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Council Meeting

April 23, 2020

7:00 P.M.

Online Council Meeting via Zoom

Council President Tara Grunde-McLaughlin called the special meeting of Newtown Borough Council to order at 7:00 P.M. on Thursday, April 23, 2020. The President asked those in attendance to join her in a moment of silence in memory of Thomas Real, lifelong Borough Resident, as well as others who have been affected by COVID-19; President Grunde-McLaughlin acknowledged the numerous community efforts taking place to support healthcare professionals, first responders, essential workers, and local businesses during this difficult time. This was followed by the Pledge of Allegiance.

Present: Councilors Grunde-McLaughlin, Woldorf, Cohen, Turner, Szwajkos, Rodowicz; Mayor Swartz; Solicitors Gallagher and Nicolo; Chief Sabath; Engineer Fountain

President Grunde-McLaughlin reported that the PA Legislature passed a bill on Monday, April 20, 2020 allowing Boroughs to meet online. Solicitor Gallagher reported that an Executive Session was held on April 14, 2020 to discuss potential litigation matters in addition to the following matters of urgency:

❖ A motion was duly made by Councilor Woldorf, seconded by Councilor Turner, and passed unanimously, to ratify the Disaster Emergency Declaration put forth on March 13, 2020 as moved by Councilor Woldorf, seconded by Councilor Szwajkos, and passed unanimously in an Online Executive Session on April 14, 2020.

❖ A motion was duly made by Councilor Woldorf, seconded by Councilor Turner, and passed unanimously, to ratify the adoption of Resolution #4-23-2020A to delay the penalty for County & Municipal Real Estate Taxes to begin on 7/31/2020, as moved by Councilor Woldorf, seconded by Councilor Szwajkos, and passed unanimously in an Online Executive Session on April 14, 2020.

❖ A motion was duly made by Councilor Woldorf, seconded by Councilor Cohen, and passed unanimously, to ratify the direction of the Solicitor to draft a letter to Newtown Township in agreement to pay 50% of the engineering fees to develop a grant application for a pedestrian bridge, not to exceed $2,124.00, as motioned and amended by Councilor Woldorf, seconded by Councilor Cohen, and passed unanimously in an Online Executive Session on April 14, 2020.

Councilor Woldorf clarified that the Borough will not pay more than 50% of $2,124.00 in engineering fees.

❖ A motion was duly made by Councilor Cohen, seconded by Councilor Turner, and passed unanimously, to ratify the approval of Professional Services Invoices from Barry Isett & Associates and CKS Engineers for February 2020, as moved by Councilor Cohen, seconded by Councilor Turner, and passed unanimously in an Online Executive Session on April 14, 2020.

❖ A motion was duly made by Councilor Rodowicz, seconded by Councilor Cohen, and passed unanimously, to ratify the acceptance, subject to audit, of the Consolidated Expenditure Report for the month of March totaling $233,825.33, as moved by Councilor Rodowicz, seconded by Councilor Cohen, and passed unanimously in an Online Executive Session on April 14, 2020.

Amendments to the Agenda

President Grunde-McLaughlin reported that the Solicitor invoices will be tabled until the next meeting.

Mayor Swartz will be announcing a public declaration for May 3, 2020.

Public to be Heard

Gerard O'Malley thanked Council for hosting a Zoom Council Meeting.

Mayor’s Report – Charles F. Swartz, III

Mayor Swartz reported that the PA State Mayor's Association is promoting Sunday May 3, 2020 as Bells Across Pennsylvania Day to recognize first responders, healthcare workers, and employees of grocery stores, pharmacies and other life sustaining businesses, who have maintained essential services while at risk of infection from COVID-19. In an effort to demonstrate solidarity, it is requested that all churches and steeples ring their bells for 3 minutes at 7:00 PM.

Police Chief's Report – James Sabath

Chief Sabath reported that the Newtown Borough Police Department has remained healthy and is wearing masks to prevent the spread of COVID-19 as well as set a good example for the community; activity has slowed down due to businesses being closed and less traffic.

President’s Report –Tara Grunde-McLaughlin

President Grunde-McLaughlin stated the effect that COVID-19 is having on our local government, noting that Newtown Borough is following the guidelines from the state. The President reported on upcoming street maintenance which includes street sweeping in either the second or third week of May; information will be shared on the Borough website. President Grunde-McLaughlin reported that the annual Arbor Day Celebration has been cancelled; she reiterated her appreciation for the numerous community efforts being made in support of those on the front lines in this global pandemic, and asked that the community support its local businesses.

Solicitor’s Report –Lauren Gallagher

Solicitor Gallagher reported that this Zoom meeting is being video recorded.

Solicitor Gallagher noted that a Civil Service Commission Ordinance Amendment has been shared with Council for review. Councilor Woldorf noted that the Civil Service Commission reviews applications for new full-time police officers; Ms. Woldorf read the changes to the Ordinance which include providing a Solicitor, filling vacancies, and stating the number of members and alternate members permitted on the Commission.

❖ A motion was duly made by Councilor Woldorf, seconded by Councilor Rodowicz, and passed unanimously, to direct the Solicitor to advertise Ordinance #770, amending Chapter 12 of the Civil Service Commission Ordinance, for a public hearing and adoption at the May 12, 2020 Council Meeting.

Chief Sabath was in support of both the Ordinance Amendment as well as adding alternate members to the Civil Service Commission; he noted that the Borough has approved the promotion of a police sergeant within the NBPD and this process will include the Civil Service Commission.

Solicitor Gallagher reported that Council needed to review a contract for Police Department Fire Annex Renewal Option Period 4, noting that this was an agreement entered into in August 2000 between the Borough and the Newtown Fire Association. The original lease agreement provided for a five year term, subject to four additional renewal terms. Solicitor Gallagher noted that this is the final renewal period, and recommended that the Borough consider drafting a new agreement in the next few years or consider another arrangement. In response to Councilor Szwajkos, the Solicitor stated that the current contract will end on July 31, 2025.

❖ A motion was duly made by Councilor Rodowicz, seconded by Councilor Woldorf , and passed unanimously, to sign the lease agreement letter to the Newtown Fire Association as stated.

Solicitor Gallagher reported on the uncertainty of legal procedures surrounding Zoning Hearing Board hearings during a prohibition period on large gatherings; the Solicitor drafted a memo outlining their recommendations for the ZHB during stay at home orders which includes addressing requests for party status, and offering applicants the option to postpone their hearings.

Councilors Rodowicz and Turner agreed with moving all business matters of the Borough forward. In response to Councilor Woldorf, the Solicitor stated that, for any ZHB requests received between March 6, 2020 and mid-May, the regular timeline for review begins in the middle of May.

❖ A motion was duly made by Councilor Turner, seconded by Councilor Woldorf , and passed unanimously, to direct the Solicitor to work with the Zoning Hearing Board Solicitor and Zoning Officer to implement the policy.

Councilor Turner reported that the PA Borough Code allows for Councilors to meet through telecommunications given that there is a physical quorum present at the meeting site, and read Resolution #4-23-2020B that specifically applies this policy to Newtown Borough.

❖ A motion was duly made by Councilor Turner, seconded by Councilor Rodowicz , and passed unanimously, to adopt Resolution #4-23-2020B Telecommunications Policy.

In response to Councilor Cohen, Solicitor Gallagher stated her belief that Senate Bill 841/Act 15 of 2020, which allows all of Council to meet remotely during a declared state of emergency, overrides this Resolution.

Engineer’s Report –Michele Fountain

Engineer Fountain stated the following as the final determination of streets selected in the 2020 Road Program and requested Council make a motion to advertise:

• N. Chancellor Street from Jefferson Street to the Borough line: Base repair, build, and overlay of the road; 75 feet of concrete curb will be replaced by a homeowner.

• Mercer Street from S. State to S. Congress Street: Base repair, build, and overlay of the road; 52 feet of stone driveway depression will be replaced, 40 square feet of sidewalk will be replaced, and a concrete driveway apron will be installed, all of which will be paid for by the property owner. ADA ramps will also be installed.

• E. Centre Avenue was changed to base repair only.

• A pothole on E. Greene Street between N. State and Liberty Streets will be fixed with base repair and is estimated at 60 square yards.

• A pothole at the intersection of Jefferson Street and N. Congress Street will be fixed with 60 square yards of a Type 3 pavement repair.

• Alternate add-on is Jefferson Court: repairs along the depressed inlets and base repair only.

❖ A motion was duly made by Councilor Turner, seconded by Councilor Szwajkos, and passed unanimously, to authorize Engineer Fountain to advertise [the 2020 Road Program].

In response to Councilor Woldorf, Engineer Fountain stated that Council can vote on the 2020 Road Program as early as the June Council Meeting. Secretary Musto confirmed that the letters were mailed to the two property owners who will be paying for repairs.

Councilor Szwajkos brought up the subject of crosswalks at Mercer and S. State St. and Mercer and Court St. which Engineer Fountain will review. In response to Councilor Rodowicz, Engineer Fountain stated that ADA ramps are included on Mercer Street but not on E. Centre Avenue. The 2020 Road Program preliminary estimate, shared with the Budget and Finance Committee by the Treasurer today, was 6 months old and has since been updated and revised. Councilor Rodowicz noted the importance for the Street Committee to communicate back to the Borough Treasurer regarding changes to road program proposals. Engineer Fountain noted that the final list of work that will be done in the 2020 Road Program was shared with Council today but does not show cost estimates, which she offered to provide to Council. Engineer Fountain stated that the only sidewalk replacement in this year's road program is due to the installation of a handicap ramp. Councilor Turner noted that the changes to the 2020 Road Program had been discussed at the last Council Meeting and she believed the Treasurer listened to the meeting recordings.

Engineer Fountain will be meeting with one business owner, together with the Streets Committee, to discuss 2020 Road Program repairs involving their property.

Engineer Fountain plans to provide a final report on the 2019 Road Program in May.

Councilor Rodowicz requested whether residents who replaced curbs in 2019 can be reimbursed for work they've done themselves this Spring since the 2019 Road Program Contractor has been unable to complete stabilization work. Councilor Szwajkos stated that the Borough has paid for the work to be done based on a contractual agreement. President Grunde-McLaughlin requested that Solicitor Gallagher provide her opinion; she will need to review the 2019 Road Program contract in order to offer her opinion and reiterated that these are unprecedented times.

Approval of Minutes

❖ A motion was duly made by Councilor Szwajkos, seconded by Councilor Turner, and passed unanimously, to approve the March 4, 2020 Work Session minutes.

❖ A motion was duly made by Councilor Szwajkos, seconded by Councilor Turner, and passed unanimously, to approve the March 10, 2020 Council Meeting minutes.

In response to Councilor Cohen's concern that the changes to the 2020 Road Program were not all captured in the summary minutes from the March 10, 2020 Council Meeting, Secretary Musto stated that she would include the details, as shared by Engineer Fountain, in these minutes.

COMMITTEE REPORTS

Environmental Advisory Council – Julia Woldorf

Councilor Woldorf reported that she submitted a DCNR Small Communities Grant application last Friday to be applied to the Bird-in-Hand Lot 2 aka 112 Court Street park. The grants are awarded in late Fall and the grant period is 2021 through the end of 2023. The project cost estimate was $108,655, the grant request is for $69,327, and our match would total $39,328; of the match, $3,250 would be achieved through volunteer labor. Councilor Woldorf stated that letters of support from community groups and neighbors were submitted with the application, noting that groups offered assistance with both fundraising and providing volunteers.

Councilor Rodowicz noted that incoming revenue will be affected due to the pandemic and that it will be difficult to pay for non-budgeted items. Councilor Woldorf stated that no matching funds are required from the Borough at this time and would be spread out over time, and read Resolution #4-23-2020C.

❖ A motion was duly made by Councilor Woldorf, seconded by Councilor Rodowicz, and passed unanimously, to adopt Resolution #4-23-2020C [authorizing the application for a DCNR Grant to develop the 112 Court Street Park.]

Emily Ricketts, Resident, expressed her and her husband's support for this project.

Budget & Finance – Tara Grunde-McLaughlin, Nicole Rodowicz, and Marv Cohen

Motions to approve the Professional Services Invoices from Rudolph Clarke, LLC for January 2020 and February 2020 were tabled.

Old Business

Councilor Woldorf reported that the eCode360 project will resume at the May Work Session and she is revising the schedule for review of Ordinances; she requested that Councilors send her their questions and comments.

Councilor Cohen stated that the first meeting to begin the Comprehensive Plan was postponed from tonight to next month, with the potential meeting taking place at the second Council Meeting on May 28, 2020. Councilor Cohen shared his communication from the Bucks County Planning Commission, and passed along suggestions to Council members to share with their various Boards and Committees as Liaisons. Councilor Cohen noted that the survey is the first part in the Comprehensive Plan process.

President Grunde-McLaughlin reported that the Borough has paid off the 2015 loan early for the resurfacing of S. Lincoln Ave.

New Business

Councilor Szwajkos provided information that the PA online voting registration for absentee and mail-in ballots is functional. In response to Councilor Szwajkos, President Grunde-McLaughlin noted that the County Board of Elections is the authority for determining whether or not the local police department would need to be involved with the upcoming primary election. Solicitor Gallagher stated that the state has encouraged mail-in voting for the next election due to COVID-19.

Councilor Rodowicz noted that the Bucks County parks are open and asked about the ability to open Newtown Borough parks. Chief Sabath noted that amenities in county parks are still closed but advised that playground areas primarily be closed to the public given current state orders.

Public to be Heard - none

The meeting adjourned at 8:45 P.M.

Respectfully Submitted,

Judy S. Musto

Borough Secretary

Attendees

Warren Woldorf Jeff Werner

Gerard & Bridget O'Malley Emily Ricketts

Jeanne Haeckel Bob Musto

Ted Schmidt Eleanor Zmuida

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