• EMERGENCY: 911
• STATE POLICE -
  NON-EMERGENCY: 610.847.0911

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

December 18, 2007

The regular scheduled meeting for December was held on December 18, 2007 in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:27PM with a salute to the flag. Other members present: Vice Chairman K. Gross, Supervisors H. Gawronski, B. Keyser and N. Janyszeski. Solicitor, S. MacNair, and Township Engineer S. Baluh were also in attendance.

Chairman J. Litzenberger commented that the Board of Supervisors held an Executive Session from 6:35PM to 7:25PM to discuss potential litigation, real estate and personnel. The Board invited Supervisor-elect A. Santopietro to attend.

A motion was made by J. Litzenberger, seconded by K. Gross, to hold an Executive Session on Wednesday, January 2, 2008 at 7:00PM to discuss personnel. The motion carried 5-0-0.

J. Litzenberger commented that the Harrow Station LLC public hearing has been scheduled for 8:00PM, other business will be addressed until that time.

SCHEDULING: J. Litzenberger referred to the Scheduling.

MINUTES OF MEETING:

A motion was made by H. Gawronski, seconded by B. Keyser, to approve the November 20, 2007 minutes with the following correction: under Road Report, change October 2006 to October 2007, and the November 13, 2007 (Work Session) minutes.The motion carried 5-0-0.

The Board extended Holiday wishes to everyone and the committees for all their hard work over the past year. J. Litzenberger thanked everyone for their cordiality during his tenure as Chairman

REQUEST TO BE ON THE AGENDA:

A. C. de Socarras - 2008 Concert Funding – C. de Socarras commented that in June the Board unanimously approved $2,500 for the Historical Society budget. The completed grant application has been submitted to the Pa Council of the Arts (PCA) in this amount. She discussed what is required by the PCA with the Board including the type of display ads. The Board will discuss further during the approval of the budget.

REPORTS:

• ROAD REPORT – Petroleum Product Bids Advertising - A motion was made by H. Gawronski, seconded by K. Gross, to approve the November 2007 Road Report as presented. The motion carried 5-0-0. The Board discussed repairs needed to road equipment. A motion was made by H. Gawronski, seconded by B. Keyser, to advertise the Petroleum Product Bids Friday, December 21 and Friday, December 28 in the Daily Intelligencer. The motion carried 5-0-0.

B. Zoning Report –A motion was made by K. Gross, seconded by H. Gawronski, to approve the Zoning Report as presented. P. Bent gave a short report to the Board. A total of eight zoning permits were issued. Antennas will be changed on the Towers located on Tower and River Roads. N. Janyszeski commented that trucks are now being sold at the A&A Tile location. P. Bent currently has an application from the motorcycle business, but will do another site visit. He will have a report for the Board next month. The motion carried 5-0-0. B. Keyser voiced his concerns regarding the different businesses that have occupied the A&A site. It was noted by the Zoning Officer that the Board decided that if there was a change of occupant, but not type of use, i.e. retail, that he could issue the permits after inspection by the Zoning officer and Building inspector.

C. Emergency Management Report – EMA Junior Member – The Board determined that there will be no Junior Members on the EMA. No Report.

D. Environmental Advisory Committee – Chair, J. Petersen was in attendance. He discussed expense reports and membership renewals with the Board. The Board requested that all committees be copied on letters of interest.

E. Open Space Committee – N. Alessi, Co-Chair gave a short report. The Committee has decided to wait until the proposed Well Water Ordinance has been enacted before conducting a joint public meeting with the Committees, The Board and Palisades School officials.

F. Park & Recreation Board – No report

G. Newsletter – E-mails will be sent out to all advising of deadline for receipt of articles for the newsletter, January 8, 2008.

I. Treasurer’s Report –

Prior to the report, K. Gross requested that the report should reflect that ‘this report was prepared by A. Morales’.

Permission to pay all bills on the bill list 12/2007.

2008 BUDGET – Adoption of the 2008 Proposed Budget reviewed and dated November 21, 2007.

Permission to pay M2 Associates bill dated 11/20/07 invoice no. 1053 in the amount of $6,606.33 the hydro-geologic report for Hanson Quarry, and invoice no. 1049 in the amount of $2,116.80 for Groundwater Ordinance review from the general fund. J. Litzenberger confirmed that M2 Associates is on the bill list and wanted to know why it was referred to in the Treasurer’s Report. Due to the amount of monies involved, A. Morales wanted the Board to be aware it will be paid tonight.

EMPLOYEES – Motion to renew Health Coverage Contract with CBDI – 1/1/2008-1/1/2009 increase of $719.16 per month totaling a monthly payment of $6,347.29. This was approved at a previous meeting.

GRANTS – Approval to file the Grant-Closeout report for Contract No. C000024360 for the Nockamixon Canopy Grant. Even though A. Morales wanted this reflected in the minutes.

Motion to Transfer $9,730.00 from the Park Account to the General Fund to cover the costs of the Pole Barn as per the DCED Park Grant for Storage Facility and $2002.65 for annual bills to date.

There was some confusion as to the amount of money to be paid. The Board discussed a previous motion increasing the total to $9,995.00 and asked that A. Morales locate the paperwork.

At this time the Board moved forward with the public hearing.

PUBLIC HEARING:

A. Harrow Station – Conditional Use Hearing

The Solicitor, S. MacNair, opened the public hearing at 8:10PM and commented that there is a stenographer present for the proceedings. S. MacNair introduced Exhibits T-1 thru T-5 which included the Conditional Use application filed November 2, 2007 with the Township by Harrow Station LLC proposing the Use B-9, Senior Citizen Housing in the Commercial District on property located on Route 412 near Route 611, TMP#30-11-30-7 & 30-11-30-3. The applicant is proposing six multi-plex buildings containing six units each for a total of 36 units. The hearing has been advertised twice in the Daily Intelligencer on December 4, and December 11, 2007. Notice of this hearing was sent to surrounding property owners within 500 ft. of the site. J. VanLuvanee, attorney for the applicant, introduced P. Yaskowski, from Urwiler & Walter, E. Mountz from Traffic Planning and Design, Inc., and the applicant, G. Neebe. Each will be giving testimony this evening. After swearing in the witnesses, J. VanLuvanee introduced Exhibits A1 thru A4. P. Yaskowski gave testimony regarding the proposed land development including, but not limited to, natural resources contained on the site, the location of the buildings, parking areas, and open space. The Board discussed the wetland set-back, widening the walking path to accommodate emergency vehicles, sidewalks to the Church, buffers between the access road and the Church/School property. E. Mountz gave testimony regarding the traffic count from PennDOT studies and how this will affect access to Route 412 from the proposed Senior Housing development. G. Neebe gave testimony concerning easements, the current uses at Harrow Station LLC, the sewage treatment plant capacity, construction of sidewalks to the Church, and buffers between the School/Church and access driveway. The Board requested installation of the traffic signal at SR611/Tower/Quarry Roads. Permits have been received for this signal. The Board requested a walk-thru of the property. J. Litzenberger opened the meeting to the public. M. Reymann wanted to know if the Township regulates Homeowners Associations. J. Litzenberger commented that an association can be requested by the Township, but they do not govern. C. McClosky commented that, under the Fair Housing Act, a certain percentage of the units have to be available to persons 42 years old. It was noted that the builder can qualify, provided there are certain types of facilities provided, 20% of the units can be offered to persons under 55. This ordinance provides for 55 and older, no exceptions. C. Bahnck commented about the number of cars that travel SR412; the cars entering the highway from the development and the grass pavers. N. Alessi wanted to note that K. Schneider attended the Planning Commission meeting as a representative of the Palisades Conservancy. S. Tenney noted that the architecture should be environmentally sound and built to make the best possible use of materials and light. The BOS should consider as a condition of approval which could be part of the development review. S. Mendelson asked for an explanation of the problems with the sewage system for the Church and School. S. Donovan is concerned about the quarry and their use of water and wanted to know if Harrow Station encountered any water bearing zones at that depth. G. Neebe commented that he had not. He added that he is aware of the amount of water pumped out of quarry daily. As of this date there has been no affect on his well. S. MacNair recommended the following motion to the Board: the applicant is agreeable to the following: screening which would include fence and plantings along the access driveway easement that separates the applicants property from the Church property; double wide driveways if 2-bedroom units are constructed; agrees that the traffic signal at Tower Road would be installed prior to the issuance of the first Use & Occupancy permit; a walk-thru of the property by the Board of Supervisors; a Community Association; SR412 two lanes exiting with a right turn lane, subject to PennDOT approval; extend the sewer lines to the edge of the property line with the Church; a paved sidewalk to the Country Drive-In (Przyuski’s); a sidewalk to the existing shopping center and a sidewalk to the Church. K. Gross entertained that as his motion, seconded by H. Gawronski. The motion carried 5-0-0. The hearing was concluded at 10:10 PM.

The Board continued with the Treasurer’s Report.

K. Gross commented that a motion had been made at the September 26, 2007 meeting where an amended motion approved payment of $9,995.00. A. Morales commented that no contract had been located for the additional monies. It was the consensus of the Board to pay $9,730.00. The contactor may contact the Township if there is a discrepancy in the invoice. A motion was made by J. Litzenberger, seconded by H. Gawronski, to transfer $9,730.00 from the Park Account to the General Fund to cover the cost of the building. The motion carried 4-0-0. B. Keyser was not in the meeting room.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to transfer $2,002.65 from the Park Account to the General Fund to pay the year-to-date expenditures. The motion carried 5-0-0.

END OF YEAR – W-2 and W-3 forms are needed. Please advise! The Board approved the purchase of these forms.

QuickBooks payroll update $199.00 due by January 15, 2007. It was the consensus of the Board to purchase the QuickBooks payroll update.

Legislative Budget and Finance Committee review of General Services’ questionnaire to be completed and submitted. J. Litzenberger will complete.

ESCROWS

Driveway Permit Number D-8-07 has been waived from paying the $1,000.00 escrow.

Driveway Permit Number D-9-07 has been waived from paying the $1,000.00 escrow.

Motion to release escrows for both Giovino and Benedict subdivision, within 60 days after all the expenses and costs have been paid.

Motion to transfer $38,289.25 from Road Improvement fund Jugovich/Brownstone to the Developer’s escrow account.

Motion to release $32,545.86 from Developer’s escrow to Mike Jugovich and the remaining escrow of $5,743.39 remain the cash escrow account.

Motion to rename the Jugovich/Brownstone Road Improvement account to Brownstone Road Improvement.

We have $ 21,361.61 left in the Checking account after payment of bills and transfers.

We have $ 66,405.20 left in the Escrow account after bills and releasing funds.

We have $193,500.37 left in the Road Improvement Fund after payment of bills.

We have $ 33,405.46 in the Park and Recreation account after transfers.

We have $ 57,813.26 in the State Fund account after payment of Bills.

A motion was made by K. Gross, seconded by H. Gawronski, to transfer $38,289.25 from the Road Improvement Fund to the Developer’s escrow account for the Jugovich/Brownstone Road.The motion carried 5-0-0.

A motion was made by K. Gross, seconded by H. Gawronski, to rename the Jugovich/Brownstone Road Improvement account to Brownstone Road Improvement. Under discussion, S. Baluh explained the reason for the change to the account. The motion carried 5-0-0.

A motion was made by K. Gross, to release $32,545.86 from the Developer’s escrow to Mike Jugovich and the remaining escrow of $5,743.39 to remain in the cash escrow account. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by K. Gross, to accept the December 2007 Treasurer’s Report as presented, with notes. The motion carried 5-0-0.

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

SUBDIVISIONS:

• Glazier/Prime Properties – 10-Lot Major Subdivision

TMP# 30-8-93 – 119 Center Hill Road (Final)

Wm. McNaney, from VanCleef Engineering Assoc., represented the applicant for the Glazier/Prime Properties tract. A final recommendation was received from the Planning Commission on April 5, 2007. The following have been received: a PennDOT permit for road access from Center Hill, PADEP Planning Module approval, all the items in the Wynn Review letter are will complies. They are still seeking the name of the road for the development. S. Baluh recommended that the Board review the Wynn letter of October 11, 2007.

#1, #2, Will Comply : Applicant will contribute a $3,000.00 per lot fee in-lieu-of recreation land ($27,000.00) – will enter into a well loss protection agreement in the amount of $10,000.00.

#3 Addressed : P-Hydro letter has been reviewed and response resubmitted to the Township.

#4 Will Comply: the owner of Lot 8 will be responsible for the maintenance of the island area within the proposed cul-de-sac street.

#5 Received: The PennDOT HOP has been forwarded to the Township.

#6 Obtained: agreements between the applicant and the adjoining property owners. Property transfers have been accomplished.

#7 Will Comply: Applicant agreed to install plantings to mitigate impact of headlights on the existing dwelling (Chabot). No one has contacted the resident at this time. This will be a condition of final approval.

#8 Obtained: Approval correspondence has been received from the BC Conservation District.

#9 Resubmitted: Planning modules were resubmitted to PADEP, awaiting their approval.

#10 and #11 Will Comply: Monumentation will be installed - Legal descriptions for street right-of-ways, drainage easements, stormwater management basins and snow storage.

#12 Proposed: Street names were discussed.The Board suggested “ Nickel Ridge Drive” or “ Schneider Lane”. The Board was in agreement that they will approve whichever name the Post Office suggests.

#13 Addressed: Lots 6 and 7 will share the entrance to the driveway only.

#14 & #16 Will Comply: Recording of Declaration of Covenants, Easements, and Restrictions on all lots, plus restriction of further subdivision for Lots 2 thru 9 and subdivision of Lot 1 into no more than two additional building lots, subdivision and Lot 10 into no more than one additional building lot, and establishment of easements as noted on plan - Execution of Development/Financial Security Agreement between the applicant and the Township.

A motion was made by K. Gross, seconded by H. Gawronski, to approve the final subdivision plan for Glazier/Prime Properties, TMP# 30-8-93 per the last letter outlined on October 11, 2007 by C. Robert Wynn Associates. All the items that remain outstanding are addressed by the applicant prior to recording of the plan. Under discussion, J. Petersen requested review of the EAC and P-Hydro letters regarding the well protection agreement and the distance from surrounding properties. S. Baluh commented that correspondence was received on Nov 29, 2007 addressing both these letters. K. Gross amended the motion, H. Gawronski amended his second, to include property owners within 1,000 feet of the property boundary. J. Petersen requested language in laymen’s terms regarding agreements for lot owners. Wm. McNaney commented that he cannot commit to anything without speaking with the applicant. The motion carried 5-0-0.

B. D. Gross/Byers Rd 2-Lot Subdivision: Grants an extension to March 31, 2008 –

The Board acknowledged receipt of the extension.

C. N. Peter Kerl 3-Lot Subdivision: Grants an extension to March 31, 2008 –

The Board acknowledged receipt of the extension.

D. Sal Lapio Homes ( Harrow Manor) 10-Lot Subdivision: Grants extension to March 31, 2008. The Board acknowledged receipt of the extension.

PUBLIC COMMENT:

-S. Tenney commented that the December meeting will be held on January 14, 2008 at 7:00 PM. A motion was made by J. Litzenberger, seconded by, to advertise the Open Space Committee meeting on January 14, 2008 @ 7:00 PM at the Township Building in the DelVal News.

- R. de Socarras thanked K. Gross for serving on the Board for the past six years. A lot of good information was brought into the Township and the Village of Revere was rezoned in order to downsize the amount of houses that can be built in the Village Center Zoning District.

- J. Litzenberger offered condolences to H. Gawronski on the loss of his Mother.

LAND DEVELOPMENT:

A. Jugovich Land Development – Acceptance of Completion – S. Baluh recommended a motion by the Board to accept the project as complete and begin the 18-month maintenance period. A motion was made by K. Gross, seconded by H. Gawronski, to accept the completion of the land development and to start the 18-month Maintenance Period. The motion carried 5-0-0.

• Harrow Station LLC 55+ Sr. Housing: Grants an extension to March 31, 2008

The Board acknowledged receipt of the extension.

• Wehrung Phase II: Grants extension to March 31, 2008

The Board acknowledged receipt of the extension.

D. Nockamixon Crossing Shopping Ctr.: Grants extension to June 20, 2008

The Board acknowledged receipt of the extension.

RELEASE OF ESCROWS:

• Giovino SD – Voucher #1 - $10,793.00 payable to Allen Joseph Giovino,

Patricia Kay Giovino and George Randall Giovino – A motion was made by K. Gross, seconded by H. Gawronski, to release escrow Voucher #1 for $10,793.00, payable to Allen Joseph Giovino, Patricia Kay Giovino and George Randall Giovino.

The motion carried 5-0-0.

• Benedict SD – Voucher #1 - $26,243.11 payable to Joyce E. Benedict (Maintenance)

A motion was made by K. Gross, seconded by H. Gawronski, to release escrow Voucher #1 for $26,243.11 payable to Joyce Benedict and to approve the start of the 18-Month Maintenance Agreement. The motion carried 5-0-0.

OLD BUSINESS:

A. Adoption of 2008 Budget – A motion was made by K. Gross, seconded by H. Gawronski, to approve the 2008 Nockamixon Township Budget with the following line-item changes: Line item #289 will increase to $3,500. (Historical Society); line item #293 change the amount of donations to $22,500; change the total expenses to $2,053,747.14; ending cash balance changes to $185,459.36.

The motion carried 3-2-0 with N. Janyszeski and H. Gawronski voting nay.

NEW BUSINESS:

• Approval of 2007 Annual Filing of MS-965 (State Fund) Report – A motion was made

by K. Gross, seconded by H. Gawronski, to approve the State Fund Report MS-965. The motion carried 5-0-0.

• Palisades Community Foundation – Donation Request – S. Kirk, V. President of the

Palisades Community Foundation was in attendance. He explained that they are a group of local business people dedicated to the wellness, educational and cultural enrichment of the youth and community of the five townships that make up the Pal School District. He requested a $1,000.00 donation from the Board. A motion was made by K. Gross, seconded by H. Gawronski, to donate $1,000.00 to the Palisades Community Foundation. The motion carried 5-0-0. A check will be issued from the office within the next two weeks.

• Genesis Adventures – Req. for acknowledgement letter of their

Presence for a September 6, 2008 Triathlon – A motion was made by H.

Gawronski, seconded by J. Litzenberger, to have the Secretary send out a letter acknowledging Genesis Adventures presence for a September 6, 2008 Triathlon in Nockamixon Township. The motion carried 5-0-0.

D. Schedule Conditional Use Hearing Date for J&R Associates (Buehler) – S. MacNair commented that the Township has received an application from J&R Associates regarding TMP# 30-14-20, located on 8071 Easton Road to operate a well drilling Commercial enterprize. They have requested a Conditional Use Hearing, which should be scheduled at the January 15, 2007 Board Meeting in order to be heard within 60-days of the application submission. It was the consensus of the Board to hold the hearing at the January Board meeting. A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise the Hearing twice in the Intelligencer and to notify surrounding property owners. P. Bent commented that this property has a single family dwelling and 40x80’ building owned by the McClosky. The motion carried 5-0-0.

E. Request to Vacate Portion of Berger Road (Ferreira) – J. Litzenberger noted that the Ferreira’s have been to the Township at least three times previously requesting that Berger Road be vacated. A motion was made by K. Gross, seconded by J. Litzenberger, not to vacate Berger Road but to improve Berger Road so it does not have to be closed during the winter months. He requested a survey of the roadway by the Township Engineer to begin work to pave and improve the surface. The motion carried 3-2-0 with B. Keyser and N. Janyszeski voting nay.

F. Gorham Property –A motion was made by K. Gross, seconded by, B. Keyser, to winterize the Gorham Property which includes boarding up the windows and shutting off the heat. He authorized up to $1,000.00 to complete the project. The motion carried 4-0-0.

SOLICITOR’S REPORT:

-S. MacNair commented that due to the fact that we are preparing the proposed Groundwater Ordinance that the SALDO needs to be amended in order to reference the new chapter that will take the place of the former chapter. He has spoken with S. Baluh and is requesting the Board to authorize preparation of the amendment to the SALDO so that when the Groundwater Ordinance is enacted the SALDO is updated accordingly. A motion was made by K. Gross, seconded by B. Keyser, to authorize the Solicitor to prepare the amendment to the SALDO. The motion carried 4-1-0 with H. Gawronski voting nay.

A motion was made by K. Gross, seconded by H. Gawronski, to adjourn the Board of Supervisors Meeting at 11:18 PM.The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin,

Township Secretary

01/03/2008