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MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
MARCH 20, 2007
The regular scheduled meeting for March was held in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:05 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 was also present.
J. Litzenberger commented that the Board met in Executive Session from 6:45 PM to 7:03 PM to discuss real estate.
SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.
S. Mendelson commented that the movie ‘An Inconvenient Truth’ would be shown at the Palisades High School on Thursday, March 29, 2007 at 7:00 PM sponsored by the EAC.
MINUTES OF MEETING:
A Motion was made by K. Gross, seconded by H. Gawronski, to approve the February 20, 2007 minutes as presented. The motion carried 5-0-0.
A motion was made by H. Gawronski, seconded by K. Gross, to approve the February 27, 2007 minutes as presented. The motion carried 5-0-0.
REQUEST TO BE ON THE AGENDA:
- Revere-Ferndale Hunting Club – Rezoning – C. Lehr, Treasurer, gave background to the Board and read a list of current and past uses for the Club building and property. They believe that this property is more compatible with ‘VC’ than the ‘R’ District. J. Cegielski commented that this property was zoned ‘VC’ purposely during the last rezoning and would like it to remain. B. Keyser commented that Bucks County recommended that this district be downsized. A motion was made by K. Gross, seconded by H. Gawronski, to include TMP# 30-7-38 with the other properties that will be rezoned to ‘VC’ as voted at the Public Hearing on February 27, 2007. Under discussion, H. Gawronski commented that this parcel is 1.53 acres, which cannot be developed unless approved by the Zoning Officer. Only the driveway remained in ‘VC’. T. Clemons noted that information will be coming from S. Baluh concerning the split-zoned parcels and then the ordinance will be prepared. K. Gross commented that it fits the needs that it is suited for now, makes it conforming with the lot size as well. The motion carried 3-2-0 with B. Keyser and N. Janyszeski voting nay. It was the consensus of the Board that this would be the last ‘VC’ change.
REPORTS:
A. Road Report – G. Housworth commented that they cleared the roads during the past snow storms and that the Kintner Hill stabilization will begin Monday, March 26, 2007. A motion was made by K. Gross, seconded by H. Gawronski, to accept the February 2007 Road Report as presented. The motion carried 5-0-0.
B. Zoning Report – The Zoning Officer, P. Bent, gave the report to the Board. He noted that eight zoning permits were issued during the month and updated the status of the pending enforcement notices. The signage and canopy for the Turkey Hill gas station at the Harrow Station has been approved. The Township is awaiting plans for the underground storage tanks. 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 – No one from Emergency Management was in attendance.
D. Environmental Advisory Committee – J. Petersen, Chairman, gave the report to the Board. The TreeVitalize Grant was returned with the suggestion that it be re-submitted by April 15, 2007. They will prepare the resubmission. The EAC will be attending a program addressing Outdoor Lighting in Doylestown on March 28, 2007.
J. Petersen was seeking permission from the Board to have S. Baluh copy correspondence to each member of the EAC. The Board agreed to his request.
E. Open Space Committee – S. Tenney, Co-Chair, gave the report to the Board. The Open Space Forum will be held at the Palisades Middle School Audion on Thursday, April 26, 2007 at 7:00 PM. The Committee will be sending out ‘save the date’ cards and are requesting postage and advertising funds up to $200.00. A motion was made by J. Litzenberger, seconded by H. Gawronski, to expend up to $200 for postage for the Open Space Forum mailing. The motion carried 5-0-0. The Treasurer requested receipts for the stamps. S. Tenney commented that the OSC would like the Board to consider using EIT funds to reimburse property owners up to $2,000.00 for appraisals for those who donate their conservation easements to the Township. She believes the evaluation process would move more smoothly and meet the December 2007 deadline. T. Clemons commented that it would be a worthwhile and cost efficient method for properties that meet the criteria and donate an easement. The Board may want to set a maximum price. The Township would pay the title insurance and reimburse the land owner. J. Litzenberger was concerned that property owners would miss the deadline. T. Clemons commented that the Township should adopt a policy to include an application deadline, pay the costs that are incidental to settlement including the title insurance. Reimburse the property owner’s appraisal up to $2,500.00 and have them present an invoice to the Township at settlement for properties who donate their easements and meet the guidelines for preservation to Open Space. Monies will be funded by the Open Space .25% EIT. K. Gross entertained that as his motion, seconded by H. Gawronski. The Board will make the final determination whether to accept properties. The motion carried 5-0-0.
S. Tenney commented that since the Township has limited EIT funds, we can wait for more funds or request that a referendum, a bond issue in the amount of five million dollars, be placed on the ballot. S. Tenney noted that the money in the EIT fund would be used, but a cost analysis would have to be done to determine the final bond amount. The County will be issuing a bond for $100 Million Dollars which is matching funding and Open Space would like some of this money to purchase additional easements. K. Gross commented that the current EIT money being collected would pay the bond. S. Tenney added that a tax increase would be needed for the $5M bond. However, the current EIT would support a $2.675 Million bond. R. de Socarras suggested meetings to explain to the taxpayers what would be incurred. T. Clemons commented that other municipalities authorize bonds up to a certain amount. A decision would have to be made by the Board in July in order to place it on the November ballot. It was the consensus of the Board that the Open Space Committee bring information to the April meeting including tentative dates and proposed easements. The Open Space Committee requested a post office box to receive appraisals and applications. A motion was made by K. Gross, seconded by H. Gawronski, to approve a post office box at a cost of up to $50.00 for the Open Space Committee. The motion carried 5-0-0. The Open Space Committee will open the box and bring one of the keys to the Township building.
F. Recreation Board – appointment of B. Naska to replace J. Rimmer (term expires 12/31/2008). T. Keebler, Chair, gave the report. He requested Board approval to remove the telephone at Veteran’s Park. T. Clemons did not see this as a problem. It was the consensus of the Board to remove the phone. T. Keebler commented that Park & Rec is being billed for electric, porta-potties and the water test and wanted to know if the Board would consider paying these bills out of the General Fund. Since those facilities are used at the Park, it was the consensus of the Board that payment will come from the Park & Rec Fund. – There is a problem with the length of left field in the upper ball field, and he is requesting that the tree line be pushed back another 50’. After removal of the brush, a grass field would be planted. B. Keyser suggested that the EAC review the plan. It was the consensus of the Board that T. Keebler contact the EAC after he has flagged the field. - T. Keebler is also requesting permission from the Board to replace the temporary fence with a permanent one at both ball fields. – B. Naska submitted a resumé to the Board for appointment to the Park & Rec Board to replace J. Rimmer. A motion was made by H. Gawronski, seconded by K. Gross to appoint B. Naska to the Park & Rec Board. Under discussion, it was noted that B. Naska has not attended a meeting. H. Gawronski amended his motion, seconded by K. Gross, to appoint B. Naska to the Rec Board with the condition that he is approved by the Park & Rec Board. The motion carried 4-1-0 with N. Janyszeski voting nay.
G. Community Day – J. Hall, Vice-Chairman, commented that C. Hall is the Chairman of the committee which met on March 4, 2007. Meetings will be held on the first and third Wednesday of the month at 7:00 PM in the Township Building. Volunteers are needed. - H. Gawronski received information from Richland Township regarding their Community Day Funding. They have a budget of $15,000, receive donations of $12,500, spent $18,014.25, and rent everything. He wanted to clarify why costs were so high for Community Day in 2006. The township purchased tables, chairs, a large tent a container, a stage and various other items. It had been noted previously that Richland spent $6,000/year however they deducted the donations from the expenditures.
-G. Housworth inspected the tent jacks and was of the opinion that they would work. A motion was made by K. Gross, seconded by H. Gawronski, to approve the purchase of the tent jacks for $742.00 and to reimburse J. Hall. K. Gross noted that there are only a few volunteers to help with the tents and that these jacks will shorten the set up time. J. Hall will make any necessary repairs prior to delivering to the Township.
The motion carried 5-0-0.
H. Treasurer’s Report -
Permission to pay the bill list for March, 2007.
BUDGET – Re-appreciation of the 2007 Municipal Budget.
TAXES – 2007 Township Real Estate Taxes for TMP-30-013-029 for the County is $773.26 and Township $35.24 totaling $808.50 for the 29 Schoolhouse Way property.
Since A. Morales has been appointed Grant Seeker she would like to fine tune the grant procedure. No information was received by the Township regarding the denial of the TreeVitalize Grant.
GRANTS – The Ealer Hill Phase II grant Closeout report was submitted in the amount of $5,000.00, interest on grant accounts must be paid back to DCED. The Contract informs the Grantee that each grant must go into a separate account. She looked at the contract for Ealer Hill and page 3 sub paragraph (d) states that Funds paid to a contractor must be in an identifiable account with the contract number separate and special of all other financial accounts. The funds left in the account after transfer of Ealer Hill Funds is 63,926.90 leaving the $61,113.38 (Kintner Hill Funds) and its interest of approx. $2,813.52 (approx. $216.00 per mo.)
Park and Recreation Grant of $10,000.00 the funds were deposited in the general fund 9/2006. She needs direction from the board on how to proceed, if any action is needed at this time. T. Keebler commented that quotes for the new park building will be obtained shortly. The Board requested that A. Morales present recommendations received from the auditor at the next meeting. A motion was made by K. Gross, seconded by H. Gawronski, to transfer the $10,000 Park & Rec Grant to the interest bearing Grant Account. Also a separate grant folder with each grant segregated in that folder. The motion carried 5-0-0.
CONTRACTS – PSATS Life Insurance Premium will not go up this policy period through 4/2008 – PSATS Group Dental Insurance will be increasing at 4.9%, last year it was $2,341.20. The expected increase will be approx. $2,465.10 – PSATS Weekly Disability Insurance will not increase.
Davis Business Machines – Our current annual Contract is $1,048.95 which includes toner and 80,000 copies. We have been going over the allowance by 18,414 at the rate of 0.0120 a copy ($220.97). A. Morales would like to increase the contract amount to include 100,000 copies. A motion was made by J. Litzenberger, seconded by K. Gross, to increase the contract to 100,000 copies. The Board requested additional information concerning the cost for these copies. No information was available. J. Litzenberger amended his motion, seconded by K. Gross, to approve 100,000 copies as long as it is less than $1,269.92. The motion carried 5-0-0.
SOFTWARE – MS Publisher 2003 and Digital Image 10 was received and installed.
TELEPHONE SYSTEM – 3 Vodavi phones purchased and installed - CTCO will be known as Frontier Communications.
REIMBURSEMENT FORMS – She made a general reimbursement for Township use. Please review and make a motion to accept and use. (This form will not replace P.O.’s)
TRAINING/CONFERENCES – LTAP 2007 Roadway Management Conference – 2007 PSATS CONFERENCE (reimbursement reminders) – 2007 PSATS Convention (reimbursement policy reminder)
INSPECTIONS – The Township had its annual Fire Alarm Inspection. There are no recommendations and all items were found to be functional.
ELECTED AUDITORS – The Nockamixon Township Elected Auditors have filed their Auditors’ report and it is available for inspection.
2007 DCED Annual Municipal Report has been prepared by Hutchinson, Gallihan and Freeh, P.C., sent to Bucks, President Judge of the Court of Common Pleas and the Secretary of Community & Economic Development and is available for Inspection.
- 2007 Concise Balance Sheet should be advertised, posted on the Township Website and is available for inspection at the Township Building, if adopted at tonight’s meeting and presented.
- Permission to transfer $5,000.00 from the Grant account to General Funds to cover expenses paid for the Ealer Hill project of $9,963.86 (not including labor).
RELEASE OF ESCROWS: Request permission to release $1,000.00 driveway escrow after being held since 2004 for Mr. & Mrs. Muscara.
We have $ 32,841.96 left in the checking account after payment of bills.
We have $ 92,232.95 left in the escrow account after bills and releasing funds.
We have $ 98,173.21 left in the State Account after the payment of bills.
We have $ 63,926.90 left in the Grant Account after transfer of funds.
A motion was made by K. Gross, seconded by H. Gawronski, to transfer $5,000.00 from the Grant Fund to the General Fund to cover the expenses of the Ealer Hill project. The motion carried 5-0-0. - A motion was made by K. Gross, seconded by H. Gawronski, to approve the Treasurer’s Report dated March 20, 2007 as presented. The motion carried 5-0-0. - A motion was made by K. Gross, seconded by H. Gawronski, to release the driveway escrow to Mr. & Mrs. Muscara. The motion carried 5-0-0.
A motion was made by K. Gross, seconded by H. Gawronski, to advertise the 2006 Concise Report in the DelVal News. The motion carried 5-0-0. - A motion was made by K. Gross, seconded by H. Gawronski, to approve the March 20, 2007 bill list with one addition, $742.00 for J. Hall. The new amount would be $65,814.44. The motion carried 5-0-0.
PUBLIC COMMENT:
-L. Arbor noted that Palisades ranks 17th highest of 743 schools in the State for Teacher’s salaries. A bill is in the PA State House to increase the Davis/Bacon Bid requirement from a minimum of $10,000.00 to $25,000.00 and he would like everyone to call their Legislator and ask them to support this bill.
-S. Mendelson commented that there will be an article in the Newsletter addressing the quality of night sky viewing in the Township. She is requesting that the Board consider designating one of our parks as a Sky Park in the future.
-J. Comly requested to be on the agenda of an upcoming meeting. The Board suggested that she send a letter to the Secretary with her request.
-E. McHale clarified a statement made by J. Hall. She did not request to be on the Nockamixon Community Day Committee because of ill health, but because N. Janyszeski was seeking new volunteers.
-P. Cody commented that she is renting the farm that is currently up for subdivision by E. McArdle (five-lot) and is actively interested in buying and preserving that piece of property. She was encouraged by the Board to attend the Open Space and EAC meetings.
SUBDIVISIONS:
A. Cobbler Road L.P. Major Subdivision grants an extension to June 23, 2007.
The Board acknowledged receipt of the extension.
- E. McArdle Major Subdivision grants an extension to August 1, 2007.
The Board acknowledged receipt of the extension.
LAND DEVELOPMENTS:
A. Wehrung’s Phase II Land Development grants an extension to September 30, 2007.
The Board acknowledged receipt of the extension.
OLD BUSINESS:
A. Revere Chemical – Revisions of Declaration of Covenants – Approval. T. Clemons commented that the purpose of the declaration, which has the consent of the EPA through prior approval, contains specific plans to include picnic groves, playing fields and those types of structures on this property. With the help of G. Seibel, a first amendment was added to the declaration that would permit, subject to a specific plan, disturbance of the flow of groundwater outside of the cap. A motion was made by K. Gross, seconded by H. Gawronski, to approve the revisions of the Declaration of Covenants. T. Clemons commented that it will be forwarded to the EPA for their final approval. The name change suggested by the Township was not addressed in this revision and may not be required. He will request permission from the EPA to erect a sign on the property identifying it as ‘Rapp Creek Park’.
The motion carried 5-0-0.
B. D. Gross/Beaver Run – Operation & Maintenance Agreement – Approval – A motion was made by H. Gawronski, seconded by B. Keyser, to approve the Operation & Maintenance Agreement for the D. Gross/Beaver Run Subdivision. The motion carried 4-0-1 with K. Gross abstaining.
- Proposed Amendment to the Nockamixon Township Ordinance for the
Recovery of Subsurface Oil & Gas Deposits – Version 2
T. Clemons commented that the Board, at their last meeting, had directed his office to make two changes to the Oil & Gas Ordinance. Changes were forwarded to both the Nockamixon Township and B.C. Planning Commissions for review and comment. The two changes were: to permit the drilling for Gas & Oil in the Industrial and Quarry Districts only and to reincorporate the changes recommended in one of the drafts by T.J. Walsh and remove changes that had been requested by the EAC. At the end of the 30 day review period, the Board can adopt the ordinance and, if there is a consensus of the Board to authorize, it could be advertised for a public hearing at the April 2007 meeting and adopted at that time. A motion was made by J. Litzenberger, seconded by K. Gross, to advertise for the adoption of the Amendment to the Oil & Gas Ordinance at the April 2007 Board of Supervisors meeting. Under discussion, J. Petersen questioned why the rating of the companies was B+++ and not A. T. Clemons commented that there is not a material difference between an A- rating and a B+ rating. He does not believe that this should stand in the way of getting this ordinance adopted. J. Litzenberger commented that it has to do with the amount of company assets. N. Janyszeski noted that she is ready to approve this ordinance knowing there will be continuing discussion for changes at a later time. The motion carried 4-1-0 with H. Gawronski voting nay.
D. Millage Freeze Ordinance #127 – Correction - K. Gross corrected the Millage Freeze Ordinance to read as Ordinance #127.
E. Planning Commission 2006 Annual Activity Report – Approval – A motion was made by K. Gross, seconded by H. Gawronski, to approve the 2006 Annual Activity Report as presented. The motion carried 5-0-0.
F. 2007-2008 Salt Contract – A motion was made by H. Gawronski, seconded by K. Gross, to approve the 2007-2008 Salt Contract. The motion carried 5-0-0.
G. Traffic Signal Updates – SR563/412 K. Gross contacted S. Baluh and A. Eichlin regarding the traffic signal. The curbing needs to be installed first at the Freeman property. Then move forward with the bidding process.
SR611/Quarry/Tower Road – S. Baluh advised K. Gross that PennDOT will not consider installing a traffic signal at this intersection until after the gas station has opened and a traffic count has been conducted. S. Baluh will contact PennDOT with the request to install a traffic signal before the opening and advise of the results. Gorham Property – K. Gross asked S. Baluh for a progress report on the installation of a roadway. Engineers are on site for surveying and topography work.
I. Workshop for Comprehensive Plan and SALDO – B. Keyser requested a meeting with the Supervisors, Planning Commission, Zoning Officer, Engineer and EAC to review Township Ordinances in order to become familiar with the process. The Board recommended joint work sessions. B. Keyser as the liaison will contact all parties involved for available dates to hold workshops in order to advertise. He also referred to an article that appeared in the newspaper regarding ordinances and suggested that the Township review. T. Clemons commented that the Township could readopt the Zoning Ordinances, SALDO and review as though they were brought before the Board for the first time. He recommended that the Board readopt the land use ordinance and particularly the zoning ordinance with all the amendments. When asked what the cost would be, T. Clemons commented that five to ten hours would probably be needed. A motion was made by J. Litzenberger, seconded by K. Gross, to authorize T. Clemons office to review the Township Land Use and Zoning Ordinances and make sure that the procedural process in which they were adopted was correct. The motion carried 5-0-0.
J. Newsletter Update – N. Janyszeski commented that the newsletter will be going to press shortly. She noted the following: designate one person from each committee to send a final news article; the capability of adding inserts; deadline for articles is Friday prior to the Board meeting. K. Gross suggested the addition of pictures and contact information. All information in the newsletter will be clarified. A. Morales requested that Community Corner, tidbits from residents, be added. It will be addressed next issue.
NEW BUSINESS:
A. Schedule April Budget Session – Re-allocation – Advertise – The Board discussed re-allocating funds when a request is made and re-allocate at that time. T. Clemons read Section 3202(e) – The Board can make supplemental appropriations for any purpose from any funds on hand or estimated to be received, including the proceeds of borrowing authorized by law. This allows what was being discussed by the Board. Supplemental appropriations may be made whether or not an appropriation for that purpose was included in the original budget. The Township can have funds coming in or have general funds sitting in an account and T. Clemons believes that the Board would be free to do that. Section 3202(f) refers to the transfer of unencumbered monies from one Township account to another (Road Dept to Open Space) of funds that were budgeted. It can be moved after March 30, 2007 by a motion approving those transfers, a reallocation/reclassification of the budget. J. Litzenberger commented that if additional monies are coming in that were not previously budgeted for or appropriated for (new grants), all the other items can be reallocated/re-appropriated at whatever period of time is deemed appropriate. A. Morales commented that the Board did approve Line 114 for OS easements and line purchases @$290,000.00. The Board removed the normal land purchases which could be reclassified/reallocated ($400,000). T. Clemons commented if there are funds sitting in an Open Space account that have not been allocated under the budget, reallocate after March. If you are talking about unallocated funds, then make a motion in two months to approve the purchase from the General Fund that is unallocated, not budgeted. J. Litzenberger added it can be taken from a prior surplus. E. Gawronski commented that if you have $400,000 in unexpended funds then you can reallocate at that time. They opted to leave the budget as is.
B. Commonwealth of PA Public Utility Report – Approval Required – A motion was made by K. Gross, seconded by H. Gawronski, to accept the Commonwealth of PA Public Utility Report as presented. It will be done on line and the completed form copied to the Board. The motion carried 5-0-0.
- Contract for Comm. Revitalization Assistance Program –
Signature required ($5M – Canopy)
A motion was made by K. Gross, seconded by H. Gawronski, to sign the contract for the Community Revitalization Assistance Program. The motion carried 3-2-0 with B. Keyser and N. Janyszeski voting nay.
- Contract for Real Estate Appraisel – Requires signature –
It was noted by J. Litzenberger that this contract has already been signed.
- Township Disaster Recovery Program – Emergency Management Agency –
The Board tabled until April BOS meeting.
- PA State Police – Camp Cadet, Inc. – Donation Request –
A motion was made by K. Gross, seconded by B. Keyser, to donate $1,000.00 to the PA State Police Camp Cadet Program. Under discussion J. Litzenberger commented that the Township receives over $5,000.00 from the PSP for miscellaneous fines. The motion carried 5-0-0.
- B.C. Dept of Health – Requests permission to spray for West Nile Virus –
A motion was made by K. Gross, seconded by H. Gawronski, to approve B.C. Dept of Health spraying for West Nile Virus where needed. Residents requested notification prior to spraying. The motion carried 5-0-0.
- Proposed Estimate for SR611/412 Loop Sensor Repair – Approval $900.00.
A motion was made by K. Gross, seconded by H. Gawronski, to approve the loop sensor repair for $900.00, payable to Armour at the SR611/412 intersection. The motion carried 5-0-0.
-N. Janyszeski commented per a discussion with G. Housworth that the Township is responsible for repairs to traffic signals. Since there will be two additional traffic signals installed that the Township should consider obtaining a service contract. The Board directed the Treasurer to obtain proposals for an annual maintenance service contract from C&R Electric and Armour & Sons Electric, Inc.
A motion was made by N. Janyszeski, seconded by K. Gross, to purchase seven (7) new chairs for the meeting room. Cost not to exceed $1,500.00.
The motion carried 5-0-0.
-A. Eichlin commented that a request was received from State Rep. Marguerite Quinn to use the Township Building as a satellite office from 9AM-1PM several days a month. A motion was made by H. Gawronski, seconded by K. Gross, to approve the use of the Township Building as a location for a satellite office for Rep. Marguerite Quinn several days a month during the hours presented. The motion carried 5-0-0.
-A. Eichlin was seeking direction from the Board regarding the four-drawer file cabinet in the office. There is a problem when closing the top drawer. A phone call was made to Lizelle and parts are free however the hourly rate is $76.00 from the time they leave the office. The Board suggested that we ask the Road Department to make the repairs.
-It was noted that residents of Kintner Hill had been notified of the work that will be done starting March 26, 2007.
SOLICITOR’S REPORT: There was no report.
ADJOURNMENT:
A motion was made by H. Gawronski, seconded by K. Gross, to adjourn the Board of Supervisors meeting at 10:05PM. The motion carried 5-0-0.
Respectfully Submitted,
Arlene E. Eichlin
Township Secretary
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