Board of Supervisors
Minutes of December 17, 2008
The Newtown Township Board of Supervisors met on Wednesday, December 17, 2008 in the Township meeting room at 7:30 PM. In attendance and voting were Supervisors: Chairman Thomas Jirele, Vice Chairman Robert Ciervo, Secretary-Treasurer Michael Gallagher, Jerry Schenkman and Philip Calabro, members. Also present were: Joseph Czajkowski, Township Manager, Jeffrey Garton, Township Solicitor, and Michele Fountain, Township Engineer.
Call to Order: Chairman Jirele called the regular meeting to order at 7:30 PM with a moment of silence. This was followed by the Pledge of Allegiance.
Changes to the Agenda: Mr. Czajkowski informed the Board that consideration of the final plan for lots 54 & 55, Pheasant Run and the sketch plans for Rosebank Winery and Stockland, Inc., have been removed from the agenda. Award of the bid for the municipal building and rejection of bids for the Woll tract have been added to the Manager’s Report.
Minutes, Bills Lists and Reports
Minutes: Mr. Schenkman noted that on page 1 of the minutes of December 3, 2008, under member comments, it is Lower, not upper Makefield which prefers a “t” intersection at Stoopville and Washington Crossing Roads.
Mr. Gallagher moved to approve the minutes of December 3, 2008, as corrected. Mr. Schenkman seconded and the motion passed 4-0-1, with Dr. Ciervo abstaining.
Bills Lists: Mr. Gallagher moved to authorize payment of bills totaling $317,110.93. Mr. Schenkman seconded and the motion passed 5-0.
Mr. Gallagher moved to authorize interfund transfers totaling $240,000. Mr. Schenkman seconded and the motion passed 5-0.
Reports of Committees, Boards and Commissions
Chairman: Mr. Jirele reported that the Pension Committee had met with the various fund managers on December 6, 2008. Because so much of the pension funds had remained in cash, the losses were less than what the market has seen. The Pension Committee agreed to rebalance the portfolio and to invest the cash funds. He explained that the current investment policy calls for 40% investment in bonds and 60% in stock.
The Committee has asked Michael Leone of Merrill Lynch to give a formal report on the funds to the Board of Supervisors in February.
Other Board Members: Dr. Ciervo thanked the Township residents, staff and administration for their outpouring of well wishes on the birth of his daughter.
Planning Commission: Chairman Allen Fidler reported that at its December 16, 2008 meeting, the Commission reviewed the application of Dr. Timothy Ireland and Newtown Veterinary Hospital for increase in the maximum sign size and height and passed it to the Board of Supervisors without comment.
At the same Planning Commission meeting, Attorney Ed Murphy and Bill Breigel of Orleans presented the application of OHB Homes, Inc. at the Goodnoe tract for relief to disturb agricultural soils and manmade steep slopes for construction of a 40 twin home development. Several residents were in attendance to express opposition to the plan because they feel that if relief is granted there will be increased residential density to the area, placing stress on the Township infrastructure and on the School District. The Commission discussed this application at length. Three of the eight members in attendance did not oppose the application at all because it preserves 45 acres of open space, the land is not currently used for agriculture and the slopes are manmade. Only two members opposed the disturbance of the steep slopes, and five were opposed to the disturbance of agricultural soils. There was some discussion about the open space that would be preserved with this plan. Those supporting the application felt that the open space preserved as a natural resource is a benefit to the community. Those opposed to the application felt that the open space would not be accessible to the public and would not provide any buffering along the roadways, making it of little benefit to the community. No formal motion to recommend that the Board oppose the application was made. In response to Dr. Ciervo’s question, Mr. Fidler explained that the Commission did not hold a formal vote on this application because the Commission was not unanimous in its recommendation but agreed that it would better serve the Board of Supervisors to explain the different concerns and opinions of the Commission members. This might better aid the Board when it considers its action on the application.
In response to Mr. Schenkman’s question, Mr. Fidler reviewed the ordinance provisions for disturbance of agricultural soils, noting that the Pennsylvania legislature mandates that soils be classified and those soils in certain categories must be protected. The Jointure has limited the disturbance of agricultural soils to a certain percentage, however there are provisions for property owners to appeal this. The goal in the ordinance had been to protect contiguous agricultural uses. Some agricultural soils in Newtown Township have remained untilled fallow land not being used for crop production. The intent had been to protect farming, and in the Conservation Management Zoning District it has also protected against high density residential development. At the Planning Commission meeting the members discussed this issue, since the Goodnoe tract has not been actively farmed.
The Commission noted the recent death of Codes Enforcement Officer Thomas Harwood and sent condolences to his family.
Mr. Fidler noted that the Commission is losing three valued members this year, Mr. Bowe, Mr. Lombardi and Mr. Wilson. As the Board considers replacement of these members, Mr. Fidler noted that the Commission has functioned as a seven member commission at different times. If there are not enough qualified applicants to the Planning Commission, a seven member commission would work well.
The Commission discussed some of the issues to be pursued by the Jointure in the coming year, including preservation of historic structures, reclassification of some roads and ordinances for wind and solar power structures.
Mr. Jirele thanked Mr. Fidler for his leadership of the Planning Commission, noting that this is a very intense volunteer position.
Mr. Jirele asked residents to consider applying for a position on the Planning Commission. If interested, please send resumes or letters of interest to the Township Manager at 100 Municipal Drive, Newtown PA 18940 or firstname.lastname@example.org.
Historical Architectural Review Board
The Corners at Newtown Place, Cambridge Lane and Richboro Road: HARB member Frank Tyrol was in attendance to review this application for a certificate of appropriateness for directory and complex identification signage at the entrances to the shopping center. HARB has recommended approval.
A representative of the shopping center indicated that the existing sign was to remain in place on the east entrance.
Mr. Tyrol said that HARB had not been aware that the existing sign was not to be removed.
The Board reviewed the plan which identified the locations and agreed that the north and south signs should be approved, however HARB should be given an opportunity to consider the remaining east side sign.
Dr. Ciervo moved to approve a certificate of appropriateness for directory and identification signage at the north and south entrances to the Corners at Newtown Place as outlined in a memo dated December 17, 2008, and to table consideration of the east side sign. Mr. Schenkman seconded and the motion passed 5-0.
First Federal of Bucks County: Mr. Tyrol said that the Codes department has further researched the issue of the “V” shape for the sign at First Federal’s location at 295 N. Sycamore Street. It was learned that the variance issued for this shopping center in 1988 does not address the shape of the signs. The 90º angled sign meets the requirements of the Zoning Ordinance. HARB members agreed to recommend approval.
Dr. Ciervo moved to amend the approval of the certificate of appropriateness of First Federal of Bucks County’s signage at 295 N. Sycamore Street to include the “V” shaped sign. Mr. Schenkman seconded and the motion passed 5-0.
Reports of Officials
Mr. Czajkowski reported that Lots 54 & 55 Pheasant Run and Penns Trail has granted an extension to January 31, 2009.
2009 Budget Enactment: Mr. Czajkowski asked the Board to enact the 2009 Budget as presented, which is a $26.4 million budget with $12.4 in operating expenses and $11.4 million in capital expenses. There is no tax increase in this budget.
Mr. Gallagher moved to adopt Resolution 2008-R-22, enacting the 2009 budget. Mr. Jirele seconded.
Discussion of motion: Mr. Gallagher thanked all in the Township volunteers, staff and administration, who have worked tirelessly to produce a good budget that cuts expenses and contemplates no tax increase. The reserve will have $2 million at the end of the 2009 year.
Mr. Schenkman asked whether the projections of revenue have been amended to consider the current national economic downturn.
Mr. Czajkowski said that the projections do not reflect the national economic downturn, however the Township is not seeing the same dramatic changes as the country as a whole.
Mr. Gallagher noted that the budget does project a lower earned income tax revenue and lower transfer tax revenue. The Township should not experience an extreme drop in revenue in 2009 as taxes are being paid on 2008 income; the full impact might not be felt until 2010.
Mr. Schenkman said that the State is projecting a 40-50% drop in its revenue projections. He would have preferred to see a budget with a similar projection. He expressed some concern about a strain on the reserve fund. He had requested that the Township investigate ways to trim the non-union employees’ budget and asked for an update.
Mr. Czajkowski said that he has contacted the labor attorney but has not gotten a response.
Mr. Jirele noted that the Township has delayed hiring for a number of positions open in the Township. He also noted that much of the State’s anticipated drop in revenue is in the sales tax. He suggested that going forward the Treasurer report to the Board on a monthly basis. The Board can then monitor revenue and make adjustments on an ongoing basis.
Dr. Ciervo expressed some concern that, even after cuts have been made, there is still a $366,347 deficit. He asked the Board to consider reducing the salary pool from a 4% to a 3% or at least a 3.5% increase.
Mr. Czajkowski said that a reduction to 3% would equal about $12,000.
Mr. Schenkman expressed some concern about singling out a group of employees, the non-union employees, to take less. Other municipalities across the country are asking all employees to take less.
Dr. Ciervo moved to amend the motion to approve the 2009 budget to include a reduction in the salary pool to 3%. Mr. Gallagher seconded.
Mr. Jirele said that he would prefer a reduction to 3.5% to allow for comparison with other municipalities.
Mr. Schenkman again said that he would like to address all, not just non-union, employees.
Mr. Gallagher agreed that the pool should only be reduced to 3.5%, while directing the Manager to attempt to meet a 3% reduction. This gives the manager flexibility. He expressed some concern that services could suffer.
Mr. Calabro asked the Board to consider other areas for reductions rather than in salaries, as this can negatively impact the morale of the employees.
Dr. Ciervo noted that this is a pool giving the Manager flexibility to reward an outstanding employee with more than the proposed 3%.
Dr. Ciervo asked that the Board eliminate the $20,000 budgeted for a part time employee in the Park and Recreation Department.
Mr. Gallagher noted that the position will not be filled until authorized by the Board of Supervisors. Removing this from the budget leaves no flexibility to fill the position if and when it becomes necessary.
Mr. Schenkman agreed that he would not want to freeze this hire.
Mr. Jirele said that the Park and Recreation Department is down one person. The Board has asked the Department to re-evaluate. If the Department can document the need for the part time employee the budget should still be in place to fill the position.
Mr. Calabro agreed that he would like the position left in the budget.
In response to Dr. Ciervo’s question, Mr. Czajkowski said that the Board had agreed to leave the $20,000 contribution to the Newtown Corporation in the budget but to distribute the funds quarterly in $5000 payments, with a quarterly review.
Dr. Ciervo said that he had asked that employee contributions to health benefits be changed to a percentage contribution rather than a dollar amount.
Mr. Schenkman said that while he agreed that a percentage is a good policy decision, but at the suggested 10% it would be neutral to this budget. He would prefer to thoroughly investigate this for possible implementation in 2010.
Mr. Jirele agreed that it would not affect this budget. Only 8 employees would be affected. He suggested postponing this until the next open enrollment period in 2010.
Mr. Garton suggested that the Board has only considered employee contribution as a way to save money on health benefits without analyzing other ways to produce meaningful savings, such as with plan content.
After further discussion, a majority of the Board supported leaving the Park and Recreation part time employee in the budget, reviewing the policy for employee contribution to health benefits, and affirming the continued support of the Newtown Corporation and reducing the employee salary pool increase to 3.5%.
Mr. Calabro noted that he does not support the reduction in the salary pool.
Dr. Ciervo amended his prior motion to reduce the salary pool to 3.5%. Mr. Gallagher seconded and the motion passed 4-1, with Mr. Calabro voting nay.
Dr. Ciervo moved to adopt Resolution 2008-R-22. Mr. Gallagher seconded and the motion passed 5-0.
Mr. Czajkowski reviewed the tax rate structure proposed for 2009, a total millage of 2.5 mills, as follows:
Mr. Jirele moved to adopt Resolution 2008-R-23, setting the tax rate at 2.5 mills. Mr. Gallagher seconded.
Discussion of motion: In response to Dr. Ciervo’s question, Messrs. Czajkowski and Gallagher confirmed that Newtown Township’s is the seventh lowest millage in Bucks County, and significantly lower than the rate of the surrounding communities.
The motion passed 5-0.
Mr. Gallagher moved to develop a policy statement for the 2010 budget which will require a percentage contribution to employee benefits, the percentage to be determined.
Dr. Ciervo seconded and the motion passed 5-0.
Municipal Complex Bid Award: Mr. Czajkowski presented the recommendations for award of bids for the municipal complex expansion, which includes a new administration building and a new public works building but does not include renovation of the existing administration building for police department use. The bids were reviewed by the Township Solicitor, Township Engineer, Township Administration and Boyle Construction Management.
Mr. Schenkman moved to award the prime general trades contractor bid to Simeral Contracting in the amount of $4,789,400. Mr. Gallagher seconded.
Discussion of motion: Mr. Jirele noted that this amount is about $500,000 less than anticipated. The total amount for the project is $7,167,725. The original cost estimate had been between $7.4 and $7.6 million
The motion passed 5-0.
Mr. Schenkman moved to award the HVAC bid to Worth and Company in the amount of $1,030,000. Mr. Gallagher seconded and the motion passed 5-0.
Mr. Schenkman moved to award the electrical bid to Dayspring Electrical in the amount of $840,900. Mr. Gallagher seconded and the motion passed 4-1, with Dr. Ciervo voting nay.
Mr. Schenkman moved to award the plumbing and fire protection bid to Integrity Mechanical in the amount of $507,425. Mr. Gallagher seconded and the motion passed 5-0.
Woll Tract Bids: Mr. Czajkowski reported that the bids received for the Woll tract have been reviewed by Gilmore & Associates, the Township administration and Park and Recreation Board Chairman Andrew Levine. It was agreed that because bids received were considerably more than the anticipated $2,600,000, they should be rejected and the project re-bid with a series of add alternatives. Mr. Czajkowski presented a memo from Sharon Dotts of Gilmore & Associates listing the add alternate descriptions, which include conduits, pole bases, etc for sports lighting, drinking fountains, benches and bike racks, imprinted pavements, recreational surface and equipment installation, water service and irrigation, non-buffer on-site landscaping. Certain unit costs, including bleachers and concrete pad, trash receptacles, walking trails and paved parking areas have also been listed.
Dr. Ciervo moved to reject all bids received for the Woll tract project. Mr. Gallagher seconded and the motion passed 5-0.
Mr. Schenkman moved to authorize advertisement of new bids with add alternates. Dr. Ciervo seconded.
Discussion of motion: In response to Mr. Gallagher’s question regarding timing of the new bids, Mr. Garton explained that the advertisement must run once a week for three weeks.
Mr. Czajkowski said that when new bids are tabulated, probably in February, the Board can move quickly, thereby not delaying groundbreaking in the spring.
The motion passed 5-0.
Open Records Policy - Resolution 2008-R-24: Mr. Garton explained that the State Legislature has adopted a new Open Records Law, effective January 1, 2009. The law imposes certain obligations on the Township with respect to open records. The draft policy presented is intended to meet the requirements of the new law. The policy identifies the Assistant Township Manager as the Open Records Officer. This version of the policy has been reviewed by the State Open Records Office and found to be satisfactory. A resolution of the Board adopting the policy is necessary.
Mr. Schenkman moved to adopt Resolution 2008-R-24, Open Records Policy. Mr. Gallagher seconded.
Discussion of motion: In response to Mr. Gallagher’s questions, Mr. Garton explained that the Township is still required to mail letters of response to requests; electronic response is not sufficient. An administrative employee of the Township may assist the Open Records Officer with responses if the Open Records Officer is not available.
In response to Board questions, Mr. Czajkowski said that a file of requests and responses will be kept. All Township Departments have participated in open records training. A fee schedule for information will be posted on the Township Web site. The Open Records Officer determines whether a request is “reasonable”, and may determine whether to deny an “unreasonable” request. There is an appeals process for denials.
The motion passed 5-0.
Chandler Hall - Dedication of a portion of Barclay Street, Resolution 2008-R-25: Mr. Garton explained that as part of a land development process some years ago, a portion of Barclay Street was relocated. That portion of road is to be accepted for dedication. Funds are to be released as part of the resolution accepting dedication, with the Township retaining $5000 for any outstanding issues on the project.
Ms. Fountain recommended acceptance of dedication, noting that the $5000 to be retained is sufficient to address some minor matters.
Mr. Gallagher moved to adopt Resolution 2008-R-25, accepting dedication of a portion of Barclay Street. Mr. Schenkman seconded and the motion passed 5-0.
JMZO Ordinance No. 2008-09 - Elimination of Use B-14 in the CM District : Mr. Jirele opened the hearing on this proposed ordinance.
Mr. Garton explained that the Board had authorized advertisement of this proposed amendment which would eliminate the B-14 use within the CM Conservation Management Zoning District and would modify density standards for other residential uses permitted within the CM District. Action on this amendment had been tabled at the December 3, 2008 meeting.
Dr. Ciervo moved to adopt JMZO 2008-09, CM District revisions. Mr. Gallagher seconded.
Discussion of motion: Dr. Ciervo said that this amendment has been discussed at length at the Jointure. It eliminates the B-14 use, which is a high density use, from the CM district, and increases the minimum lot size for single family houses. Recent rezoning of other properties throughout the Jointure has provided adequately for high density residential use. The amendment also increases the minimum lot size for a single family home. Both Upper Makefield and Wrightstown have already adopted this Ordinance.
The motion passed 3-2, with Messrs. Calabro and Schenkman voting nay.
Rockbridge - Addendum to Agreement of Sale: Mr. Gallagher moved to authorize an addendum to the sale of the Gigliotti Avignon Rockbridge property to the Township with ad extension of closing date. Mr. Schenkman seconded and the motion passed 5-0.
Fred Hand, 3 Hillview Drive: Mr. Jirele noted that this request for increased impervious surface to construct a patio is similar to others in this development. He suggested that it be moved to the Zoning Hearing Board without comment.
Mr. Gallagher questioned whether a fire pit, as shown on the plan, is permitted within the Township.
Mr. Garton noted that this is a new style in home improvements and that the Township’s code has not yet addressed it. He suggested that the fire marshal review the application. The fire pit is not addressed in the zoning ordinance but is a codes matter.
The Board agreed to forward the application without comment, but to ask the fire marshal for input on the fire pit.
Neil Morris, 429 Taylor Avenue: Attorney Maureen Carlson represented the applicant. She noted that the application has been amended, leaving the driveway width the same but reducing the length. The impervious surface has been reduced. A stone gully has been planned at the side of the driveway to better control any additional run-off. There is an existing shed on the property which is included in the total impervious surface. If, at some point in the future the shed is removed, Mr. Morris has agreed that he would not use the impervious surface percentage gained for any construction on the side of his property facing the Lumpkin property. The plan has been reviewed by the Township Engineer, who agreed that the river stone gully would adequately address any additional stormwater run-off. The Lumpkin family, who had initially opposed the application has reviewed and agreed to this compromise plan.
Attorney Keith Brown, representing Mr. and Mrs. Lumpkin, confirmed that his clients do not oppose this amended application.
Mr. Gallagher said that the discussion has assumed that the only reason for opposition to the plan is the control of stormwater. He said that the preservation of green is also of concern to him. The existing driveway is very large, and is now to be expanded, giving an appearance of an overly paved property. This applicant has already been granted a variance to increase to 17% from the permitted 13%. The current application is now seeking 20.5% impervious surface, almost 100% increase.
Ms. Carlton noted that the property had an existing non-conformity and had originally been at 16.1%. At the time the previous variance was granted the applicant agreed, as a condition of approval of the variance, to install stormwater management for additional impervious above 13%. With the proposed new stormwater management, plus what has already been installed, run-off will be reduced.
Mr. Gallagher moved to send the Solicitor to the Zoning Hearing Board to oppose this application. Dr. Ciervo seconded.
Discussion of motion: Mr. Calabro said that the Board had instructed the applicant to work with his neighbors on a suitable compromise, which he has done. It is now up to the Zoning Hearing Board to consider the application.
Mr. Jirele said that the Board needs to be consistent in its requests to applicants.
Mr. Schenkman agreed that the Board had given direction to work on a compromise. The Board’s focus had been on the dispute with the neighbors. The increased impervious surface is a question to be resolved by the Zoning Hearing Board.
Mr. Lumpkin said that his biggest concern had been that the construction taking place match the plans submitted and that the improvements not exceed the amount of impervious surface granted by the Zoning Hearing Board.
Mr. Morris said that he has attempted to resolve this concern. The current plan has corrected prior mistakes and this application includes a request for all current and proposed impervious surface. It had been his understanding that the concern was stormwater management and he has addressed this. The original driveway was larger than the currently proposed driveway. He has made the house larger than the original, but there had always been a large driveway.
Mr. Gallagher said that the Board is obliged to uphold the ordinances on behalf of the entire Township, not to just address the ordinance as agreed to by the two neighbors.
Ms. Carlton confirmed Dr. Ciervo’s observation that the addition to the house is in part on what had been the original driveway. She also pointed out that a portion of the 421 Taylor Avenue neighbor’s driveway, 189 square feet or 0.5% of the impervious surface, is located on Mr. Morris’s property and is included in this impervious calculation.
Resident Harry Swanson said that he lives next door to the Morris property. The applicant is currently able to access his garage with the existing driveway, as had the previous owner. He does not think the extension to the driveway is necessary.
Mr. Jirele said that while the driveway seems excessive, the applicant and his neighbor had been instructed by this Board to work out a compromise to avoid opposition from the Board of Supervisors at the Zoning Hearing Board.
The motion failed 1-4, with Messrs. Jirele, Schenkman, Calabro and Dr. Ciervo voting nay.
Dr. Timothy Ireland ( Newtown Veterinary Hospital), 107 Penns Trail: Kevin Wilson, representing Dr. Ireland, was in attendance to discuss this request for an increase in both the size and height of the signs for the Hospital’s new location inside Newtown Business Commons. Mr. Wilson noted that the sign is similar in size to other signs on Penns Trail, and in keeping with the size of the newly renovated building.
The Board discussed reducing the height to conform to the Ordinance.
Mr. Wilson agreed and at Mr. Garton’s suggestion, said that he would amend the application to only include the increased size.
The Board passed this application to the Zoning Hearing Board without comment.
OHB Homes, Inc. (Goodnoe Tract), Eagle Road south of Wrights Road: Attorney Ed Murphy was in attendance to review this application for relief to disturb agricultural soils and man made steep slopes for construction of a 40 unit (20 buildings) twin home development. In the past, Orleans had submitted an application for a B-14 plan, referred to as the “large lot plan”. At that time, Zoning Hearing Board relief was granted. That approval for the large lot plan was overturned by the Court of common Pleas. This plan, also a B-14 use, contemplates disturbance of agricultural soils of 32.73% where 25% is permitted, a relief of 7.73%. The only portion of the property not containing agricultural soils is the flow area of the creek. The plan’s site calculations include the area of the three existing homes.
In response to Mr. Jirele’s questions, Mr. Murphy said that without disturbance of the agricultural soils, very few, if any, new lots could be created. He did not have fully developed plans to show the Board, but explained that the Planning Commission had reviewed some preliminary plans, which show the agricultural soils and the steep slopes, which are mostly along Eagle Road. The property has 63 acres, 25% of which are non-agricultural soils. 50% of the non-agricultural soils are located on the three already existing lots.
Dr. Ciervo moved to send the Solicitor to oppose the application of OHB., Inc. for variances for disturbance of agricultural soils and steep slopes. Mr. Gallagher seconded.
Discussion of motion: Mr. Schenkman asked why the Zoning Hearing Board could not consider this application without the Solicitor’s opposition.
Mr. Jirele said that it is the Board’s responsibility to represent the residents of the Township and to protect them.
Mr. Gallagher said that the development proposed is large and will affect the entire Township.
Mr. Calabro said that he is not sure that this property would ever become agricultural again. The proposed open space would remain, whether donated to the Township or held by a Homeowners Association.
Resident Marty Sommer of 250 Eagle Road said that he is very concerned about the impact on traffic on Eagle Road if the plan is developed. This development would have a great impact on the immediate neighbors.
Tony Lauro asked the Board to oppose the application. The B-14 use proposed has just been eliminated. The proposed open space is not accessible to the public and the development will impact the ambience of the neighborhood.
Resident John D’Aprile said that during the campaign the new Board members had promised to support what the residents want. He asked that they send the Solicitor to the Zoning Hearing Board to oppose.
The motion passed 5-0.
2008 Roadway Improvement Program, Pay Estimate #4: Mr. Gallagher moved to authorize roadway payment number 4 in the amount of $20,160.33. Mr. Schenkman seconded and the motion passed 5-0.
Grainhouse Developers, Certificate of Completion #2: Mr. Gallagher moved to authorize escrow release in the amount of $182,292.76 to Grainhouse Developers.Mr. Schenkman seconded and the motion passed 5-0.
109 Pheasant Run, Certificate of Completion #2: Mr. Schenkman moved to authorize escrow release number in the amount of $120,510.37 to 109 Pheasant Run. Mr. Jirele seconded and the motion passed 5-0.
Chandler Hall, Certification of Completion #3: Mr. Schenkman moved to authorize escrow release number 3 in the amount of $93,917.70 to Chandler Hall. Mr. Jirele seconded and the motion passed 5-0.Newtown Industrial Building, 11 Friends Lane, Certificate of Completion #8: Mr. Schenkman moved to authorize escrow release number 8 for Newtown Industrial Building, 11 Friends Lane in the amount of $20,440.40 subject to the condition that $10,000 of this be used to settle outstanding invoices. Dr. Ciervo seconded and the motion passed 5-0.
Dr. Ciervo asked that the Board develop a policy on the use of employee cell phones in the coming year. Monthly cell bills have been about $1400.
Mr. Czajkowski said that the administration has already begun reviewing the current cell phone use. He said that he expects to reduce usage and bills by about half. At a February work session he will provide data on use patterns and information on which employees are using the cell phones.
Mr. Garton said that there would be a need for an executive session to discuss matters of litigation.
The meeting adjourned at 10:30 PM.