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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
October 17, 2006

The regular scheduled meeting for October was held on October 17, 2006 in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:45 PM with a salute to the flag. Other members present: Supervisors H. Gawronski, B. Keyser and N. Janyszeski. Vice Chairman K. Gross arrived at 8:40PM. Solicitor, T. J. Walsh and Township Engineer, S. Baluh were also in attendance.

J. Litzenberger commented that the Board met in Executive Session from 7:20-7:45PM to discuss real estate and personnel.

SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.
2007 Budget Work Session will be held on Monday, October 30, 2006 at 7:00PM

MINUTES OF MEETING:
A motion was made by H. Gawronski, to accept the September 19, 2006 minutes as presented. A change was made to Page 3 of the minutes. T.J. commented that the following phrase in quotes should be added to this sentence: note on the plan or declaration restricting Lot #1 from further subdivision ‘of no more than two additional lots, and a note to restrict all other lots’ from further subdivision;   ‘Lot #10’ is removed. H. Gawronski amended his motion, seconded by B. Keyser, to add in the wording as noted above by T.J. The motion carried 4-0-0.

J. Litzenberger commented that K. Gross would be arriving late for the meeting.

Introduce Angelic Morales
J. Litzenberger introduced and welcomed Angelic Morales who was appointed as the new Township Treasurer. She joined the Township on September 25, 2006.

REQUEST TO BE ON THE AGENDA:
A. EAC – Update Groundwater Forum – S. Donovan – He noted that a regional EAC meeting, concerning Act 537, will be held on October 26, 2006 at 7:30PM at Springtown Fire House. S. Donovan brought the Board up-to-date on the Groundwater Forum that was held at Palisades High School. He is seeking comments from the Board and requested that S. Baluh assist him in working out any issues in the ordinance. J. Litzenberger thanked the EAC and the BNTJGWC for their work in this forum. The Board requested that the terminology in the ordinance be written in a way that everyone can understand. A motion was made by B. Keyser, seconded by N. Janyszeski, to have S. Baluh and S. Donovan move forward with a draft of the Groundwater Ordinance. T.J. was also directed to assist. Under discussion, it was noted that larger lots may be needed to comply with the calculations in this ordinance. The motion carried 3-1-0 with H. Gawronski voting nay. 
 
REPORTS:

1. ROAD REPORT – A motion was made by H. Gawronski, seconded by B. Keyser, to approve the September 2006 Road Report as presented. The motion carried 4-0-0. G. Housworth commented that they are progressing on their NIMS training. He also requested that the Bolens lawn tractor be sold or given away. It was the consensus of the Board to give the tractor away. J. Hall requested the tractor. B. Keyser commented that if the Road Department works for Township committees, they should be paid from that budget. It will be discussed at the Budget meeting. Another question arose about who stores property at Hidden Valley. E. Ridge is requesting two weeks vacation in February. It was the consensus of the Board to approve.

 
B. Zoning Report – P. Bent gave a summary report to the Board. Included in this report were eight residential permits, five commercial permits and one Zoning Hearing Board session for October 19, 2006 at 7:00PM at the Township Building. When asked by the Solicitor if The Board had any comments regarding the Zoning Hearing, they took no position. The Board requested that P. Bent contact the owners of Suburban Ford to remove tires that are still on the property.
 
C. Emergency Management – The liaison, N. Janyszeski, gave the report for T. Macfarlan. She commented that Harry H. Crohe from B.C. Emergency Management was the guest speaker at the October EMA meeting.

D. Environmental Advisory Committee – J. Petersen, EAC Chair, gave the report. The EAC is working on several projects including a proposed Flexible Development amendment to the zoning ordinance. They requested the status of the Township hiring a grant writer and of the proposed amendment to the Oil & Gas Ordinance. J. Litzenberger commented that A. Morales would be working on grants. T.J. is currently working on the draft amendment to the Oil & Gas Ordinance and will contact B. Baizel.

E. Open Space Committee – S. Tenney, Co-chair of the OSC, presented the report. The OSC will be touring property that is being considered for open space. She wanted to know if the Township has been monitoring Open Space property in the Township. The Board noted that there is no monitoring at this time.

F. Recreation Board – T. Keebler, Chairman gave the report to the Board. He presented the Board with a letter of interest from Charlotte McClintock to replace Shawn Overturf (2010). A motion was made by H. Gawronski, seconded by K. Gross, to appoint Charlotte McClintock to the Park & Rec Board. The motion failed 2-2-1 with B. Keyser and N. Janyszeski voting nay and J. Litzenberger abstaining. The Board agreed to hold the letter for a month and seek further letters of interest.
J. Litzenberger commented that Angie is familiar with Dream Weaver and noted that the site has been updated. He requested that a notice be posted on the website seeking letters of interest by November 5, 2006. T. Keebler questioned if N. Janyszeski had examined the printers draft of the Park & Rec Plan. She has finished her review and was fine with the corrections. E. Gawronski wanted to know if the Park & Rec Board could move forward with printing. It was the consensus of the Board to move forward.

G. Community Day Report – K. Gross, Chairman, commented that he will present a full report at the November Board meeting. A discussion continued which included requests for an inventory of all Community Day items purchased and private property being stored in containers/buildings located on public property. N. Janyszeski noted that, according to PSATS, private property cannot be stored on public property and, if they store for one, they must store for all. J. Litzenberger requested a report that includes an equipment list, a consolidated inventory list of what the Township owns for Community Day, and a separate list showing contents of the c-train containers. If the Board chooses, the containers may be inspected. He continued that once an inventory determination has been made that the containers are Township property, a key will be made available in the office.

PUBLIC COMMENT:
-Osmond Purcell commented about the no-hunting signs that were posted on County owned property. J. Litzenberger added that hunters have been calling regarding this issue. A. Eichlin will contact B. Mitchell, Director of B.C. Park & Rec this week.
-S. Tenney wanted to know if there will be a deadline for acceptance of letters of interest for committee members whose term is expiring this year. It will be on the agenda for the November meeting.
-A. Balogh noticed that the entire lot at Suburban Ford is encased in lights. The Board directed P. Bent to contact the owners and request a reduction in lighting.
-S. Donovan has noticed that hunters are also on the Revere Chemical Site. T.J. commented that the fenced area, including the cap, is excluded from hunting. The discussion continued and included hunting on Township property. B. Hanson commented it should be noted that this is a temporary agreement to hunt on this property.
-S.J. Reid voiced concerns about Eastern Blasting, Inc. and suggested that the Township investigate the company before issuing permits. She questioned if the gas company has applied for drilling permits for wells. T.J. commented that there is an ordinance and a conditional use would be required prior to any drilling.
-E. Gawronski commented that in spite of the early morning rain, over 1,500 people attended Community Day and three of the Supervisors were available for the dunk tank. Also Mr. Kelly is in attendance and his daughter won the girls bicycle. J. Litzenberger thanked all the volunteers for their assistance. A round of applause followed.

SUBDIVISIONS:
A. Sal Lapio Sub (Harrow Manor) grants an extension to January 31, 2007 – The Board acknowledged receipt of the Sal Lapio extension. T.J. commented this is their first extension for the Final Plan, they have Preliminary Plan Approval.

B. Park View Estates – grants a Sewage Facilities Planning Module extension to January 17, 2007–The Board acknowledged receipt of the Park View Estates extension.  

C. E. McArdle 5-Lot Subdivision, TMP# 30-11-33, Planning Modules only – S. Baluh commented that the Planners recommended the applicant not present this plan to the Board due to several outstanding issues, including the planning modules. A motion was made by K. Gross, seconded by H. Gawronski, to approve the Planning Module for the E. McArdle 5-Lot Sub TMP# 30-11-33. The motion carried 5-0-0.

D. D. Gross/Beaver Run 3-Lot Subdivision, TMP# 30-11-168, Planning Module only –
(Addendum) D. Gross/Beaver Run Subdivision grants an extension to March 1, 2007 –
A discussion ensued concerning the receipt of an extension after the deadline for setting the agenda. It was noted that should an applicant not grant an extension, a plan would be “deemed approved”. A motion was made by H. Gawronski, seconded by B. Keyser, to approve the Planning Module for the D. Gross/Beaver Run Subdivision TMP# 30-11-168. The motion carried 3-1-1 with N. Janyszeski voting nay and K. Gross abstaining. The Board acknowledged receipt of the D. Gross/Beaver Run Subdivision extension to March 1, 2007.

E. Glazier/Prime Properties – Discuss terms of Preliminary Plan Approval – T.J. commented that the Township received a letter from E. Tobin, attorney for the applicant, on October 10, 2006 in response to the Board’s approval which was memorialized by a letter of October 2, 2006 from his office rejecting several conditions that were attached to the Preliminary Plan approval. The developer is offering to withdraw his objection of the plan conditions, which would affectively deny the plan, if the Board would modify one of the conditions relating to the restrictions against further subdivision. The Board imposed a condition, specifically #18, which limited the lots to no further subdivision, except for Lot#1 (11+ acres), which the Board permitted earlier this evening to subdivide into no more than two additional lots. This lot has the potential for three additional lots. The developer also requested protection from future Zoning Ordinance or SALDO changes for a period of 5 years from the date of plan approval. That is the offer on the table for the Board. T.J. sent a letter to the Board with a list of options. If the Board is of a mind not to modify its approval, the developer’s next step, he believes, would be to appeal in court. K. Gross wanted to know what rights the Township has to deed restrict the lots. T.J. commented that it was done in concession of some waivers that were granted including, but not limited to, oddly configured lots and soil conditions. There is nothing in the SALDO at this time that would allow the Township to impose a ‘no further subdivision restriction’. If the applicant would decide to increase the size of the subdivision, they would have to resubmit plans and comply with current well, sewage, and stormwater requirements. E. Tobin commented that they would like condition #18 changed to permit a total of three additional lots rather than two. K. Gross noted the Ordinance allows 15 lots per cul-de-sac, the developer is requesting three additional. E. Tobin commented that they will withdraw their objections to the conditions, if the Board would consider allowing 13 lots, assuming they will approve the 10-lot subdivision. Changes to the lot lines would require a new submission of plans. A motion was made by K. Gross, seconded by H. Gawronski, to revise Condition #18 to allow the developer the addition of three lots. Lot #1 can be re-subdivided to create no more than two additional lots; Lot #10 can be re-subdivided to create no more than one additional lot. Lots #2 thru 9 will have no further subdivision. In consideration of this, the applicant is indicating a willingness to withdraw its rejection of the other conditions and accept the remaining conditions. E. Tobin requested a letter from the Township and, upon receipt, writes a letter to the Township withdrawing his prior letter and accepting all conditions. J. Litzenberger requested that the Board receive an e-mail of the letter for review prior to T.J. sending to the applicant.
The motion carried 5-0-0.

LAND DEVELOPMENTS:
A. Wehrung’s Group L/D, TMP# 30-10-35-1 – Preliminary/Final
      BCCD Review received 10/13/06
E. Pellegrino, engineer for the project, presented the Phase I plan to the Board. The Planning Commission at their meeting recommended that the Board approve the Phase I plan upon receipt of the BC Conservation District review. The waivers they are requesting are for Phase I only. The applicant is currently working with PennDOT to resolve issues. T.J. commented that an extension would be required for the Phase II portion of the plan. A motion was made by K. Gross, seconded by H. Gawronski, to approve the Wehrung Group Land Development, Phase I, TMP# 30-10-35-1 as long as the items in the Wynn Assoc letters of August 31, 2006 and September 26, 2006 are satisfied.
T.J. Walsh recommended the following additions to the motion: receipt of all permits and approvals from any agency having jurisdiction over the plan; address to the satisfaction of the Engineer any unresolved issues referenced in the EAC review letter; land development and financial security agreement; payment of all reasonable fees and costs incurred by the Township; recognize that the Board is granting only limited waivers and deferring waivers on the entire plan from Sections 196-506.4.A, cartway widening; 196-512, curbing; 196-513, sidewalks; 196-523.5.A, curbing in parking lot; 196-523.7.C, parking spaces within 20 feet of a building. K. Gross entertained the additional comments from T.J. as his motion, seconded by H. Gawronski. Additional work during Phase II, of the Land Development will require reconstruction of the stormwater basin. The motion carried 5-0-0.

B. (Addendum) T. Rakowsky L/D – The planners at their 10/3/06 meeting recommended denial of the Plan due to lack of progress by the applicant. T.J. recommended that the motion to deny include the following: SALDO Code violations and other code violations as set forth in the Township Engineers most recent review letter of March 30, 2005 and the B.C. Planning Commission letter of April 8, 2005. B. Keyser entertained that as his motion, seconded by K. Gross, include also ‘due to lack of extension requests by the applicant’. The motion carried 5-0-0.

RELEASE OF ESCROWS: None

OLD BUSINESS:

1. Newsletter – update – A. Eichlin commented that articles have been received from committees and will be forwarded to Shadywood Communications. She requested articles by Wednesday, October 25, 2006.

NEW BUSINESS:
A. Proposed 5K Running Course – May 5, 2007 – F. Kelly of the Palisades Community Foundation (PCF) is proposing a 5K race for Saturday, May 5, 2007 to support Athletic/Community Development with the Palisades School District, underwritten by the PCF. He is seeking approval from the Board to close several miles of roads for approximately 30 minutes. They would like to hang a promotional banner across Church Hill Road to promote the race and sponsors. The Board suggested portable signs. Approval would be needed from PennDOT and the Pennsylvania State Police (PSP). A motion was made by J. Litzenberger, seconded by K. Gross, to approve the May 5, 2007 running of the PCF 5K race. The motion carried 5-0-0. With this approval, the Foundation can now contact PennDOT and the PSP.

SOLICITOR’S REPORT:  
412/563 Traffic Light – T.J. commented that the time period for any appeals and/or objections to the official filings for filing the eminent domain and friendly easement acquisition has expired. A motion is required in order to file the stipulations with the court so the agreed upon amount can be disclosed to the public. A motion was made by K. Gross, seconded by B. Keyser, to approve the stipulation agreements resolving the action involving the Freeman’s ‘friendly condemnation’. The motion carried 4-1-0 with H. Gawronski voting nay. It was noted by S. Baluh that PennDOT is agreeable to the changes at the intersection.

-B. Keyser discussed the ramification of two Supervisors having keys for the containers at Hidden Valley. T.J. commented that the Board needs to set a policy for possession and use, much like the one set for the Revere Chemical Site. According to PSATS, if keys are not under the direct control of the Township they will not be covered by the Township insurance policy.   K. Gross suggested that any group who needs to use items in the containers should come before the Board with their request. J. Litzenberger requested a volunteer from the Board to review the key policy. N. Janyszeski offered to review the key policy.
-C. McClosky commented about the amount of traffic that is using the SR611 corridor. She requested that when projects, i.e. subdivisions, come into the Township that the Board considers how this affects traffic. T.J. commented that depending upon the size of the project a traffic impact study is required, and PennDOT is contacted for further input.

TREASURER’S REPORT:
A. Budget Work Session Date – The Board set a date of Monday, October 30, 2006 at 7:00PM for the 2007 Budget Work Session and directed the Secretary to advertise. They added that other Township business may be discussed.

Requests:
Permission to pay A.M.S. bill for the 2006-2007 Bituminous Seal Coat Job. There were the following discrepancies with invoice No. 499 and Bond. The Bid amount and the actual billed amount were different. After research and discussion with Road Foreman the adjusted amount reflects the correct square footage. BID amount: $133,078.788 (67,032 sq yds). Billed amount: $140,356.46 (71,647 sq yds) the difference $7,277.68. A motion was made by K. Gross, seconded by H. Gawronski, to pay A.M.S. the difference of $7,277.68 out of the State Fund. K. Gross revised his motion, seconded by H. Gawronski, to pay A.M.S. the amount of $140,356.46 out of the State Fund. The motion carried 5-0-0.

Permission to pay for the QuickBooks Upgrade package of $399.00. This amount will be charged every year and all the upgrades to both parts of the software are free. It was the consensus of the Board to table until the budget work session.

Permission to pay for new cell phones for Road Crew (4) EMC (1). The costs will be approx. $99.00 per phone. It was the consensus of the Board to table until the budget work session.

Permission to pay the annual dues to the American Chestnut Foundation. We have been members since 2004. The annual amount is $40.00. It was the consensus of the Board to pay the annual dues of $40.00.

Permission to pay P. Keyser reimbursement expenses as outlined in her letter dated October 10, 2006. The amount is $89.07. It was the consensus of the Board to amend the bill list and add the $89.07. The Board noted that any committee needing supplies for Community Day should bring their list to the office and normal purchase order procedures will be followed.

Permission to TRANSFER Funds to General. Proposed amount to be transferred $30,000 plus 10% to cover estimated from amounts of 10/2005 ($29,568.13). A motion was made by H. Gawronski, seconded by K. Gross, to transfer $20,000.00 from the High Yield Money Market Fund to the General Fund. The motion carried 5-0-0.

Prepared disbursements of the 2006 Volunteer Fire Relief Association totaling $33,395.88 as follows:
Ottsville     65% - $21,707.32                  UBE         7% - $2,337.71
Riegelsville  27% - $9,106.89                   Delaware V. 1% - $333.96
J. Litzenberger commented that the percentage of calls from the prior year will dictate the amount of money disbursed to the Fire Companies.

Prepared allocation and payment of PMRS (pension) funds in the amount of $11,623.00 + $240.00 Admin. + $1,189.60 (will be rolled into pension) = $13,052.60 (Grant Amount).

In the General Fund, we have received 101% of projected revenues and have spent 36% of projected expenditures. Attached in the monthly cash balances, bill list, checking and YTD P & L. net income is $219,209.00 in the General Fund.

Bills are being presented in the General Fund in the amount of $70,071.06; $9,805.74 Escrow and $140,356.46 out of the State Fund.

We have $3,638.79 left in the checking account after payment of bills.
We have $127,156.74 left in the escrow account after bills and releasing funds.
We have $105,997.97 left in the State account after payment of bills.
A motion was made by K. Gross, seconded by H. Gawronski, to accept the Treasurers Report as presented. The motion carried 5-0-0.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the bill list with the following additions, Patti Keyser for $89.07 and E. Kemble for $80.00 for a total of $70,240.13. The motion carried 4-1-0 with N. Janyszeski voting nay.

The Christmas Party will be held on Friday, December 15, 2006 from 4-7 PM. It was the consensus of the Board to send out invitations to Committee Members and volunteers.

The Rabies Clinic was held at the Township Building on October 7, 2006. Arlene and Angie would like to thank Dr. Peterson, his assistant Fran along with C.C. Hopf, E. Gawronski, and L. Race for volunteering their time. Total donations received, $77.00, was deposited in the Recreation Fund.

-K. Throckmorton questioned if D. Schriml was in the office looking for well information. She wanted to know if the Secretary’s time could be charged when looking for paperwork. J. Litzenberger will discuss with T.J.
 
K. Gross left the meeting at 10:50 PM.

A motion was made by H. Gawronski, seconded by B. Keyser, to adjourn the Board of Supervisors Meeting at 11:00 PM. The motion carried 4-0-0.

Respectfully submitted,

Arlene E. Eichlin,
Township Secretary