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YOU NEED A PERMIT IN NOCKAMIXON

Minutes of Nockamixon Township
Board of Supervisors
October 18, 2005

Minutes of Nockamixon Township The regular scheduled meeting for October was held on October 18, 2005 in the Township building in Ferndale , PA. Chairman J. Litzenberger opened the meeting at 7:35 PM with a salute to the flag. Present were Supervisors H. Gawronski, B. Keyser and A. Santopietro. Vice Chairman K. Gross arrived at 8:55 PM. Solicitor T.J. Walsh was also present.

J. Litzenberger commented that the Board met in Executive Session from 7:15–7:30 PM to discuss threatened litigation.

SCHEDULING:

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

 MINUTES OF MEETING:

A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the September 20, 2005 meeting minutes as presented. The motion carried 4-0-0

 REQUEST TO BE ON THE AGENDA:

• Todd Stone – Gallows Run Restoration and Protection Plan – T. Stone, President of the Gallows Run Water Shed Assoc., presented the Board with copies of the Gallows Run Restoration and Protection Plan. The next meeting of the GRWA is Thursday October 20, 2005 at the Great American Grill. They are seeking volunteers to assist in their projects. A GIS program is available and arrangements can be made to have a presentation for the Township.

 B. Ed Kemble – Installation of Drainage Pipe – E. Kemble requested an update regarding the installation of pipe in his driveway. The Board discussed their concerns with this project including the fibre-optic cable located in the ditch. G. Housworth was directed by the Board to obtain pricing for the pipe and contact the company that owns the cable and advise them of the pipe installation. E. Kemble will also obtain pricing for pipe. It was noted that the neighbor, Mr. Gottlieb, should be contacted with regard to this situation. A motion was made by J. Litzenberger, seconded by H. Gawronski, to have the Secretary send a letter to Mr. Gottlieb advising that pipe will be installed under his driveway and E. Kemble will pay for the pipe for both driveways. G. Housworth will obtain pricing for pipe and call the cable company regarding the fibre-optic cable.The motion carried 4-0-0.

C. Martin von Dyck – Nockamixon Community Day 2005 – M. von Dyck, acting Chairman of Nockamixon Community Day, presented his final report to the Board. The weather cooperated and 2,000 - 2,500 people attended. That is double the attendance of last year. He thanked the participating local agencies, the Committee, the volunteers and especially the Board of Supervisors for their generosity in underwriting the event. J. Hall presented a plaque signed by the Committee to the Board for their support. Of the $10,000.00 budgeted for this event, the Committee spent $10,986.06 but returned to the fund through donations and fees from participants $5,935.00. In addition H. Gawronski secured an additional $600 which was earmarked for material and supplies. The actual out-of-pocket expense to the Township was $4,051.06. The Third Annual Nockamixon Community Day is scheduled for September 23, 2006 and Martin asked if the Board would again be willing to budget $10,000 for the event. H. Gawronski requested that the Board set aside $1,000 for the purchase of a used 40’x20’ tent to be used in the Children’s area. M. von Dyck commented that due to personal reasons he will be unable to Chair the 2006 Community Day and requested the Board seek a new Chairman. J. Litzenberger, on behalf of the Board and Community, thanked him for his professionalism and enthusiasm in chairing Community Day for the past two years. H. Nast asked the Board to consider approaching local businesses when seeking prizes and/or donations. E. Gawronski commented that no Township funds were used to purchase door prizes.

ROAD & COMMITTEE REPORTS:

A. Road Report - H. Gawronski commended the Road Department for a job well done. He also suggested sweeping debris off the roads before the weather changes. A. Santopietro commented that tar and chip has been postponed until Spring 2006. Considering the amount of repairs needed on the roadways, the Road Department has done a good job. A motion was made by A. Santopietro, seconded by H. Gawronski, to approve the September 2005 road report as presented. The motion carried 4-0-0.

Bridgeton Township made an offer in the amount of $2,500.00 to purchase the Allis Chalmers and Flail mower. H. Gawronski voiced his concerns about the sale of this tractor and mower and believes the full Board should be present for this vote. It was noted by T.J. that a quorum is needed. A motion was made by B. Keyser, seconded by A. Santopietro, to sell the 6140 Allis Chalmers tractor with the LR13 Bumford Flail Mower to Bridgeton Township for $2,500.00. The motion carried 3-1-0 with H. Gawronski voting nay. G. Housworth commented that J. Crooke has been contacted and is willing to cut and bail the mound at the Revere Chemical Site at no charge to the Township. It was the general consensus of the Board to hire J. Crooke to maintain the Revere Site. There was confusion as to the number of times this area is to be mowed. C. Gorman was directed by the Board to confirm the number of cuttings required in the agreement. J. Litzenberger requested that a Certificate of Liability be obtained from the contractor.

C. Gorman commented that bids will be needed for dirt and gravel road work on Tabor Road . A motion was made by H. Gawronski, seconded by A. Santopietro, to authorize advertising for bids for dirt and gravel road maintenance on Tabor Road . Under discussion, it was noted that funding can be acquired from B.C.C.D. T.J. commented that S. Baluh has been contacted and he is working on the bid specs. All work must be completed by December 31, 2005 . The motion carried 4-0-0.

B. Emergency Management Report – No report – no representative at the meeting. C. Gorman requested permissionfrom the Board to advertise an Emergency Management Meeting for area EMC’s on Monday November 14, 2005 at 7:30 PM . She further commented that a request was made to change the meeting of the Park & Rec Board to Wednesday November 2, 2005 at 7:30 PM. Their regular meeting date is Tuesday November 8, Election Day. A motion was made by J.Litzenberger, seconded by A. Santopietro, to authorize the Secretary to advertise for the Emergency Management meeting on November 14, 2005 at 7:30 PM . Also, to change the Park & Rec Board meeting to Wednesday November 2, 2005 at 7:30 PM. The motion carried 4-0-0.

 C. EAC Report – J. Peterson presented the EAC report to the Board. A draft of the proposed Groundwater Ordinance has been submitted to the Planners for their review. They are continuing to review the Sal Lapio, Gartner and Prime Properties subdivision plans. A contaminant analysis report has been received by S. Donovan regarding the Bickle landfill. A copy will be forwarded to the Board.

D. Open Space Report – A. Lyons, co-chair of the Open Space Committee (OSC) asked if Angela Bell had been appointed.J. Litzenberger commented that a letter of recommendation has been received from the OSC. A motion was made by J. Litzenberger, seconded by H. Gawronski, to appoint Angela Bell to the OSC. The motion carried 4-0-0. A. Lyons thanked the Board for their appointment. She advised the Board of the current agenda for the Committee. K. Throckmorton commented that area municipalities have obtained grants and pooled resources in order to plan the Stephen Small Workshop scheduled for November 2 & 3 at the Plumsteadville Inn. A. Lyons requested that a line item be added to the 2006 Budget regarding Conservation Easements. T. Throckmorton explained the concept of the “Guidelines for Acquisition of Conservation Easements with Township Open Space Funds” and is seeking approval of these guidelines from the Board. J. Litzenberger clarified requirements of the guidelines. Nockamixon Township is prepared to offer between 15% and 50% of the appraised value to purchase a conservation easement with Township Open Space Funding. This will also allow Township matched funding from other sources including Conservancies, and that Steps 8 through 12 calls for two required appraisals. Landowner pays for one, Township pays for second with appraisal values within 15% of each other.T.J. explained that these are only guidelines and can be adjusted as needed. A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept the Guidelines for Acquisition of Conservation Easements with Township Open Space Funds dated September 30, 2005 as presented. The motion carried 4-0-0.

 E. Park & Rec Board – E. Gawronski gave the Park & Rec report. She commented that a consensus was reached to recommend to the BOS requesting a fee in-lieu-of for the Sal Lapio Subdivision and requests land from Prime Properties. The guideline used was six acres or more. M. Passerini will try to obtain a rough estimate of cost for a deceleration lane and road to the Sibre property to gain access to the Gorham Property. A request was made for Elaine to obtain a copy of ‘Request for Proposals’ so the Rec Board is aware of what the Township requested with the Rec Plan. There has been some confusion; need to know Mr. Driscoll’s obligation to the Board. The Rec Board also considered razing the house and barn on the Gorham property, no consensus was reached. B. Hansen wanted to know if other properties have been considered for a Township Park . E. Gawronski explained that Township Property is considered first, if none is appropriate then seek other lands. A. Santopietro suggested that the OSC come forward when large parcels of property become available. There is grant money available to procure these properties.

PUBLIC COMMENT:

-H. Nast commented that the 4-way stop signs have been installed at the Kintner Hill/Center Hill intersection. It was the general consensus of the Board to have the Secretary send a letter to PennDOT expressing thanks for their expediency in setting up the signs.

-G. Neebe questioned what was happening with the road improvements at the High School. The Cybersonics building behind the school is almost complete. S. Baluh will be contacted.

-M. Geehring expressed his concerns with regard to the cease and desist order he received from the Township. He was unaware that a building permit was required and advised by the Zoning Officer that the fees would be doubled. When the building inspector called with fees over $900.00, he asked for an explanation. Had a bad experience, wants to make everyone aware and feels the Twp. needs to have a better way of communicating with residents. If the Board directs him he will pay the fees. P. Bent commented that Mr. Geehring had started construction of his building before obtaining his permit and explained why fees were doubled. K. Gross questioned T.J. if the Board has the authority to waive the doubled fees for a permit. A motion was made by K. Gross, seconded by A. Santopietro, to waive the late penalty fee on the building permit only, the zoning permit will remain the same. A. Santopietro commented that if additional hours are needed by the zoning officer or building inspector to issue paperwork in a more timely fashion, they should increase as needed. The motion carried 5-0-0.

-B. Erhardt wanted to know why it was taking three weeks for a neighbor to get his driveway permit. P. Bent explained the steps to be taken when a permit application is received. He requested the name of the resident seeking the driveway permit in order to address these concerns.

-E. Nilson commented that she has contacted other townships with regard to the permit fees charged for a shed and Nockamixon is in line with those who have responded.

SUBDIVISIONS:

• St. Luke’s Evangelical Lutheran Church Lot Line Adjustment Subdivision –

The Planning Commission at their October 4, 2005 meeting approved the lot line adjustment with the condition that all outstanding issues are addressed before presenting to the Board. E. Pellegrino reviewed the Wynn Associates Review letter of September 26, 2005 with the Board. The applicant is requesting several waivers including but not limited to the following: the Environmental & Cultural Resources Impact Study, street improvements and lighting, curbing and sidewalks – existing sewage disposal system for TMP# 30-4-104 identified on the plan will not adversely impact the proposed lot line adjustment – defer the dedication of the ultimate right-of-ways of Church Hill and Frogtown Roads until there is further development of the site – consolidated deeds have been prepared and forwarded to the Township for review – deeds of record will be provided to the Township – property monumentation will be installed. A motion was made by K. Gross, seconded by H. Gawronski, to approve the preliminary/final plan for St. Luke’s Church lot-line adjustment Church Hill Road including TMP# 30-4-84, 102, 104, 105, 105-1, 106 and 107-1.T. J. Walsh added that the approval should include the following conditions: receipt of all permits from any other agency that has jurisdiction over the plan. Prior to recording the record plan: payment of all Township fees and costs; compliance with the Township Engineer’s letter of September 26, 2005 and the most recent letter of the BCPC; deed of consolidation approved by the Township consolidating all the properties and the waivers that were requested. K. Gross amended his motion to include the conditions stated by T.J., seconded by H. Gawronski. The applicant agreed to the conditions. The motion carried 5-0-0.

• Prime Properties – Foellner & Fink – Eastburn & Gray –

The Planning Commission at their September 6, 2005 meeting granted conditional preliminary approval to this plan. Michael Carr, attorney for the applicant, presented the Plan to the Board and is seeking preliminary approval. K. Clauss, Engineer for the project, and T. Applebach from DelVal Soils were also in attendance. T.J. advised the applicant that the plan will be expiring on November 16, 2005 and may want to request an extension. There has been an additional P-Hydro inspection and a letter will be forthcoming. The applicant has reviewed the EAC letters based on the revised plans and is aware there may be additional comments. M. Carr and the Board reviewed the Wynn Associates letter of August 30, 2005 . The Board commented that there are still several issues to be addressed including: cartway widening of Foellner Lane and Fink Drive , and dedication of recreation land to Township. (Applicant proposed fee in-lieu-of but will present a proposal for Lot #5). Consensus of the Board was to have the applicant widen the intersection of Foellner Lane and SR611. The intersection of South Park Road/SR611 requires signalization and the Township would consider a contribution. Applicant will revise plans to show the depth of the retention basin. The balance of the review letter are ‘will complies’ with the exception of street lighting. Lights provided are recommended by MetEd. Consensus of the Board to request waiver for lights. A motion was made by H. Gawronski, seconded by K. Gross, to grant a 60-day extension to Prime Properties. The motion failed 2-3-0 with J. Litzenberger, B. Keyser and A. Santopietro voting nay.

A motion was made by J. Litzenberger, seconded by K. Gross, to grant an extension to Prime Properties to 12/20/05 . The motion carried 3-1-1 with A. Santopietro voting nay and H. Gawronski abstaining. The Board questioned T. Applebach with regard to the A/B septic systems. They are being reviewed by PADEP, but no correspondence has been received by the Township.

• Salventi & Purviance Subdivision grants extension to Dec 31, 2005 –

A motion was made by K.Gross, seconded by A. Santopietro, to accept the extension to Dec 31, 2005 for the Salventi & Purviance Subdivision. The motion carried 5-0-0.

LAND DEVELOPMENT:

• Terry Rakowsky (Urwiler & Walter) grants extension to April 10, 2007 –

The Board voiced concerns about the length of this extension. A motion was made by K. Gross, seconded by H. Gawronski, to grant a 120-day extension through February 28, 2006 . The motion carried 4-1-0 with A. Santopietro voting nay.

B. Nockamixon Crossing Shopping Center Assoc. – grant extension until revoked in writing – T.J. updated the Board that the stipulation has been filed but no approval has been received from the Judge. DEP has an issue with the sewage and could respond within 60 days. He believes a 60-day extension would be more appropriate. A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to 12/20/05 for Korman/ Nockamixon Crossing Shopping Center Assoc. The Board has 90 days from the date of the order to act on a plan.

The motion carried 5-0-0.

OLD BUSINESS:

• 412/563 Traffic Light – T.J. commented that the full appraisal was received electronically late today. J. Litzenberger requested that it be forwarded to

S. Freeman.

• Above Ground Storage Tank Zoning Ordinance Amendment – The Board directed T.J. at their July meeting to prepare an ordinance which would amend the existing zoning ordinance provisions that relate to storage tanks containing hazardous substances. It now provides that any proposed tanks over 1,100 gallons containing hazardous materials must be classified as above ground tanks and installed in a fully enclosed vault. T.J. commented if the Board is of a mind to enact this amendment authorization is needed to advertise for adoption at the November Board Meeting. A motion was made by K. Gross, seconded by H. Gawronski, to authorize the Solicitor to advertise the proposed Above Ground Storage Tank Zoning Ordinance Amendment for a public hearing at the November Board Meeting.

The motion carried 4-1-0 with A. Santopietro voting nay.

C. Park Ordinance – Recommended by the Recreation Board – The Board tabled until the November Board Meeting. J. Litzenberger commented that the Board members review and make recommendations/changes for that meeting. A. Lyons commented that the Planning Commission had not reviewed. J. Litzenberger requested that it be placed on the November PC agenda.

NEW BUSINESS:

• BCATO Dinner – October 27, 2005 – Cathy commented that she needs to know how many will be attending the meeting. A motion was made by J. Litzenberger, seconded by K. Gross, to approve the expenditure of $50.00/person for the BCATO Dinner on October 27, 2005 . The motion carried 5-0-0.

B. Designation of Halloween Hours – It was the consensus of the Board that Halloween Hours will be Monday, October 31, 2005 from 5-8:30 PM .

SOLICITOR’S REPORT:

• 2005 Audit – Advertising –A motion was made by J. Litzenberger, seconded by, to authorize the Solicitor to advertise Stanley N. Booz , LLC as the Township Auditor for the Reorganization on January 3, 2006 . The motion carried 5-0-0.

• NBICD Financing Approval – Philadelphia Academy Community Development Corp. – T. J. explained the project to the Board and recommended that the Board approve this subject to the Authority: a) covering all the Townships costs and fees and, b) a comparable donation be made to the Township in accordance with past practices.

A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the NBICD financial approval of the Phila. Academy Community Development Corp. for $8.2 Million subject to the payment of all penalties, fines and fees.

The motion carried 5-0-0.

Secretary/Treasurer’s Report

Quarterly Payroll tax filing has been completed and mailed on time.

The Community Block Grant for the Eastern Upper Bucks Senior Center was completed and mailed to the Bucks County Dept of Community and Business Development prior to the deadline.

She requested a date from the Board for the Budget Work Session. It was the consensus of the Board to hold the Budget Work Session on Wednesday, October 26, 2005 at 6:30PM .

The Rabies Clinic was held at the Township Building on October 8, 2005 . Forty-eight vaccinations were provided. Arlene and Cathy thanked Dr. David Peterson and his assistant Fran along with CC Hopf , Lillian Race and Elaine Gawronski for volunteering their time. $172.00 in donations was collected.

She requested permission from the Board to transfer $2,603.00 from the Recreation Fund to the General Fund. This money was for the purchase of picnic tables approved in August 2005. A motion was made by K. Gross, seconded by H. Gawronski, to transfer $2,603.00 from the Recreation Fund to the General Fund. The motion carried 4-0-0.

Due to the increase in gas prices, the Internal Revenue Service has increased the standard business mileage rate for September 1, 2005 to December 31, 2005 from $.405 cents per mile to $.485 cents per mile. A motion from the Board is recommended.

A motion was made by K. Gross, seconded by H. Gawronski, to reflect the increase in the standard business mileage rate from September 1, 2005 to December 31, 2005 to 48.5 cents per mile as noted by the IRS. The motion carried 4-0-0.

Cathy asked the Board to set a date for the Christmas Party so that the office can start arrangements. A motion was made by K. Gross, seconded by H. Gawronski, to hold the Christmas Party on Friday, December 16, 2005 from 3:00 – 6:00 PM. The motion carried 5-0-0.

Prepared and copied to the Board is the September 30 budget review. In the General Fund, we have received 102% of projected revenues and have spent 44% of projected expenditures. Attached to this report is a General Fund Profit and Loss Statement as of September 30, 2005 – net income is $116,005.05 in the General Fund.

Bills are being presented in the General Fund in the amount of $67,247.72, and $6,284.89 in the Escrow Fund. We have $29,879.19 left in the checking account after payment of bills. A motion was made by K. Gross, seconded by H. Gawronski, to pay the October 18, 2005 bills as presented, and to accept the Secretary/Treasurer’s report dated October 18, 2005 . Cathy requested permission from the Board to write a check for $300.00 to S. Donovan to cover the cost of the water testing done at the Bickle landfill.This was not included on the bill list. K. Gross amended his motion, seconded by H. Gawronski, to include the $300.00 bill of S. Donovan in the bill list. The motion carried 5-0-0.

PUBLIC COMMENT:

-A. Balogh voiced EAC concerns with regard to the slag piles on the Cabot site and why they are uncovered. A. Eichlin will advise P. Bent of these concerns.

-S. Tenney commented that a report had been received by the EAC regarding aquifer testing for Prime Properties and requested permission to forward to the Township Engineer. It was the general consensus to forward to S. Baluh.

At 11:30PM J. Litzenberger commented that the Board will be in Executive Session after the meeting to discuss Open Space easements for real estate.

ADJOURNMENT:

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

Respectfully submitted,

Arlene E. Eichlin
Recording Secretary

Board of Supervisors
October 18, 2005