Coming Together is beginning

Keeping Together is progress

Working Together is unity

Thinking Together is success

CouncilAgenda

November 9,2016

7:00 P.M.

ChancellorCenter

PLEASE TURN OFF CELL PHONES DURING MEETING

Call to Order ____ P.M.

Moment of Silence

Pledge of Allegiance

Amendments to the Agenda

Public to be Heard – Please Sign In

Visitors are given the opportunity to speak in the beginning and prior to adjournment, of each Council Meeting. Please limit your comments to five (5) Minutes.

Mayor's Report – Charles F. Swartz, III

  • Resolution to declare November 17 as World Pancreatic Cancer Day

Special Event Reminders

  • Newtown Mercantile Group - Shop to win a Gift Bag at select stores November 25 – December 24, 2016
  • Newtown Arts Company : The Nunsense Christmas Musical – December 1 – 7, 2016
  • Midnight Madness, Christmas Tree Lighting and Santa's Arrival - December 2, 2016; Santa's House will be open the first 3 weekends in December
  • Newtown Historic Association's Holiday Open House Tour - December 3, 2016
  • NewtownHoliday Parade - December 4, 2016
  • NBA Charity Breakfast with Santa at The Temperance House – December 10, 2016
  • Holiday Open House for Volunteers - December 11, 2016

President's Report – Robert J. Walker

Certificates of Appropriateness – Robert King

Approve the recommendation of the Historic Architectural Review Board and direct President of Council to sign the following Certificates of Appropriateness, thereby approving the historical appropriateness of the application, with final approval by the Code Enforcement Officer.

COA 2016-043-H Applicant: Helen Kerper, 19 S. State Street, barn/garage

The applicant is seeking a Certificate of Appropriateness for the replacement of the roof on the detached barn/garage.

HARB recommended approval of the application, as presented.

COA 2016-040-HApplicants: Terrance & Philomena Carroll, 109 S. Chancellor Street, residence

The applicant is seeking a Certificate of Appropriateness for the replacement of a roof, siding and mansard on the home. The applicants are returning with details on the use of materials which were recommended by HARB.

HARB recommended approval of the application, as presented,noting that the siding will be smooth HardiePlank and the mansard will be staggered HardieShingles. The applicant was asked to submit photographic examples of the proposed materials (as recommended by HARB in their motion) to be presented to Borough Council.

Make the decision that was deferred to Borough Council by the Historic Architectural Review Board, and direct President of Council to sign the following Certificate of Appropriateness, thereby approving the historical appropriateness of the application, with final approval by the Code Enforcement Officer.

Amendment to COA. 2015-028

Applicant: William Hess

121 N. State Street, residence

The applicant seeks an Amendment to Certificate of Appropriateness #2015-028 for the installation of windows which are not consistent with those stipulated in the approved C.O.A. The applicant is returning to HARB with a sample of the installed windows.

Architect William Hess was present.

The Board considered the application in relation to Ordinance No. 594 of the Borough of Newtown Code and The Secretary of the Interior’s Standards for the Treatment of Historic Properties, (1995), page 61.

Mr. Hess presented a sample of the installed windows, an Andersen Tilt-Wash Double-Hung Full Frame window. The materials of the window were discussed. It was noted that the exterior frame was labeled as “Perma Shield,” and the sash described as “rigid vinyl.”

Mr. McAuliffe said that HARB has been consistent with the recommendations of wood or metal clad windows in new construction, but has never approved vinyl or vinyl clad windows in the Historic District. Mr. Hess said that HARB should be open minded with regard to materials developed from new technology.

Mr. Hutchinson said that the proposed windows appear to be better than other vinyl windows, noting that there is a lot of wood in the windows. He said that the Board considers new materials, but has never had to accept a new material as the result of a difficult situation, such as the consideration of windows that have already been installed. Mr. Hutchinson said that, if HARB approves these windows, which are vinyl clad, then it opens the door for future requests for vinyl windows. He further stated that HARB cannot specify particular windows or manufacturers. He said that one issue with vinyl windows is the sheen, adding that the presented windows seemed to be a good product and attractive. Mr. McAuliffe noted that the windows have a smooth finish.

Mr. Titus said that a recommendation should not be made by HARB that allows exceptions. Ms. Brown clarified that the homeowners, not the contractor, had erroneously ordered the noncompliant windows. Mr. Hess clarified that he would be installing HARB approved windows in the other house he is working on in the Borough.

Mr. King suggested that HARB could consider if the proposed windows substantially meet what HARB is looking for in windows in new construction. Mr. Hutchinson noted that Borough Council can grant relief, but HARB cannot. Ms. Dinneen said she was concerned with setting of a precedent with any approval of vinyl. Mr. Titus said that, if HARB does not recommend approval of the windows, the applicant could appeal to Council. Mr. McAuliffe said that the proposed window is clearly a quality product, but is still a vinyl clad window. Mr. Titus suggested denying the application, with the option of the applicant going to Council for a decision. Ms. Brown advised commenting on the windows as part of the denial, in order to give Council some guidance.

Mr. Hutchinson made a motion to defer a decision on this matter to Council, noting that the windows installed are vinyl-clad windows, although an excellent product and top of the line, but noting that HARB has consistently not recommended vinyl or vinyl clad windows in the Historic District. Ms. Dinneen seconded the motion, which was unanimously approved by the Board.

Approval of Minutes

Approve the October 5, 2016 Work Session Meeting minutes.

Approve the October 11, 2016 Council Meeting minutes.

Approve the October 17, 2016 Special Council Meeting minutes.

COMMITTEE REPORTS

Budget & Finance –Chris Gusty & Perry Warren

Consolidated Report

Accept, subject to audit, the Consolidated Expenditure Report for the month ofOctobertotaling $187,141.38.

Year 2017Proposed Budget

Direct the Secretary to advertise the Year 2017 Proposed Budget of $3,923,311.

Year 2017 Tax Rate Ordinance

Direct the Secretary to advertise an Ordinance setting the Tax Rate for Year 2017 as follows: General Fund 9.25 Mills; Lighting Fund .75 Mill; Fire Tax Fund .875 Mills; Street Improvement Fund 2.125 Mills; Ambulance Fund .25 Mills; Earned Income Tax @ 1%; Realty Transfer Tax @ 1%; and Local Services Tax @ $52.00.

Year 2017 Tax Ordinance Fixing Salaries

Direct the Secretary to advertise an Ordinance Fixing Salaries and other compensation for elected tax collector and Council appointees for Year 2017.

  • Discussion to purchase new police vehicle

Personnel Committee – Kevin McDermott

  • Appointment of Thomas Murray to Human Relations Commission
  • Open Committee Positions-two for Environmental Advisory Council and members for Ad Hoc Traffic Committee; new open positions in January

Solicitor’s Report – William J. Bolla

Old Business

New Business

Public to be Heard

Motion to Adjourn

Council Agenda

November 9, 2016

Pg. #1 of #5