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YOU NEED A PERMIT IN NOCKAMIXON

Board of Supervisors
December 20, 2005 Meeting Minutes

The regular scheduled meeting for December was held on December 20, 2005 in the Township building in Ferndale , PA. Chairman J. Litzenberger opened the meeting at 7:40 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 along with Township Engineer S. Baluh and K. Kern of the B.C. Planning Commission.

J. Litzenberger commented that the Board met in Executive Session from 7:15-7:40 PM to discuss real estate.

SCHEDULING:

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

J. Litzenberger noted that due to the illness of T.J., all reports would be deferred to the end of the meeting.

MINUTES OF MEETING:

A motion was made by A. Santopietro, seconded by K. Gross, to accept the November 15, 2005 meeting minutes as presented. The motion carried 5-0-0

PUBLIC HEARING: 2005 Comprehensive Plan – Resolution 12-20-2005

K. Kern, Community Planner for B.C. Planning Commission presided over the public hearing for the Comprehensive Plan. The Township would like to preserve the characteristics of the rural and village areas and the recommendations set forth in this plan will help facilitate the implementation of policy and development. It will reflect the vision that was set forth in this Plan. At their last meeting the Board made a recommendation to adopt the plan with revisions. S. Tenny once again voiced her concerns regarding split zoning in the Township. Also, how would that be changed in the Comp Plan. K. Kern noted that after searching through the files at the B.C. Planning Commission the documentation as shown in the Township paperwork is accurate. There is documentation that seems to apply to those changes. She has been unable to retrieve all the related archival records. The Comp Plan could be amended to reflect any change. A motion was made by K. Gross, seconded by H. Gawronski, to adopt the 2005 Comprehensive Plan as Resolution #12-20-2005. K. Gross wanted to clarify that there are two properties he would like to retain as VC, both of which are located on SR412. These properties are owned by Judy’s Friendly Garden and Durham Holtmeier. The motion carried 5-0-0.

SUBDIVISIONS:

A. John Salventi/Thomas Purviance Subdivision – Preliminary/Final Approval –

The Planners approved this subdivision at their November meeting. J. Salventi commented that he is requesting preliminary/final approval for the proposed lot-line change. J. Salventi is seeking refinancing and has informed the Board that the tank will be installed in January however the fill site cannot be completed until April. K. Gross questioned if holding tanks are permitted in the VC district. S. Baluh commented that they are allowed in non-residential uses if a fill site is installed. A motion was made by K. Gross, seconded by H. Gawronski, to approve the preliminary/final for the John Salventi/Thomas Purviance Subdivision subject to the following conditions as recommended by T.J. Walsh: receipt of all permits from any agency with jurisdiction over the plan; compliance with the Township Engineer’s letter of September 26, 2005; satisfy any comments of the most recent review letter of the B.C. Planning Commission; satisfy all requirements from the B.C. Dept. of Health and the DEP for the disposal facility on Lot#1; fill site will be installed in April 2006, holding tank agreement will be executed January 2006; all reasonable Township costs and fees to be paid; grant all waivers requested. J. Salventi agreed to these conditions. The motion carried 5-0-0.

B. Prime Properties (Schlosser & Clauss) Request to be on the Agenda – M. Jonas, attorney for the applicant, is seeking preliminary plan approval. K. Clauss, of Schlosser & Clauss, who handed the Board a revised plan dated 12-20-05 , outlined the ten proposed modifications for the final plan. It contains the following: a reduction in lots from 18 to 15; the through road configuration changed to a cul-de-sac; install Belgian block curbing within the development; applicant offering fee of $1,500/lot in lieu of sidewalks; lots that were not sand mounds are now shown as IRSIS sites; proposed off-site road improvements from the intersection of Teresa Lane to SR611; improvements to Fink Drive and Foellner Lane have been removed from the plan; a $45,000 fee in-lieu-of is proposed for the open space lot since no open space is proposed for this plan; proposing post light at the end of each driveway; plan is subject to approval by the B.C. Dept of Health. T.J. commented that the Fire Marshall should be contacted with regard to the layout changes. A declaration of covenants, easements and restrictions will be needed for Lot #11 which contains the stormwater basin that will be maintained by the owner. It stipulates an easement for the Township to enter this property and maintain should the owner not comply. K. Gross asked for deed restricted lots, K. Clauss agreed. T. Keebler and B. Keyser commented they would like to see Lot #5 as open space for a baseball field. A. Shepperd was concerned with the entrance to Teresa Lane since his driveway is directly across the road from the proposed entrance. After a lengthy discussion it was decided that evergreen trees are to be planted by the applicant on the Shepperd property, with written permission from the owner, to prevent lights from shining into his residence. E. Gawronski requested a poll of the Board and the applicant regarding 15 lots plus $45,000 or 14 lots with Open Opace. K. Clauss commented that two lots were incorporated into one and they offered a fee which they felt was a good faith effort. K. Gross commented that the applicant is making concessions by reducing the number of lots to 15.

A motion was made by K. Gross, seconded by H. Gawronski, to grant preliminary approval for the Parkview Estates 15-lot subdivision, on a cul-de-sac, with Belgian block curbing, $1,500/lot fee in-lieu-of sidewalks, no A/B systems, road improvements from Teresa Lane to SR611, fee in-lieu-of for Open Space, no street lights or driveway lamp posts, Fire Marshall to review the layout changes, deed restrict lots from future subdivision, return to Nockamixon Planning Commission for final approval, address any comments from the Township Engineer, EAC; trees to be planted at the end of the Shepperd driveway. The following conditions were added by T.J. Walsh: disclosure statement, declaration for the maintenance of the retentions basin on Lot#11, payment of all financial and security agreements, payment of all reasonable Township fees and costs, compliance with all outside agency approval letters, protection of the wells. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay. J. Litzenberger requested additional buffering on Fink Lane . This will be addressed when Final plans are submitted. K. Gross amended his motion to include buffering on the three lots on Fink Lane, seconded by H. Gawronski. H. Gawronski commented that he would like a recreational area in this subdivision. J. Litzenberger requested that the applicant reconsider Open Space land. M. Jonas commented that it will be considered during Final. K. Gross amended his motion to include reconsideration of adding Open Space land to the subdivision, seconded by H. Gawronski. A. Shepperd asked for an explanation of the widening of Foellner Lane . S. Baluh commented that it will be widened to 18’ with land from the South side of the roadway.

The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.

C. Sal Lapio 30-15-1-2 Preliminary Approval – William Benner, attorney for the applicant, E. Pellegrino, Project Engineer, and M. Matczak, of Sal Lapio Homes were in attendance. The Nockamixon Planning Commission granted preliminary approval at their December meeting. One of conditions of the approval was that the EAC report be addressed at the Final plan submission. Wm. Benner and the Board reviewed the Wynn Associates letter of November 23, 2005 . The applicant agreed to comply with the requests in the review letter. A concern is the drainage of stormwater that accumulates near the pole barn on the McClosky property. The applicant agreed to provide enhanced buffering and enhanced plantings on a 30’ berm, and to meet with the McClosky’s to address their concerns. S. Baluh commented that plans are reviewed when a berm is to be constructed and needs to comply with the Township SALDO. The applicant reserves the right to revisit the berm when Lot #1 is developed; add a note for future sidewalks when Commercial Lot is developed; maintenance of cul-de-sac to be conducted by landowner; conduct a Traffic Impact Study; submit a PennDOT HOP application; update the Water Resource Impact Study. The Board discussed the installation of 4’ aluminum decorative fence near the stormwater basin. It was the consensus of the Board that fencing be installed.

A motion was made by K. Gross, seconded by H. Gawronski, to grant preliminary approval for the Sal Lapio Homes Subdivision on SR611 & Tabor Road in accordance with the November 23, 2005 review letter of Wynn Associates withholding the reservation that at future and/or final review it may be necessary to revisit the Environmental & Cultural Assessment provided by the EAC of Nockamixon Township as well as to potentially review commentary from the Princeton-Hydro review letter of the same plan. Further that a 4’ aluminum decorative fence be installed around the basin on Lot #6.He amended his motion, seconded by H. Gawronski, to include that all residential lots be deed restricted. R. deSocarras commented that vinyl fencing is easier to replace and repair when damaged. K. Gross amended his motion, seconded by H. Gawronski, to include 4’ decorative aluminum or vinyl fencing. A comment was made that a quarry exists near the proposed houses and would the applicant consider adding that information to their disclosure. The motion was amended further to include disclosure that a quarryexists nearby. T.J. recommended the following conditions: pay all Township fees and costs; execute the Development/Financial Security Agreement; withdraw the existing 7-lot subdivision plan; grant waivers. K. Gross amended his motion, seconded by H. Gawronski, to include the following waivers: Section 196-403.4.F, 196-504.2.K, 196-506.4.A, 196-512, 196-513. T.J. asked the applicant if he would agree to these conditions. It was noted that they agree with everything except the deed restrictions.T.J. commented that should the applicant appeal a denial, it would be noted that it is based on their disagreement with the deed restrictions and all waivers would be denied.

The motion carried 5-0-0.

The Board directed S. Baluh to contact Tinicum Township with regard to the installation of a traffic light at the intersection of South Park Drive and SR611.

D. Margaret and Brian McArdle grant extension to February 28, 2006 – A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to Margaret and Brian McArdle to February 28, 2006. The motion carried 5-0-0.

E. Edward McArdle grants extension to March 31, 2006 – A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to Edward McArdle to March 31, 2006. The motion carried 5-0-0.

LAND DEVELOPMENT:

A. Nockamixon Crossing extension to 12/20/05 (Benner & Wild) – T.J. commented that the applicant had offered an indefinite extension, but the Board denied. The DEP will not accept any discharge into the stream. He suggested that the Board consider some type of extension, indefinite or not. Should the Board deny the plan, then the applicant would have to resubmit a new plan. A motion was made by K. Gross, seconded by H. Gawronski, to extend Nockamixon Crossing Land Development to June 30, 2006. The motion carried 5-0-0.

B. Gartner Building Group grants extension to March 31, 2006 (Urwiler & Walter) –

A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to Gartner Building Group to March 31, 2006. This is their third extension due to BC Dept of Health testing. The motion carried 5-0-0.

C. David Brill grants extension to March 31, 2006 (Urwiler & Walter) – A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to David Brill thru March 31, 2006 . The motion carried 5-0-0.

D. Vernon Wehrung grants extension to March 31, 2006 (Urwiler & Walter) – A motion was made by K. Gross, seconded by H. Gawronski, to grant an extension to Vernon Wehrung to March 31, 2006. The motion carried 5-0-0.

RELEASE OF ESCROW:

A. Prime Properties, Inc. (Maloney Subdivision) Voucher #1 $ 76,472.00

A motion was made by K. Gross, seconded by H. Gawronski, to release the Prime Properties, Inc., Voucher #1 for $76,472.00. The motion carried 5-0-0.

B. Dwayne and Carol Gross (Gross Subdivision) Voucher #5 $ 7,891.74

A motion was made by H. Gawronski, seconded by A. Santopietro, to release the Gross Subdivision, Voucher #5 for $7,891.74. The motion carried 5-0-0. The motion carried 4-0-1 with K. Gross abstaining.

C. Dwayne and Carol Gross (District Court) Voucher #6 $11,081.73

A motion was made by H. Gawronski, seconded by B. Keyser, to release the Dwayne and Carol Gross, District Court Voucher #6 for $11,081.73. The motion carried 4-0-1 with K. Gross abstaining.

D. Alfred Funke 30-4-72-4 and 30-4-72-5 - $ 7,725.05

A motion was made by H. Gawronski, seconded by B. Keyser, to release escrow for Alfred Funke 30-4-72-4 and 30-4-72-5 in the amount of $7,725.05.

The motion carried 5-0-0.

OLD BUSINESS:

A. Adoption of the 2006 Budget – A motion was made by H. Gawronski, seconded by K. Gross to adopt the Budget for 2006. The motion carried 5-0-0.

B. 412/563 Traffic Light – Tabled by the Board.

C. Bucks County Hazardous Mitigation Plan - Resolution 12-20-2005 A.

A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the Bucks County Hazardous Mitigation Plan-Resolution 12-20-2005 A. The motion carried 5-0-0.

NEW BUSINESS:

A. Approval of 2005 Annual filing of MS-965 (State Fund) Report – A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the 2005 Annual filing of MS-965 (State Fund) Report. The motion carried 5-0-0.

B. Palisades Earned Income Tax Office request for a Letter of Support Senate Bill 292/House Bill 1427. C. Gorman commented that there is a proposal to consolidate the collection of EIT funds through the County, instead of through the School Districts . The consensus of the Board was to have the Secretary write a letter of support for the current system.

B. Keyser commented that due to a lack of contributions the Upper Bucks Regional EMS is in serious financial trouble. The annual donation from Nockamixon Township is $15,000, which includes $3,000 for Worker’s Compensation. It was the consensus of the Board to have the Secretary draft a letter to be sent to surrounding municipalities to set up a meeting to discuss the situation. C. deSocarras suggested that an article be placed in the Township Newsletter.

B. Keyser requested a buffer zoning ordinance for perimeter buffers of 150’ and 200’ surrounding subdivisions. It would buffer neighbors and hold stormwater on the property. K. Gross commented that it would force high density developments, e.g. four dwelling units per acre. S. Baluh commented that the buffer could be determined on a sliding scale depending on the uses and density of the development. The Board directed T.J. to look at other Township proposals regarding buffer zoning and what ordinances need to be strengthened. T.J. advised the Board of the changes that have been made in Township Ordinances during the last year.

SOLICITOR’S REPORT:

T.J. asked H. Gawronski to update the Board regarding the Cable Franchise Agreement. He commented that the meetings are not going well, and that Mr. Palmer has suggested the Township adopt a Cable ordinance. If the Township does not extend the agreement with the Cable Company they may lose the franchise fees. A motion was made by K. Gross, seconded by H. Gawronski, to extend the current contract with Service Electric through December 31, 2006. The motion carried 5-0-0.

Secretary/Treasurer’s Report

The final bills have been received from Stradley, Ronon, Stevens & Young. Total of the bills needing your approval is $3,532.50. Total amount of legal fees regarding this resolved litigation is $26,676.60. A motion was made by K. Gross, seconded by H. Gawronski, to approve the payment of the Stradley, Ronon, Stevens & Young bill for $3,532.50. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.

Included in the bill list this month is the semi-annual donations to the local Fire Companies, the Upper Bucks Regional EMS and the Senior Center . As budgeted in 2005, we expended 50% of the donations in June. The contributions for this month are as follows: Ottsville Fire Company $10,750.00, Upper Black Eddy Fire Company $2,500.00 (Annual), Riegelsville Fire Company $5,500.00, Upper Bucks Regional EMS $6,000.00, Upper Bucks Senior Center $1,500.00

Cathy researched the option of using Capital One for banking. First Savings CD Annual Percentage Yield is higher than Capital One by .10%. However, the Money Market Accounts are higher by 1% APY of 3.92% monthly interest rate. Two signers are allowed on the account and they would require some personal information. Funds would be available in 6 days after all their required paperwork is received. Please advise if the Board wishes to pursue and if so she would need to know how much money the Board would wish to be transferred. Section 708 of the 2 nd Class Township Code also requires additional bonding, and the Board would need to designate the bank by resolution.

The Township received notice from the Bucks County Commissioners and The Department of Community and Business Development that our request for funding for the Eastern Upper Bucks Senior Center (#06-34) was awarded in the amount of $22,500.00

On tonight’s bill list there is a check made payable to the Township in the amount of $75,093.38. This money is for the Federal assistance we received from PEMA and the 50% grant from Bucks County Conservation District. For record keeping purposes, she would like to open an account for Grant monies the township receives. She can transfer the revenue once the expenditure occurs.

She is requesting permission to release a check out of meeting for the postage for the mailing of the newsletter. The amount of the check is not to exceed $350.00.

PA Department of Revenue is requiring that payroll tax payments be submitted electronically.

We received notification from PSATS regarding the 84 th Annual State Convention. Please let Cathy know who would like to attend.

Prepared and copied to the Board is the November 30 budget review. In the General Fund, we have received 138% of projected revenues and have spent 53% of projected expenditures. Attached to this report is a General Fund Profit and Loss Statement as of November 30, 2005 – net income is $231,492.78 in the General Fund.

Bills are being presented in the General Fund in the amount of $130,046.59, $27,645.70 in the Escrow Fund, and $1,945.14 in the State Fund. We have $49,423.17 left in the checking account after payment of bills.

A motion was made by K. Gross, seconded by H. Gawronski, to approve the Secretary/Treasurer’s report of December 20, 2005 as presented. The motion carried 5-0-0.

A motion was made by K. Gross, seconded by H. Gawronski, to pay the December 20, 2005 bill list as presented. The motion carried 5-0-0.

H. Gawronski requested $400.00 to purchase eight wagons from Harbor Freight for Community Day giveaways. A motion was made by K. Gross, seconded by A. Santopietro, to expend up to $400 to purchase eight wagons from Harbor Freight as prizes for Nockamixon Community Day. The motion carried 5-0-0.

C. Gorman requested permission from the Board to advertise Reorganization meetings for the Board of Supervisors on January 3, 2006 at 7:30PM , the Planning Commission on January 4, 2006 at 7:30PM and the Township Auditors on January 4, 2006 at 6:30PM as well as the Petroleum Products Bid and the Open Space meeting for January 9, 2006 . A motion was made by K. Gross, seconded by A. Santopietro, for permission to advertise for the above mentioned meetings and the Petroleum Products Bid. The motion carried 5-0-0.

ROAD & COMMITTEE REPORTS:

A. Road Report -A motion was made by A. Santopietro, seconded by H. Gawronski, to accept the November 2005 road report as presented. The motion carried 5-0-0.

B. Emergency Management Report – No one was in attendance. C. Gorman commented that the 2005 End of Year Report will be on the January Agenda.

C. EAC Report – J. Peterson, Chairman, gave the EAC report. Plans were received recently for Glazier and Cobbler and they will be making site visits early January. The Cobbler submission was incomplete and the paperwork will be picked up by the applicant. S. Donovan had a letter for Cabot containing several questions which have not been addressed. B. Keyser will contact P. Bent with regard to this issue. S. Donovan reviewed the results of the analysis from the Bickel landfill and suggested that wells in the Sal Lapio subdivision and on Annawanda Road be tested for Arsenic. K. Gross asked for the guidelines from the DEP and EPA. R. Balbirer questioned what responsibility does the BCDH and its successors have for site clean-up. S. Donovan commented that they deny any responsibility. He is speaking about the sediment in the surface water, not drinking water. It is a symptom. PADEP will reanalyze the site spring and summer, will be looking for arsenic and will make recommendations at that time. K. Gross commented that this meets the requirements for a stream, not a well.

D. Open Space Committee Report – S. Tenney commented that the Open Space Committee is still working on projects. There will be no December meeting, it will be held on January 9, 2006 .

E. Park & Rec Board – T. Keebler gave the Park & Rec Report. He commented that the meeting day has been changed to the 4 th Tuesday of the Month. P. Driscoll, the consultant for the Park & Rec Plan is able to attend meetings later in the month. L. Emerson resigned from the Park & Rec, and they are recommending S. Overturf as a member. T. Keebler noted that Park & Rec recommends taking 10% of the Prime Properties subdivision as open space. The discussion continued concerning use of the land for ball fields and the parking accommodations that would be needed.

PUBLIC COMMENT:

-S. Tenney wished the Board a Merry Christmas.

-E. McHale brought a news article concerning Nockamixon Community Day and how a young girl (Tiffany Hendricks) who won the bicycle gave it to someone else. A. Santopietro recommended that a certificate of recognition be sent to T. Hendricks acknowledging her random act of kindness.

-H. Nast asked for an update regarding the newsletter. C. Gorman commented that the articles have been received and she is awaiting approval by the Board.

ADJOURNMENT:

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

Respectfully submitted,
Arlene E. Eichlin
Recording Secretary