Newtown Township
Board of Supervisors Minutes
October 8, 2003
DRAFT - SUBJECT TO AMENDMENT BY THE BOARD OF SUPERVISORS UNTIL APPROVED.
The
Newtown Township Board of Supervisors met on Wednesday, October 8, 2003, in the
Township meeting room at 8:00 PM. In
attendance were Supervisors: Chairman Scott R. Harp, Vice Chairman/Assistant
Treasurer Anne Goren, Member Thomas Jirele and Member Raymond Goodnoe. Also present were: Planning Commission Vice Chairman Allen Fidler, Park and
Recreation Board Acting Chairman Andy Levine, Library Company Board member
Brandon Wind, Township Solicitor Stephen B. Harris, Township Engineer Gerald
Smith, and Township Manager Robert M. Pellegrino.
CALL TO ORDER: Chairman Scott R. Harp called the regular
meeting to order at 8:00 PM with a moment of silence.
INVOCATION: Given by Reverend Farley of the Ascension
Lutheran Church. This was followed by
the Pledge of Allegiance.
ADDITIONS AND CHANGES
TO THE AGENDA: Mr. Pellegrino asked
that an update on the Sycamore Street project be added to his report, that the
HARB report be removed from the agenda, and that a report from the Library
Company be added under item #8.
SPECIAL ACTIONS
CERTIFICATES OF APPRECIATION - GOODNOE ELEMENTARY SCHOOL - WEE CARE
BEAR PROGRAM: Mr. Harp presented
Certificates to Eileen Dwell and Rose Catani in appreciation for their
participation in the Wee Care Bear program.
Mr. Harp noted that Jean Tanner and Cindy Bech could not be present
tonight, but will also receive Certificates.
MINUTES, BILLS LIST
AND REPORTS
MINUTES
MINUTES OF THE WORK SESSION OF 9/15/03: Mr. Jirele moved to approve the minutes of the 9/15/03 work session
with two changes: Under Members
Present, Richard Weaver should be listed as Treasurer/Secretary; and under
Members Absent, Mrs. Goren should be listed as Vice-Chairman/Assistant
Treasurer. The motion was seconded by
Mr. Goodnoe and passed unanimously, with Mrs. Goren abstaining.
MINUTES OF THE REGULAR MEETING OF 9/24/03: Mrs.
Goren moved to approve the minutes of the 9/24/03 regular meeting. The motion was seconded by Mr. Goodnoe and
passed unanimously.
BILLS LIST: Mrs. Goren moved to pay bills totaling
$531,093.71; the motion was seconded by Mr. Goodnoe and passed unanimously.
Mrs.
Goren moved to make interfund transfers totaling $180,147.22; the motion was
seconded by Mr. Goodnoe and passed unanimously.
TREASURER’S REPORT
REINVESTMENT OF CERTIFICATE OF DEPOSIT: Mrs. Goren moved to renew a
Certificate of Deposit in the amount of $304,413.24 invested at Commerce Bank,
in accordance with a 10/3/03 memo from Finance Director Elaine Gibbs. The rate will be at 2.25% for five years,
with no penalty for withdrawal. The
motion was seconded by Mr. Jirele and passed unanimously.
REPORTS OF
COMMITTEES, BOARDS AND COMMISSIONS
LIBRARY COMPANY OF NEWTOWN:
Brandon Wind, a member of the Board of Directors of the Library Company,
presented the Company’s annual report.
He introduced Helen Kahn, the new part-time librarian and the Company’s
first paid staff person. Ms. Kahn is a
Township resident. Mr. Wind stated that
the Library has 382 individual and family memberships, many of whom are
Township residents, and he encouraged the Board of Supervisors to continue
their support of the Library. He
described the major renovation project being undertaken by the Library with the
help of a grant from the Pennsylvania Historical and Museum Commission.
Mr. Jirele suggested that the
Township could include publicity for the Library in its newsletter. Mr. Goodnoe asked if the Library has raised
the matching funds for the state grant; Mr. Wind said they have been raised,
but the Library would appreciate further contributions from the public.
ECONOMIC DEVELOPMENT COMMISSION:
Mr. Harp said the Commission met on 9/18/03 and discussed signage,
impervious surface maximums, stormwater management, and traffic issues relative
to the Newtown Business Commons area. A
sub-committee is being formed to draft recommendations regarding changes in
ordinance provisions about uses. The
next meeting will be 10/16/03. Mr. Harp
said that Mr. Weaver would give a more detailed report at the next Board of
Supervisors meeting.
PARK AND RECREATION BOARD:
Acting Board Chairman Andy Levine reported on their 10/2/03
meeting. He said that if Mr. Bires’
resignation is accepted, Mr. Levine will become the Chairman and Joel Grosso will
become the Vice-Chairman of the Board.
At the 10/2/03 meeting the Board heard presentations from the Girls
Softball Association and the Little League; the two groups are seeking lighting
and some safety improvements at the fields where they are active. The Board also heard a presentation from
Newtown-Yardley Road Associates and recommended a fee in lieu of open space on
their plan. They discussed the need for
a community center and identified resources already present in the community,
such as private recreation facilities, the schools, the recreation facilities
planned for the Municipal Complex, and the center in Northampton. Also discussed were the trail system, maps
of the Clark Nature Center, and the Roberts Ridge plan.
PLANNING COMMISSION:
Commission Vice-Chairman Allen Fidler reported on their 10/7/03 meeting,
at which they discussed the upcoming Bucks County Planning Commission meeting
on the TIP and a proposal to amend the Highway Classification Map. They also reviewed a preliminary plan for a
minor subdivision on Hidden Valley Lane and the revised final plan for the Village
at Newtown South shopping center, and recommended approval of both plans
subject to several conditions.
The Commission reviewed seven
applications to the Zoning Hearing Board and commented on two. Discussion of a proposed Disclosure
Ordinance was tabled until the next meeting on 10/21/03.
PRD VARIANCE - FOUR SEASONS SUN AND SHADE COMPANY - 8 SOUTH LANCASTER
ROAD - TMP# 29-24-214: Brian
Sklener of Four Seasons and homeowner Casey Gibbons were present to discuss
their request for a variance to allow construction of a sunroom that will
result in a rear yard setback of 22.8’ instead of the required 30’
setback. Mr. Harp opened the public
hearing and Mr. Sklener and Ms. Gibbons were sworn in.
Mr. Sklener explained that the home
was built on the 30’ setback line, making a variance necessary for any
addition. Ms. Gibbons provided letters
from her neighbors stating that they have no objection to the proposed
sunroom. They were given to Mr. Harris
to be entered into the record.
Mrs.
Goren moved to approve the variance for 8 South Lancaster Road, with the
condition that the applicant will present a mylar and record it, and pay all
costs of review. The motion was
seconded by Mr. Jirele and passed unanimously.
Mrs.
Goren moved to close the hearing; the motion was seconded by Mr. Jirele and
passed unanimously.
MEMBERS COMMENTS: None.
COMMUNITY COMMENTS
Bill Wall, a resident of Newtown Gate, said the Law School
Admissions Council building will be a monstrosity and criticized several recent
Zoning Hearing Board decisions.
Frank Mendicino, a Township resident and a member of the
Planning Commission, said he is also concerned about recent Zoning Hearing
Board decisions, particularly the one involving the Newtown-Yardley Road
Associates application. He asked the
Board of Supervisors to appeal this decision.
He said the Zoning Hearing Board is setting policy for the Township.
REPORTS OF OFFICIALS
CHAIRMAN
RESIGNATION OF BERNARD BIRES:
Mr. Harp said he has accepted Mr. Bires’ resignation from the Park and
Recreation Board with regret. A letter
of appreciation for his outstanding service will be sent to Mr. Bires.
WORK SESSION: Mr. Harp said
the next work session is scheduled for 10/20/03, and the major agenda item is a
discussion of goals for 2004.
TRANSPORTATION IMPROVEMENT PROGRAM: Mr. Harp listed the four projects submitted by the Township and
noted that the meeting with the Bucks County Planning Commission will take
place on 10/9/03.
BUCKS COUNTY ASSOCIATION OF TOWNSHIP OFFICIALS (BCATO): Mr. Harp encouraged members of the Board of
Supervisors to attend the BCATO meeting on 10/15.
WEE CARE BEARS PROGRAM: Mr.
Harp said all three Township elementary schools are now participating in this
program.
ECUMENICAL SERVICE: Mr.
Harp said an ecumenical service is being organized for the evening of 11/23/03;
further details will be available later.
ZONING HEARING BOARD APPEAL:
Mr. Harp asked Mr. Harris if the decision to appeal the Newtown-Yardley
Road Associates variance can be made at the next Board of Supervisors meeting;
Mr. Harris said it can be made at that time.
OTHER BOARD MEMBERS: No
items for this section.
MANAGER
PLAN EXPIRATIONS: Mr.
Pellegrino said there are no plan expirations requiring Board action tonight.
RESOLUTION 2003-R-23 - APPROVING AGREEMENT REGARDING STATE GRANT FUNDS
FOR THE JOINT DOWNTOWN NEWTOWN CORPORATION (JDNC) PROGRAM: Mr.
Goodnoe moved to adopt Resolution 2003-R-23 approving the subrecipient
agreement acknowledging the Township’s obligation to transfer state grant funds
to the JDNC Main Street program. Mr.
Jirele seconded the motion.
Discussion of motion: Mr.
Goodnoe commented that the Township previously agreed to serve as the applicant
for these grant funds, and the agreement is a standard step in the application
process.
Mr.
Goodnoe’s motion passed unanimously.
DCED GRANT FOR STREAM BANK STABILIZATION: Mr. Pellegrino referred to his 10/3/03 memo, which describes a
$380,000 DCED grant secured by the Township for stream bank stabilization along
portions of Newtown Creek. He explained
that the work will allow the Township to install some additional on-street
parking as part of the Sycamore Street project. The deadline for spending the
funds is 6/30/05.
Mrs.
Goren moved to authorize the Manager and the Chairman to sign the grant
agreement for the stream bank stabilization project. The motion was seconded by Mr. Goodnoe and passed unanimously.
SYCAMORE STREET PROJECT:
Mr. Pellegrino said four bids were received for the project, and the low
bid of $4,854,813.00 was from Haines and Kibblehouse. This bid is $664,814.00 over the amount approved by the state,
but the state has indicated that it will cover all but $68,000.00 of the
difference. Mr. Pellegrino asked the
Board to authorize appropriation of the remaining
$68,000.00 from the 2004 budget.
Mrs.
Goren moved to authorize an additional appropriation of up to $68,000 for the
Sycamore Street project, subject to PennDOT funding the balance of the excess
costs. The motion was seconded by Mr.
Goodnoe and passed unanimously.
SOLICITOR
NOISE ORDINANCE AND TEMPORARY STRUCTURES ORDINANCE: Mr. Harris reported that the Jointure was
not able to consider a proposal to revise the Noise Ordinance at their recent
meeting. He will prepare a draft of a
stand-alone Township ordinance for consideration by the Board at their 10/22/03
meeting. Mr. Harris said he and Mr.
Harwood recommend that the present Temporary Structures Ordinance be enforced
literally, precluding the issuance of permits for tents such as the one at the
Stone House Bistro and making a revision to the ordinance unnecessary.
FLOODPLAIN ORDINANCE REVISIONS:
Mr. Harris provided a copy of a draft ordinance allowing Zoning Hearing
Boards to grant relief in certain situations where the 100-year flood level is
increased. He has submitted the draft
to FEMA; if FEMA approves the proposed language, the draft will be forwarded to
the Jointure for review.
RCN LITIGATION: Mr. Harris
said Judge Mellon affirmed the Board’s decision and affirming the judgment
against RCN for breaching their contract with the Township. He expects RCN will appeal the Judge’s
decision.
ENGINEER
ESCROW RELEASE #4 - WILTSHIRE WALK: Mrs. Goren moved to release
$604,834.00 in escrow funds for the Wiltshire Walk project, in accordance with
Mr. Smith’s 10/2/03 letter. Mr. Goodnoe
seconded the motion.
Discussion of motion: Mr.
Harp asked if all required work was completed; Mr. Smith affirmed that it is.
Mrs.
Goren’s motion passed unanimously.
COMMUNITY COMMENTS
(CONTINUED)
John D’Aprile, a Township resident, said that the Township
should address the needs of its senior citizens here, not by referring them to
the Northampton Center. Mr. Harp
commented that there are a number of programs for senior citizens in the
Township, and that the School Board funded the Northampton Center to benefit
all the residents in the district.
Mr. D’Aprile also said the Township should not accept so
many fees in lieu of open space.
Brandon Wind, a Township resident, asked what process will
be followed in filling the vacancies on the Park and Recreation Board and the
Economic Development Commission (EDC).
Mr. Harp responded that the Chairman of the EDC told him that the
Commission will meet only a few more times, so it is not necessary to fill the
vacancy. The Township has recently
discovered that the state requires a maximum of seven members on the Park and
Recreation Board, and the Township currently has nine positions; therefore the
number will be reduced by attrition.
Mr. Wind also asked about the fate of the timbers from the
Heston barn. Mr. Harris said he has a
memo on this subject from Mr. Sander, which states that the Heston barn timbers
are not appropriate for use at the Peter Taylor Farmstead. The Friends of the Farm are trying to find a
use for them. The funds donated by Toll
Brothers will be used to restore the barn and foundation at the Farmstead.
Mr. Harp commented that the Township is actively working on
building a good relationship with the School District, and he hopes this will
lead to more Township access to school facilities.
OLD BUSINESS: None.
NEW BUSINESS: None.
ADJOURNMENT: Without objection the meeting was adjourned
at 9:40 PM.
Respectfully Submitted:
_____________________________
Gretta Stone, Recording Secretary
Minutes Approved as submitted _______ as corrected _______
______________________________________
Scott R. Harp, Chairman
______________________________________
Anne Goren, Vice Chairman/Assistant Treasurer
______________________________________
Richard Weaver, Treasurer/Secretary
______________________________________
Thomas Jirele, Member
______________________________________
Raymond Goodnoe, Member