SCHEDULING:
The schedule for the month was read by Chairman, J. Litzenberger.

MINUTES OF MEETING:
A motion was made by A. Santopietro, seconded by H. Gawronski, to approve the March 15, 2005 minutes as presented. The motion carried 4-0-0.

REQUEST TO BE ON THE AGENDA:
A. Mr. Martin von Dyck – 2nd Annual Nockamixon Community Day – Brought the Supervisors up to date regarding the 2nd Annual Nockamixon Community Day to be held on September 24, 2005 from 11:00 AM to 5:00 PM, Rain or Shine. He had two contracts that needed to be executed. The first was for the Johnston Band for $700.00. The second for food to be provided by Kasey Lynn’s. It was $500 less than last year. They will provide 1,500 hamburgers, 1,500 hot dogs, and ice cream for 500. In addition they will supply six tables and 30 chairs. A motion was made by A. Santopietro, seconded by B. Keyser, to sign the contract of $700.00 for the Johnston Band. The motion carried 4-0-0. A motion was made by H. Gawronski, seconded by B. Keyser, to expend $3,000.00 for food, ice cream and condiments to Kasey Lynn’s Catering. The motion carried 4-0-0. The Board has budgeted $10,000 for this event.

B. Ms. Allison Ferrieria – Vacating Berger Road – Jose Ferrieria presented his case for the vacating or repairs to Berger Road which is closed from October to April. He explained that the road should be closed for the following reasons: the safety factor, environmental hazard, the $1,500 in cost savings for road repair. Scott Mease, the engineer for the resident, presented a short explanation of the problems with the roadway. The Board suggested that this be tabled and placed on next month’s Board meeting under Old Business. Emergency Services should be contacted. E. Litzenberger suggested ‘no parking’ signs at the 412 entrance to Berger Road. At least 4-5 cars park on the roadway. The Township Secretary is to notify Springfield Township Board of Supervisors and the Police Department of the parking problems.

PUBLIC HEARING:
AG Security District – Resolution 4-21-2005 – T. J. Walsh commented that there has been a proposal to add more acreage to the AG Security District. The Board needs to adopt a resolution which would add the proposal with modifications. The Stanzione property will be removed from the original proposal and the resolution has been revised to include that request. A motion was made by H. Gawronski, seconded by A. Santopietro, to adopt Resolution #4-21-2005 for the AG Security District. T.J. commented that being in this district does not change the zoning or use of anyone’s property. It affords the landowner protection for agricultural use. The motion carried 4-0-0.

Palisades School District–Conditional Use Hearing, TMP# 30—4-071 – At 8:05 PM T.J. Walsh opened the Conditional Use Hearing for the Palisades School District. A Court Stenographer recorded the hearing. It is an application to construct a 2800 sq.ft. building to house the Cybersonics Team work space. It will be located on the Northeast corner of an existing building. T.J. Walsh read exhibits T-1 through T-10 into the minutes, Mr. William Benner, attorney for the applicant, introduced Mr. David Keppel, Facilities Manager for Palisades School District and Mr. Scott McMackin a Project Engineer employed by Cowan & Associates, Inc. who were sworn in before giving testimony. Mr. Keppel gave testimony regarding the reason for the installation of the new building. Mr. Benner marked as applicant exhibit 1A1 a letter from Pete Terry of Benchmark Engineering anticipating the final resolutions of stormwater issues that had arisen and the right-of-way plan approval within the next several weeks. H. Gawronski questioned when the start date is for road improvements - It was noted the timeframe for both the building and the road improvements would begin 6/20/05 and be completed by 8/26/05. J. Litzenberger asked when a response would be forthcoming from PennDOT for the turning lane - The letter of 4/20/05 from Benchmark stated that the Highway Occupancy Permit (HOP) would be issued in the next several weeks. B. Keyser wanted to know when the School District applied for their permit - approximately September 2002. The Board commented on the lack of communication between the School District and the Township concerning the roadway. A. Santopietro commented that the PC directed the building can not be started until the road work is completed. However, when PennDOT approval is received then building can commence. The Board suggested that if the School District needs any assistance in obtaining their HOP they come to the Township. Mr. McMackin gave testimony concerning the land development plan of June 2002 and any additional impact the building may have. H. Gawronski wanted to know if a fire suppression system is required due to the electronic equipment that will be inside – there will be fire detection systems in the building but no fire suppression systems in this building. T.J. Walsh added two Board exhibits T-11 and T-12 to the record. Resident comments were as follows, Joanne Allen believes the School Board has been cooperative and is being held up by PennDOT. Spoke highly of the Cybersonics Team. Marsha Moyer had concerns with regard to cost overruns and are there other options other than one building to be used only five months of the year. Scott Mease requested the cost of this building - $169,100. Skip Shick agreed with the Board’s decision with regard to holding the building permit. He also discussed the PennDOT HOP. E. McHale commented that ST. John’s Church obtained their permit in 2002 the same time the School Dist. began their project. B. Sadow, Planning Commission Member, commented that conditions on a permit have to be met. The BOS and PC have offered to assist them in obtaining their road permit. The Board questioned Mr. Keppel and Mr. McMackin if the Township had hindered in any way their moving forward with their previous project. The answer was negative. T.J. Walsh commented if the Board is of a mind to approve the Conditional Use tonight it would be made subject to the following conditions: That the proposed school expansion use would be conducted on the property strictly in accordance with the representations of the applicant and its witnesses set forth in the application and all the exhibits and evidence presented tonight. Any improvements, specifically the Cybersonics addition, would be shown on the plan which is exhibit T-2. No building permit would be issued for construction of the Cybersonics addition until a PennDOT HOP is received by the School District for the Rte 412 improvements that are specifically called for in the 2002 decisions for Conditional Use. No occupancy permit would be issued, temporary or final, for the Cybersonics addition until the HOP improvements are substantially completed to the satisfaction of the Township Engineer, C. Robert Wynn Associates. Those would be the conditions T.J. would recommend. H. Gawronski entertained that as his motion, seconded by A. Santopietro. The motion carried 4-0-1 with K. Gross abstaining because he was not present for entire meeting. T.J. Walsh concluded the hearing at 9:30 PM.

ROAD & COMMITTEE REPORTS:
A. Road Report - A motion was made by A. Santopietro, seconded by K. Gross, to accept the March Road Report as presented. The motion carried 4-0-0. H. Gawronski was out of the meeting room.

B. Emergency Management Report – J. Litzenberger thanked the EMA members for a job well done during the emergencies that had occurred in the Township. T. MacFarlan read the report which encompassed January thru April, 2005.

C. EAC Report – Alana Balogh read the EAC report to the Board. Another site visit is scheduled for Cabot. The next seminar with Mike Aucott will be on May 11, 2005 and is open to the public. Meeting place to be determined. Ten American Chestnut trees will be planted in the near future. Steve Donovan presented slides showing the Bickel Land Fill (1960’s) and the effect it is having on both the neighboring properties and the Diamond property. He recommended that the BOS hire an environmental consultant and that the Township Engineer meet with the Supervisor of the Waste Department of the PADEP and the engineer who is trying to stabilize the land fill. Mr. Diamond commented that he has spoken with the PADEP and has acquired a $500M grant from them. Dr. Stanfield, representing Tinicum Township, voiced his concerns about the land fill and possible health problems. A motion was made by K. Gross, seconded by A. Santopietro, to hire Mark Gallagher from Princeton-Hydro as the environmental consultant to work directly with Bruce Keyser, the EAC Liaison. A resident questioned the amount of acreage involved. Mr. Diamond explained the area is about 150’ wide and there was a dam approximately 35-40’ high. The motion carried 5-0-0. The Board suggested that the EAC contact Tinicum Township so they are aware of this problem.

D. Open Space Report – Lori Gaul commented that forty-eight letters were sent to residents regarding Open Space. Twenty-one landowners have responded, and only five are not interested.

PUBLIC COMMENT:
-Mr. Michael Malloy of Eastburn & Gray, representing William Glazier, requested that the Board rescind their March 15, 2005 denial of the preliminary subdivision and land application for 119 Center Hill Road and grant an extension to the applicant. The Board did not comment at this time.
-Lori Gaul asked about the status of the Nockamixon Newsletter. It was noted that several more advertisers are still needed. The Secretary was directed to call the editor and request an update.

SUBDIVISIONS:
A. Steven Maloney Sewage Planning Module Approval – T.J. Walsh commented that an in-law suite is being added to one of the houses in the Lake Warren Subdivision. This requires a planning module revision and a resolution. In addition an Operation & Maintenance agreement will be needed. A motion was made by K. Gross, seconded by H. Gawronski, to approve the Sewage Facilities Planning Module for the Lake Warren Subdivision, Lot #1 – Steven Maloney and to adopt Resolution #4-21-2005A. The motion carried 5-0-0.

B. Mease Engineering Moyer Subdivision 30-13-130 & 130-2 Final Plan – Scott Mease of Mease Engineering and Wayne Moyer were at the meeting. No action was taken by the Board. The NPDES permit has not been received by the Township.

C. Schlosser & Clauss – Prime Properties requesting extension to Aug 1, 2005 – Mr. Michael Malloy of Eastburn & Grey represented Prime Properties TMP# 30-14-10-2. He presented a letter to the Board from Schlosser & Clauss advising the work that has been done on the plan. A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to Park View Estates Preliminary Subdivision Plan, Foellner Lane & Fink Drive, TMP# 30-14-10-2 through August 1, 2005. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay. T.J. commented that the Board should create a framework for an extension policy for subdivision plans. The Board will take under advisement.

LAND DEVELOPMENT:
A. Urwiler & Walter – Wehrung 120 day from April 22, 2005 extension request.
A motion was made by K. Gross, seconded by H. Gawronski, to grant a 120 day extension to August 22, 2005 for The Wehrung Group, TMP# 30-10-35. The motion carried 5-0-0.

RELEASE OF ESCROWS:
A. Harrow Station LLC Voucher No. 3 $12,015.00
A motion was made by J. Litzenberger, seconded by K. Gross, to release the escrow for Harrow Station LLC - Voucher No. 3 - $12,015.00. The motion carried 5-0-0. T.J. Walsh commented that the Conditional Use Application has been filed for storage tank use at Harrow Station. The Conditional Use Hearing will be advertised.

OLD BUSINESS:
A. 412 & 563 Traffic Light – A. Santopietro commented that he will be attending a meeting with J. Litzenberger and S. Baluh at PennDOT on April 28, 2005 in King of Prussia. Scott Freeman has been invited to attend.

B. Medical Third Party Administration – The Upper Bucks Chamber of Commerce is changing Medical Third Party Administrators as of July 1, 2005. A motion was made by H. Gawronski, seconded by K. Gross, to accept the Medical Third Party Administrators of the Upper Bucks Chamber. The motion carried 5-0-0.

C. Cleaning Service – A motion was made by K. Gross, seconded by H. Gawronski, to hire Merry Maid services on a bi-weekly basis at a cost of $76.42. Under discussion, several other cleaning services were contacted. There was no response or they carried no liability insurance. The motion carried 5-0-0.

D. Recreation Plan Bid Awarding – The following bids were received for the Recreation Plan:
Urban Research & Development Corporation
1. All tasks described in the accompanying Proposed Scope of Services
$24,800.00
2. All tasks described in the accompanying Proposed Scope of Services,
except the Public Survey $22,400.00

F.X. Browne, Inc.
Proposal for Nockamixon Township Park and Recreation Plan
$25,545.00
A motion was made by H. Gawronski, seconded by K. Gross, to accept the bid from Urban Research & Development Corporation for $22,400.00, based on Steve Baluh’s recommendation. A. Santopietro commented that it was suggested by Steve Baluh that the Rec plan include alternative sites. H. Gawronski amended his motion, seconded by K. Gross, subject to approval by DCED. The motion carried 5-0-0.

E. Highway Tractor Purchase Resolution 4-21-2005B – A motion was made by K. Gross, seconded by H. Gawronski, to adopt Resolution #4-21-2005B to amend (increase) the Township State balance by $64,000 to allocate to 2005 the purchase of capital highway equipment budgeted in 2004 which did not occur. The motion carried 5-0-0. A motion was made by K. Gross, seconded by H. Gawronski, to adopt Resolution #4-21-2005C amending the budget for approved expenditures of $9,999.99 from the Recreation Account for the purchase of Capital Equipment. Beginning Budget balance for Park Capital Expenditures is amended to $24,000.00 from $12,000.00 for the year 2005. The motion carried 5-0-0.

F. Website Construction Letter of Agreement – J. Litzenberger commented that before the service can begin a signed letter of agreement and a check for $500.00 will be forwarded to the Web Designer. A motion was made by H. Gawronski, seconded by A. Santopietro, to sign the letter of agreement and forward a check for $500.00 to the Web Designer. The motion carried 5-0-0.

NEW BUSINESS:
A. Benedict/Asplundh Review (Plan Sept 24 2002) – A lot line change was made between Matthew Benedict and Asplundh several years ago and controlled fills were done on the property. Since that time an Ordinance has been enacted by the Township. This will not affect his property, since the fills predate the ordinance.

B. Girl Scout Congratulatory Citation – Kieselbach – J. Litzenberger commented that the Board will sign the citation to be given to Rebecca Kieselbach who completed her Gold Badge, the highest award for Girl Scouts.

C. 2005-2006 Road Aggregate/Material Bids Advertising – A motion was made by A. Santopietro, seconded by K. Gross, to advertise for the 2005 Bid FOB Road Aggregates. Cathy confirmed with the Road Foreman the amount of road materials needed. This will be advertised April 29, 2005 and May 7, 2005.
The motion carried 5-0-0.

D. Parks & Recreation – Tractor Driver List Approval – K. Gross read the following list of approved personnel to drive the tractor at Veterans Park: Tom Keebler, Tim Hendricks, Gary Hollander, Phil Slawter and John Barr along with Township employees and Township Supervisors. A motion was made by H. Gawronski, seconded by K. Gross, to accept the list of drivers for the tractor. A resident inquired who is responsible for the maintenance of this tractor. Township property is maintained by the Township. The motion carried 5-0-0.

E. Parks & Recreation – Member Appointment – There was an information only e-mail given to the Board with regard to Steve Harrington. He has not resigned. The Board also discussed the dugouts that were built at Veteran’s Field. Tom Keebler along with Mike Schmerbeck and his employees completed the work. This $7,500 project was completed at no cost to the Township.

F. Frogtown Road signage – Mrs. Barbara Berger requested that “Slow - 25 MPH” signs be installed on Frogtown to slow traffic. A copy of the letter will be forwarded to Steve Baluh for his comments.

H. Gawronski reported to the Board with regard to the PSATS Convention.

J. Litzenberger commented that Todd Stone requested he remind residents of the $625 million bond issue that is on the May 17, 2005 ballot.

Solicitor’s Report – T.J. Walsh had nothing to report. He asked that the Board consider an Executive Session to discuss litigation after the meeting.

Secretary/Treasurer’s Report – Cathy Gorman requested permission from the Board to transfer $19,579.99 from the Recreation Savings account to the General Fund account for the purchase of the Backstops and the tractor. This will leave a balance of $8,533.96 in the Rec Fund Savings Account. It was the consensus of the Board to transfer the funds.

The payroll quarterly tax filings have been submitted.

The DCED report was mailed to the appropriate agencies on April 12, 2005 the concise statement was advertised today. The Financial Report is not completed yet. Stanley Booz, LLC will forward this documentation for Board review.

She advised the insurance company of the copier and tractor purchases.

Requested the Board’s permission to advertise the time change for the Recreation Board meetings for the months of May, June, July and August to be 8:00 PM from 7:00 PM. The meeting change will be advertised for next month.

The Area Agency on Aging Summit is on May 25, 2005. Bucks County is requesting delegates from Municipalities attend. The Board may want to send a delegate to represent the Township. H. Gawronski commented that four Senior Citizens will be attending.

$300.00 has been received to date for Clean-Up Day, along with several food donations made by local businesses. Arlene and Cathy would like to thank all the volunteers and all individuals who have sent donations.

Commissioner James Cawley will be available to meet with constituents alternating Thursday afternoons starting April 7 from 1:30 to 4:30 at the Government Services Center in Quakertown.

To date the Township spent $17,198.30 for special counsel. Cathy requested permission to pay $2,719.52 differing separately from the bill list.

Prepared and copied to the Board is the March 31 budget review. In the General Fund, we have received 30% of projected revenues and have spent 11% of projected expenditures. Attached to this report is a General Fund Profit and Loss Statement as of March 31, 2005 – net income is $56,168.20 in the General Fund.

Bills are being presented in the General Fund in the amount of $51,227.62, $6,744.65 in the Escrow Fund, and $3,805.98 in the State Fund. We have $19,269.97 left in the checking account after payment of bills and transfer postings from Recreation Savings. A motion was made by K. Gross, seconded by H. Gawronski, to accept the Secretary/Treasurer’s Report as presented. The motion carried 5-0-0.
A motion was made by K. Gross, seconded by H. Gawronski, to pay the $2,719.52 to Stradley, Ronon, Stevens & Young, special counsel. The motion carried 3-2-0 with A. Santopietro and B. Keyser voting nay.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the April 21, 2005 bill list as presented. The motion carried 5-0-0.

At 11:15 PM J. Litzenberger commented that the Board would adjourn into Executive Session to discuss litigation and real estate.

ADJOURNMENT:
A motion was made by A. Santopietro, seconded by K. Gross, to adjourn the Board of Supervisors meeting at 11:15 PM. The motion carried 5-0-0.

Respectfully submitted,