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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
July 19, 2005

The regular scheduled meeting for July was held on July 19, 2005 in the Township building in Ferndale , PA. Chairman J. Litzenberger opened the meeting at 7:45 PM with a salute to the flag. Present were Vice Chairman K. Gross and Supervisors H. Gawronski, B. Keyser and A. Santopietro. Solicitor, T.J. Walsh was present.

SCHEDULING:

The schedule for the month was referred to by Chairman, J. Litzenberger.

-J. Litzenberger commented that the Board met in Executive Session from 6:30 PM to 7:45 PM to discuss litigation and properties. He extended thanks to H. Gawronski for performing the duties of Acting Chairman at the June Board meeting. Jim read a statement from the attorney regarding settlement of the Kathleen Babb litigation. The insurance company agreed to pay $25,000; the Township $15,000 to avoid the cost of going to trial and the expenses that would ensue. The Township and individual defendants admitted no wrong doing and continue to maintain that no wrong doing was committed. The attorney has instructed the defendants not to discuss any other aspects of the case. Should this come up under public comment the Supervisors have been advised not to discuss the case.

MINUTES OF MEETING:

A motion was made by A. Santopietro, seconded by H. Gawronski, to accept the June 1, 2005 special meeting minutes as presented. The motion carried 5-0-0.

A motion was made by A. Santopietro, seconded by H. Gawronski, to accept the June 21, 2005 minutes as presented. The motion carried 3-0-2 with J. Litzenberger and K. Gross abstaining.

REQUEST TO BE ON THE AGENDA:

A. Stanley Booz, LLC – 2004 Financial Audit – Mr. Booz presented the 2004 Financial Audit to the Board. Since they did not audit the 2003 records, they have not satisfied themselves to the opening balances of January 1, 2004 . Township records do not permit adequate retroactive testing of those accounts. Because of this they cannot comment on the activity for the year. He continued with the report and advised the Board of the GASB34 requirements that have been applied to this Financial Statement.

B. Constable Lou Faso – Park Ordinance – Constable Faso requested an update of the Park Ordinance that he had proposed at the May Board Meeting. The constable is concerned with vehicles that are parked on the property after dusk. T.J. commented that the Township has no park regulations currently. Several suggestions were made including the issuance of temporary parking permits and the posting of signs. The Board can direct T.J. to provide an ordinance or have the Park & Rec Board make recommendations. A. Balogh has information concerning State Park Regulations and will provide to the Township. A motion was made by J. Litzenberger, seconded by K. Gross, to have the Park & Rec Board send their recommendations for a Park Ordinance to the Supervisors for review at the August 16, 2005 Meeting. The motion carried 5-0-0. J. Litzenberger requested that A. Balogh send the information to T.J., Park & Rec and Lou Faso. Another concern of Constable Faso’s is residents having picnics at the park. E. Gawronski commented that residents should call the Township to schedule an event which is written on the calendar. Lou will be advised of any upcoming events. The Board suggested that if someone is at the Park, to obtain their names and advise them to contact the Township Office for scheduling.

C. Ed Kemble – Driveway Issue – E. Kemble brought in pictures of his driveway after the rainstorm of the past weekend. B. Keyser was called and visited the site. It was determined that the stormwater runoff originates on the neighbor’s farm fields. K. Gross asked what was required on his driveway permit and had he complied. If so, and the problems continued the Township could then take action to rectify. E. Kemble commented that no improvements had been made. J. Litzenberger had recommendations from the Township Engineer and a copy was given to E. Kemble. Other issues under discussion included a site visit by G. Housworth with the neighbor who is reluctant to pay to correct someone else’s problem, and a pipe at the top of the hill which brings additional water into the ditch. A. Santopietro suggested that a letter be sent to the neighbor by T.J. or the Township Engineer asking him to correct the problem. If he refuses, have the Township make the repair and bill for materials.

D. BNT Groundwater Committee – Dr. Stanfield gave a presentation concerning “Sustainable Water Use Issues” which included water balance, wetlands, waste management, stormwater management and groundwater management. C.C. Hopf requested that the Board consider covering Nockamixon Township under this protective cloak of review. If a watershed is described as an exceptional value (Rapp and Beaver Run Creeks), high quality, or wild and scenic (Tohickon Creek) then the Townships can enact more restrictive withdrawals of water. This description will give Townships a legal cover. They are requesting a letter of support be sent to Rep. C. McIlhinney. A draft will be provided by the Committee prior to the August meeting. Dr. Stanfield had additional information for Township consideration. The Secretary was directed to copy for the Supervisors and Steve Baluh.

ROAD & COMMITTEE REPORTS:

A. Road Report – G. Housworth commented that the road crew is preparing the assigned roadways for tar and chip. Monday, August 8, 2005 is the tentative start date for work on Ealer Hill Road .

BID OPENING:Award Bids for Tar / Chip

Ads for the installation of approximately 70,632+/- square yards of double bituminous seal coat with E-3M ran in The Intelligencer on Friday June 24, 2005 and Friday July 1, 2005 .

Unit Price Total Price

Dosch-King Emulsions, Inc. $1.62 sq.yd. $ 114,423.84

Gorman Bros. $1.75 sq.yd. $ 123,606.00

Asphalt Industries, Inc. $2.05 sq.yd. $ 144,795.60

Asphalt Maintenance Solutions LLC No bid

A motion was made by K. Gross, seconded by A. Santopietro, to award the seal coat bid to Dosch-King Emulsions, Inc. for 70,632 plus or minus sq.yds. of the double application bituminous seal coat with E-3M at a unit price of $1.62 sq.yd., a total price of $114,423.84. Work to be completed by September 1, 2005. T.J. commented that the award will be based on the condition that upon investigation of all possible bidders they have met all the requirements and are the lowest responsible bidder. The motion carried 5-0-0.

B. Emergency Management Report – Tom Mcfarlan EOC gave his report to the Board. He thanked the Road Crew for installing the dry erase board in the meeting room, noted the completion of the phone upgrade, and gave a status report of the DSL router for the computers. The Red Cross requested the addition of a storage pod in the Township to hold supplies when an emergency occurs. The Board suggested that the pod be stored at Hidden Valley . It was the consensus of the Board to have Tom research pricing for a storage pod. Tom also requested 500 flashing key chains to pass out on Community Day at a cost of $.97/ea or $487 plus a $60 set up fee. A motion was made by K. Gross, seconded by A. Santopietro, to purchase key chains at a cost not to exceed $550.00. The motion carried 5-0-0. M. Shafer commented that the Red Cross of Philadelphia is seeking volunteers for training. A minimum of five volunteers would be required. These people would be the liaisons for the Red Cross when emergency personnel are needed for this area. Interested parties can sign-up at the Township Office.

C. EAC Report – S. Donovan commented that Patti Keyser sent a letter of interest for appointment to the EAC. A motion was made by K. Gross, seconded by A. Santopietro, to appoint Patti Keyser to the EAC. The motion carried 4-0-1 with B. Keyser abstaining. S. Donovan gave a brief update on the Bickle Landfill. No work has been started by the PADEP at this time. M. Gallagher of P-hydro suggests an official assessment be done by a certified agency at a cost of $600.00 to analyze oils; $200.00 for metals. S. Donovan will take samples from the site and send to the lab. A motion was made by K. Gross, seconded by A. Santopietro, to approve lab testing of the Bickle landfill site at a cost not to exceed $1,000.00. The motion carried 5-0-0. S. Donovan continued his report concerning plan review updates and Cabot. He requested a copy of a report done by the Oakridge Science Information & Educational Corp. written by the NRC at a cost of $25.00. Cabot had no knowledge of this report. A motion was made by J. Litzenberger, seconded by K. Gross, to purchase the NRC report at a cost not to exceed $30.00. The motion carried 5-0-0.

G. Neebe questioned when Cabot would be removing the piles of dirt from their property. P. Bent commented that Cabot had requested bids to remove the dirt. He will do further research and advise of his findings.

D. Open Space Report – E. Gawronski gave the report for Laurie Gaul. She updated the Board concerning the June 22 Open Space Forum. A letter has been received from Timothy & Katherine Throckmorton requesting appointment to the Open Space Committee. A motion was made by K. Gross, seconded by A. Santopietro, to appoint Timothy & Katherine Throckmorton to the Open Space Committee. J. Litzenberger commented that the Open Space Committee recommended their appointment. The motion carried 5-0-0.

E. Park & Rec Board – E. Gawronski commented that six members met with Paul Driscoll at Veteran’s Park on July 12, 2005 to do a walk through of the Gorham and Sibre properties, and the Revere Chemical Site.

PUBLIC COMMENT:

-H. Nast had several comments. She extended thanks to Dr. R. Stanfield and C.C. Hopf for their presentation about water concerns for the area. She commended Tom McFarlan and Emergency Management for doing a super job during the past emergencies. She would like to see monthly zoning officer reports reinstated at the Board of Supervisors meetings. After speaking with PennDOT representatives concerning the Kintner Hill and Center Hill intersection, a four-way stop is being considered. SR 32 now has a car and truck detour.

St. Luke’s church is having a Peach Festival on August 14, 2005 .

-E. McHale commented about the Kathleen Babb lawsuit.

-E. Litzenberger wanted to know the location of the Bickle Landfill and if Tinicum would be contributing to the clean-up.

-A resident requested the timeframe for the rezoning of the Revere Village from Village Center to Residential. J. Litzenberger commented that the BCPC recommended the rezoning of all the Village Center districts and they have started with Revere .

T.J. explained the rezoning ordinance procedures.

-J. Diamond commented about the driveway water problems concerning Mr. Kemble and possible solutions.

-C. Kemble voiced her concerns with regard to the parking problems at Revere Corner. G. Neebe commented that due to the lack of parking space at the Revere Mall several trucks are once again parking in the right hand turn lane to Revere Center .

SUBDIVISION:

• Prime Properties – Extension letter of November 16, 2005 – A motion was made by K. Gross, seconded by H. Gawronski, to accept the Prime Properties extension letter. However, a letter will be sent from the Township advising that another extension would not be granted unless significant progress is made on the plan. Mike Malloy, attorney for the applicant, read a list of reports that have been completed and sent to the Township after the applicant was granted the first extension. They are as follows: “Preliminary Water Resources Impact Study”, “Sewage Facilities Planning Module”, “Stormwater Infiltration Feasibility Evaluation Report”, “Wetland Report”, “Erosion and Sediment Control Report”, “Stormwater Management Report” and Environmental and Cultural Impact Assessment Report”. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.

B. Harold Subdivision – Preliminary/Final Plan Approval – There was no representative at the meeting. T.J. commented that the Planning Module has been approved by the PADEP. Recommendations have been received from the Planning Commission and the Township Engineer. T.J. recommended a motion from the Board that the Preliminary/Final approval be granted to the Harold Minor Subdivision (2-Lot) subject to the following conditions: Receipt of all permits and approvals from agencies having jurisdiction over the plan. Prior to recording the record plan: Revise plan to address the Township Engineer letter of September 28, 2004 – Grant the waivers of road frontage improvements, $3,000.00 fee in-lieu-of for one new building lot – Payment of $1,000.00 fee in-lieu-of recreation land for one new building lot – BCDH and PADEP approval for Lot #2 - NPDES approval prior to start of construction - All reasonable fees and costs paid to the Township – Enter into a Land Development/Financial Security Agreement with the Township – Grant waivers that were requested. Simultaneously with recording of the record plan: Deed of easement for the ultimate right-of-way along Meginnes and Haycock Run Road . K. Gross entertained that as his motion, seconded by H. Gawronski.

The motion carried 5-0-0.

C. McNichol Subdivision – Acceptance of Completion of the Project –

A motion was made by K. Gross, seconded by H. Gawronski, for the McNichol Subdivision for the acceptance of completion of the project based on the C. Robert Wynn Assoc letter dated July 8, 2005 . The motion carried 5-0-0.

D. Crotts Minor Subdivision – Acceptance of Completion of the Project –

A motion was made by K. Gross, seconded by H. Gawronski, for the acceptance of completion of the project for the Crotts Minor Subdivision based on the C. Robert Wynn Assoc letter of July 8, 2005 . The motion carried 5-0-0.

LAND DEVELOPMENT:

A. David & Tammy Smith Land Development – Acceptance of Completion of the Maintenance Period –

A motion was made by K. Gross, seconded by A. Santopietro, for the acceptance of completion of the maintenance period for the David & Tammy Smith Land Development based on the C. Robert Wynn Assoc letter of May 20, 2005. A letter of credit No. 84-A issued by First Savings Bank of Perkasie in the amount of $18,339.00 was issued as financial security for future road improvements to be completed along Brownstone Road and must remain in affect. The motion carried 5-0-0.

RELEASE OF ESCROW:

A. David A. Smith Land Development – Voucher #2 - $3,734.68.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to release the David A. Smith Land Development - Voucher #2 - $3,734.68. The motion carried 5-0-0.

B. Louis McNichol – Release of Voucher #3 - $3,232.12 and cash escrow after final bills.

A motion was made by K. Gross, seconded by H. Gawronski, to release the Louis McNichol - Voucher #3 for $3, 232.12 and cash escrow after final bills are paid. The motion carried 5-0-0.

C. George & Karen Crotts – Release of Cash escrow after final bills –

A motion was made by K. Gross, seconded by H. Gawronski, to release the George & Karen Crotts cash escrow after final bills are paid. The motion carried 5-0-0.

D. Albert Funke – Voucher #9 - $1,000.00 –

A motion was made by K. Gross, seconded by H. Gawronski, to release the Albert Funke – Voucher #9 for $1,000.00. B. Keyser asked if there had been any response from the residents. T.J. commented that all three had responded and work will be completed where necessary. The motion carried 5-0-0.

OLD BUSINESS:

A. 412/563 Traffic Light – J. Litzenberger commented that an accident had occurred recently at this intersection and he asked T.J. for an update of the appraisals. T.J. spoke with the appraiser and it will be available sometime during the first two weeks of August.

B. Martin Focazio – Nockamixon .com domain – J. Litzenberger referred to the Focazio letter requesting the trade of the domain name to the Township for a large antenna on the property. A motion was made by K. Gross, seconded by A. Santopietro, to give Mr. Focazio the large surplus antenna tower in exchange for the Nockamixon .com domain name. J. Litzenberger advised residents that nockamixontownship.org is up and running. The motion carried 5-0-0.

NEW BUSINESS:

A. Palisades School District – School Zone Speed Limit Signs at Durham Nockamixon Elementary School – D. Keppel is requesting a flashing school zone speed limit sign on School Drive and Thomas Free Drive for the Durham- Nockamixon elementary school. A 25 mph speed limit sign is currently posted on the road. Mr. & Mrs. Andre, who reside on School Drive , brought this to the attention of the school. They also advised that the Pennsylvania State Police (PSP) can use their driveway to deter speeders. T.J. commented that the following would be required before a sign could be installed: traffic study by the engineer, approval from PennDOT, and definition of school zone limits. The Board asked if the School District would share the cost. T.J. advised the Board that they were under no obligation to do the traffic study. T.J. Walsh recommended that the Board of Supervisors authorize the Township Engineer to do a school zone traffic study for Durham- Nockamixon and have Mr. Keppel seek reimbursement from the School District for some of the cost. K. Gross entertained that as his motion, seconded by H. Gawronski. The motion carried 5-0-0. H. Gawronski will contact the PSP and have them patrol School Drive .

B. Arbor Resources – Proposed Gas & Oil Lease Agreement – D. Schriml, Land Agent for Arbor Resources a gas and energy company, discussed the proposed lease for the Township. The lease he is presenting is a non-operational lease – they can never enter upon the land of the Township and conduct operations. They can produce the gas under the property. When asked where Arbor has gas wells in operation, he commented that they are in several western and mid-western states. We can contact Andrea Sullivan, Dept of Environmental Quality, 989-705-3418 with any questions. Company information can be obtained at their web-site, arbor-resources.com. The discussion continued with a short question and answer period. He will be attending the Planning Commission meeting on August 2, 2005 .

C. Department of Corrections – Available work for Community Service – It was the consensus of the Board that the Secretary talks with the Road Department to see if there is any work available.

D. Ordinance 112 – Establishing special setbacks for regulated storage tanks containing hazardous substances. K. Gross commented that the Board is considering amending the ordinance to be in compliance with the EPA. T.J. added if you would prefer having a certain type of tank that should be addressed in the ordinance. You may want every tank to be considered an above ground tank or, an above ground tank is something that can be defined as something below the surface of the earth but within a room (a sealed facility) that can be accessed for inspections. The ordinance can be worded as to what type of tank the Township wants retailers to install. Another issue was the distance of the installation of an above ground tank from a watercourse. After a lengthy discussion, it was the consensus of the Board to authorize TJ to revise the language of the Ordinance to include vaulted systems.

E. Building Maintenance – H. Gawronski commented that the flat roof over the garage area of the building had been recoated with tar about 7-8 years ago and it should be recoated. Cost $800-1,000. Sign on front of building should be refurbished as well as at Veteran’s Park with a coat of urethane. He will have information faxed to the Township to present at the next meeting. H. Gawronski also noted that water has come through the pipe on the roof and seeped into the ceiling of the second story room. This has been addressed.

SOLICITOR’S REPORT:

A. Non-uniform Pension Plan - Ordinance Amendment – T.J. Walsh commented that he needed authorization from the Board of Supervisor to advertise a public hearing for August 16, 2005. This ordinance will ban any future part-time employees who work less than 35 hours/week from becoming members of the pension plan. A motion was made by K. Gross, seconded by H. Gawronski, to authorize the Solicitor to advertise the Non-uniform Pension Plan Ordinance Amendment for a public hearing on August 16, 2005. The motion carried 5-0-0.

C. Secretary/Treasurer’s Report

The State Liquid Fuels audit was done on June 27, 2005 as reported last month. There was one finding that the Township is disputing. We spent $598.21 in State Funding for 2A Modified. She advised the State Auditor that we did not receive notification from our State Representative of the inability to use 2A Modified until after the expenditure was made. We will be receiving a report from the Auditor General’s office with this finding. At that time we will find out if we need to transfer the funding back into the Liquid Fuels Account.

After reviewing with the Auditor General’s Office for the non-uniform pension plan, we were notified that the $594.00 State Grant in 2002 was not transferred into the pension and this needs to be done when their final review has been submitted. This was addressed with the auditor at the time of the audit, however he stated that this transfer was done and no other action was needed. This expenditure will be on the bill list once the final audit review is submitted to the Township.

All quarterly payroll filings were prepared and mailed on time.

The completion report for the DCED grant for Ealer Hill was completed and mailed on June 22, 2005 .

Bucks County Planning Commission is holding a meeting on August 3 rd, regarding the Transportation Enhancement Program. She is requesting permission from the Board to attend this meeting to see if this funding is applicable to any future projects.

To date we received $955.00 in donations for Community Day and $315.00 for exhibitor spaces.

Please visit our website www.nockamixontownship.org. We will try to update the information as quickly as possible.

Aside from the present bill list she requested permission from the Board to pay for the legal services from Stradley, Ronon, Stevens and Young, LLP for three bills totaling $5,945.80 making the total for legal services for this litigation $23,144.10. A motion was made by K. Gross, seconded by H. Gawronski, to pay $5,945.80 to Stradley, Ronon, Stevens and Young, LLP. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.

She also requested Board approval to transfer $25,000.00 from the High Yield Account to the General Checking Account. A motion was made by H. Gawronski, seconded by K. Gross, to transfer $25,000.00 from the High Yield Account to the General Checking Account. The motion carried 5-0-0.

She requested permission to issue a check for $15,000.00 to pay for the Kathleen Babb litigation. T.J. commented it is to authorize an expenditure of funds and should be in the minutes. A motion was made by J. Litzenberger, seconded by A. Santopietro, to pay $15,000.00 as outlined by Attorney A. Sherr. The motion carried 3-2-0 with H. Gawronski and K. Gross voting nay.

Prepared and copied to the Board is the June 30 budget review. In the General Fund, we have received 66% of projected revenues and spent 27% of projected expenditures. Attached to this report is a General Fund Profit and Loss Statement as of June 30, 2005 – net income is $93,827.10 in the General Fund.

Bills are being presented in the General Fund in the amount of $42,707.41 and $7,206.50 in the Escrow Fund. We have $11,248.55 left in the checking account after payment of bills.

A motion was made by K. Gross, seconded by H. Gawronski, to pay the bills as presented. J. Litzenberger commented that check #7614 for $3,999.00 was paid to Frenchy’s out of meeting. The motion carried 5-0-0. 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.

ADJOURNMENT:

A motion was made by H. Gawronski, seconded by K. Gross, to adjourn the Board of Supervisors meeting at 11:45 PM .

Respectfully submitted,

Arlene Eichlin

Recording Secretary