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MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS

October 16, 2007

The regular scheduled meeting for October was held in the Township building in Ferndale, PA. Vice-Chairman K. Gross opened the meeting at 7:35 PM with a salute to the flag. Other members present were Supervisors H. Gawronski, B. Keyser.   Chairman J. Litzenberger and Supervisor N. Janyszeski joined the meeting at 7:45 PM. Solicitors T. Clemons and S. MacNair were also in attendance.

Vice-Chairman K. Gross commented that the Board was in Executive Session from 6:45 PM to 7:35 PM to discuss Personnel.

SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.
One correction: The monthly EAC meeting will be held on Thursday, November 8, 2007 @ 7:00 PM

MINUTES OF MEETING:    
A Motion was made by H. Gawronski, seconded by B. Keyser, to approve the September 18, 2007 minutes as presented. The motion carried 4-0-1 with K. Gross abstaining. He did not attend the meeting.

REQUEST TO BE ON THE AGENDA:
A. K. Schneider – Open letter to Board of Supervisors – K. Schneider read the letter into the minutes. The Board acknowledged receipt of the letter

J. Litzenberger commented that it was the consensus of the Board to request that Committees send in their reports, action items or minutes the Thursday prior to the monthly Board of Supervisors meeting. The Board will read and take action as required.

ROAD & COMMITTEE REPORTS:
A. Road Report – G. Housworth gave a report to the Board. He requested permission from the Board to have the driveway seal-coated. A motion was made by K. Gross, seconded by H. Gawronski, to spend up to $1,000.00 to have the Township driveway seal-coated. The motion carried 5-0-0.
H. Gawronski commented that three quotes have been received for trailers to move township machinery and they are as follows:
      Plasterer Equipment Company, Inc.
            2006 Eager Beaver 10HDBPT Trailer
            10 Ton, Electric Brake              $ 9,900.00
      Earthborne, Inc.
            2008 Interstate 20DT Trailer        $ 9,950.00
      Eagle Power & Equipment  
            Eager Beaver 10 HDB-PT              $13,500.00
After a discussion with G. Housworth, it was noted that the trailer best suited for their needs would be the one from Earthborne, Inc. A motion was made by H. Gawronski, seconded by K. Gross, to purchase the twenty foot, 10-ton capacity trailer from Earthborne, Inc. at a cost of $9,950.00. Under discussion, the Board noted that the six foot extended ramps are included in this price. The motion carried 5-0-0. B. Keyser confirmed with the Roadmaster that this trailer will accommodate the paver. A motion was made by H. Gawronski, seconded by B. Keyser, to accept the September Road Report as presented. The motion carried 5-0-0. H. Gawronksi thanked the Road Crew for their assistance during Community Day. A sign has been posted at the gate for Hidden Valley advising that anyone who needs to enter the property should contact the Township and obtain the key.  
 
B. Zoning Report –   A motion was made by K. Gross, seconded by H. Gawronski, to accept the monthly Zoning Summary as presented. P. Bent is currently investigating a complaint at the Conrad Property on Quarry Road. Four Residential and one Non-
Residential permits have been issued this month. The motion carried 5-0-0.

C. Emergency Management – E. Mocarsi, Emergency Management Member, gave the monthly report. Emergency Management has received a request from a minor to join. A. Morales was directed by the Board to contact the insurance company and consult with the solicitor. He requested permission from the Board to purchase a new analog phone. A motion was made by H. Gawronski, seconded by B. Keyser, to replace the analog phone at a cost not to exceed $100.00. The motion carried 5-0-0.  

D. Environmental Advisory Committee – J. Peterson, Chairman, gave the report. They will be reviewing the E. McArdle Subdivision. The Park View Estates Operation & Maintenance agreement has been reviewed and they are awaiting a response from the applicant. They will respond to the letter from S. Baluh regarding the proposed Flexible Development Ordinance and requested an update on the proposed Well Protection Ordinance. S. MacNair has revised about 90%, but he is awaiting further review from S. Baluh. It was noted by the Solicitor that the Proposed Well Ordinance would be available for the November 7, 2007 Planning Commission.

E. Open Space Committee – S. Tenney, co-chair, gave the report to the Board. She commended the Community Day Committee for the successful day. She discussed several items including rules and the pending budget. If the Open Space Referendum passes, K. Gross wanted to know what percentage the Township would receive and can it be incorporated into the 2008 Budget? T. Clemons noted that not all of the funds would be earmarked for Township Municipal Funds. It was the recommendation of the OSC that the Board forward a letter to the County Commissions supporting the upcoming referendum. It was the consensus of the Board to have the Secretary send a letter of support to the Bucks County Commissioners for the Open Space Referendum.
It was the consensus of the Board to have the OSC encourage open space easements and investigate the properties contained in the K. Schneider letter.

F. Recreation Board – Chairman, T. Keebler, requested that the Board of Supervisors issue a purchase order or a deposit check for Dutchway Buildings for $2,000.00 for the sealed drawings so he can move forward with the permits. A motion was made by K. Gross, seconded by H. Gawronski, to issue a Purchase Order to Dutchway Buildings. Issue an out-of-meeting check for the deposit of $2,000.00. The motion carried 5-0-0. T. Keebler turned the meeting over to B. Naska. A trolley track has been donated to the Township from Durham Township. He commented that perhaps a monument could be erected in Rapp Creek Park acknowledging the trolley that once traveled through Nockamixon Township. The Park & Rec Board inspected the Gorham property and community volunteers will be donating their time and/or material. He is requesting permission from the Board to move forward with repairs to the barn. The Board was concerned with Township insurance and liability issues. T. Clemons commented that the insurance carrier should be contacted and confirm that this activity comes within the scope of the general liability policy. A list of volunteers working on the project should be presented to the Township. Some items will be taken off-site for repair. The Board directed A. Morales to contact the insurance company and advise the Board of their response at the next meeting.

G. Community Day – C. Hall, Chairman, gave the report. He thanked the Board and all the committees for their participation in Community Day. A final report will be available at the November meeting. The Board thanked everyone who participated in Community Day and requested the number of attendees. Due to a miscommunication, there was no count available. H. Gawronski commented that L. Cooper gave the Township a generator for Community Day and other uses. He is requesting that the Board approve the purchase of two additional generators at a cost of $1,000.00. After a lengthy discussion, the Board tabled until the final Community Day report. E. Gawronski thanked all the Township Committees for the outstanding jobs they do, and commented that they are getting better each year.

H. Newsletter – A. Morales commented that there will be a draft copy for Board review at the December Board meeting for the January printing.

I. Treasurer’s Report –
Permission to pay all bills on the bill list 10/2007.

Approve Budget Meeting Minutes of September 26, 2007. The Board tabled until the next Budget Meeting.

STATE FUND - Permission to pay AMS for the 2007-2008 Bituminous Seal project in the billed amount of $159,011.48, which represents 66,532 Square yards of Double Bituminous Seal Coat at 2.39 per sq. yd. The original bid came in at $162,998.00 at 2.39 per Square Yard for 68,200 square yards. A motion was made by K. Gross, seconded by H. Gawronski, to pay the Asphalt Maintenance Solutions bill in the amount of $159,011.48 from the State Fund for the Bituminous Seal Coat Project. The motion carried 5-0-0.

Donations - 2007 VFRA allocation in the amount of $37,292.34 for the fire companies. The allocation will be as follows: 65% Ottsville $24,240.03; 27% Riegelsville $10,068.93; 7% UBE $2,610.46; and 1% Del Valley $372.92. 2007 VFRA Funds received totals the allocation of $37,292.34.

Palisades Community Foundation by request dated October 15, 2007, no specific amount requested, Board to determine the amount of donation, if any. The Board directed A. Morales to send a letter advising them to attend a meeting. 

UBREMS by their letter dated 10/4/2007 is requesting additional funds in the amount of $3,609.61 and would like the Board to consider donating the same amount or more for 2008. N. Janyszeski commented that there was a problem with this request. In 2007, $32,000 was donated plus $6,000.00 for 2006. She has taken care of the problem, which affected other Municipalities. It was the consensus of the Board not to send these funds and to discuss the 2008 donation at a Budget meeting.

Eastern Upper Bucks Senior Center by their letter dated 10/2/2007 is requesting $4,000.00 from each township to cover the cost of rent for the fiscal year 2008.  They did not receive a grant for that year. A motion was made by K. Gross, seconded by H. Gawronski, to allot $4,000.00 in the 2008 budget for the EUB Senior Center as a separate line item. Under discussion, it was noted that the EUB Senior Center is applying for 501(C)3 status, which is required to apply for grants.
The motion carried 5-0-0.

Kiwanis has requested an annual donation in a letter dated 9/25/07, in previous years Nockamixon has donated $300.00 to assist with their annual parade.  This amount has been listed on the bill list. A motion was made by H. Gawronski, seconded by K. Gross, to give the $300.00 donation to the Kiwanis. Anyone making a request will be sent a letter advising that they should attend a meeting. The motion carried 5-0-0.

Insurance - The Leeboy Paver which was donated 8/21/2007, caused an increase in our annual premium for vehicles in the amount of $16.00 per month in addition to our policy for 2007.  The increase was based on pro-rata payments for the remainder of the year.

Classes/Education - GASB 45 Symposiums 10/24/2007 from 9AM -11AM and GIS for Open Space Planning at Heritage.
Dots & Dashes on November 7, 2007 530PM – 815PM/ LTAP Free class re: Traffic Signs 10/22/2007 8AM-12Noon
2008 BUDGET - Schedule the third working session for the 2008 Budget.

BANKING - All the interest rates up on all the accounts Nockamixon has w/FSB to 5% the rate will stay 1% above our High Yield Money Market Rate.  We received the collateral letter for all the accounts w/FSB; they are now all covered under the FDIC - Act 72.
Open Space Funding Options form has been distributed to the BOS and will be discussed at the next scheduled budget meeting.

EMPLOYEES - CBDI November, 2007 Employee Benefits report has been distributed to BOS and staff members.
A majority of the employees would like to receive information and possibly upgrade the Pension plans to one that rolls over or has a death benefit for next of kin. Tina Eisentraut of PRMS has been contacted and A. Morales would like to set up a meeting with the employees prior to the next Board meeting. It was the consensus of the Board to move forward with the meeting.

PENSION - The third quarter report (PMRB-21) of contributions were filed and returned. Township has received the 2007 Allocation of Excess Interest forms for both uniformed and non-uniformed pension plans.  Non-uniformed is to received a specific award in the amount of $11,665.97 and the uniformed pension plan is to receive a specific award in the amount of $1,951.43.  These forms must be returned to PMRS by 11/21/07. - K. Gross commented that it reduces the amount that the Township has to put into the plan. A motion was made by K. Gross, seconded by H. Gawronski, to allocate the 2007 excess interest award from PRMS to reduce the Township funding requirements. The motion carried 5-0-0.

T. Connell from PRMS has been contacted and will be coming to the Township in November to discuss the Pension Plan with the Board. K. Gross suggested that the PMRS Representative meet with the employees prior to the meeting. It was the consensus of the Board to set up the employee meeting.

Dog Licenses - The Dog Licenses end of year report and all applications and tags have been returned. Permission to destroy (4) Dog License Applications that were filled out but never paid for or picked up dated 1/9/2002. It was the consensus of the Board to archive the 2002 dog licenses.
We have $13,551.02 left in the Checking account after payment of bills.
We have $84,013.86 left in the Escrow account after bills and releasing funds. 
We have $10,545.30 left in the Community Day account after payment of bills. 
We have $58,098.74 in the STATE account after transfers.
A motion was made by K. Gross, seconded by H. Gawronski to approve the October 2007 Bill List as presented. The motion carried 5-0-0.

PUBLIC COMMENT:
-H. Nast commented that the Board should take their time during the meeting. The Board commented that copies of reports will be available to the public.
-S. Mendelson commented that she met with Quarry Personnel and identified the areas   with dead trees on the berm. Most are located behind a sturdy fence and will be difficult to replace because there is no access and no water. She is suggesting that other trees be planted that are more compatible with this area including pin oaks and swamp maple. It was the consensus of the Board that if the quarry was agreeable to replant trees in the identified areas. - She brought a petition that will be sent to the Tinicum Conservancy. They have been working over the past 12 years regarding the Protection Water Status of the Lower Tohickon. They are seeking Protection Water Status from the PADEP for the Upper Tohickon. It is here for anyone who wishes to sign.
-E. Gawronski commented that two firemen, J. Chavar and G. Hissim are here from Riegelsville Fire Company. G. Hissim noted that they purchased a 1989 fire truck (E-1) from Northampton Township. They plan to refurbish this truck at a cost of $35,000.00 vs. the cost of a new one for $100,000.00.
-R. deSocarras believes that the $3 Million Dollar Open Space Referendum should be placed on the 2008 ballot for the voters to decide. Use the EIT for the purchase of open space not to borrow against. K. Gross agrees that the voters should have input when it comes to borrowing money, not just the Supervisors.
 
SUBDIVISIONS:

1. DeAngelis – 2-Lot Minor Subdivision TMP# 30—4-47-4 – follow up

S. MacNair commented that the applicant, L. DeAngelis, was at the October meeting and requested the status of this subdivision. She did not follow through with the conditions of the preliminary/final approval as noted in the November 21, 2006 letter. There has been no execution of the Deed of Easement for the ultimate right-of-way on Trauger’s Crossing, Declaration of Easements and Financial Security Agreement. She requested a deferral of public improvements for Lot #2. The plan proposes that Lot #1 remains as is with the existing residence and no additional improvements; with respect to Lot #2 the proposal is for public improvements of the driveway, erosion and sediment control issues. K. Gross commented that if she wants subdivision approval, she has to comply with the conditions. The only option that the Board could entertain is having her sign off on a declaration. The consensus of the Board was to recommend that the Solicitor send a letter to the applicant advising that these conditions must be completed.

1. Prime Properties a.k.a. Park View Estates-Operation & Maintenance Agreement

TMP# 30-14-10-2 – Lots 1 and 2 – Approval
T. Clemons commented that a number of documents have been prepared and submitted to the Township including, but not limited to, the Land Development/Financial Security Agreement, Operation & Maintenance agreements and Declaration of Covenants. He is requesting execution of the documents by the Township. Questions regarding the drainage facilities were received from P-Hydro dated 10/3/07, after plan approval. They addressed the following: 1. construction of the Stormwater detention basin and that the developer should be responsible for establishing plans; the Township Engineer will inspect all improvements, then an 18-month maintenance period will be in effect; 2. a maintenance manual prepared by an engineering firm to include the maintenance of the basin on Lot #6 for the homeowner. After discussions with S. Baluh they agreed that the best way to handle the maintenance obligation would include an annual inspection by the Township, and provide the homeowner with a punch list of items for proper maintenance. B. Keyser requested an information packet to ensure that the homeowner is aware of the maintenance requirements. T. Clemons agrees that there should be disclosure, in addition to a manual, from the developer explaining the maintenance obligations. The solicitor recommends that all documentation is executed and fees paid, prior to recording of the final plan and all conditions of the 9/19/2007 Board of Supervisors meeting should be accomplished. K. Gross questioned if they should approve the O&M agreement. T. Clemons commented that he is informing the Board that this is ‘informational’ and since it is one of the conditions of the subdivision it does not require formal action. The Board discussed reviewing the fee schedule pertaining to these fees. T. Clemons commented that there should be an escrow inspection fund in a capital account for stormwater drainage. J. Petersen (EAC) believes this O&M agreement is too general and does not contain specific information for maintaining the basin. T. Clemons commented that the declaration recorded against this deed required this property owner to maintain the Stormwater Basin according to its design. J. Litzenberer suggested a list of the properties with O&M agreements. T. Clemons commented that there is no mechanism in place that those agreements are being maintained. The Township has the right to enter property to inspect. The Board acknowledged receipt of the O&M agreements.

1. D. Gross/Byers Road – 2-Lot Subdivision

(Kenneth & Joann Gross) TMP#30-15-33 & 30-15-41-1
Grants an extension to 1/31/2008
The Board acknowledged receipt of the extension.

1. E. McArdle 5-Lot Subdivision TMP# 30-11-33

Grants an extension to 3/1/2008
The Board acknowledged receipt of the extension.
 
OLD BUSINESS:

1. Joint Work Session Meeting – Flex. Ordinance & Act 537

   October 29, 2007@7:30PM–Advertise – A motion was made by H. Gawronski, seconded by K. Gross, to advertise the October 29, 2007 Joint Work Session with the Board of Supervisors and the Planning Commission. The motion carried 5-0-0.

B. Set Meeting Date with Cable Companies – It was the consensus of the Board to extend an invitation to the cable companies to attend the meeting of October 30, 2007 @7:00PM for an ‘information gathering session’.  

NEW BUSINESS:
A. Kiwanis Club Request for Donation–Annual Halloween Parade-Discussed previously.

B. BNTJGWC – Request to Purchase a Dell 2400MP Multimedia Projector – S. Donovan commented that he is seeking a consensus of the three townships, Bridgeton, Nockamixon and Bridgeton for the purchase of a projector that would be paid out of the budget monies. It is for use by any committee who requires a projector and will be kept in a locked area in the Township Building. It was the consensus of the Board to purchase the Dell 2400MP Multimedia Projector. S. Donovan and the BNTJGWC have been consulting with the Quarry regarding the installation of a turbidity meter to monitor the water that is pumped into the creek. The Board suggested that this be included as a condition for the approval of their 2008-2009 Permit.  

C. BCATO Annual Dinner – October 25, 2007 –  A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the following attendees to the BCATO Annual Dinner: H. Gawronski, N. Janyszeski, A. Eichlin and A. Morales at a cost of $200.00. The motion carried 5-0-0. A. Morales commented that a check in that amount will be written and available for signature.

D. Water Meter Records – Planning Commission Recommendation – T. Keebler commented that there are well recording meters on several businesses in the Township. However, no reports have been received, and the Township has not done a follow-up. H. Gawronski believes that every commercial property should be metered. T. Clemons commented that there should be a list of all properties. T. Keebler commented that currently there are no restrictions on the amount of water that is used by these properties. It was the recommendation of the Board to direct the Planning Commission to speak with S. Baluh regarding reports from those businesses with water meters and designate a township representative to do the readings.

E. Set date for Christmas Party – After a lengthy discussion, the Board decided to hold their ‘Holiday Gathering’ on Friday, December 21, 2007 from 4-7 PM. A motion was made by J. Litzenberger, seconded by H. Gawronski, to have the Holiday Gathering on December 21, 2007 from 4-7 PM. The motion carried 5-0-0.

F. E-Cycling during Clean-Up Day – It was the consensus of the Board that the Secretary send a letter to Ms. Caughey advising that the Township approves the collection of items for E-Cycling during the April 2008 Clean-up Day event.

G. Waiver of Land Development – John & Janet Reidler, 8305 Easton Road
 TMP# 30-11-76
T. Clemons read the 1993 letter that restricted the type of uses for this property. The Reidler’s have a client who is interested in using an area of the real estate office for a spa/massage area. An application has been received for a zoning/use permit for existing rooms with two employees. J. Reidler commented that it is a low-impact service with one employee, and no additional signage. S. Shelley, attorney for the applicant, was unable to attend tonight’s meeting. T. Clemons suggested that the Board do their due diligence if they believe that problems may occur. If this operation has other storefronts, authorize someone to call or visit. He commented that there are currently four uses allowed and this additional use would require a waiver of land development. A motion was made by H. Gawronski to grant a waiver of land development to establish a spa in the existing building. The motion dies due to lack of second. The Board requested a background check of the applicant, were concerned with the hours of operation, and requested clarification. The application stipulates hours from 9AM-1AM, seven days a week. T. Clemons commented that reasonable conditions can be imposed on the waiver including hours of operation. He suggested that the applicant bring in their advertising literature for review. The Board took no action on (denied) the waiver and suggested that the applicant, or attorney, attend the October 30, 2007 Budget Work Session.

-N. Janyszeski commented that a motorcycle shop may be operating at A&A Tile on Easton Road. P. Bent noted that he has visited the site, but there was no one at the shop. He left a note for someone to call the Township. He will follow-up and advise the Board.

SOLICITOR’S REPORT: There was no report
 
A motion was made by K. Gross, seconded by N. Janyszeski, to appoint J. Litzenberger Treasurer beginning October 9, 2007 until January 7, 2008. B. Keyser will assume the Treasurer’s position as soon as he becomes bonded or after January 7, 2008. The motion carried 3-0-2 with J. Litzenberger and B. Keyser abstaining.

T. Clemons commented that an e-mail was received from S. Baluh regarding a drilling permit for the Cabot property. He requested direction from the Board to send a letter to Arbor Resources. A motion was made by K. Gross, seconded by B. Keyser, to allow the Solicitor to move forward on any drilling applications received by the Township. The motion carried 4-1-0 with H. Gawronski voting nay.

ADJOURNMENT:  
A motion was made by H. Gawronski, seconded by K. Gross, to adjourn the Board of Supervisors meeting at 10:17PM. The motion carried 5-0-0.

Respectfully Submitted,

Arlene Eichlin
Township Secretary