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YOU NEED A PERMIT IN NOCKAMIXON

Minutes of Nockamixon Township
Board of Supervisors
January 17, 2006

The regular scheduled meeting for January was held on January 17, 2006 in the Township building in Ferndale , PA. Chairman J. Litzenberger opened the meeting at 7:30 PM with a salute to the flag. Other members present were Vice Chairman K. Gross and Supervisors H. Gawronski, B. Keyser and N. Jansyzeski. Solicitor, T.J. Walsh was also present.

SCHEDULING:

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

MINUTES OF MEETING:

A motion was made by H. Gawronski, seconded by K. Gross, to approve the December 20, 2005 minutes as presented. The motion carried 4-0-1 with N. Jansyzeski abstaining; she was not a Supervisor at the time.

J. Litzenberger welcomed the newly elected Supervisor, N. Jansyzeski.

 A motion was made by J. Litzenberger, seconded by K. Gross, to approve the January 3, 2006 Reorganization minutes as amended on Page 4. The motion carried 5-0-0.

REPORTS:

A. ROAD REPORT – Gas and Diesel Bid Award

A motion was made by K. Gross, seconded by B. Keyser, to accept the December 2005 Road Report as presented. The motion carried 5-0-0. When asked by the Board, G. Housworth commented that he had an estimate of $5,000.00 to repair the GMC truck. B. Keyser asked George how much the truck was worth, he noted $3,500.00. K. Gross questioned whether the truck would be worth $9,000.00 after repairs, George responded it would not. The Board agreed to table this item. J. Litzenberger and K. Gross, liaisons to the Road Department, will meet with G. Housworth to discuss what is required to make the truck road worthy. A recommendation will be made by the Board when all pertinent information has been obtained. J. Litzenberger thanked the Road Crew for their efforts keeping the roads clear during the ice storms.

The following bids were received for gas and diesel:

Farm & Home Oil (diesel fuel only)
Low Sulfer Diesel Fuel $ 2.1495 per gallon
Heating Oil 2.1325 per gallon
Total $11,822.25

 Brinker’s Fuels
Low Sulfer Diesel Fuel $ 2.210 per gallon
Heating Oil 2.299 per gallon Fixed price
(heating oil will always be locked in at the price shown above)
2.399 per gallon Capped price
(heating oil price will not exceed the capped price shown above but will DROP if prices decrease)
Gasoline – Reigelsville Facility Floating Price 1.978 per gallon (89 octane)
2.083 per gallon (93 octane)

A motion was made by K. Gross, seconded by H. Gawronski, to award the bid to Farm & Home Oil as submitted for the Low Sulfer Diesel Fuel @$2.1495/gallon and Heating Oil @$2.1325/gallon. Total $11,822.25. The motion carried 5-0-0.

A motion was made by K. Gross, seconded by H. Gawronski, to award the bid to Brinker’s Fuel for the Low Sulfer Diesel Fuel @$1.978/gallon for 89 octane and $2.082/gallon for 93 octane. This is a floating price based on the day the product is purchased. The motion carried 5-0-0.

 B. Emergency Management – Approval of Annual Report. No one was in attendance. The Board tabled.

C. Environmental Advisory Committee – J. Petersen, Chairman, gave the EAC report. They are tracking the Ground Water Ordinance and are seeking approval of the Planning Commission. There has been no response from Tim Knapp of Cabot Corp. P. Bent commented that he spoke with T. Knapp from Cabot and gave a short synopsis of the conversation. The Board voiced concerns with regard to uncovered piles of dirt and the pond on the property. They also requested that P. Bent obtain a written report from Cabot for the year ending 12/31/05 . J. Petersen commented that the update to the Act 537 Plan has begun. C. Gorman commented that the Engineer, S. Baluh advised that a kick-off meeting with the DEP will be scheduled and he suggested that a representative of the Board or EAC attend.

D. Open Space – Bucks County Open Space Program – A. Lyons, Co-Chair, commented that a letter has been drafted for review by the Board concerning the B.C. Open Space Program. It will be sent to K. Kern at the B.C. Planning Commission and requested that it be sent on Township letterhead. T.J. has reviewed, foresees no problems, and suggested that it be mailed as soon as possible. J. Litzenberger suggested that the Board approve with the caveat of the addition of the six-month extension. When completed all members of the OSC would receive a copy. A motion was made by J. Litzenberger, seconded by K. Gross, to accept the draft letter generated by the Throckmorton’s of the Open Space Committee, dated January 11, 2006, containing no six-month deadline. T.J. commented that the letter should include that Bucks County give theTownship advance notice of intent or official action if they transfer the current allotmentback into a general fund or to any other municipality. The motion carried 5-0-0. In response to A. Lyons inquiry whether or not the name of the property owner could be divulged, T.J. noted that it depends whether the owner would like his name revealed. Once a contract has been signed, it becomes public knowledge.

The Open Space Committee is seeking new members, and interested parties should contact the Chair.

 E. Recreation Board – T. Keebler commented the Rec Board had no report. They will reorganize at their next meeting.

PUBLIC COMMENT:

-T. Stone, President of the Gallows Run Watershed Assoc. commented they are implementing the restoration plan for the Gallows Run. The GRWA and the Cooks Creek Watershed Association are co-hosting an exploratory meeting for the regional EAC’s of adjoining Township’s. A presentation on the status of the Springtown water system and on the Highland ’s coalition will be held at the Springtown Fire House on Thursday, January 26, 2006 at 7:00 PM . He extended a personal invitation to the BOS for this meeting. There is also a program with the DEP for monitoring the water on the Gallows Run in order to upgrade the stream’s classification. The cost of this project is $15,000 which will seek baseline data on the current condition of the stream. He wanted the Board to be aware of this since he will be seeking funds and support in the future. They have received unanimous support from the Nockamixon Planning Commission and the EAC.

-E. McHale requested information concerning the light at SR611 and Center Hill Road . T.J. commented that S. Baluh had received no response from the contractor who was awarded the project, nor from the next lowest bidder. S. Baluh is currently obtaining estimates from three sources.

-A. Lyons, who is a member of the River Road Business Alliance, had attended a meeting with a PennDOT representative concerning the opening of SR32. The Alliance was advised that a letter requesting the opening of the road should be sent by Nockamixon Township . It was the consensus of the Board to have the Secretary write a letter to PennDOT.

-J. Petersen commented about having information scanned and e-mailed to the Committee. The office has that capability and the Board requested that information be forwarded to the appropriate committee Chair and/or Vice-Chair. The concern voiced by the Secretary was the size of the document. If the correspondence is large or two sided, a copy will be placed in the file drawer and they will be advised via e-mail of the paperwork.

-E. Kemble requested use of the Township Building for Nockamixon Community Day Committee meetings. The Board was in agreement, however, a reorganization meeting will have to be scheduled to appoint a Chair, and they will approach M. vonDyke to once again head this Committee. The Board will address at the February meeting.

SUBDIVISION:

A. Glazier Subdivision-Eastburn & Gray, P.C. Extension to April 28, 2006 . A motion was made by H. Gawronski, seconded by K. Gross, to extend the Glazier Subdivision to April 28, 2006. Due to the amount of outstanding issues with this plan, the Planning Commission requested an extension. The motion carried 5-0-0.

B. Beres Construction – Lot Line Change Kintner Ridge Lot 3 & 4. A motion was made by H. Gawronski, seconded by K. Gross, to approve the lot-line change for Lots 3 & 4 for Kintner Ridge. T.J. recommended the following conditions: amend final plan for Lots 3 & 4; receipt of all permits from any agency with jurisdiction over the plan; compliance with the Township Engineer’s letter of November 29, 2005; approval from B.C. Planning Commission and B.C.C.D.; payment of all reasonable Township fees and costs; amendment to the recorded Declaration of Covenants, Easement and Restrictions relating to the Kintner Ridge Subdivision; separate deed of consolidation for the lot-line parcel change; grant requested waivers when all conditions have been met. H. Gawronski amended his motion, seconded by K. Gross, to include the conditions. D. Taylor agreed with those conditions. The motion carried 5-0-0. D. Taylor was also seeking a waiver for installation of driveway lights on Kintner Ridge. It was the consensus of the Board that it is up to each resident, and asked T.J. what is required to amend the plan. T.J. commented that, rather than a formal amended final plan, make a ‘field change’ and not install the lights. Either the individual property could install, or some future Board could require the installation before financial security is released.

C. Beaver Run Road Subdivision – Dwayne Gross – Grants six month extension. T.J. commented that this subdivision requires an extension prior to the February meeting. A motion was made by B. Keyser, seconded by H. Gawronski, to grant a six month extension for the Gross/Beaver Run Subdivision until August 16, 2006. The motion carried 4-0-1 with K. Gross abstaining.

The Board requested that a ‘revision date’ be typed at the bottom of agendas that are e-mailed.

LAND DEVELOPMENT:

A. Palisades – Zoning Variance regarding bleachers set backs. The Planning Commission reviewed at their meeting and had no issues with the changes. T.J. Walsh deferred to P. Bent. A zoning hearing is scheduled for February 2, 2006 at 7:00PM at the Township Building . P. Bent commented that the School District would like to install a Synthetic Turf field, add two lanes to the track, and move the visitor’s bleachers closer to the property line. They are requesting a waiver of land development. A motion was made by K. Gross, seconded by H. Gawronski, to grant a waiver of land development for the Palisades School District . A. Balogh commented that perhaps the EAC should review this plan. K. Gross commented that there are no changes proposed to Stormwater Management. T.J. and the Board discussed the reason for the hearing which is to move the visitor’s bleachers from their current location to 10’ from the property line. The motion carried 5-0-0.

RELEASE OF ESCROWS:

A. Kintner Ridge Subdivision – Payable to Beres Construction Co. Voucher #11A - $4,500.00. A motion was made by H. Gawronski, seconded by K. Gross, to release Voucher #11A payable to Beres Construction for $4,500.00. The motion carried 5-0-0.

 B. Erhardt Subdivision – Payable to Beatriz K. Erhardt Voucher #1 - $5,100.00.

A motion was made by K. Gross, seconded by H. Gawronski, to release Voucher #1 payable to Beatriz K. Erhardt for $5,100.00. The motion carried 5-0-0.

 C. Harrington Subdivision – Payable to Robert Harrington Voucher #1 - $12,975.00.

A motion was made by H. Gawronski, seconded by K. Gross, to release Voucher #1, payable to Robert Harrington for $12,975.00. The motion carried 5-0-0.

 D. Hamvas/Hunt Stormwater Management – Payable to Janet Hamvas and Colin Hunt Voucher #1 - $3,000.00 for Stormwater BMP. A motion was made by K. Gross, seconded by H. Gawronski, to release Voucher #1 payable to Janet Hamvas and Colin Hunt in the amount of $3,000.00 for Stormwater BMP. The motion carried 5-0-0.

OLD BUSINESS:

A. Auditor Appointment (T.Fritz) – A motion was made by K. Gross, seconded by H. Gawronski, to appoint John M. Brittain as auditor to replace T. Fritz who did not take the Oath of Office. The Township received a letter of interest from J. Brittain. The motion carried 5-0-0. J. Litzenberger directed the Secretary to notify J. Brittain and to call the current auditors J. Meecham and R. deGroot and advise of the appointment. She was also directed to call the Board of Elections.

 B. Zoning Hearing Board Alternate – Letter of Interest – C. Berger & S. Sears.

A motion was made by K. Gross, seconded by H. Gawronski, to appoint Clarence Berger as an alternate to the Zoning Hearing Board. The motion carried 3-2-0 with B. Keyser and N. Janyszeski voting nay. J. Litzenberger directed the Secretary to notify C. Berger of his appointment.

C. Proposed Park Ordinance – The Board voiced concerns with certain verbiage of the ordinance. T.J. suggested a resolution rather than an ordinance. As changes are required it would not be necessary to hold a public hearing. After a lengthy discussion it was the consensus of the Board to table until the February meeting. The Board members will review the Ordinance and submit changes to the Solicitor.

 D. 412/563 Traffic Light – T.J. Walsh commented that he had been directed by the Board after the December Meeting to obtain further information regarding the S. Freeman appraisal. S. Freeman recently hired Herb Sudfeld to represent him. T.J. commented that the Board is seeking to acquire this through the sale of an easement. He noted that there are several ways to acquire the title of easement for the traffic light. (1) To negotiate a sale for the purchase where both sides would submit appraisals and the difference between the appraised values would be considered. (2) A ‘friendly condemnation’ - the Township would acquire title to the easement quickly if obtaining signatures on a lot of property owners is difficult. (3) ‘Unfriendly condemnation’ – If the parties do not agree on the price then a ‘declaration of taking’ would be filed and a Board of View would hear arguments from both sides and make a decision based on the appraisals. The Board would need to adopt a resolution authorizing the Solicitor’s office to negotiate with the property owner and to declare a declaration of taking for the court. The Township would then have one year to file this declaration.

S. Freeman commented that he is willing to give the easement to the Township, but his concern is the elimination of some of the parking and the single entrance and egress to the property. The money that may be forthcoming would be used to construct a driveway around the building since the property then would not comply with zoning regarding parking and setbacks. The Board is seeking an amicable solution but it may be necessary to have the Board of View make the final determination. It was the consensus of the Board to have the Solicitor’s office and the property owner negotiate for the next 30 days.

 NEW BUSINESS:

A. Upper Tohickon Rivers Conservation Plan – Resolution 01-17-2006 – K. Gross commented that approval is requested by the steering committee for the Plan in order to move forward with this project and obtain grants. A motion was made by K. Gross, seconded by H. Gawronski, adopting Resolution 01-17-2006 for the Upper Tohickon Rivers Conservation Plan. The motion carried 5-0-0.

B. Codification of the Code of Nockamixon – K. Gross commented that this will update the present Township Ordinance. Requested that two estimates be obtained and advise that we are seeking bids under $10,000.00.

 H. Gawronski commented thatthere have been sound problems during the BOS meetings and suggested that the Township purchase microphones, amplifiers and standards for the Board and for residents. The total cost for used items is $750.00. The price for new systems is $2,000-5,000. After a short discussion, the Board requested additional information before purchasing the product.

Solicitor’s Report – There was no report.

Secretary/Treasurer’s Report

A motion was made by K. Gross, seconded by H. Gawronski, to approve the Secretary/Treasurer’s report dated January 17, 2006 as presented.

The motion carried 5-0-0. C. Gorman commented that she had requested a check in the amount of $350.00 for the newsletter, however due to the postage increase the check will be for $394.50. The Board approved the additional funds.

A motion was made by K. Gross, seconded by N. Jansyzeski, to approve the bill list dated January 17, 2006 . H. Nast questioned the bills for H. Gawronski for previous years. The Board discussed having Township Personnel fill out expense reports. K. Gross rescinded his motion. K. Gross made a motion, seconded by N. Jansyzeski, to pay the bills as presented on the January 17, 2006 bill list with the exception of Check #7942. J. Litzenberger requested additional detail on the bill. He and K. Gross will put together an expense report (sheet) for the employees. Another question was posed regarding the check to Stradley, Ronon, Stevens & Young.

K. Gross further amended his motion, seconded by N. Jansyzeski, to exclude Check #7919. The motion carried 4-0-1 with K. Gross abstaining.

A motion was made by K. Gross, seconded by J. Litzenberger, to pay Check #7919 approved last meeting for Stradley, Ronon, Stevens & Young.

The motion carried 3-2-0 with B. Keyser and N. Jansyzeski voting nay. After further discussion, the consensus of the Board was to void Check #7942.

 The fourth quarter payroll tax filings and W-2’s are completed.

The Township received notice and will be receiving DCED grant funding in the amount of $10,000.00 for improvements to Revere Park . Once payment is received, the money will be deposited into the Grants Checking Account.

Sen. Wonderling’s Office is reviewing the possibility of an additional $5,000.00 to be awarded for the Ealer Hill Project since it was a previously approved and funded project by the State.

The 98 th Annual Convention of the B.C. Association of Township Officials will be held at 9:00AM on February 18, 2006 at the Spring Mill Manor on Jacksonville Road . The cost is $50.00 per attendee. Please advise if anyone else would like to attend by January 31, 2006 .

We received notification from PSATS regarding the 84 th Annual State Convention. Please let Cathy know if anyone else would like to attend. She requested permission from the Board to write a check out of meeting for additional attendees.

Karla Aichele requested that the Board consider the possibility of her being able to use the Township’s mailing permit to send bulk mailings starting next year. Any financial issues would be worked out between the office and Ms. Aichele. This is based on a recommendation from the Tax Collector’s Office.

Cathy requested permission from the Board to advertise the meeting schedule once all the committee approvals have been received.

Prepared and copied to the Board is the December 31 budget review. In the General Fund, we have received 146% of projected revenues and have spent 59% of projected expenditures. Attached to this report is a General Fund Profit and Loss Statement as of December 31, 2005 – net income is $210,859.42 in the General Fund.

Bills are being presented in the General Fund in the amount of $20,496.06, $22,767.90 in the Escrow Fund, and $1,440.76 in the State Fund. We have $27,150.86 left in the checking account after payment of bills.

A motion was made by K. Gross, seconded by H. Gawronski, to adjourn the Board of Supervisors Meeting at 9:45 PM . The motion carried 5-0-0.

 Respectfully submitted,

Arlene E. Eichlin
Recording Secretary