• EMERGENCY: 911
• STATE POLICE -
  NON-EMERGENCY:
  215.249.9191

610.847.0911
Directly to Dublin Barracks

YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
December 19, 2006

The regular scheduled meeting for December was held on December 19, 2006 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 N. Janyszeski. Solicitor, T. J. Walsh was also in attendance.

Chairman J. Litzenberger commented that the Board had met in Executive Session from 7:00PM to 7:45PM to discuss Real Estate and Personnel.

SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.
Correction: The EAC will meet on Thurs. Jan 11, 2007 @ 7:00PM

MINUTES OF MEETING:
A motion was made by H. Gawronski, seconded by K. Gross, to approve the November 21, 2006 minutes as presented. The motion carried 5-0-0.

REQUEST TO BE ON THE AGENDA:
J. Litzenberger commented that there is a change to the agenda. G. Pearson, URBREMS, will be A. followed by the Andre request.
A. G. Pearson UBREMS - He commented that a letter had been sent to all municipalities requesting additional funding. UBREMS adopted a budget last evening, but he did not bring the information to the meeting. He did not have time to make copies. The Board requested the information as soon as possible. The total budget for 2007 is approximately $770,000.00. Springfield will initiate the Emergency Services Tax of $52 for a total of $60,200 it does not include the use of the building; Tinicum will increase millage in order to meet their funding of $52,800. Transport service - none provided due to the lack of hospital services in the area.
-J. Litzenberger commented that the Township received a check from Turkey Hill in the amount of $10.000.00. This check will be dispersed as follows: Ottsville Fire Company, $7,500.00; UBREMS, $2,500.00.
B. Andre - Shared Driveway Concerns - J. Litzenberger noted that the Board will entertain comments from the owners of the property only. T. Andre thanked the Board for hearing their concerns. She referred to her letter of December 6, 2006 regarding the shared driveway issues between herself and Ms. Marciano. The letter contained the following issues: default of the signed Township contract agreement for use of this driveway; excessive speed in which stones are kicked up from the vehicles; no bills have been paid for upkeep of the driveway (potholes), pictures and dates are available for review; two checks were forthcoming several years ago, none recently; currently there are outstanding bills of $4,000.00 for driveway upkeep. T. Andre has a son, with hemophelia, who is unable to walk along the driveway due to the speed, and the dogs that are running loose on her property. The Andre's no longer want to have this shared driveway. They believe that Ms. Marciano is not complying with this agreement. The Andre's gave pictures to the Board.
Ms. Marciano commented that she has been living at 33 School Drive since 2002. She and her husband maintained the driveway before and after the Andre's bought the adjoining property. She has never seen anyone do any work on the driveway, never been presented a bill, nor has she been asked to make any payments. The declaration states that 'any repairs/maintenance of the common driveway has to have the consent of both owners’ (Lots 1 and 2). No one has ever asked her about it, have maintained it. She also commented that J. Andre cut down some trees on his own from the lot next to her property. J. Andre advised her ex-husband of his decision to do this, and they had no problem. This had nothing to do with her property. The Township did clear some areas in the site triangle. She is in litigation with the neighbors (on the other side of her) and could not remove the trees. There is a 25' strip of land that is contested as to ownership.
The mailbox at the end of the driveway is now a concern.
When on the driveway the vehicle speed is 20MPH or under, no one drives fast. It is also used by construction vehicles and dump trucks owned by J. Andre. It can be a problem for two vehicles to pass, due to the trees on the side, one car may have to leave the stoned area. The neighbor's (Alessi's) have put in a pull off area for cars. This is still part of the 50' easement. T. Andre and J. Andre have both pulled off the driveway in order to allow someone to pass. K. Marciano commented that if the Andre's no longer want to have a shared driveway, they can take on that expense themselves. She noted that some of the friends of the Andre's daughter do drive fast when coming into the driveway.
K. Marciano bought that home under the assumption that that was an easement. She noted that she has maintained the driveway. She takes care of her property, thinks the problem has occurred after husband left. She wants to live a quiet life.
There is something in the letter about the snowplowing of the driveway she does have a contractor who does this work pro bono. Why would she pay J. Andre when this is already done?
T. Andre believes that K. Marciano should be responsible for her side of the driveway, and gave additional comments about the driveway situation
J. Litzenberger directed the Solicitor to review the documentation and formulate a letter regarding the driveway. There appears to be litigation between these parties.
T. Andre commented that they would be willing to split the driveway. She also asked the Board if her minor son, Tyler, could say a few words. Tyler commented that he heard once that they were harassing his sister on the driveway with a knife. He added that he can not go on the bus because he is afraid that the cars will come fast out of the driveway.
When asked by B. Keyser if there is enough area for two separate driveways P. Bent commented that he would rather not answer without looking into it further.
J. Andre commented that he was asked by the Road Foreman to move his mailbox away from the side of the road (this was not in their complaint letter). If this is code then everyone should adhere to the ordinance.
K. Marciano had pictures taken of her property and the Board requested additional copies for the Township.

REPORTS:

1. ROAD REPORT – A motion was made by H. Gawronski, seconded by K. Gross, to accept the October 2006 Road Report as presented. The motion carried 4-0-0. G. Housworth gave a short road report to the Board. It was noted that waylite (anti-skid) will no longer be produced and another provider will have to be found. It was noted that nine bids were received for the Stream Bank Stabilization ranging from $86,456.25 to $258,568.00. A. Eichlin commented that the bids were open on December 18, 2006 and that S. Baluh will be sending recommendations to the Board.

 
B. Zoning Report – P. Bent read the zoning report to the Board. Three Zoning Permits and two Building Permits have been issued since the last meeting. A total of 102 permits have been issued thus far in 2006. The used tires located at the former Suburban Ford Lot, 8364 Easton Road, have been removed. An enforcement notice is pending for 8476 Easton Road. An investigation reveals that numerous unlicensed vehicles, among other items, were on this one-half acre property. A motion was made by H. Gawronski, seconded by K. Gross, to accept the Zoning Report as presented. The motion carried 5-0-0. With regard to the 'replacement' of the silt fence at the Cobbler L.P. Subdivision, the applicant has been contacted by H. Gawronski. There has been no response. The Board directed the Zoning Officer to inspect the property and take appropriate action. 
 
C. Emergency Management – No report. There was no December meeting.
D. Environmental Advisory Committee – J. Petersen, EAC Chair, gave the report. They have completed a site review of the Benedict Subdivision, a review letter will be sent to the Planning Commission.

E. Open Space Committee – L. Gaul, co-chair, gave the OSC report to the Board. They have received three applications from residents interested in having their property put into Open Space. An appraisal was received from one of the property owners and they are awaiting a Township appraisal. Information will be sent to the Solicitor from the OSC in order to complete a Township appraisal. The Board discussed the proposed Millage Freeze Ordinance that may be enacted by Springfield Township for properties that contain open space easements. A motion was made by B. Keyser, seconded by K. Gross, to direct the Solicitor to (prepare) move forward with an Act 153 Millage Freeze Ordinance on real estate in Nockamixon Township for those properties having conservation easements acquired in accordance with the Agricultural area security law et al. Under discussion, H. Gawronski commented that he would like to know the tax revenue impact on the Township. K. Gross asked the OSC to locate all the properties that would be affected. The motion carried 4-0-1 with H. Gawronski abstaining. L. Gaul requested an amount be included for 'real estate' acquisitions in the budget. The Board commented that this will be addressed in 90 days.

F. Recreation Board – T. Keebler, Chairman had no report for the Board.   

-J. Litzenberger wished everyone a Merry Christmas and Happy New Year. He thanked all the Committees for their hard work during the past year.

PUBLIC COMMENT:
-J. Manduke, principal scientist for the EIC Environmental Group, introduced his company to the Board. They are working mainly with general environmental engineering and environmental assessment in land acquisition and development. His specialty is groundwater, wells and hydro-geology. eicenvironmental.com (website). He will forward marketing information to the EAC.
-S. Mendelson - interest has been expressed for a Township wide awareness and possible discussion about global warming at the Planning Commission brings up the possibility of doing something to bring discussion in our area, maybe the showing of the A. Gore movie. There may be something that can be done on the Township level to heighten awareness through education.
-J. Gustafson commented that he lives near Suburban Ford and is grateful that the lights have been lowered. Encourage that the Township continue to enforce these ordinances.
-A. Balogh suggested the EAC request permission to show the A. Gore Movie as an educational session at the High School.
-S. Donovan requested comments from the Board regarding the letter that he sent updating improvements that have been accomplished at the Quarry. N. Janyszeski commented about the due diligence that the quarry is taking. He also commented that the quarry may consider moving outward vs. deeper and the affect on the surrounding community.
-E. Kemble noted that two months ago K. Gross was instructed by the BOS to take an inventory of what is in the containers at Hidden Valley. K. Gross will have a list by the 01/02/07 reorg. meeting.

SUBDIVISIONS:
A. McArdle 5-Lot Subdivision grants extension to April 4, 2007
The Board acknowledged receipt of the extension.

B. Nockamixon Crossing Shopping Ctr grants six-month extension to
      June 20, 2007. The Board acknowledged receipt of the extension.

C. Cobbler Road L.P. Subdivision grants extension to March 26, 2007
The Board acknowledged receipt of the extension.
 
D. Falco Subdivision – Amended Final Plan
E. Pelligrino, engineer for the plan, T. Heeney, attorney for the applicant, Mr. Brown and Mr. Falco were all in attendance. The land that is in Nockamixon Township has been sold and is no longer owned by the applicants. They will be withdrawing the plan and requested a letter from the BOS indicating that they no longer have to meet the conditions of the Solicitor's approval letter of June 24, 2006, and a reprieve from the $3000.00 fee in-lieu-of for the second lot road improvements fees. A driveway permit will be obtained from Nockamixon Twp. for the existing driveway which has an easement, and pave to the right-of-way. K. Gross commented that if the driveway is servicing two lots, then the Twp should not waive the fees. T. Heeney commented that the pre-existing shared driveway that egresses onto Lonely Cottage Road has been there for many years. The applicant proposes to keep the property ‘as is’ as much as possible and maintain the existing driveway rather than creating another for the resulting lot with the least amount of environmental impact as possible. An easement has been acquired from the owner of the small parcel for the driveway. The Board was concerned with the amount of traffic that would be using Township roads. T.J. Walsh recommended that a note be placed on the plan advising that there are problems with the driveway, the aprons, water runoff and the Township has the right to seek a remedy to repair. A motion was made by K. Gross, seconded by B. Keyser, that the final plan be amended to withdraw all the conditions except for the payment of the $3000 road improvement fee and a note be added to the plan that if the apron, stormwater drainage or other problems persist that the Township have a remedy to come after the property owner for payment of the bills. The motion carried 5-0-0.

LAND DEVELOPMENTS:

1. Gartner Building Group-Land Development – TMP# 30-11-97 – Final

E. Pelligrino, engineer for the plan, and the applicant, Joe Gartner were in attendance. The main concern of the Board was the trailers that were situated on the property. They were removed per the request of the Board. E. Pellegrino commented that the fire company has been contacted and a lock box will be placed on the property for emergency access. A stone pad will be installed, near the dumpster, in order to access the rear of the property. A motion was made by K. Gross, seconded by H. Gawronski, to grant final approval to the Gartner Building Group-Land Development Plan, Rte 611/Tabor Road, TMP# 30-11-97 as recommended by the Township Solicitor, subject to the following conditions: receipt of all permits from any agency with jurisdiction over the plan, compliance with the Township Engineer’s November 1, 2006 letter; compliance with all conditions of the October 6, 2006 preliminary plan approval by the Board of Supervisors, deed of dedication for the ultimate right-of-way of Tabor Road, stone will be installed on the West side of the building per the request of the fire company; septic tank can be pumped; payment of all reasonable fees; land development financial security agreement; declaration incorporated and conditions of the preliminary plan approval. K. Gross entertained the Solicitor’s comments as his motion. The motion carried 5-0-0.

RELEASE OF ESCROWS:  
A. Harrington Subdivision – Voucher #2 - $7,628.00 – payable to Robert Harrington
A motion was made by K. Gross, seconded by H. Gawronski, to release the escrow for the Harrington Subdivision, Voucher #2 in the amount of $7,628.00 payable to Robert Harrington. The motion carried 5-0-0.

OLD BUSINESS:

1. Adoption of the 2007 Budget

A motion was made by K. Gross, seconded by B. Keyser, to adopt the 2007 Budget provided that the Board revisit in three months (4/1/06) to resolve several issues. The Board discussed how funds could be appropriated for emergency services, either through a millage increase general funds, or by the enactment of the EMS tax up to $52.00. The motion carried 4-1-0 with H. Gawronski voting nay. J. Litzenberger directed the Treasurer to contact the EIT office and request the number of current employees that work within the Township.

1. Rt 611/412 – Loop Sensor Repair

It was the consensus of the Board to have the Secretary call Steve Baluh to contact the electrical contractor to repair the loop sensor at this intersection.

1. Proposed Rezoning – Public Hearing Date (End of February)

T.J. commented that due to the amount of paperwork and property posting involved with the rezoning, he requested that the Board schedule a public hearing for later in February. After speaking with the Secretary, he preemptively requested that the School District be contacted for available dates. Three dates were proposed, Thursday, February 22, Tuesday, February 27 and Wednesday February 28, 2007. It was the consensus of the Board to have the Secretary contact the school district to confirm the hearing date of Tuesday, February 27, 2007 at the PALMS auditorium.

D. Revised Amendment to Nockamixon Township Recovery of Subsurface Oil and Gas Deposits. J. Litzenberger commented that the Planning Commission at their December meeting had recommended the adoption of comments presented by B. Baizel. A motion was made by J. Litzenberger, seconded by B. Keyser, to take the recommendation of the Planning Commission and revisit the comments that were omitted in the current revised amendment. The motion carried 4-1-0 with H. Gawronski voting nay.

NEW BUSINESS:

1. Approval of 2006 Annual Filing of MS-965 (State Fund) Report

A motion was made by K. Gross, seconded by H. Gawronski, to approve the filing of the 2006 Annual MS-965 (State Fund) Report. The motion carried 5-0-0.

1. Request to advertise for January 2007 Reorganization Meetings – Del Val News

      Petroleum Product Bids and Open Space Meeting
A motion was made by K. Gross, seconded by H. Gawronski, to advertise for the January 2007 Reorganization Meetings in the Del Val News. The motion carried 5-0-0.
A. Eichlin commented that the Del Val News was incorrect, that the ad runs twice and should be run in a daily newspaper. A motion was made by K. Gross, seconded by H. Gawronski, to repeal his motion for the January 2, 2007 Reorganization meetings in the Del Val News and to approve advertising in the Daily Intelligencer. The motion carried 5-0-0.  A motion was made by K. Gross, seconded by H. Gawronski, to advertise the Petroleum Product Bids, the Open Space Planning Commission and the Meetings in the Daily Intelligencer. The motion carried 5-0-0.

C. Computer Repairs – It was the consensus of the Board to contact Tom Wargo of Affordable Computer Repair to make the necessary repair to A. Eichlin’s computer.

D. SECTV – Extension of Franchise Agreement 2007 – Resolution to Extend.
A motion was made by K. Gross, seconded by H. Gawronski, to approve Resolution #12-19-2006, the extension of the SECTV Franchise Extension Agreement through December 31, 2007. The motion carried 5-0-0.

J. Litzenberger commented that the Cell Phone Policy noted in the Treasurer’s Report will be addressed at the January 2007 BOS meeting under New Business.

SOLICITOR’S REPORT: 
A. Harrow Station – Settlement Agreement
T.J. commented that the settlement agreement is now available for the Harrow Station gas tank vault conditional use litigation. A motion is needed to approve and adopt. A motion was made by H. Gawronski, seconded by K. Gross, to approve the Harrow Station/Glenn Neebe settlement agreement. The motion carried 4-0-1 with N. Janyszeski abstaining. This agreement stipulates that he can now use concrete vaults for regulated gas tanks, it now meets the amended ordinance.

T.J. updated the Board with regard to the Hanson Aggregates Rezoning petition that was filed with the Township. Correspondence has been received from Hanson responding to the Township Engineer’s letter of August 29, 2006. The Hanson office has also been contacted several times and advised that Bucks County requires an application and a fee prior to a review of their rezoning request.
 
TREASURER’S REPORT:
A. TreeVitalize Municipalities Program – Incentive Grants
Permission to pay all monthly bills for December 2006.

Annual Contributions: The 2006 Donations are distributed as follows: Ottsville Fire Company–Final 2006-$10,750.00, Upper Black Eddy–2006-$2,500.00, Riegelsville–Final 2006-$5,500.00, Eastern Upper Bucks Senior Center–Final 2006-$1,500.00. Total Annual Contributions $38,000.00

A $5,000.00 check was received from FEMA/PEMA and has been deposited with the rest of the funds for the 2005 Kintner Hill project in the “Grant Account”.

Permission to move forward with the garage door installation. The Board reviewed the following four proposals received for the garage doors:
      - Richard J. Miller & Sons, Inc.
      Three doors Standard Steel insulated w/installation   $6,594.00
      These doors provide air tightness, efficient thermal
      Breaks and incomparable sturdiness; they come installed
      with double hinges for extra durability. The G-5000
      Standard model is practical.
      - J & A Doors
      Three doors insulated installed                       $8,703.00
      The highest bid, doors were comparable.
      - All Type Garage Doors
      Three doors insulated installed                       $7,508.00
      These are manufactured in Bristol, PA.   
      - Monarch Door Company
      Three doors insulated installed                       $6,150.00
      Did not provide type of door quoted.
A motion was made by K. Gross, seconded by H. Gawronski, to have All-Type Garage Doors install the garage doors at a cost of $7,508.00, with the stipulation to confirm the warranty information. The motion carried 5-0-0.

Permission to hire contractor to install 290 gallon Skid Tank with meter.  K. Gross commented that Wehrung’s sell above-ground fuel storage tanks and wanted to know if Wehrung’s could be contacted for a bid. A. Morales noted that some installers would not consider installation due to the close proximity to the building.
The following proposals were received by the Township:
      - Dale Wood Fuels a/k/a Altemos/Atlantic Fuel
      300 Gallon Dbl Wide Skid Tank installed               $3,295.00
      Highest proposal does not include electrical work
      Includes one year parts & labor warranty
      - Stem Brothers, Inc.
      290 Gallon Skid Tank installed                        $2,017.00
      Lowest proposal, but does not include electrical
      Work, includes one year parts and & labor warranty
      - Farm & Home Oil Co.
      290 Gallon Skid Tank installed                        $2,474.21
      Higher rate, includes electrical work and one
      Year parts & labor warranty
A motion was made by K. Gross, seconded by H. Gawronski, to move forward with the recommendation by G. Housworth of Stem Bros. for a 290 Gallon tank. Cost not to exceed $2,300.00, their proposal does not include electrical work. The motion carried 5-0-0.

Information – Chart of accounts for 409.12 “wages” Zoning Hearing Board members wages were charted in error, they should be charted to 414.13 “ZHB members”. This is why the YTD amount of $3,882.00 outlined in the Budget seemed high. The Township Constable should be the only wage charted to 409.12, the correct amount of $3,432.00 as of October 30, 2006 and YTD is $3,744.00.

J. Litzenberger commented that the elected auditors will be doing an audit of the Township books beginning January 1, 2006, since no audit was done when C. Gorman left on March 31, 2006. He will also contact Styer & Associates and Hutchinson for letter of interest with quotes by the end of next week.

GRANTS
A total of $25,000 will be awarded in each of the four Southeastern PA counties who apply for the grant application to encourage municipalities to incorporate tree cover in your planning and programming. The grant application deadline is January 15, 2007. Ninety percent of the grant will be awarded at project approval; the balance will be paid upon completion of the project and submission of final report and receipts. It was the consensus of the Board that A. Morales proceed with the application. It was noted that a survey is needed from the Board members before the end of December.

Information – The new telephone system was installed by J & B Communications on December 11, 2006. When calling into the Township Office please listen to the prompts. The office is currently experiencing problems with the prompts, and it should be repaired shortly.

K. Gross left the meeting at 10:15PM

Request – the BOS was provided the 2007 Health Benefit Proposal on December 4, 2006 for review. A. Morales requested direction from the Board. If a decision is not forthcoming it will be necessary to pay the 2007 rates for Blue Cross. This information is comparable to the Health Benefits currently provided to employees. After a lengthy discussion, it was the consensus of the Board to request that A. Morales have the employees fill out the paperwork and submit to United Health Care under the LGA5E plan.

Discussion/Request – Cell Phone Policy – would like to know if any of the Board members had any changes to the previously drafted policy.

Discussion/Request – Cable Franchise Survey needs the Boards completed copy of the Survey that was distributed on December 4, 2006.

Permission to transfer $30,000 to cover the bills and expenses for the end of the year and PR for the first half of January 2007. A motion was made by J. Litzenberger, seconded by H. Gawronski, to transfer $30,000 from the High Yield Money Market Fund to the General Fund. The motion carried 4-0-0.

-J. Litzenberger requested that a check for Ottsville Fire Company be added to the bill list for $7,500.00 (from Turkey Hill). In addition, a check for payment to the USPS for $384.72 postage for the Township Newsletter. New bill list total is $61,647.08. A motion was made by H. Gawronski, seconded by B. Keyser, to approve the bill list including the additional payments. The motion carried 4-0-0.

A motion was made by H. Gawronski, seconded by N. Janyszeski, to approve the December 19, 2006 Treasurers Report as presented. The motion carried 4-0-0.

We have ($5,578.27) left in the checking account after payment of bills.
We have 109,982.08 left in the escrow account after bills and releasing funds.
No bills to pay out of the State account.

A. Eichlin commented that the 85th Annual PSATS Convention will be held April 22-25, 2007. Anyone wanting to attend should contact her.

A motion was made by H. Gawronski, seconded by B. Keyser, to adjourn the Board of Supervisors Meeting at 10:50PM. The motion carried 4-0-0.

Respectfully submitted,

Arlene E. Eichlin,
Township Secretary