MINUTES WERE APPROVED at the regular meeting February 12, 2003. REGULAR MEETING OF 1/22/03:  Mr. Weaver moved to approve the minutes of the 1/22/03 regular meeting; the motion was seconded by Mrs. Goren and passed unanimously.

The Newtown Township Board of Supervisors met on Wednesday, January 22, 2003, in the Township meeting room at 8:00 PM.  In attendance were Supervisors:  Chairman Scott Harp, Vice Chairman/Assistant Treasurer Anne Goren, Treasurer/Secretary Richard Weaver, Member Thomas Jirele and Member Raymond Goodnoe.  Also present were: District Justice Donald Nasshorn, Planning Commission Chairperson Karen Doorley, Cable TV Committee Chairman Jim Bowe, Park and Recreation Board Chairman Bernie Bires, HARB Co-Chairperson Elinor Campbell, Police Chief Martin Duffy, Township Solicitor Steven 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 Pastor Bob Gillis of the Northampton Presbyterian Church.  This was followed by the Pledge of Allegiance. 

ADDITIONS TO THE AGENDA:  Mr. Pellegrino requested that the minutes of the 1/6/03 organization meeting be considered under Minutes, Bills List and Reports; and there is no need for an executive session tonight.  Mr. Harp announced that the minutes of the regular meeting of 1/8/03 will be considered at the next meeting because the copies distributed to members are incomplete. 

MINUTES, BILLS LIST AND REPORTS

MINUTES OF ORGANIZATION MEETING OF 1/6/03:  Mr. Jirele moved to approve the minutes of the 1/6/03 organization meeting; the motion was seconded by Mr. Weaver and passed unanimously. 

BILLS AND INTERFUND TRANSFERS:  Mr. Weaver moved to pay bills totaling $320,579.70, and to make interfund transfers totaling $304,260.00.  The motion was seconded by Mrs. Goren and passed unanimously.  

TREASURER’S REPORT 

2002 FISCAL YEAR:  Mr. Weaver announced that in 2002, the Township increased its reserves by about $500,000.  He thanked Mr. Pellegrino and Ms. Gibbs for their hard work. 

SPECIAL ACTIONS 

OATH OF OFFICE - 2003 NEWTOWN FIRE ASSOCIATION OFFICERS:  District Justice Donald Nasshorn administered the oath of office to the 2003 officers of the Fire Association. 

“NO PLACE FOR HATE” PROGRAM:  Michael Bonney of the Anti-Defamation League presented a plaque to the Board of Supervisors designating Newtown as a “No Place for Hate” community.  He introduced Natalie Joy Kaye, who was instrumental in applying for Newtown’s designation and organized the activities that fulfilled the requirements.  Ms. Kaye said Newtown is the first community in Southeast Pennsylvania to meet the criteria. 

REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 

HISTORIC ARCHITECTURAL REVIEW BOARD (HARB):  Elinor Campbell, Co-Chairman of HARB, asked the Board of Supervisors to approve a Certificate of Appropriateness for a sign for Sage Chiropractic at 281 N. Sycamore Street. 

Mr. Weaver moved to approve a Certificate of Appropriateness for a sign for Sage Chiropractic, in accordance with HARB’s recommendations at their 1/14/03 meeting.  The motion was seconded by Mrs. Goren and passed unanimously. 

PARK AND RECREATION BOARD:  Chairman Bernie Bires reported on the Board’s 1/7/03 meeting.  The Board welcomed new member Michael Clancey and elected Mr. Bires as Chairman and Andy Levine as Vice Chairman.  They heard a report on tree planting at Roberts Ridge Park, and reviewed plans to expand the Township Trail in 2003.  The Winter-Spring program brochure has been mailed.  The Board will meet on the first Wednesday of the month for the rest of the year. 

CABLE TV COMMITTEE:  Chairman Jim Bowe reported on the Committee’s1/15/03 meeting, which was held in Newtown Borough Council chambers.  Mr. Bowe was elected Chairman and Walter Iwaskiw was elected Vice Chairman.  Notice of rate changes were received from Comcast.  The Committee discussed the possibility of using volunteers for videotaping meetings with Ron Weaver and Video Gold, and identified future needs for AV equipment. 

Mr. Harp asked if progress is being made on getting cable service for the Newtown Industrial Commons.  Mr. Bowe responded that the Committee met twice with Comcast about this work, and he believes it would be appropriate for the Board of Supervisors to write a letter to Comcast. 

Mrs. Goren moved to write a letter to Comcast regarding wiring the Newtown Industrial Commons for cable service.  The motion was seconded by Mr. Jirele and passed unanimously. 

Mr. Bowe said he will present the Committee’s annual report next month. 

PLANNING COMMISSION:  Commission Chairperson Karen Doorley reported on their 1/21/03 meeting.  The Commission reviewed a conditional use application from Pryda LLC regarding D-1 Office Use in an existing building at 159 N. Sycamore Street.  A revised plan was distributed at the Commission meeting, and the applicant will return when the Township Planner has reviewed it. 

The Commission also discussed some proposals from the Business Development Council concerning impervious surface and medical uses in the LI District.  They concluded that the Township needs to look at many aspects of zoning in this area to deal with the problem of high vacancy rates.  The Commission recommended that the Economic Development Task Force include one or more members of the Planning Commission as well as the Township Planner. 

The Commission discussed the advisability of inviting applicants to have informal discussions of land development proposals with the Commission before a formal sketch plan review.  They concluded that this could be helpful to applicants in many cases.  Applicants would need to contact the Township in advance to get onto the agenda. 

Mr. Goodnoe asked if there would be any costs associated with this kind of informal discussion.  Mrs. Doorley said there would not be, since it would not involve any professional reviews.  The applicant would submit a sketch plan for review after the discussion. 

The Commission will review the Riparian Buffer ordinance at their next meeting on 2/4/03. 

Mrs. Goren asked why the vote on the revised preliminary plan for the Newtown Corporate Center was 5-2-2, as reported in the Planning Commission’s 7/9/03 letter.  Mrs. Doorley said she could not recall the specific issues that led two members to vote against recommending approval. 

JOINT DOWNTOWN NEWTOWN CORPORATION (JDNC) 

SYMPOSIUM:  Paul Salvatore announced that the JDNC will host a symposium on the Stockburger proposal on 1/30/03 at 7:30 PM at Chandler Hall. 

VACANCY:  Mr. Goodnoe said there is a vacancy on the JDNC Board of Directors due to the resignation of Joe Merjeski. 

Mr. Goodnoe moved to appoint Douglas Terry to fill the vacancy caused by Mr. Merjeski’s resignation.  The motion was seconded by Mr. Jirele. 

Discussion of motion:  Mr. Harp asked if there is anyone else that should be considered for this appointment.  Mrs. Goren said residents have complained about the lack of notice of vacancies; she suggested that the Board wait until the next meeting to make the appointment, to give others a chance to come forward. 

Mr. Jirele said he supports the appointment of Mr. Terry, but agrees that the public should have time to volunteer.  He added that he feels the same way about the Economic Development Task Force that will be considered later. 

Mr. Goodnoe rescinded his motion.  He stated he is in favor of a consistent policy of giving notice of vacancies before making appointments to all boards and commissions.  He asked that a letter be sent to Mr. Merjeski thanking him for his service. 

MEMBERS’ COMMENTS 

MAKING A DIFFERENCE SEMINAR:  Mr. Jirele said there is much interest in holding another Making a Difference seminar for Homeowners Associations in 2003, and planning has begun. 

COMMUNITY COMMENTS 

Del Purscell, a Township resident, expressed dissatisfaction with the limits on comments from the community, and with the way Mr. McGeary was appointed as auditor.  He also said the Board retreat should be open to the public, since the “Sunshine Act” prohibits discussions of public policy behind closed doors.  He noted that the Township has not won any awards recently. 

Sue Beasley, a Township resident, asked if the kinds of information being given at the Making a Difference seminar could be made available to Township homeowners who are not in developments.  Mr. Jirele responded that this is a good point, and he will discuss it with others involved in planning the seminar. 

Karen Zagnit, a resident of Upper Silver Lake Road, said her front lawn was dug up recently with no explanation.  Mr. Smith said he will follow up tomorrow on her inquiry. 

John Hitchner, a resident of Upper Silver Lake Road, said there are construction vehicles on his road in spite of Orleans’ agreement to not allow them.  He described conditions as messy and hazardous. 

Mark Byelich, a Township resident and Chairman of the Newtown Area Republican Committee, invited residents who would like to run for several public offices to come to a public screening meeting at Goodnoe’s restaurant on 2/27/03.  He reminded residents that election day is 5/20/03. 

Paul Salvatore, a Township resident, announced that the Business Association will be hosting a breakfast at Chandler Hall on 1/28/03, and all are invited.  

Nancy Crescenzo, a Township resident, asked if the Board will be discussing a letter the Township received from Upper Makefield.  Mr. Harp said he called Ms. Falcone and discussed the issues in the letter.  Ms Crescenzo said she felt Mr. Harp should have discussed the letter with the rest of the Board. 

Ms Crescenzo also suggested reforesting Silver Lake Park because she thinks it is in a poor location for a park; said she would like to see the JDNC linked to the Township website; and protested the Board’s use of a timer during  comments from the community. 

Mike Stanfield, a resident of Upper Silver Lake Road, said his driveway has a large crack from the construction work in his neighborhood.  Mr. Harp said the Township will follow up on this complaint as well. 

Ethel Hibbs, a Township resident, requested two corrections to the 12/11/02 Board minutes.  

Ms. Hibbs asked that Mr. Harp involve all Board members in decisions about appointments.  She also said that the Second Class Township Code requires that a person appointed as auditor has to have lived in the Township for a year, and she believes Mr. McGeary lives in Philadelphia.  Mr. Harp asked the Manager to investigate this information.   Mrs. Goren suggested the Solicitor be involved in the investigation. 

REPORTS OF OFFICIALS 

CHAIRMAN 

BOARD RETREAT:  Mr. Harp suggested the Board meet with a mediator or a counselor to discuss interpersonal relationships.  He noted that no public policy issues would be discussed to avoid violating the “Sunshine Act.”  Mrs. Goren suggested that Board members attend a seminar on effective meeting management being offered by the Governor’s Center for Local Government.  

Mr. Jirele suggested the Board first establish the goal of the retreat.  He said his goal is to reach agreement about how the members of the Board will interact and move forward in conducting their business.  He hopes the members can look at their individual roles and put away bickering, a lack of connection, etc.  Mr. Jirele said the process should begin with a private meeting and then proceed to public meetings.  He said the retreat should not be about effective meeting management, but about respect for each other.  Mr. Jirele offered as an example the way the appointment of the auditor was handled, with no discussion that involved all Board members. 

Mr. Weaver said he sees some differences as personal and some as political.  He envisions a private meeting where Township issues are not discussed, but the outcome should be reported to the public. 

Mrs. Goren said her goal is to find out where the problems are and resolve them.  She said it is inevitable that Township issues will come up in a private meeting, and suggested that the Solicitor be present to ensure that this does not happen.  Mr. Harris said he could participate in such a meeting. 

Mr. Weaver suggested that Mr. Pellegrino also be present, since he has to deal with the effects of the interpersonal problems. 

Mr. Goodnoe said his problem with the way the Board is functioning is not about personalities, but about a lack of respect for the public and for the process; for instance, the use of the timer during public comments.  He feels this problem cannot be discussed without getting into public policy issues. 

Mr. Harp said the Board will have an executive session or a caucus, with Mr. Harris and Mr. Pellegrino, and then report and discuss the outcome at a public meeting. 

MEETING WITH NEWTOWN BOROUGH COUNCIL:  Mr. Harp announced the meeting has been scheduled for 1/29/03 at 7:30 PM at Ettenger Hall. 

SWAMP ROAD STUDY MEETING:  Mr. Harp said the meeting is scheduled for 2/13/03 at 7:30 PM at the Anchor Church on Durham Road.

MANAGER 

PLAN EXPIRATIONS:  Mr. Pellegrino said there are no plan expirations requiring Board action. 

DCED GRANT:  Mr. Pellegrino announced that the Township has received a $380,000 grant from the Department of Community and Economic Development for erosion control measures along Newtown Creek.  He said Senator Conti played an important role in getting the grant, and Mr. Harp asked him to draft a letter thanking the Senator for his help. 

SOLICITOR 

AUTHORIZATION TO ADVERTISE ORDINANCE TO DISSOLVE ETHICS COMMITTEE:  Mr. Harris provided a copy of an ordinance dissolving the Ethics Committee. 

Mr. Weaver moved to authorize the Solicitor to advertise this ordinance for the next Board of Supervisors meeting.  The motion was seconded by Mr. Jirele.

Discussion of motion:  Nancy Crescenzo said this is a good example of what happens when an issue is opened up to the whole Board. 

John D’Aprile, a Township resident, said the Ethics Committee was created because of the Reed Smith report, which wasted over $50,000 of the taxpayers’ money. 

Mr. Weaver’s motion passed unanimously. 

UPPER MAKEFIELD ZONING HEARING BOARD - BUCKS COUNTY CELL TOWER COMPANY:  Mr. Harris asked if the Board wished to comment on the Bucks County Cell Tower’s application to build a cell tower at 881 Highland Road.  The Supervisors indicated they did not wish to comment. 

RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT COMMITTEE:  Mr. Harris provided a copy of a resolution establishing the committee. 

Mrs. Goren moved to adopt Resolution 2003-R-6 creating an Economic Development Committee.  The motion was seconded by Mr. Weaver. 

Discussion of motion:  Mr. Weaver said he understood that appointment of the members of the committee is deferred until the next public meeting.  Mr. Jirele said that there were 11 names on the list of nominees circulated earlier to Board members, but the Planning Commission has recommended that one or more of their members be appointed, as well as the Township Planner. 

Mrs. Goren said the committee will not be effective if more than 11 members are appointed.  

Mr. Harris suggested that the Township Planner should not be a member, but the committee should have a budget with which to pay for her services. 

Mr. Harp said Allen Fidler, one of the nominees, is a member of the Planning Commission. 

Mr. Goodnoe said he wants to hear suggestions for appointees to this committee from the public and from other Board members. 

Mr. Jirele asked if there is a budget allocated to the committee.  Mr. Harp said the committee should meet and then bring a budget request to the Board. 

John Hitchner suggested that language be added to the resolution to require a Supervisor be appointed as liaison with the committee, and to require the appointment of a member of the Planning Commission. 

Mike Iapalucci, a Township resident, suggested that each Board member be allowed to appoint two members of the task force.  Mrs. Goren said state law requires that appointments be made by a majority of the Supervisors. 

Mark Byelich supported Mr. Iapalucci’s suggestion. 

Elinor Campbell suggested that the Board interview potential appointees to determine in what positions they would be most effective. 

Glenn Beasley, a Township resident, asked what the purpose of the task force is.  Mr. Weaver responded that the goal is to address the problem of vacancies in the Newtown Industrial Commons.  The task force will look at the need for renovations, changes in zoning, and other measures.  He said the purpose is to bring a diverse group of talents together to address the problem of approximately 400,000 square feet of vacant space. 

Nancy Crescenzo complained that the list of nominees for the task force was not discussed with all members of the Board, and no one consulted with the JDNC. 

Mrs. Goren’s motion was passed unanimously. 

Mr. Harp said he is willing to remove his name from the list of nominees, which creates one vacancy.  Members agreed to wait until the next public meeting to appoint the members of the task force. 

ZONING HEARING BOARD:  Mr. Harris said there are no applications scheduled for February before the Zoning Hearing Board. 

ENGINEER  

ESCROW RELEASE #2 - WILTSHIRE WALK:  Mr. Weaver moved to release $515,868.70 in escrow funds for Wiltshire Walk in accordance with the recommendation of Pennoni Associates.  The motion was seconded by Mrs. Goren and passed unanimously. 

ESCROW RELEASE #7 - PHEASANT POINTE:  Mr. Smith said Pennoni Associates does not recommend releasing the escrow, due to the number of open punchlist items, resident complaints, and landscape and erosion issues on Eagle Road and the Detention basin, as described in the 1/12/03 Pennoni Associates letter. 

Mr. Jirele moved to deny escrow release #7 for Pheasant Pointe.  The motion was seconded by Mr. Weaver and passed unanimously. 

ESCROW RELEASE #6 - ST. ANDREWS BRIAR:  Mr. Weaver moved to release $39,015.15 in escrow funds for St. Andrews Briar.  The motion was seconded by Mrs. Goren and passed unanimously. 

PROJECT PAYMENT #1 & 2 - TRAFFIC SIGNAL INSTALLATION - WASHINGTON CROSSING AND LINTON HILL ROADS:  Mrs. Goren moved to pay $29,086.70 to Armour and Sons Electric for work on this project.  The motion was seconded by Mr. Jirele and passed unanimously. 

OLD BUSINESS:  None. 

NEW BUSINESS 

REVISION TO FINAL PLAN - MARKET AT NEWTOWN PLACE - NAME CHANGE:  Susan Nydick of the Quaker Group was present to discuss her request to revise the final plan for the Market at Newtown Place by changing the name to the Corners at Newtown Place.  She stated that the proposed new name is more appropriate to the nature of the businesses.

Mrs. Goren moved to approve the proposed revision to the final plan for the Market at Newtown Place to change the name to the Corners at Newtown Place.  The motion was seconded by Mr. Weaver and passed unanimously. 

REVISED PRELIMINARY PLAN - NEWTOWN CORPORATE CENTER - UPPER SILVER LAKE ROAD - TMP# 29-10-76:  Tony Rimikis of Brandywine Realty Trust, attorney Mike Caughlin, engineer Jeremy Mariarz and traffic engineer Mark Roth were present to discuss their proposal to build five office buildings on a 58.77 acre site in the OR District. 

Mr. Caughlin stated that the applicant has tried to address the neighboring residents’ concerns since the plan was reviewed by the Planning Commission in July 2002, and by the Board of Supervisors in August 2002.  He said changes were made regarding berming and buffering, lighting, blasting, connecting four homes on Upper Silver Lake Road with water lines, preserving a stand of trees in the northwest corner of the site, and preserving the existing farmhouse. 

Mr. Caughlin said a revised plan was submitted in November 2002 and was reviewed by Pennoni Associates, Carroll Engineering and Heritage Conservancy.  He said that none had substantive comments.  The applicant is continuing to meet with neighboring residents.  Brandywine has agreed to relocate trash enclosures and some reserve parking, to install a 6-foot stockade fence on the border with the Norwalk development, and put a timer on the lights so they go off automatically. 

Mr. Caughlin said that on 12/11/02 the Board of Supervisors approved an intergovernmental agreement with Lower Makefield which recognizes that Roadway B (the proposed Brandywine Boulevard) will serve areas of the Township beyond this development.  He said the applicant estimates that 40% of the traffic on this road will not be associated with Newtown Corporate Center. 

Mr. Caughlin said the Board identified four unresolved issues during their review in August 2002: 

·         The dedication of Brandywine Boulevard (Roadway B).  Mr. Caughlin said this will be a very expensive road to build, perhaps costing $2.5 million to $3 million.  Mr. Mariarz said the pre-stressed concrete bridge will require about $5,000 of maintenance annually. 

·         Accepting the construction of the trail in lieu of a park and recreation fee.  Mr. Caughlin said the applicant is now questioning the feasibility and advisability of building the trail, which duplicates the path of the sidewalk along Upper Silver Lake Road.  A trail would interfere with berming and with preserving trees.  The applicant would prefer to pay the park and recreation fees, which are estimated at $180,000. 

·         The traffic impact.  Mr. Roth said a traffic impact study was done, and the applicant has agreed to contribute $50,000 towards the Closed Loop system on the Bypass.  Brandywine is also willing to set aside the funds for a post-construction traffic study.
Mr. Caughlin said the applicant is seeking a credit towards the traffic impact fees in the amount of 40% of the cost of building Brandywine Blvd., in view of the estimated 40% of traffic that will not be associated with the development.  Mr. Harris noted that this amounts to a waiver of the traffic impact fees. 

·         The height of the light standards.  Mr. Caughlin said Brandywine agreed that all lights on the borders of the site will be less than 10 feet high; others will be 16 feet high.  Brandywine also agreed to put shields on the lights and turn them off at 9:00 PM. 

Mrs. Goren asked if there is a lawsuit pending regarding the bridge.  Mr. Caughlin said Brandywine obtained a variance and a special exception to build the bridge in the floodplain, and some neighboring residents appealed.  He expects the judge’s decision to come through before Brandywine applies for building permits. 

Mrs. Goren asked about safety lighting after 9:00 PM.  Mr. Rimikis said there must be enough lighting so that people can walk through the parking lot safely.  He said details will be provided at final plan review. 

Mrs. Goren questioned the advisability of the Township accepting dedication of Brandywine Blvd., because of the expense of maintaining the road and the bridge, and because the Township would be liable if there is an accident.  

Mr. Caughlin said that if it remains a private road, 40% of the traffic would not have a right to use it.  Mr. Harp said the public has always used South Eagle Road, which is not dedicated. 

Mrs. Goren asked about several points in the Carroll Engineering review of 1/13/03, regarding the number of loading berths, the height of the lighting, banking of the road, and a reduction in the turning radius of the road.  She also said she opposes granting the requested waiver from building sidewalks along both sides of Brandywine Boulevard. 

Mr. Jirele said he agrees that the lighting should be lower than 16 feet, that there should be sidewalks on both sides of Brandywine Boulevard, and he feels the trail or a sidewalk should at least connect Upper Silver Lake Road with Lindenhurst Road.  He suggested that the Joint Historic Commission be asked to evaluate the farmhouse, especially regarding the need for a facade easement. 

Mrs. Goren asked if left turns onto Upper Silver Lake Road can be prohibited during peak hours.  Mr. Caughlin said that Pennoni Associates recommended waiting to see if there is a problem.  Brandywine is willing to put aside money for a post-construction study.  

Mrs. Goren asked if left turns onto Lindenhurst Road will increase.  Mr. Roth said they will not, because other road improvements will make this a less attractive option. 

John Hitchner, a resident of Upper Silver Lake Road, discussed his 1/15/03 letter to Mr. Mariarz and Mr. Mariarz’s 1/16/03 response; copies of these letters were provided earlier to the Board.  Mr. Hitchner said the neighbors prefer to see a trail along Upper Silver Lake Road, behind the berm, rather than a sidewalk or trail along the road.

Karen Zagrit, a resident of Upper Silver Lake Road, expressed concerns about increased traffic. 

Larry Fyock, a resident of the Norwalk development, said the agreements made with the neighbors should be part of the final plan.  He also asked that the berm and fence be built before other construction, that the lights be lower than 16 feet, and that the Board ensure that stormwater runoff is managed adequately.  

Sue Herman, a resident of Lower Makefield and president of Residents for Regional Traffic Solutions, said the proposed intergovernmental agreement with Lower Makefield Twp. allows for construction of a road through the CAU development that would connect Brandywine Blvd. with Lindenhurst Rd.  

Mike Stanfield said he agrees with Mr. Hitchner’s comments.  He suggested a trail go through the trees in the northwest corner of the property. 

Nancy Crescenzo said the money for the exercise trail could be better used elsewhere.  She also said South Eagle Road is in bad shape and is not well maintained by the private owner. 

Mr. Caughlin stated that the applicant plans to ask for an evidentiary hearing if the Board turns down the waiver requests, in order to make a formal record of the reasons for the rejection. 

Mr. Harris asked what the applicant will do if the Township does not accept dedication of Brandywine Boulevard.  Mr. Caughlin said he could not answer that right now.

Mr. Jirele said he supports dedication because the Township can ensure proper maintenance and enforce traffic laws.  He said that Brandywine will pay a lot of taxes that will fund the maintenance of the road and bridge.  

Mr. Jirele asked Mr. Harris what liability the Township would have if dedication is accepted.  Mr. Harris said the Township would be liable if there is a defect in the road or if there is improper maintenance.  He said the Township carries insurance for this type of liability. 

Mr. Harp asked if a private owner can be forced to maintain the road.  Mr. Harris said it could be part of the final plan approval. 

Mr. Harris suggested he put a proposed motion on this plan in writing and let the Board review it for approval at their next meeting.  He mentioned several points on which he needed guidance, and members agreed on the following:

·         The sidewalks on Brandywine Boulevard should end where they meet the ICT trail.

·         The exercise trail on the north side of the creek is eliminated.

·         There will be one path north along Upper Silver Lake Road, the location of which will be determined at final plan.

·         The issue of a credit towards the traffic impact fee will be resolved at final plan.

·         The issue of the plantings and berming will be resolved at final plan. 

Mrs. Goren said if the Township accepts dedication of the road it will be accepting it with the reduced turning radius, which might make the Township liable for an accident caused by the reduced radius.  Mr. Harris said the Township is not liable if the Engineer says it is safe. 

Traffic Engineer Phil Wursta was present, and he stated that 300 feet is a safe radius for this road. 

Mr. Harris said he will send the draft motion to the Board and Brandywine Realty for their review  before the next Board meeting. 

DISCUSSION ON ESTABLISHING 2003 GOALS:  Mr. Harp announced this discussion is deferred to the next meeting because of the late hour. 

COMMUNITY COMMENTS (CONTINUED) 

Nancy Crescenzo expressed concern about temporary trailers at Newtown Junior High School that have been there for a long time.  She also asked why the Acme Site Visioning Committee did not report tonight.  Mr. Harp responded that they are finishing up their final report by the end of this month. 

Ms. Crescenzo asked about a newspaper announcement of a shelter-building activity at the Clark Center.  Mr. Harp responded that the shelters will be made of natural materials and will be temporary. 

Ms. Crescenzo asked if she is the reason the Board is using a timer for community comments.  Mr. Harp responded that the timer is for everyone. 

EXECUTIVE SESSION:  None. 

ADJOURNMENT:  With no objections, the meeting was adjourned at 1:05 AM, 1/23/03.

Respectfully Submitted:

_____________________________
Gretta Stone, Recording Secretary 

Minutes Approved as submitted _______ as corrected _______

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Scott R. Harp, Chairman

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Anne Goren, Vice Chairman/Assistant Treasurer

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Richard Weaver, Treasurer/Secretary

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Thomas Jirele, Member

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Raymond Goodnoe, Member