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MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
FEBRUARY 20, 2007
The regular scheduled meeting for February was held on February 20, 2007 in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:07 PM with a salute to the flag. Other members present were Vice Chairman K. Gross and Supervisors H. Gawronski, B. Keyser and N. Janyszeski. Solicitor, Terry Clemons and Township Engineer S. Baluh were also present.
J. Litzenberger commented that the Board met in Executive Session to discuss real estate.
SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger. He noted the Zoning Hearing scheduled for Thursday February 22, 2007 and the Rezoning of the Villages of Bucksville, Ferndale and Kintnersville on Tuesday, February 27, 2007 at the PALMS
MINUTES OF MEETING:
A motion was made by H. Gawronski, seconded by K. Gross, to approve the January 16, 2007 minutes. The motion carried 5-0-0. A change was requested on Page five however, A Morales noted that the change had been made to the final copy.
A motion was made by H. Gawronski, seconded by N. Janyszeski, to approve the January 24, 2007 minutes. N. Janyszeski commented that her name was incorrectly spelled. Corrections will be made. The motion carried 4-0-1 with K. Gross abstaining, he did not attend the meeting.
PUBLIC HEARING: Proposed Real Estate Tax Millage Freeze Ordinance
The Solicitor, T. Clemons, opened the public hearing at 7:15 PM. The hearing was advertised on February 6, 2007 in the Daily Intelligencer and filed with the B.C. Law Library. This ordinance imposes a tax freeze on the parcels identified therein: Bucks County Tax Map Parcel Nos. 30-4-31, 30-4-76, 30-4-80, 30-11-48 and 30-11-50. Each of these properties are currently in the County Agricultural Preservation Program and the exemption provided shall only take affect when both Bucks County and the Palisades School District have approved exemptions from tax millage increases. J. Litzenberger request comments from the Board. H. Gawronski questioned if these properties are covered under a farm preservation act. T. Clemons commented they are all approved for an agricultural conservation easement through the State and County agricultural preservation program. No other Open Space land is included. J. Litzenberger opened the meeting to Public Comment. R. Hanson commended the Board on their efforts. It shows the Township’s commitment to open space preservation. S. Tenney noted that the Open Space Committee is pleased that the Township followed through with their recommendations. J. Litzenberger closed public comments. A motion was made by K. Gross, seconded by H. Gawronski, to adopt Ordinance #2-20-07 which is for the Real Estate Tax Millage Freeze on certain real estate in Nockamixon Township, Bucks County for those current and future properties having Conservation Easements acquired in accordance with the Agricultural Area Security Law. The motion carried 5-0-0. The public hearing was closed at 7:20 PM.
REQUEST TO BE ON AGENDA:
A. Cybersonics Technology Team 103, Palisades High School-Requests Funding
Members Nate Thomas, Bobby Trotta and Corey Koenig gave a short presentation to the Board. The team is comprised of 30 students (1/3 are girls), who compete in the FIRST (For Inspiration and Recognition of Science Technology) to spread the influence of Science Technology throughout the United States and the World. This is the second year their team won the N.J. Regional Robotics Competition in Trenton N.J. They will be attending three competitions; Trenton (Sovereign Center) March 2, 3, Philadelphia (Drexel University), March 30, 31, and the Championship event at the Georgia Dome (Atlanta) April 13, 14, 2007. J. Litzenberger commented that the team would have the support of the Board of Supervisors. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to donate $1,000.00 to the Palisades High School Cybersonics Technology Team. The motion carried 5-0-0.
B. Kim Marciano – Zoning Concerns – K. Marciano did not attend the meeting.
REPORTS:
A. ROAD REPORT – Salt Contract Participation Agreement 8/2007-7/2008
A safety meeting was held at the Township Building and the building has been cleared of older items whick are available for anyone who would like them.
A motion was made by H. Gawronski, seconded by K. Gross, to approve the January 2007 Road Report as presented. The motion carried 5-0-0.
B. Zoning Report – The report was given by P. Bent. Three zoning permits were issued last month, one residential and two commercial. He commented that the complaints have progressed. S. Bush has removed most of the cars at the Easton Road residence, and is seeking additional time to complete. The dump truck has been removed from the Andre property but there are still several issues to be addressed.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the Zoning Report as presented. The motion carried 5-0-0.
C. Emergency Management – E. Mocarsi presented the Monthly Report to the Board. It included, but was not limited to, the resignation of M. Lobarins, a request for the reinstallation of the phone system for use during Emergency situations, Board approval to pursue a Township Disaster Recovery Plan. It was the consensus of the Board to table the Disaster Recovery Plan until the March meeting. The Secretary was directed to add the Disaster Recovery Plan on the March agenda under Old Business. It was the consensus of the Board to purchase three phones for Emergency Management. J. Bainger will contact E. Mocarsi prior to the phone installation.
D. Environmental Advisory Committee – J. Petersen, Chairman, gave the EAC report. They are working on an article for the upcoming newsletter. The movie, ‘An Inconvenient Truth’ will be shown at the Palisades High School at 7:00 PM. The EAC is coordinating with the Students for Social Change and the Science Department to print hand outs and (60) posters. A motion was made by K. Gross, seconded by H. Gawronski, to expend up to $200 in Township funds for posters and printing materials for the Palisades area screening of ‘An Inconvenient Truth’. Under discussion, N. Janyszeski commented that the amount suggested for the posters and hand outs was a little too high, if that is what they need it is what they need. The motion carried 5-0-0. The EAC will submit bills to the Township for printing. S. Mendelson noted that Palisades High School may also be expending funds.
E. Open Space – S. Tenney presented the report to the Board. They are working on several articles for the Township newsletter. One concerns the new conservation tax benefits enacted during 2006 and they are seeking permission from the Board to have the Solicitor review prior to publishing. The Board approved the review. There was a discrepancy regarding the term limits for the Open Space Committee, whether they were three or five years. J. Litzenberger directed the Secretary to locate the minutes addressing this concern. Will advise the Township when information has been received regarding the Tax Freeze Ordinances that have been implemented by surrounding municipalities in the Palisades School District. A forum is scheduled for Tuesday, March 27, 2007 at 7:00PM in the Audion at Palisades High School. It will include representatives from Bucks County and several Conservancies. The OSC will be attending the PALTA conference May 10-12, 2007 and requested funds from the Board to have four members attend. A motion was made by H. Gawronski, seconded by K. Gross, to expend up to $1,000.00 for four (4) members of the Open Space Committee to attend the PALTA Conference. The motion carried 5-0-0.
F. Recreation Board – Accept John Rimmer’s Resignation - T. Keebler, Chairman of the Park & Rec Board commented that G. Housworth was given a copy of the Tot Lot maintenance contract in order to complete the annual inspection. He noted how well the grounds were maintained by the Road Department. The tech from J.C. Ehrlich has contacted Tom to set up an appointment to do the annual spraying of the grounds. 24-hour notice will be given and the Township will be advised. A motion was made by H. Gawronski, seconded by K. Gross, to have J.C. Ehrlich spray Veteran’s Park for weed control at a cost of $450.00. The motion carried 4-1-0 with N. Janyszeski voting nay. It was the consensus of the Board that only licensed personnel spray the grounds. J. Rimmer has submitted a letter of resignation due to time constraints. A motion was made by H. Gawronski, seconded by K. Gross, to accept the resignation of John Rimmer from the Park & Rec Board. The motion carried 5-0-0. Under discussion, A. Balogh requested notification when the spraying will be done at the Park. T. Keebler will advise the Township and A. Balogh when the Park will be sprayed.
G. Treasurer’s Report
Permission to pay the bill list for February, 2007
GRANTS - The PA Council Arts Grant Application came in and turned over to the Historical Society for completion and submission.
CONTRACTS - 2007-2008 Salt Contract. A. Morales requested that the Board vote on the salt contract and sign after the meeting.
Bucks County Hazardous Waste Commitment of $1,371.63
SOFTWARE -Dream Weaver $199.00 for the Upgrade, $20.00 for the back up CD and $5.95 shipping which totals $224.95 plus tax (need credit card to buy upgrade) to be reimbursed. DCNR has changed the way grants can be applied for as outlined in the DCNR letter dated 1/31/07. There is a CD or a hard copy available for the manual.
Cell Phone Policy - Board to suggest changes.
Request additional 2 drawer fire safe to keep all checks, statements, cash boxes, taxes, etc ($449.99) at Staples. The Board discussed the possibility of purchasing a 4 drawer, space was the concern. A motion was made by H. Gawronski, seconded by B. Keyser, to expend $449.99 to purchase the 2 drawer Fire King fire safe. The motion carried 5-0-0.
Donation request from Bucks County Community College. It was the consensus of the Board not to make a donation to Bucks County Community College.
Document Management – e-copy from Stratix Systems would like to address the board to discuss document management. It was the consensus of the Board not to move forward at this time. The Board discussed moving files to the room above the offices and commented that a letter from an engineer will be required advising of the load capacity.
Upper Bucks Regional Map publication for advertising business – we never utilized this service before. It was the consensus of the Board not to utilize.
FX Browne would like to be considered for the 2006-07 Recycling Grant preparation as per their letter dated 1/31/07.
Municipal Training Survey was given to the Board on 1/8/07. Angie will complete and send to DCED.
Permission to pay J&B Communications repair bill for 2/7/07 and additional phones for the Emergency Management Agency. Each Vodavi STS 24 button. The add-on rate is $190.00 each plus $2.00 label.
James Hall would like reimbursement as the memo dated 1/27/07 for $742.00 for the purchase of four tent jacks. They were purchased at a cost of $185.00 each to assist in putting up large tents. They were not purchased with the intent of selling to the Township. J. Litzenberger wanted to know the condition of the jacks. J. Hall commented that they are worn, but still usable. It was the consensus of the Board to have G. Housworth inspect the jacks for the tents and ask for his recommendation.
Release $2,000.00 escrow for Heacock Lumber. P. Bent commented that an inspection was completed by S. Baluh. A motion was made by K. Gross, seconded by N. Janyszeski, to release the $2,000.00 Forestry escrow to Heacock Lumber. The motion carried 5-0-0.
Palisades would like a donation for their 5K race Saturday, May 5, 2007. It was the consensus of the Board, that unless a letter is received from someone requesting money, they will not address.
We have ($52,056.06) left in the checking account after payment of bills.
We have $89,791.68 left in the escrow account after bills and releasing funds.
We have $102,114.12 left in the State account after the payment of bills.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the February 2007 Treasurer’s Report as presented. K. Gross rescinded his motion.
EMC Risk Inspection, Thursday, January 18, 2007. The Board reviewed the recommendations. J. Litzenberger spoke with Mike at Advent Security who noted that the alarm system in the building has a motion sensor and that all the windows and doors are alarmed. Any person with a key to the building will have their own 6-digit code to enter the building. A monthly readout of who enters the building is available for $15.00. A list of contact persons will be provided to Advent. It was the consensus of the Board to move forward with the personal codes. A motion was made by K. Gross, seconded by H. Gawronski, to accept the Treasurer’s Report for February as presented, including the EMC memorandum. The motion carried 5-0-0.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the February 20, 2007 Bill List as presented. Add to the list the $1,000.00 donation to Palisades Cybersonics. The new total for the bill list will be $51.216.34. The motion carried 5-0-0.
N. Janyszeski commented that the new garage doors have been installed and how nice they looked.
PUBLIC COMMENT:
-M. Comly commented that her property is currently scheduled to be rezoned from VC to R and is requesting that it remain VC. P. Bent recommended that it remain VC, since it is less than two acres and would be non-conforming to the R Zoning. It was the consensus of the Board that they would not make any changes regarding the proposed ordinance tonight and recommended she attend the public hearing.
-H. Nast noted that there is limited space in the Township Building and suggested that the Board should be thinking about and looking into obtaining a large piece of land to erect a larger building with additional office space. Spend the funds you need to implement a new building.
-S. Donovan wanted to know if the Board will be entertaining comments on Cobbler Road L.P. J. Litzenberger noted that comments will be addressed.
-S. Tenney commented that there was nothing on the agenda regarding an Engineer’s report for possible road construction and wanted to know if information was available. J. Litzenberger added that it will be brought up under Old Business.
SUBDIVISION:
A. Cobbler Road L.P. – Scheduled ZHB-1-07. Direction from the Board is needed as to whether there will be representation at the Zoning Hearing Board (ZHB) scheduled for Thursday, February 22, 2007. A motion was made by B. Keyser, seconded by N. Janyszeski, to have the Solicitor represent the Township at the Zoning Hearing for Cobbler Road L.P. on Thursday. Under discussion, H. Gawronski asked what variances would be reviewed. T. Clemons noted that there are there variance requests that had been submitted by the applicant including, use of a corrugated pipe to cross the Creek. The Township Engineer recommended the building of a free-standing bridge. The applicant also requested relief from setbacks for the sewage treatment facility and wells for individual lots. Before the planning process can proceed, the variances need to be addressed. Planning Commission (PC) recommendations were forwarded to the Board. T. Clemons commented that upon direction from the Board, his office would represent the Township with whatever issues they request. If the relief request is not granted, can a property owner make some reasonable use of the property without the variance? There is also conditional use approval. A lot of land use issues are wrapped up in this subdivision. S. Baluh commented that he did not have a specific recommendation but he pointed out the issues: the bridge can be built differently, the treatment facility is an Act 537 Plan issue, the type of plant is more critical than the location of the plant. Individual wells may be a better option than a community water system. J. Litzenberger commented that one of the reasons T. Clemons would be there is to defend anything that the BOS and PC requests. P. Bent commented that the PC is very specific regarding these three items. Does the Board want to have the applicant demonstrate that it will not have an adverse affect on the aquifer? When Cobbler comes to the ZHB, they will have representation to convince them that it will not have an adverse affect on the Community. The Township needs to advise Mr. Clemons of their opposition to the applicant requests. E. Kemble wanted to know how a hardship is determined. P. Bent read the five conditions that must be met by the applicant in order to apply for a variance. E. Kemble believes that the applicant bypassed the PC and the BOS. G. Westerfer commented that, in the interest of the community, developers should be made to conform to local ordinances. If larger lots are required then that is what should be adhered to with less disturbance of the wetlands. He noted that the placement of the sewage treatment plant was dangerously close to a waterway. T. Keebler commented that these are legitimate concerns, but feels they are bypassing the PC and the BOS. He referred to the bridge crossing, the galvanized piping, the short life span of this pipe requires frequent replacement and cleaning it out when it becomes blocked with debris. He would also like to see the Township represented at this ZHB. A. Santopietro noted that this plan had problems from the first presentation including the location of the Community Sewage plant. The applicant opted to seek a variance rather than move to another area of the development in order to meet the setbacks. The Township was willing to work with them. He feels they are creating their own hardship. He also believes that representatives should be sent to the ZHB to make a case for the Township. He agrees with S. Baluh, that there should be on-lot wells instead of a community system. S. Donovan requested that in addition to the Engineer’s report that M. Gallagher of P-Hydro, and the EAC reports should also be included. He read remarks from T. Stone which included concerns with stream discharge, steep slope protections, erosion, and water quality. S. Donovan commented that the Gallows Run is a cold water trout stream. It may be detrimental to have any kind of PAC plant and that the compounds used, antiseptic soaps, are detrimental to aquatic life. Believes township should take a position. T. Clemons noted that the first part of the hearing would be the applicant’s testimony. For the applicant’s witnesses to be cross-examined Steve has prepared a comprehensive review and the Solicitor would be in a position to examine it. The issue concerning the ZHB is the applicant’s request for a variance from the 200’ setback requirement in order to locate the treatment plant where they are proposing or can they reasonably move the plant somewhere else on the property and comply with the setbacks requirements. Would you still have reasonable use of the property even if you lost a lot in complying with the setback? The ACT 537 review will address the other issues, the treatment level and their impacts. Can it be adequately served by individual systems? This will encompass other issues. Steve could bring in his testimony concerning an alternate design for the stream crossing and the well issue at that time. These are the three questions that the ZHB will be considering. Before the vote K. Gross and H. Gawronski wanted to know the purpose for the Solicitor to attend the ZHB since S. Baluh will provide the technical information. What will you provide? T. Clemons commented that if you are going to send somebody, he would be sure that they would make the case for the variance or to oppose the variance. Steve is the witness and someone is needed to ask the witness questions for the record. Peter Harrison is the judge and cannot ask questions. The motion carried 3-0-2 with H. Gawronski and K. Gross abstaining.
B. Benedict Minor Subdivision – Planning Modules approval –
- Operation & Maintenance Approval
S. Baluh commented that the Planning Commission recommended conditional preliminary approval and the applicant was asked to address several items including the EAC review prior to coming to the BOS. The Planning Module was received from the BCDH, and all outside approvals must be completed prior to final approval. He is asking the Board to authorize signature of the modules. These were fill sites several years ago. A motion was made by K. Gross, seconded by H. Gawronski, to approve the Planning Modules and the Operation & Maintenance for the Benedict Minor Subdivision. The motion carried 5-0-0.
C. D.Gross/Beaver Run Road Subdivision – deadline 3/1/07 – The extension was received today. The Board acknowledged receipt of the extension to 5/1/07.
OLD BUSINESS:
A. Cell Phone Policy – A motion was made by K. Gross, seconded by H. Gawronski, to approve the cell phone policy as presented. The motion carried 5-0-0.
B. Cable Franchise Survey (12/19/06) – It was the consensus of the Board to continue the contract with Service Electric as written.
C. Proposed Amendment for the Recovery/Extraction of Subsurface Oil & Gas
Planning Board Member, A. Santopietro commented that the Planning Commission made several recommendations to the Board at their last meeting including sending all comments to a Pennsylvania attorney who does Oil & Gas Ordinances recommended by B. Baizel, and to include the provisions addressed in the November 21, 2006 memo from the Solicitor’s office and the protection of environmental, health and safety of the Township. T. Clemons commented that this ordinance will be judged based on land use principals and pre-emption principals, not drilling. Information was forwarded to the Board for their review regarding the zoning of a specific area for Oil & Gas (O&G) exploration. He concurs with T.J.’s opinion that the Township is not going to be able to add regulations on top of identical regulations for O&G and survive. The tactical decision that the Board needs to take is, do you think these more stringent regulations will stick and are you willing to live with the consequences. Those portions that are in direct conflict with O&G are suspect, only those sections would be thrown out if challenged. Whatever was left would be determined to be proper objects of zoning and land use would remain. A lot of items in this ordinance, as you already know, is already addressed in O&G regulations. K. Gross commented that his opinion has always been and will be that this is a ‘conditional use’ when applying for a permit. The Township can attach any conditions they wish. If the applicant does not want to comply then they can challenge. N. Janyszeski posed the question of passing the amended ordinance now with the expectation of further researching and following through on some of the questionable items and continuing the update to bring it to code. Have T. Clemons put through a document, something that will be defendable. It is the policy decision of the Board, and if you are comfortable with those regulations, then move forward. T. Clemons does not believe there is harm in having regulations in effect that are stricter than those others. He has noted the problems that may occur and has a concern that the gas company is now applying for permits, which were insufficient per DEP. The Board tried to craft something to include as many preemption items as possible and he stands by that. B. Keyser wanted to know if the Township could initiate a 6-month moratorium. T. Clemons did not recommend due to the possibility of a challenge to the ordinance currently on the books in relation to G&O extraction while the ordinance is being revised. K. Gross commented that maybe our ordinance should be restricted to certain areas. Keep that in place and work with the ordinance we have, rather than spending additional monies. S. Mendelson commented that the ordinance presented would have a lot of merit in areas of protection and that Ken’s idea would be very useful to protect the township while long term solutions to road damage, wells, and cost of emergency response are resolved. J. Litzenberger wanted to know about taking the old one and restricting to the districts discussed. T. Clemons practices and knows land use law. He does not know O&G, and will write an ordinance that will protect the land. He commented that too many constraints on land use will have an ordinance thrown out. Comments from the Board: K. Gross does not mind using T.J.’s ordinance, as an amended ordinance, and adding any conditional uses as the Township deems necessary. A. Santopietro has confidence in the work done by T.J. A motion was made by K. Gross, seconded by B. Keyser, to move forward with T.J. Walsh’s revised land use ordinance restricted to the Industrial and Quarry Districts as shown in the proposed amendment. The motion carried 4-1-0 with H. Gawronski voting nay. T.C. commented by going forward, the Board wants it to be sent to the B.C. and Nock. Township Planning Commissions (45 day review) and advertised for adoption in 60 days.
D. Appointment of 2007 Nockamixon Community Day Committee
J. Litzenberger commented that Henry and Elaine Gawronski, Ed and Catherine Kemble, Jim, Denise and Chris Hall, Kathleen Vega and Linda Emerson sent in letters of interest for appointment to the Committee. C. Kemble commented that Janet Lapsley was also interested in serving on the committee. J. Litzenberger commented whoever wants to come and be part of the committee is welcome. A motion was made by K. Gross, seconded by H. Gawronski, to appoint the following residents to the 2007 Nockamixon Community Day Committee: Denise Hall, Jim Hall, Chris Hall, Henry Gawronski, Elaine Gawronski, Kathleen Vega, Janet Lapsley, Ed Kemble and Catherine Kemble. The motion carried 4-1-0 with N. Janyszeski voting nay.
K. Gross left the meeting at 10:10 PM
E. Driveway for Gorham Property
J. Litzenberger commented that the Board voted to get information for the cost to install a driveway at the Gorham property. S. Baluh commented that A. Eichlin relayed the information to his office however the property was never surveyed and there is not enough plan information to accurately complete. He confirmed the area that would be considered. N. Janyszeski commented that walking trails, rather than a drive could be installed. Initial topographic work would cost approximately $1,500. A preliminary meeting would be needed with PennDOT to find out their requirements, because it would not be residential. He would put together a sketch plan to do an estimate rather than construction plans. The amount of $4,000, voted on at the last meeting, would be sufficient for the preliminary work.
NEW BUSINESS:
A. 2006 Concise Report – Approval to Advertise – The Board tabled until March.
B. Clean-Up Day – April 21, 2007
It was the consensus of the Board to move forward with letters and information to the businesses and residents of the Township.
C. Building and Meeting Sign-In Sheets Approval
A. Morales contacted several Townships who have implemented this for meetings and visitor’s logs. The insurance company, during their recent inspection, recommended this log. This will include committee meetings also. There were several objections from the public. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to move forward with the visitor’s log as presented, and exclude the column requesting an ‘X’ if you would like to be heard. The motion carried 4-0-0.
D. Approval to sign contract for Kintner Hill Bank Stabilization Project
The Board conditionally approved a contract with Tru-Line Contractors, the low bidder for the project. The required documentation has been submitted and S. Baluh recommended that the Board sign the contract in order to schedule the work.
A motion was made by H. Gawronski, seconded by B. Keyser, to approve signing the contract for Tru-Line Contractors to complete the Kintner Hill Bank Stabilization Project. The motion carried 4-0-0.
E. 2007-2009 Household Hazardous Waste Collection Program – Approval
A. Morales commented that this is a three year commitment, based on the census of the Township. Annual payment $457.21, three-year payment $1,371.63. A motion was made by H. Gawronski, seconded by B. Keyser, to pay the amount of $457.21/Annually for a total of $1,371.63 for a three year contract for the 2007-2009 Household Hazardous Waste Collection Program. The motion carried 4-0-0.
F. NBICDA – Project Imhotep Institute Charter High School and
Sankofa, Inc – Philadelphia, PA
A motion was made by H. Gawronski, seconded by B. Keyser, to approve the contract of $6,800,000 for the Imhotep Institute Charter High School and Sankofa, Inc.
It was explained that this is tax-exempt financing for businesses, which requires approval by the Townships. J. Litzenberger questioned why the applicant came to the NBICDA for the loan. T. Clemons commented that there could be any number of reasons, including the low percentage fee charged to initiate the transaction. Anyone can request a loan. They do not have to be located in Bucks County. If not approved, the loan application would not proceed. The motion carried 3-1-0 with N. Janyszeski voting nay.
G. Nockamixon Township Planning Commission 2006 Annual Activity Report
H. Dept. of Auditor General AG-385 Form – Approval Required
A motion was made by H. Gawronski, seconded by B. Keyser, to approve the Dept. of the Auditor General AG-385 Form as presented. The motion carried 5-0-0.
I. Request for Street Lights at SR611/32 Intersection -
H. Gawronski commented that it was brought to his attention by a resident that it is extremely dark at this intersection due to the lack of street lights. J. Litzenberger suggested that if any of the residents are concerned with the lack of lighting that they should fill out a complaint form for the Township to review.
J. Genesis Adventures – request for acknowledgement to conduct triathlon in Nockamixon Township on September 8th – It was the consensus of the Board to direct the Secretary to send a letter of acknowledgement.
-N. Janyszeski commented that she spoke with Ron Martin from PennDOT regarding the damage to the guide rails at the intersection of SR611 and Center Hill Road. PennDOT will be inspecting next week. The repair work that was scheduled in March 2007 for SR32 will begin in April.
-N. Janyszeski raised a question concerning copyrighted music that is being played at Community Day and wanted to know if the Township would be required to purchase a license. She attended the PA Park & Rec meeting and they suggested that it be reviewed by the Solicitor and that a minimal fee be paid for the permit prior to holding the event. T. Clemons explained that the exemption is limited to situations that involve transmission to the public, that there is no commercial advantage, and without the payment of any fee or other compensation for the performance, promoters, or organizers, no admission charge or if there is that it is no more than necessary to offset expenses. He believes they qualify. The concern is whether or not we are paying the performer. Original compositions of the performers are exempt, but not the music that has a copyright. T. Clemons commented that this only advises what circumstances are covered. He will review further and advise the Township.
SOLICITOR’S REPORT: There was no report
A motion was made by H. Gawronski, seconded by N. Janyszeski, to adjourn the Board of Supervisors Meeting at 10:55 PM. The motion carried 4-0-0.
J. Litzenberger reopened the meeting at 10:56 PM and commented that a motion was needed for the discussion that was held during the Executive Session held prior to the meeting. A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept Property #3 into the Open Space Program, and to approve an appraisal, the cost not to exceed $2,300.00. The motion carried 4-0-0.
A motion was made by H. Gawronski, seconded by B. Keyser, to adjourn the meeting at 10:58 PM. The motion carried 4-0-0.
Respectfully submitted,
Arlene E. Eichlin
Township Secretary
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