and there will be no second meeting in December. 

ACME SITE VISIONING COMMITTEE:  Mr. Harp announced that the next meeting of the Committee will be 11/21/02 at 8:00 PM. 

VACANCIES:  Mr. Harp asked that any resident interested in one of the vacancies on Township boards and commissions send their resume to the Township Manager. 

OTHER BOARD MEMBERS 

CODES COMMITTEE:  Mrs. Goren reported on the 11/14/02 Committee meeting.  An applicant asked for relief from the requirement for a handrail and smoke detectors.  The Committee denied relief on the handrail, and the applicant has asked to come to the Board of Supervisors work session on 12/16/02.  The next Codes Committee meeting is 12/12/02. 

MANAGER 

PLAN EXPIRATIONS:  Mr. Pellegrino said there are no expirations needing to be addressed.  He noted that AT&T Wireless and AstaTech  have withdrawn their applications. 

RAPID ACCESS KEY BOXES:  Mr. Pellegrino provided copies of a 10/4/02 memo from the Emergency Services Department asking the Board to approve an ordinance requiring Rapid Access Key Boxes on all non-residential properties within the Township.  Mrs. Goren suggested getting some comments from the business community before approving the ordinance.  Mr. Weaver said he will take it to the Business Development Council. 

SOLICITOR 

NEWTOWN MEADOWS DEDICATION:  Mr. Sander said all required documents have been submitted and a motion is required to accept the public improvements for dedication.  Attorney Caroline Edwards was present, representing Beazer Homes, and she stated that all items have been addressed.  Mr. Smith said that this plan was not reviewed by Pennoni Associates. 

Mr. Weaver moved to accept dedication of the public improvements at Newtown Meadows.  The motion was seconded by Mrs. Goren.  

Discussion of motion:  Mr. Goodnoe said the improvements should be inspected before dedication is accepted, and the Township should check with the Homeowners Association to see if there are any items needing attention. 

Mr. Weaver agreed to amend his motion to add a condition that the appropriate Engineer verifies that all punch list items have been addressed.  Mrs. Goren agreed to amend her second, and the motion passed 3-1, with Mr. Goodnoe voting “nay”. 

ZONING HEARING BOARD - 12/5/02 MEETING:  Mr. Sander said there is one new application scheduled, from Platinum Executive Suites.  They are asking for a blanket certificate of occupancy instead of having to secure individual certificates.  They rent office space for very short terms.  Mr. Sander said he has an 11/18/02 memo from the Fire Marshal opposing this application. 

Mrs. Goren said she does not oppose it because Office Use is involved, and the other Board members agreed. 

JMZO AMENDMENTS:  Mr. Sander said the following four ordinances have been advertised for public hearing tonight. 

FORESTRY ORDINANCE:  Mr. Harp opened the public hearing on the ordinance.  

Mr. Weaver moved to enact JMZO Ordinance 2002-1.  The motion was seconded by Mrs. Goren and passed unanimously. 

Mr. Harp closed the public hearing. 

RESIDENTIAL DISCLOSURE STATEMENT ORDINANCE:  Mr. Harp opened the public   hearing on the ordinance. 

Mr. Weaver moved to enact JMZO Ordinance 2002-09.  The motion was seconded by Mrs. Goren. 

Discussion of motion:  Mrs. Goren said she has a personal interest in this ordinance, since she and other homebuyers in her development were lied to in writing by the developer.  She asked that the ordinance be amended in two places on page 2, section 01:  

·       Midway through the paragraph, “No occupancy permit or temporary occupancy permit shall be issued…until the Zoning Officer determines the filed Residential Disclosure Statement to be complete and accurate.”

·       In the next sentence, “The Zoning Officer shall have a minimum of five (5) working days…” 

Mrs. Goren asked that the ordinance be amended further: 

·       to exempt the Township from liability.

·       to require that the Codes Office verify the statement at the developer’s expense.    

Mr. Sander said that Wrightstown does not have the resources to verify the Statements.  Mrs. Goren suggested that Newtown’s Codes Office could do it for Wrightstown for a fee.  Mr. Sander said the suggested amendments need to be discussed with the other two municipalities in the Jointure.  

Mr. Weaver agreed to discuss these amendments at the next Jointure meeting.  Mr. Pellegrino will discuss with Mr. Harwood whether the Township can verify Statements for Wrightstown. 

Mrs. Goren moved to table this item until further information can be gathered.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Nancy Crescenzo asked why the item is being tabled.  Mrs. Goren explained that the Board wants to get the reactions of the other municipalities and the advice of the Township Codes Officer regarding the proposed amendments. 

Mrs. Goren’s motion passed unanimously. 

Mr. Goodnoe said he is not sure the other two municipalities have the resources to do what Mrs. Goren proposed.  He asked if the Township can exempt itself from liability.  Mr. Sander said it can. 

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

CELL TOWER AMENDMENT:  Mr. Harp opened the hearing. 

Mrs. Goren moved to enact JMZO Ordinance 2002-12.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Mr. Sander said the two Upper Makefield parcels involved are the Gunser Tract and the Dudley Tract.  One site is adjacent to the Township.  However, he said cell towers are already permitted on that tract; the amendment is requiring a special exception. 

Mr. Goodnoe said he does not want to adopt this amendment before Upper Makefield does.  Mr. Sander said it is being considered by the Upper Makefield Board of Supervisors tonight.  Mr. Harp suggested the item be tabled until it is known whether the amendment was passed by Upper Makefield.  

Mrs. Goren and Mr. Weaver withdrew their previous motion. 

Mrs. Goren moved to table the Cell Tower Amendment.  The motion was seconded by Mr. Weaver and passed unanimously. 

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

HOUSEKEEPING AMENDMENTS:  Mr. Harp opened the hearing. 

Mrs. Goren moved to enact JMZO Ordinance 2002-13.  The motion was seconded by Mr. Weaver and passed unanimously. 

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

POLICE CONTRACT - WRIGHTSTOWN:  Mr. Sander provided a revised draft of the contract for the Township to provide police services to Wrightstown Township.  He said he understands that it is acceptable to the Wrightstown Board of Supervisors.  Mr. Pellegrino said the contract calls for the Township to provide the same service in Wrightstown that it provides in Newtown. 

Mr. Weaver moved to approve the Police Contract.  The motion was seconded by Mrs. Goren. 

Discussion of motion:  Mr. Goodnoe asked how will “extraordinary police services” (Section 3.C.) be determined.  Mr. Sander said there is a process for resolving disputes in Section 1.I.  Mr. Goodnoe asked that the Township Supervisors receive the same reports that will be sent to Wrightstown; Mr. Pellegrino said this will be done. 

Mr. Goodnoe said he feels the Township will be subsidizing Wrightstown, because the payments will go up only 5% a year, while the Township’s police budget goes up more than 5% a year.  Mr. Pellegrino said his research indicates this will be a profitable arrangement. 

Police Chief Martin Duffy said his department will need two more officers.  He assured the Board that both townships will get excellent service. 

Mrs. Goren said she is familiar with how the projected costs were calculated, and she is satisfied that the arrangement will be profitable. 

Nancy Crescenzo said that the public should have been able to discuss this contract earlier.  She expressed doubt that only two additional officers will be able to provide adequate coverage to Wrightstown. 

Mr. Pellegrino explained that this is a ten year contract, with a two year escape clause.  It can also be terminated with 60 days notice with cause.  He said that Wrightstown is not predicted to grow much in the next decade.  He said that a file cabinet and two lockers will need to be acquired for the additional officers. 

Mike Iapalucci, a Township resident, asked if officers will issue two different kinds of citations.  Chief Duffy said the jurisdiction is determined at the District Justice level; both townships are in the same district.  He said that coverage will be fluid according to the need. 

Frank Mendicino said this contract indicates a good relationship with the Township’s neighbors. 

John D’Aprile said the 5% annual increase seems low. 

Mr. Weaver’s motion passed 3-1, with Mr. Goodnoe voting “nay”. 

ENGINEER 

LESSER - SIGNING OF MYLARS:  Mr. Smith said the mylars for this plan are ready for signing.  He said that two parking spaces had to be eliminated to protect the creek, and his office supports this modification. 

Mrs. Goren moved to sign the mylars for the Lesser plan.  The motion was seconded by Mr. Weaver and passed unanimously. 

OLD BUSINESS 

LOWER MAKEFIELD AGREEMENT:  Mr. Pellegrino provided copies of a proposed intergovernmental agreement between Newtown and Lower Makefield regarding traffic issues.  He said he conferred with Representative David Steil regarding the content and process. 

Mr. Harp read the four major points of the draft agreement. 

Mrs. Goren moved to approve the Lower Makefield Agreement.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Mr. Sander said this agreement must be in the form of an ordinance, so the motion should be to authorize the Solicitor to draft an ordinance incorporating the agreement by reference, and to advertise it for approval at the next Board meeting. 

Mrs. Goren and Mr. Weaver agreed to amend their motion to authorize the Solicitor to draft an ordinance approving the Lower Makefield Agreement by reference and authorizing him to advertise it. 

Discussion of the motion:  Mrs. Goren said she would like two additions to the agreement under the “Roadway B” section: 

·       The first sentence should read “…on the Roberts Tract, if the Roberts Tract develops as an office/research use, and which will be developed so as to connect…”

·       Add two sentences saying “It is understood that Roadway B will not provide any indirect or direct connection to Lindenhurst Road.  For example, Roadway B will not connect to the current CAU driveway or parking lot, nor will it provide access through the ICT property to Lindenhurst Road.” 

Mr. Goodnoe suggested that the paragraph regarding Roadway B should also state that the configuration of Roadway B on the sketch should not be construed literally.  He also said this agreement will bar future Boards from legal access to a public street. 

Frank Mendicino said that Lower Makefield has always been concerned about OR District traffic going onto Lindenhurst Road, but he is concerned about Lower Makefield’s office/research district putting a great deal of traffic on Township roads.  He urged the Supervisors to be careful when dealing with Lower Makefield. 

Nancy Crescenzo asked Mrs. Goren to explain her additions to the agreement.  Mrs. Goren said that at one time the Township considered making a road like Roadway B connect directly with Lindenhurst Road, and this is what she would like to prevent. 

Mr. Harp asked Mr. Sander to read the paragraph on Roadway B with the additional comments made by Mrs. Goren, which he did. 

Mrs. Goren and Mr. Weaver agreed to amend their motion to authorize the Manager to incorporate in the agreement Mrs. Goren’s comments as described above.  

Discussion of the amended motion:  Ms Crescenzo asked if this agreement will have any effect on Brandywine or ICT’s ability to develop their property.  Mr. Sander said he did not think it will.  Ms Crescenzo asked if this agreement means Roadway B is a public street.  Mr. Harp said the agreement does not specify whether it is public or private. 

Mrs. Goren’s motion passed 3-1, with Mr. Goodnoe voting “nay”. 

NEW BUSINESS 

FINAL PLAN - MINOR SUBDIVISION - LOMBARDI - 123-125 N. SYCAMORE STREET - TMP# 29-12-11:   Vince Lombardi, attorney John VanLuvanee and engineer Don Wright were present to discuss Mr. and Mrs. Lombardi’s  plan to divide a .6509 acre property in the TC District into two lots.  

Mr. VanLuvanee said the plan returns this property to its original two lots.  They were joined in 1973 when the minimum lot size in the District was changed.  Now the minimum has been reduced.  No development is proposed.  He said that the Zoning Hearing Board has granted a variance on the side yard.  Waivers have been requested from the plan scale and the street trees, and the Planning Commission recommended approval of the plan and the waivers. 

Mr. Goodnoe asked if Mr. Lombardi has the appropriate agreements regarding his wall with the Sycamore Street project; Mr. Lombardi said none are necessary, since the level of the street has been changed since earlier discussions.  Mr. VanLuvanee said the plan shows the existing right of way, which was a question posed by the review letters. 

Mrs. Goren moved to approve the final plan for the Lombardi minor subdivision, subject to compliance with the Heritage Conservancy letter of 10/21/02 and the Pennoni Associates letter of 10/24/02, where appropriate, with waivers granted on the plan scale and the street trees.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Mr. VanLuvanee asked who determines what parts of the review letters are applicable.  Mr. Sander suggested that the motion should specify that the applicant comply with point B.7 of the Pennoni letter, and that reference to the Heritage Conservancy letter should be dropped since there are no points in that letter with which the applicant needs to comply. 

Mrs. Goren and Mr. Weaver agreed to amend their motion in accordance with the Solicitor’s advice.  The motion passed unanimously. 

NEWTOWN/FOX CHASE RAIL LINE - DISCUSSION:  Mrs. Goren provided a packet of materials relating to the proposed Rails to Trails conversion of the Newtown train line.  She said she is asking the Board of Supervisors to oppose this proposal.  She said the County Planning Commission and the Commissioners also oppose the conversion. 

Mr. Goodnoe said the Newtown Board of Supervisors has always supported the revitalization of the rail line. 

Mrs. Goren moved to send a letter to Ellie Baranowski of the Upper Southampton Township Task Force supporting Ms Baranowski’s group’s efforts to oppose the Rails to Trails conversion of the Newtown rail line, with copies to all groups and individuals mentioned in the packet.  The motion was seconded by Mr. Weaver and passed unanimously. 

COMMUNITY COMMENTS (CONTINUED) 

Richard Tonge, a resident of Newtown, asked for a report on the Swamp Road culvert.  Mr. Smith said that Pennoni wrote a memo to the Board of Supervisors that reported the culvert was found to have deteriorated over the last five years from fair to poor condition; it was described as in serious condition in May 2002.  PennDOT recommended reduced weight restrictions, inspections every six months and regular maintenance.  

Mr. Tonge said that if the culvert is fixed, that would add only about a quarter mile more of truck traffic on Swamp Road.  He asked for and received a copy of Mr. Smith’s memo. 

Frank Mendicino said the issue is the volume of traffic.  He said Congressman Greenwood has made this a priority, and it seems both sides will win. 

Nancy Crescenzo had several questions about the 2003 budget.  She asked why a community center is not in the budget, since other park and recreation projects are.  Ms Crescenzo said the Board should have set policies before developing the budget. 

EXECUTIVE SESSION:  None. 

ADJOURNMENT:  With no objections, the meeting was adjourned at 12:20 AM, 11/21/02. 

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