NEWTOWN TOWNSHIP BOARD OF SUPERVISORS MEETING MINUTES FEBRUARY 11, 2013 ROLL CALL The regularly scheduled meeting of the Board of Supervisors was called to order by Chairman Joseph Catania at 7:30 p.m., Monday, February 11, 2013, at the Newtown Township Municipal Building. The following Supervisors were present: Chairman Joseph Catania, Vice-Chairman Edward Partridge, H. Ross Lambert, John Nawn, and George Wood. Also present were Richard Sokorai, High Swartz, Township Solicitor; Eileen Nelson, Stantec Consulting, Township Engineer; and Michael T. Trio, Township Manager. The Chairman announced that the Board held an Executive Session prior to the meeting to discuss the agenda and personnel matters. MOMENT OF SILENCE The Chairman requested those present to observe a moment of silence. PLEDGE OF ALLEGIANCE The Chairman led those present in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Catania stated there are two changes to the agenda the Zoning Hearing Board Resignations and Appointments and a Resolution for National Engineers Week. Mr. Wood made a motion to approve the agenda with the noted changes. Mr. Partridge seconded the motion and the vote was unanimous. The motion carried. MINUTES Mr. Nawn made a motion to approve the minutes of January 28, 2013, as submitted. Mr. Wood seconded the motion and the vote was unanimous. The motion carried. BILLS SUBMITTED Mr. Catania stated he reviewed the bills totaling $263,773.45 from the general fund and made a motion to approve the bills for payment, as submitted. Mr. Partridge seconded the motion and the vote was unanimous. The motion carried. MANAGERS REPORT Mr. Trio stated a quarterly payment of $112,555 to CDCA was included in the bills to pay. Departmental and Boards/Commissions reports will be presented during the second meetings of the month. A request was received for minor changes to the Liseter property that involve the berm system
along Rt. 252, the pump station location change, access to the pump station in Phase 1, and some changes to the building configurations on the attached units. Ms. Nelson and Mr. Sokorai concurred that these were minor changes and did not require Board approval. Mr. Trio announced the Muck Ruckus is moving a portion of the field to the Liseter site. The Planning Commission meeting has been changed to February 13 th and they will hear the CR Ordinance revisions. The Zoning Hearing Board will hear two cases a two-lot subdivision and the Dixon Homes conditional use change. NEW BUSINESS Authorize Advertisement of Township Property on Municibid: Advertise the sale of township property between February 21 st and March 8 th on Municibid for a 1997 GMC pick-up truck with Fisher snow plow and Air Flo salt spreader and a 2004 Ford Explorer SUV. Mr. Trio stated these are old vehicles and not worth repairing. It is planned to purchase a new pick-up truck from the proceeds of the sales of all vehicles. Dr. Lambert made a motion to authorize the advertisement for the sale of township property on Municibid, as stated. Mr. Nawn seconded the motion and the vote was unanimous. The motion carried. OLD BUSINESS Presentation/Update by Jamie MacCombie for changes to the Act 537 Plan: Mr. Catania presented a recap of the special meeting held on Monday. The Board discussed two possible revisions: the ordinance for deferment of connection from 15 years to 10 years and Echo Valley low pressure (114 homes) possible modification to gravity depending upon environmental impact with the extra line running behind the houses. The decision was delayed. On Friday morning, Mr. Trio, Mr. Catania, Mr. Sharretts, Herbie MacCombie, Mr. Porter and Mr. Sokorai toured the Echo Valley area and the proposed line. Mr. H. MacCombie believed there would be minimal environmental impact. Mr. J. MacCombie presented the possible changes to the proposed Act 537 Plan regarding switching to gravity sewers in areas designated for low pressure systems. Mr. MacCombie identified the eastern area to be considered for gravity and believed it was a positive meeting. As a result, 51,000 gallons/day would be diverted to the Ashford pump station, thereby minimizing the flow to other pump stations. The flow to the Ashford pump station would total 207,000 gallons/day and the pump station was designed to handle 213,000 gallons/day. Based on this information, Mr. MacCombie believed this option should be considered by the Board. Originally, 114 homes were included on the low pressure system, now fourteen homes would need pumps and this could possibly be reduced to six or eight homes. There would be capacity changes to the pump stations at Goshen Road and Ashford. Mr. Porter provided details on the properties affected, grinder pumps, easements, and ejector pumps. Mr. Porter explained the difference between grinder pumps, which pump to low pressure, and ejector pumps, which pump to gravity, and stated the costs are comparable. Mr. Nawn asked about environmental issues along Crum Creek and Mr. Porter believed it will meet the standards. Mr. Wood stated many residents are happy with the gravity system and will grant easements at no cost. Mr. MacCombie identified that certain easements will need to be obtained from adjacent neighbors. Mr. Wood asked about an established timetable. Mr. MacCombie identified that the gravity option change would require another 30-day comment period; 45/60 days for the responses; DEP plan submission of 120 days; six to eight month appeal period; 1 ½ years to complete 2
the design and put out to bid; and 1 to 2 years for construction. The size of the bond issue would depend upon phasing of the project or completing the entire project at one time. Mr. Nawn made a motion to advertise the Act 537 Plan reflecting the revisions of the proposed Echo Valley change from low pressure to gravity system for the greatest number of properties possible as reviewed by Mr. MacCombie and Mr. Porter, a 30-day comment period to commence upon advertisement, and the revision to change the 15-year deferment to a 10-year deferment. Mr. Wood seconded the motion. Sid Elston, 312 Echo Valley Lane, asked about the easements and the location of the new line. Mr. Porter identified that eight residences on the northern side of Crum Creek Lane and 310 or 312 Echo Valley Lane would require easements. Mr. Elston asked if they could run the line down the old roadway. Mr. Porter stated they would consider that. Mr. Porter stated the current configuration allows for connecting 79 residents with minimal extent of running a dual line. Mr. MacCombie identified that this is a concept plan which allows for minimal changes to the design plan (prior to bidding) and is the least intrusive environmentally. Mr. MacCombie instructed Mr. Elston to discuss this with Herbie MacCombie. Mr. Elston asked for an exception for the William Lewis house. Mr. Sokorai stated they discussed this with the attorney and they are not inclined to grant an exception as there is a 10-year deferment. Mr. Trio stated they received a letter from the Delco Planning Commission and the original application submitted was to reconstruct the barn on the property. Mr. Catania stated this could be brought up during public comment. Olga Delone, 309 Crum Creek Lane, asked about the easement location on her property. Mr. Porter stated the potential easement would enter her property and take a 90 degree turn. Mr. Porter read the list of addresses with easements (Crum Creek Lane 309, 311, 313, 315, 317, 319, 321, 321; Echo Valley Lane 310, 312; Battles Lane 4110 and 4112; 322 Echo Valley Lane; and 4103 Battles Lane). Paul Guest, 313 Crum Creek Lane, asked if Hunt Valley and Melmark were added into the gravity system. Mr. MacCombie answered yes and stated this will now be going to the Ashford pump station (51,000 gallons/day) which will be diverted from Camelot. Mr. Guest stated this is a huge difference and they have solved the problem for Echo Valley by providing gravity in addition to the diversion. Mr. Guest state this is wonderful and a great job. Mr. MacCombie stated that due to the 51,000 gallons/day being diverted from Camelot to Ashford, they may not have to change the line on Stoney Brook Boulevard. Mr. Guest indicated his willingness to grant an easement on his property for $1. Paul Evans, 346 Echo Valley Lane, applauded the Board s motion to amend the plan that provided a good end result. The Chairman called for the vote and the vote was unanimous. The motion carried. Mr. Sokorai stated the ad would be placed within two days, comments to the changes would be received within 30 days, and there would be 5 days for responses. Authorize Advertisement of Amendment to Chapter 75, Business Registrations: Mr. Trio explained the amendment will increase the business registration fee from $10 to $35 annually which will cover administration costs. The original ordinance was adopted in 2005 but was not enforced. Mr. Partridge made a motion to authorize the advertisement, as stated. Dr. Lambert 3
seconded the motion and the vote was unanimous. The motion carried. ADDDITIONAL BUSINESS Zoning Hearing Board Positions: Mr. Catania stated there were three resignations received from Ann Stulpin, Dick Carpenter, and David DePasqua who is now the Solicitor and his seat on the board will need to be filled. Dr. Lambert made a motion to accept the resignations, as stated. Mr. Partridge seconded the motion and the vote was unanimous. The motion carried. Mr. Partridge made a motion to appoint Ted Moser and Michael Russo to the Zoning Hearing Board. Mr. Russo s term will end 12/31/2013 and Mr. Moser s term will end in 12/31/2014. An additional position with a term ending 12/31/2015 will be advertised. Dr. Lambert seconded the motion and the vote was unanimous. The motion carried. Resolution National Engineers Week: Mr. Nawn read the resolution designating the week of February 17 th to February 23 rd as National Engineers Week and acknowledging the contributions of engineers in today s society. Mr. Nawn made a motion to accept the resolution, as read. Partridge seconded the motion and the vote was unanimous. The motion carried. Amendments to Ashford Agreements: Mr. Sokorai stated amendments are required to two sewer agreements at Ashford. One is for the connection from EchoValley to the Ashford pump station. The second amendment will allow connection further down. These will be a benefit to the township with the reimbursement of the prorated share of infrastructure of the sewer system. Toll Bros. has agreed to waive any reimbursement from the township for cost overages on the construction of the sewer system infrastructure. The township s risk is $0. The Municipal Authority Solicitor has also reviewed the amendments. Mr. Nawn made a motion to approve the Amendments to the Ashford Agreements, as stated, and Mr. Partridge seconded the motion. Paul Evans, 346 Echo Valley Lane, asked who negotiated the amendments and agreements. Mr. Sokorai confirmed it was a team effort. Mr. Catania stated it was also based on Toll s time schedule. Mr. Nawn echoed that this was a good job. The Chairman called for the vote and the vote was unanimous. The motion carried. PUBLIC COMMENT Francesco Darro, 4111 Goshen Road, owner of the William Lewis House, requested an exception to hooking up to public sewer and asked for an alternative. Mr. Darro stated the cost is not an issue and asked for an alternative to go forward with the existing septic system. Mr. Darro presented the history of the property which was deeded by William Penn in 1682. Mr. Darro stated the house has been restored to its original condition and he did not want to see a pipe running through the basement. Mr. 4
Catania confirmed there is a pipe coming from the structure now to the outside and asked how this would impact the property. Rosario Scalia, 4111 Goshen Road, explained the construction of the house was in three sections and the impact of installing a sewer pipe. The house is a bank house and they are looking for solutions. Mr. Catania suggested having the engineers make their recommendations, then, if needed, they can come before the Board to request relief. Mr. Nawn suggested Mr. Darro and Mr. Scalia get their own engineer to review the site. Mr. Darro referenced the letter from Delaware County Planning that indicated this site has a high potential for finding underground archeological artifacts. Mr. Partridge stated he would consider all options due to the historical significance of the property but an inspection is needed by the township engineers. Mr. Darro stated he will correspond with Mr. Trio. ADJOURNMENT The Chairman adjourned the meeting at 9:00 p.m. Respectfully Submitted, Michael T. Trio Township Manager/Secretary 5