Newtown Township
Board of Supervisors
Organization Minutes
January 5 , 2004
MINUTES WERE APPROVED at the regular meeting January 14, 2004. ORGANIZATION MEETING OF 1/5/04: Mrs. Goren moved to approve the minutes of the Organization Meeting of 1/5/04; the motion was seconded by Mr. Jirele and passed unanimously, with Mr. Harp abstaining.
In
attendance were Supervisors: Treasurer/Secretary Richard Weaver, Vice Chairman/Assistant
Treasurer Anne Goren, Member Thomas Jirele, and Member Raymond Goodnoe. Also present were: District Justice Donald Nasshorn, Auditors-elect Warren Keyser
and Margaret Chleboski, Township Solicitor David Sander, Township Engineer
Gerald Smith, and Township Manager Robert M. Pellegrino.
1. Call to Order:
Vice-Chairman/Assistant Treasurer Anne Goren called the Organization Meeting
to order at 8:00 PM.
2. Moment of Silence
3. Invocation: Given by Rabbi
Weinstein of the Lubavitcher Center Bucks County
4. Pledge of Allegiance
5. Changes or Additions to the
Agenda: Mr. Jirele asked that Members’ Comments be
added to the agenda following Chairman’s Remarks.
6. Oath of Office for Elected
Officials: District Justice Donald Nasshorn
administered the oath of office to Supervisor Tom Jirele, Auditor Warren
Keyser, and Auditor Margaret Chleboski.
7. A. Remarks – Chairman: Mrs. Goren
explained that Mr. Harp was not able to attend the meeting because of a
business matter. She said that the
Board will meet in executive session for matters of personnel following the
public meeting. She also noted that the
Board met on 1/3/04 to caucus regarding the organization meeting.
7.B. Members’ Comments
Mr.
Goodnoe said he feels the Township is heading in the wrong direction, and he
will be casting many negative votes. He
said that all decisions about appointments had already been made before he
arrived for the 1/3/04 caucus. He also
said he questions the qualifications of many of the proposed appointments.
Mr.
Jirele said he reviewed all resumes submitted by residents interested in serving
on committees and boards, and talked to many applicants, and he is disappointed
that no new appointees are from that pool.
He said he disagrees with some proposed appointments.
Mr.
Weaver said he also reviewed the resumes of applicants, and every proposed
appointee had submitted a resume.
Mrs.
Goren said that every appointee she supported is qualified for the position.
8. Community Comments: Mrs. Goren said
residents can comment on any subject, including items on the agenda.
Frank
Mendicino, a Township resident, said he is disappointed to hear the comments of
Mr. Goodnoe and Mr. Jirele. He said
that when Mr. Goodnoe was part of the majority group on the Board appointments
were made the same way.
Nancy
Crescenzo, a Township resident, listed ten Board decisions in 2003 that she
felt were wrong. The decisions
concerned parks, appointments, meeting process, School Board redistricting, and
the budget.
Glenn
Beasley, a Township resident, asked that residents be permitted to comment
again at the end of the meeting. Mrs.
Goren responded that the Board will be making personnel decisions, on which the
public is not usually permitted to comment.
After a brief discussion the Board agreed that a second community
comments session will be added after Liaison and Coordination Assignments.
Mr.
Beasley also asked that when new appointments are made, the people being
replaced be named. Mr. Goodnoe provided
a list of these names to Mrs. Goren.
Michael
Iapalucci, a Township resident, encouraged Mrs. Goren to support the election
of Mr. Jirele as Chairman of the Board.
9. Organization of the Board of
Supervisors
a. Mrs. Goren
moved to elect Richard Weaver as Chairman; the motion was seconded by Mr.
Weaver and failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
b. Mrs. Goren moved to elect
Scott Harp as Vice-Chairman; the motion was seconded by Mr. Weaver and failed
2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
c. Mr. Weaver
moved to elect Anne Goren as Treasurer/Secretary; the motion was seconded by
Mr. Weaver and failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
10.
Township Bonds
a. Treasurer's $3,000,000.00
b. Manager’s $1,000,000.00
c. Finance
Director’s $1,000,000.00
The motion was seconded by Mrs.
Goren and passed unanimously.
11. Real Estate Tax Levy
a. Debt
Service Fund 4.50 mils
b. Fire
Protection Fund 3.50 mils
c. Rescue
Squad Fund 0.50 mils
d. Park and
Recreation Fund 2.00 mils
Total
10.50 mills
The motion was seconded by Mr. Weaver and failed 2-2, with
Mr. Goodnoe and Mr. Jirele voting “nay”.
12. Tax Millage Exemptions –
Under PA Act 153
Mr. Weaver moved to approve Resolution-2004-3 certifying
properties that qualify for tax increase exemptions under PA Act 153. The motion was seconded by Mrs. Goren and
passed unanimously.
13. Administrative Conditional
Use Procedure
Mr. Weaver moved to approve Resolution-2004-4 reaffirming
resolution 94-R-43 establishing an Administrative Conditional Use
procedure. The motion was seconded by
Mrs. Goren and passed unanimously.
14. Pension Plan Investment
Policy
15.
Appointment of the Township’s Elected Tax Collector as the Delinquent Tax
Collector
Mr. Weaver
moved to adopt Ordinance 2004-O-1, Appointing Tammy Sutton as the Delinquent
Tax Collector. The motion was seconded
by Mrs. Goren and passed unanimously.
16. Fixing meeting dates of the
Board of Supervisors for 2004 (Appendix A)
Mr. Weaver moved to set meeting dates for Board of
Supervisors for 2004 (Appendix A). The
motion was seconded by Mrs. Goren and passed unanimously.
17. Procedure directing the
presentation of proclamations
Mrs. Goren moved to authorize the Chairman, after polling the
Board, to have the Chairman sign and the Manager attest to proclamations
honoring citizens and others for worthy deeds and activities. The motion was seconded by Mr. Weaver and
passed unanimously.
18. Tax Ordinances and
Resolutions
Mr. Weaver moved to continue all 2003 Tax Ordinances and
Resolutions in force pursuant to Section 4 of the Local Tax Enabling Act for
2004. The motion was seconded by Mrs.
Goren and passed unanimously.
APPOINTMENTS:
19. Reporting Directly to the Board of Supervisors, to Serve
the Township with Compensation for 2004
a. Mrs. Goren moved to recognize
Robert Pellegrino’s employment agreement as Township Manager. The motion was seconded by Mr. Weaver and
passed unanimously.
b. Mr. Weaver moved to appoint
the firm of Harris and Harris as Township Solicitors. The motion was seconded by Mrs. Goren and passed unanimously.
c. Mr. Weaver moved to appoint
Margaretta Stone as Board Recording Secretary.
The motion was seconded by Mrs. Goren and passed unanimously.
20. Standing, Non-Statutory Committees Authorized by the
Administrative Code
a. Labor Relations Committee: Mr. Weaver moved to appoint
Ellis Katz, Robert Pellegrino, and Thomas Jirele. The motion was seconded by Mrs. Goren and passed unanimously.
b.
Public Safety Committee: Mr. Weaver moved to appoint Stephen B.
Harris, Martin C. Duffy, Robert Pellegrino, Anne Goren and Thomas Jirele. The motion was seconded by Mrs. Goren and
passed unanimously.
c. Banking Committee:
Deferred to the 1/14/04 meeting.
d. Pension Plan Committee:
Deferred to the 1/14/04 meeting.
e. Occupational Safety Committee: Mr. Weaver moved to appoint
Elaine Gibbs, Norman Moorhead and Donald Harris (Chairman) and to affirm the
PBA appointment of Paul Deppi and the CWA appointments of Joseph Martindell and
Timothy Shaw for 2004. The motion was
seconded by Mrs. Goren and passed unanimously.
f. Business Development Council: Mrs. Goren moved to appoint
Supervisor Richard Weaver as Chair. The
motion was seconded by Mr. Weaver and passed 3-1, with Mr. Jirele voting “nay”.
21. Reporting to the Township Manager, to Serve With
Compensation for 2004
a. Exempt and Non-Exempt employees (Appendix B): Mrs.
Goren moved to affirm the employment of exempt and non-exempt employees and
non-union employees (Appendix B) as needed.
The motion was seconded by Mr. Weaver and passed unanimously.
b. Communication Workers of America bargaining units
(Appendix C): Mr. Weaver moved to affirm the employment of employees (Appendix
C). The motion was seconded by Mrs.
Goren and passed unanimously.
c. Police Benevolent Association bargaining unit (Appendix
D): Mrs.
Goren moved to affirm the employment of employees (Appendix D). The motion was seconded by Mr. Weaver and
passed unanimously.
d. Civil and Traffic Engineers: Mrs. Goren moved to appoint
Pennoni Associates Inc. as Township Civil & Traffic Engineers with
appropriate authority to attend Board, Commission and Committee meetings. The motion was seconded by Mr. Weaver and
failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
e. Labor Solicitors:
Mr. Weaver moved to appoint the
firm of Sweet, Stevens, Tucker & Katz as Township Labor Attorneys. The motion was seconded by Mrs. Goren and
passed unanimously.
f. Communications Consultant: Mr. Weaver moved to appoint
the firm of Rothman Gordon as Township Communication Consultants and
Attorneys. The motion was seconded by
Mrs. Goren and passed unanimously.
g. Building Inspectors:
Mrs. Goren moved to appoint
Keystone Municipal Services as Township Building Inspectors. The motion was seconded by Mr. Weaver and
passed unanimously.
h. Pension Actuary: Mrs. Goren moved to appoint Mockenhaupt
Associates as Township Actuaries. The
motion was seconded by Mr. Weaver and passed unanimously.
i. Community Planner and Environmental Consultant: Mr.
Weaver moved to appoint Judy Stern Goldstein (Boucher & James) as Township
Community Planner and Environmental Consultant. The motion was seconded by Mrs. Goren and passed unanimously.
j. Pension Investment Advisor: Mr. Weaver moved to affirm
the appointment of Merrill Lynch as Township Pension Investment Advisor. The motion was seconded by Mrs. Goren and
passed unanimously.
k. Insurance Brokers or Carriers: Mr. Weaver moved to affirm
PIRMA, H.A. Thomson, Model Consulting Inc., DVWCT, Stalker and Associates as
brokers or carriers of Township Insurance.
The motion was seconded by Mrs. Goren and passed unanimously.
l. Official Depositories:
Mr. Weaver moved to designate
Fleet Bank, First National Bank of Newtown, Commerce Bank, Wachovia and Univest
as Township Official Depositories. The
motion was seconded by Mrs. Goren and passed unanimously.
m. Earned Income Tax, Occupational Privilege Tax Collector
And Tax Hearing Officer: Mrs. Goren moved to appoint Berkheimer
Associates as EIT, OPT Tax Collectors and Tax Hearing Officer. The motion was seconded by Mr. Weaver and
passed unanimously.
n. Video Consultant:
Mr. Weaver moved to appoint Video
Gold Productions as Video Production Consultant. The motion was seconded by Mrs. Goren and passed unanimously.
22. Individuals Serving With Compensation
a. Zoning Hearing Board:
Mrs. Goren moved to affirm the
appointment of John Lenihan (2004), Mario M. Lionetti (2005), Franklin Carver
(2006), and Gail Laughlin (2007), and to appoint Victoria Bowe(2008) to replace
Tom Reagan. The motion was seconded by
Mr. Weaver and failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
b. Zoning Hearing Board Alternate: Mr. Weaver moved to appoint
William Wall (2004) as Zoning Hearing Board Alternate, to serve a one-year
terms. The motion was seconded by Mrs.
Goren and failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
23. Individuals Serving Without Compensation
a. Official Voting Delegate to the 2004 PSATS
Convention: Mr. Weaver moved to appoint Anne Goren as delegate. The motion was seconded by Mrs. Goren and
failed 2-2, with Mr. Goodnoe and Mr. Jirele voting “nay”.
b. Lower and Upper Neshaminy Rivers Conservation Plan
Municipal Subcommittee and to the Delaware River (South) Watershed Planning
Committee: Mr. Weaver moved to appoint Thomas Harwood as the Representative. The motion was seconded by Mrs. Goren and
passed unanimously.
c. Vacancy Board: Mr. Weaver moved to appoint Shawn Ward
(Chairman) for a term ending January 3, 2005.
The motion was seconded by Mrs. Goren and failed 2-2, with Mr. Goodnoe
and Mr. Jirele voting “nay”.
d. Planning Commission:
Mrs. Goren moved to affirm the
appointments of Vincent Lombardi (2004), Susan Beasley (2004), Bob Dieterle
(2004), Frank Mendicino (2005), Allen Fidler (2006), Jay Sensibaugh (2006), and
Shawn Ward (2006), and to appoint Beth Sanderlin (2007) and Michael Piazza
(2007) to replace Karen Doorley and James Ott.
The motion was seconded by Mr. Weaver and failed 2-2, with Mr. Goodnoe
and Mr. Jirele voting “nay”.
e. Park & Recreation Board: Mrs. Goren moved to affirm
the appointment of John Davis (2004), Joel Grosso (2004), Susan Sutton (2005),
and Michael Clancy (2005), and to appoint Kathy Kelly (2006), Buck O’Neill
(2006), and Andrew Levine (2006). The
motion was seconded by Mr. Weaver and passed 3-1, with Mr. Jirele voting “nay”.
f. Newtown Joint Historic Commission: Mr.
Weaver moved to affirm the membership of Roberta Taylor (2004), Paul Cohen
(2005), and Alan Harvison (2006), and to appoint Jeanette Rogers (2007). The motion was seconded by Mrs. Goren and
passed unanimously.
g. Newtown Area Cable TV Advisory Committee: Mr.
Weaver moved to affirm the membership of Walt Iwaskiw (2005) and James Bowe
(2004), and to appoint James Manahan (2006).
The motion was seconded by Mrs. Goren and passed unanimously.
h. Historic Architectural Review Board: Mr.
Weaver moved to affirm the membership of Keystone Municipal Services (Building
Inspector), Charles Sibre (2004); Doug Terry (RE Broker)(2005); Harriet Beckert
(2006), Elinor Campbell (2006); to appoint Dolly Gish and Helen Randle to serve
as honorary members; and to appoint as statutory member Terry Mclean
(Architect)(2007). The motion was
seconded by Mrs. Goren and passed unanimously.
i. Traffic Impact Fee Advisory Committee: Mr.
Weaver moved to affirm the membership of Vince DeLuca, Karen Doorley, Doug
Terry, Vince Lombardi, Tom Salvadore, Michael Vesey, Joe Barbagallo, and Bob
Dieterle; and Thomas J. Harwood, Jr. and David Sander, Esq. to serve as consultants. The motion was seconded by Mrs. Goren and
passed unanimously.
j. Newtown Joint Municipal Authority Board: Mr.
Weaver moved to affirm the membership of Martin Sutton (2005), Raymond W.
Goodnoe (2007), and Anne Goren (2008).
The motion was seconded by Mrs. Goren and passed unanimously.
k. Sycamore Street Committee: Deferred to 1/14/04 meeting.
l. Codes Committee: Mr. Weaver moved to appoint Anne Goren as
Board of Supervisors' representative.
The motion was seconded by Mrs. Goren and passed 3-1, with Mr. Goodnoe
voting “nay”.
m. Financial Planning Committee: Mr. Weaver moved to affirm
the membership of Anne Goren, Allen R. Fidler, III, Elaine Gibbs, Phil Vance,
Bob Dieterle, Philip Newmuis, Jr., Sarita Tirpak, and Ryan O’Keefe. The motion was seconded by Mrs. Goren.
Discussion of
motion: Mr. Goodnoe noted that the Board has not yet
elected a Treasurer, so this motion should also be deferred to the 1/14/04
meeting.
Mr. Weaver and
Mrs. Goren withdrew their motion.
n. Joint Downtown Newtown Corporation: Mr.
Goodnoe moved to affirm the appointments of Vincent Lombardi (2005), Lisa Kruse (2005), and Raymond
Goodnoe (2005), and to appoint John Perry (2007), Lorraine Sikora (2007), and
Douglas Terry (2007). The motion was seconded
by Mrs. Goren and passed unanimously.
o.
Economic Development Commission: Mrs. Goren moved to affirm the following
appointments as an ad hoc Advisory Commission:
Robert Connell, Robert Cormack, Richard DePaola, Allen Fidler, Scott
Harp, Joe Houldin, Marvin Kierstead, Andy Levine, John Parry, Bill Rickett,
Joseph Szafran, Doug Terry, Gail Titus, Richard Weaver, Robert White, and Jim
Worthington. The motion was seconded by
Mr. Weaver and passed 3-1, with Mr. Goodnoe voting “nay”.
24. Liaison and Coordination
Assignments: Deferred to 1/14/04 meeting.
25. Community Comments (Second
Session)
Glenn
Beasley asked what the implications are of the lack of a Board Chairman. Mr. Sander responded that the Board is
required to meet and elect officers at the Organization meeting, but three
affirmative votes are needed to pass any motion.
Mr.
Beasley asked why the Township’s website lists term expirations for the members
of some committees but not others. Mr.
Sander responded that members of some committees have terms that are
statutorily fixed, but others are appointed annually.
Mr.
Beasley also asked if the consultants to the Economic Development Commission
must be re-appointed. Mr. Sander
responded that they need to be re-appointed, and should be clearly identified
as consultants in a motion that also includes appointment of members of a board
or committee.
Mr.
Goodnoe noted that the Zoning Hearing Board now has only four members because
one member’s term has expired.
Jim
Bowe, a Township resident, said he is disappointed in the minority members of
the Board, as they seem to be obstructing Township business. He urged Board members to try to work
together. Mr. Goodnoe responded that he
cannot go along with leading the Township in the wrong direction. Mr. Jirele responded that he cannot vote for
an appointment when there was a better qualified candidate. He also noted that there were several 3-1
votes.
Michael
Iapalucci asked why the members voting against proposed appointments did not
offer alternative motions. Mr. Jirele
said that kind of discussion should happen in a caucus, but when alternatives
were offered they were rejected.
Mr.
Iapalucci asked if Board members are required to offer alternative motions
regarding electing officers. Mr. Sander
responded that they are not required to do so.
Frank
Mendicino said these practices are part of majority rule. He criticized residents for questioning
decisions made by majority rule, and said people are afraid to apply for
positions because of discussions that take place at the Board of Supervisors
meetings.
Nancy
Crescenzo asked if the three majority Supervisors broke the Sunshine Law when
they made decisions about appointments without the two other Supervisors. Mr. Sander responded that he did not know if
the three majority Supervisors met; if they did, it would not be a violation
because it would have been an executive session for personnel matters.
Mrs.
Crescenzo commented that just because something was done before does not make
it an acceptable practice now. Mr.
Jirele said that sometimes references to past practices are inaccurate.
Mrs.
Crescenzo read excerpts from the Township newsletter regarding the Economic
Development Commission and the Township’s relationship with Newtown
Borough. She asked that the Board set a
time when the public can discuss the Municipal Complex Expansion project, and
that the Board elect Mr. Jirele Chairman.
Brandon
Wind, a Township resident, said he applied several years ago to serve on a
board or commission but has not been asked to serve in any position. He noted that the Board is facing some
important decisions and should rise above partisan bickering.
Mr.
Wind asked if the failure of the motion to appoint Pennoni Associates means
that the Township does not have an Engineer.
Mr. Pellegrino said this is true, but Pennoni will continue working on
projects with which they are involved.
Mr.
Wind asked Mr. Sander to discuss a recent State Supreme Court decision
regarding Toll Brothers. Mr. Sander
responded that the court rejected Toll Brothers’ challenge to a Zoning Hearing
Board decision on a site in Upper Makefield owned by the Dolington Land
Group. He said the court commented
favorably on the Jointure, of which Upper Makefield is a member.
Jay
Sensibaugh, a Township resident, said that if Mr. Weaver becomes Chairman the
Township will continue in the right direction.
He said Mr. Goodnoe led the Township in the wrong direction when he was
Chairman.
26. Miscellaneous Items
a. Zoning Hearing Board Alternate: Mr. Goodnoe asked Mr. Sander to research and report on the
requirements for attendance for an Alternate, and how an Alternate becomes a voting
member. Mr. Jirele asked Mr. Sander to
research and report on the requirements regarding paying Alternates.
27. Executive Session: Mrs. Goren said the Board will meet in
executive session following adjournment of the public meeting.
28. Adjournment: With no objections the meeting was adjourned
at 9:35 PM.
Respectfully Submitted:
___________________________________
Margaretta Stone,
Recording Secretary
Attest:
_________________________ ______________________________
Robert M Pellegrino,
Manager Scott
Harp, Chairman
______________________________
Anne Goren, Vice-Chairman/Assistant Treasurer
______________________________
Richard
Weaver, Treasurer/Secretary
______________________________
Thomas Jirele, Member
______________________________
Raymond Goodnoe, Member