MINUTES OF NOCKAMIXON TOWNSHIP
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MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS January 19, 2011 The regular scheduled meeting for January was held on January 19, 2011 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:35PM with a salute to the flag. Other members present: Vice-Chair Wm. Sadow and Supervisors, A. Santopietro and C. Bahnck. Member absent: B. Keyser. Also in attendance: Solicitor, J.B. Yeager, Zoning Officer, C. Clayton, Secretary, A. Eichlin and Treasurer K. DeLuca.
SCHEDULING: Chair N. Janyszeski reviewed the schedule. The Nockamixon Historic Commission’s February meeting will be held Tuesday, February 15, 2011 @ 7:00 P.M. MINUTES OF MEET ING: A motion was made by C. Bahnck, seconded by Wm. Sadow, to approve the December 15, 2010 Board meeting as presented. The motion carried 4-0-0. A motion was made by C. Bahnck, seconded by Wm. Sadow, to approve the Board of Supervisors Organizational Meeting minutes of January 3, 2011 as presented. The motion carried 4-0-0. PUBLIC COMMENT: There was no public comment. REQUEST TO BE ON AGENDA: - Stephen Breiner – 212 Church Hill Road – The property owner, Stephen Breiner of 212 Church Hill Road addressed the Board. He commented that he has one commercial vehicle on his property and is aware of the complaints that have been brought to the Township. He would like to build a garage on his property to house his truck and trailer. After meeting with the Zoning Officer he was made aware that a Stormwater Management Plan is needed. -- The Zoning Officer, Christopher Clayton, advised the Board, that it was brought to his attention that multiple commercial vehicles were parked on property zoned Residential/Agricultural (R/A). This violates Township R/A zoning statutes, and correspondence was sent to Mr. Breiner advising that these types of vehicles are not allowed. Mr. Breiner admitted parking several trucks and construction equipment on the site in order for his neighbors to take pictures. He has since determined that was an error on his part. He noted that he owns two trucks, but only one is currently on his property. Beginning in February the second truck will be there once or twice a month for service. The other driver has made arrangements to park this truck at his residence. -- The Solicitor asked the Zoning Officer if he had the opportunity to revisit the site. Christopher Clayton commented that, since the last enforcement notice, he was unable to determine if Mr. Breiner had come into compliance with the issues that had been identified. The question is whether the resident is just parking his vehicle or operating a business from the property. - Church Hill Road Residents – 212 Church Hill Road - Brenda Foster, a nearby resident, commented that 1) There have been as many as six trailers and five tractors on site on more than one occasion, 2) If Mr. Breiner as an owner/operator has a paid employee, that’s an extension of his business 3) Other owner/operators in the area have met township requirements. It was noted that the permit for the driveway is the responsibility of the State only. The Use permit would be issued by the Township. She voiced concerns about a possible foundation for a building. Mr. Breiner indicated there was no foundation on site. -- The Solicitor asked Ms. Foster if her concerns would be addressed if the resident moves forward with the Township and doesn’t use his property for business purposes; comes to the Township for the permitting process (whether approved or denied); and develops a Stormwater Management Plan. Ms. Foster answered in the negative. Her concern is with multiple trucks on site and that he will continue to run a business on the property. Supervisor A. Santopietro commented that other residents have complied with Township requirements regarding housing of commercial vehicles, hours of operation, and contacting neighbors when considering starting a business. Supervisor Wm. Sadow compared Mr. Breiner servicing his truck to residents changing oil in their driveways. The concern of the neighbors is that this is being done in the R/A District. – It was noted that Ordinances have changed over the years and it is up to businessmen to do their due diligence when considering opening a business. It was suggested that Mr. Breiner move forward, meet with the Zoning Officer and, if need be, the Planning Commission. The Board thanked everyone who attended the meeting.
PUBLIC HEARING:Proposed Ordinance to Authorize the Participation of Nockamixon Township in the Delaware Valley Health Insurance Trust (DVHIT) – The Solicitor, J. Yeager, opened the public hearing at 8:15 P.M. He commented that, at the December Meeting, the Board authorized his office to advertise a public hearing for this ordinance which is a standard for participation in DVHIT. It is a collection of Municipal entities joined together in provision of Health Insurance. The Township needs to enact an Ordinance consistent with what has been presented and advertised. He distributed a packet to the Board and the public which included the ordinance and a D VHIT Trust Agreement, along with Exhibits A & B. A copy of the advertisement as well as Proof of Advertisement in the Intelligencer; proof of filing with the Bucks County Law Library; Certificate of Posting at the Township Building signed by the Secretary where the ordinance was available for public inspection. It is here for the Board’s consideration. A resident asked if this policy would save money. The answer was yes, there would be a saving of 8%. There are currently 71 municipalities that participate in this trust as shown on Exhibit A. The Public Hearing was closed at 8:25 P.M.A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve and authorize the participation of Nockamixon Township in the Delaware Valley Health Insurance Trust (DVHIT) – Ordinance #142. The motion carried 4-0-0.
STAFF REPORTS:
- Gas and Diesel Bid Award - The following bids were received for gas and diesel: Farm & Home Oil (diesel fuel only) Ultra Low Sulfer Diesel Fuel $ 3.131/Gal Atlantic Coast Energy Ultra Low Sulfer Diesel Fuel $ 2.85/Gal Unleaded Gas (89 Octane) 2.89/Gal Brinker’s Fuel – Bid received after deadline. The Board discussed the bids and obtaining a gas card to purchase fuel from area gasoline stations. A motion was made by A. Santopietro, seconded by Wm. Sadow, to award the Low Sulfer Diesel bid to Atlantic Coast Energy at a cost of $2.85 per gallon/fluctuating. The motion carried 4-0-0. K. DeLuca explained the gas/diesel card program to the Board. PennDOT currently has a contract with Voyager Fleet Services and, with Board approval, he will contact Voyager and fill out the necessary forms. It is a Co-Stars program through the State and the Township will pay the negotiated fuel price. Each truck will have a card. A motion was made by A. Santopietro, seconded by N. Janyszeski, to authorize the Treasurer to obtain fuel cards from Voyager Fleet Services for each Township truck for the purchase of 89 Octane gasolines. The motion carried 4-0-0.
Treasurer’s Report K. DeLuca gave the Report. -The PennDOT form MS-965, Actual Use Report of State Funds is complete and awaiting approval from the Board to be submitted electronically. -All quarterly reports have been prepared and pending approval of checks from this month’s bill list will be submitted to their designated agencies. -The one and only time the Board contributed to the PA Land Trust was in April 2009. It was paid from the General Fund. -A request for the Board to officially rename the Road Department to the Public Works Department to coincide with Pennsylvania’s chart of accounts. Prior to making any change,the Solicitor will review the Ordinances to see what might be affected. He commented that he Board could make changes for bookkeeping purposes. A motion was made by N. Janyszeski, seconded by A. Santopietro, to henceforth refer to the Road Department as Public Works for bookkeeping purposes. The motion carried 4-0-0. -A request to the Board to allow the Treasurer to explore the advantages to the Township to utilize a snow and ice pre-treatment system. K. DeLuca commented that he had looked into this pre-treatment system and there are many non-corrosive, environmentally friendly products that would save time and money. By pre-treating, the Road Crew would spend less time on the roads, and he would like to see if it is advantageous for the Township to pursue for 2012. Currently the State does not allow for payment from Liquid Fuels Funds; it would be paid from Township General Funds. It was the consensus of the Board to have K. DeLuca explore the advantages of an ice pre-treatment system. - Hutchinson, Gillahan & Freeh’s estimated for the 2010 audit is $7,500.00. -A motion was made by N. Janyszeski, seconded by C. Bahnck, to accept Hutchinson, Gillahan & Freeh for the 2010 Financial Audit, preparation of the DCED report and concise statements. Field work performed after 04/15/2011 for $7,500.00. The motion carried 4-0-0. -For the billing period of November 29 th to December 24, 2010, the Zoning Officer/Building Inspector collected $894.00 in permit fees, while billing the Township $5,450.00 for their services. -Total bills being presented tonight: General Fund $28,555.91; Fire Tax Distributions, $4,619.04; State Fund, $2,810.09; and Escrow Fund, $348.90. A motion was made by Wm. Sadow, seconded by C. Bahnck, to approve the January 19, 2011 Bill List as presented. The motion carried 4-0-0. A motion was made by C. Bahnck, seconded by Wm. Sadow, to approve the January 19, 2011 Treasurer’s Report as presented. The motion carried 4-0-0.
SOLICITOR’S REPORT: a. Meadows – Conditional Use Hearing Extension to February 28, 2011. A letter was received from the attorney for Meadows Petroleum requesting an extension for the Conditional Use Hearing to February 28, 2011. The Solicitor brought Escrow Fund checks from the applicant for the Conditional Use Hearing. A motion was made by, N. Janyszeski, seconded by A. Santopietro, to accept the extension of the Meadows Conditional Use Hearing to February 28, 2011. The motion carried 4-0-0. b. Hanson, BMC, Inc. – Petition for Review – this was submitted to the PA Supreme Court to review the Township victory at Commonwealth Court and at the Court of Common Pleas. Copies of the petition and the Township response were available to the public. c. Berger Road – Ferreira Petition to Close – The formal hearing is scheduled for the February 16, 2011 Board Meeting. There will be an advertised notice in the newspaper and notice will be sent to Berger Road residents. d . Arbor Resources Update – The Township has not participated in the Delaware River Basin Commission proceedings since Arbor withdrew its participation in September. The hearing process came to an end in December when the Commission withdrew the referral to the hearing officer who will now review the allocation of costs. Since Escrow Funds were paid by the Township for these hearings the Township should not be assessed for any additional hearing costs once our involvement ended. The Solicitor left the meeting at 8:50 P.M.
COMMITTEE ACTION ITEMS: There were no action items.
OLD BUSINESS: There was no Old Business. NEW BUSINESS:
d. Appointment ZHB Solicitor: Grim Biehn & Thatcher PC – Jonathan Reiss, Esq – Approve Hourly Rate - $150.00. A motion was made by N. Janyszeski, seconded by Wm. Sadow to approve the appointment of Grim Biehn & Thatcher PC, Jonathan Reiss, Esq as the Zoning Hearing Board Solicitor at an hourly rate of $150.00. The motion carried 4-0-0.
COMMITTEE REPORTS: a. Zoning Report – The Zoning Officer, C. Clayton left the meeting at 8:40 P.M.
A motion was made by A. Santopietro, seconded by N. Janyszeski, to adjourn the Board of Supervisors meeting at 8:55 PM. The motion carried 4-0-0.
Respectfully Submitted, Arlene E. Eichlin Recording Secretary
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