MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS

APRIL 17, 2007

The regular scheduled meeting for April was held in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:04 PM with a salute to the flag. Other members present were Supervisors H. Gawronski, B. Keyser and N. Janyszeski. Vice Chairman K. Gross was not in attendance. Solicitor T. Clemons and Engineer S. Baluh were also present.

H. Gawronski requested a moment of silence for the victims of the Virginia Tech shooting.

SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.

MINUTES OF MEETING:
A Motion was made by H. Gawronski, seconded by B. Keyser, to approve the March 20, 2007 minutes as presented. The motion carried 4-0-0.

PUBLIC HEARING – Proposed Ordinance – Extraction of Oil and Gas
T. Clemons opened the public hearing at 7:05PM. He commented that this is an amendment to the current Ordinance which affects Oil & Gas. Drilling is permitted currently by Conditional Use throughout the Township. This would limit extraction to the Industrial and Quarry Districts. It also imposes some regulations on the conduct of that activity including Conditional Use Approval through a hearing before the Board and that regulations be in place to make sure that any adverse consequences of that activity are prevented and remediated if necessary. It contains requirements for viewscapes, posting of financial security, permits, fencing and other screening requirements. The ordinance was advertised in The Intelligencer on April 3 and April 10, 2007, and was forwarded to the B.C. Planning Commission and the Nockamixon Township Planning Commission for review.
J. Litzenberger opened the hearing to the public. S. Mendelson and S. Donovan commented that they were grateful that it was being addressed and that the Board should move forward with discussions for amendments to this ordinance. S. Donovan added that the insurance rating should be addressed and suggested that an attorney familiar with Oil & Gas have the opportunity to review this amendment. The hearing was closed to public comment. The chairman entertained comments from Board Members. H. Gawronski commented that the ordinance is too restrictive with regard to the amount of acreage and setbacks where drilling is allowed. N. Janyszeski read line items from the Arbor NPDES application regarding chemicals that will be used in the drilling process. In answer to the question posed by B. Keyser, T. Clemons commented that when considering an amendment a package of revisions should be addressed due to the amount of time needed to review. S. Baluh explained that when substances are on a property, i.e. fuel, it has to be identified and a plan in place to address any problems that may occur. J. Litzenberger considers this amendment a living law and/or document this type of operation is new to our community and that new technology is always on the horizon. He suggested that an attorney who is knowledgeable in this type of Gas & Oil exploration should review proposed amendments. He commented that drilling should be allowed in the Residential-Agricultural ‘RA’ District. A motion was made by B. Keyser, seconded by N. Janyszeski, to adopt the amendment to the Oil & Gas Ordinance (Ordinance #129). The motion carried 3-1-0 with H. Gawronski voting nay. The public hearing was closed at 7:10 PM.

REQUEST TO BE ON THE AGENDA:
A. J. Comly – re: property at 8831 Easton Road-TMP# 30-11-202-6
J. Comly commented that Revere was rezoned several years ago. She would like the Board to consider rezoning her property from “R” Residential to “VC” Village Center. Her property has been evaluated by several people and she was advised that the property value had decreased. If documentation is required, an application should be filled out for a private rezoning request. This is a legislative decision at the discretion of the Board. It was noted that the Comprehensive Plan and the B.C. Planning Commission requested the downsizing of the “VC” district. The Board suggested that she contact the Zoning Officer, P. Bent.
B. Todd Stone – Letter of Support – Growing Greener Grant
T. Stone, Gallows Run Watershed Assoc. President, commented that he is seeking a letter of support from the Township to apply for funding of the Camp Nockamixon Stream Restoration Project. This is a $300,000.00 project and they are requesting $140,000.00 from the DEP to restore the problem area. A motion was made by J. Litzenberger, seconded by H. Gawronski, to send a letter of support for the Grant to fund the Camp Nockamixon Stream Restoration Project. N. Janyszeski commented that if any donation to the group is tax deductible, it should be reflected in the letter. The motion carried 4-0-0.

C. Tpr. Groman – Camp Cadet Program – Tpr. Groman gave a presentation regarding the PSP Camp Cadet Program. He brought flyers and applications for Boys and Girls 12-14 years old interested in attending. It covers the three-county area of Bucks, Lehigh and Northampton. This is the only program sponsored by the State Police. The Board presented him with a check for $1,000.00.

REPORTS:
A. Road Report – Requesting permission to advertise
Road Materials and Tar & Chip project for 2007
G. Housworth commented that the Kintner Hill Stabilization project will be completed by the end of the week – line painting is scheduled for the week of May 7 for the following roads: Ealer Hill, Kintner Hill between Center Hill and Lake Warren, Nockamixon, Rock Ridge, Beaver Run and Lake Warren. A motion was made by H. Gawronski, seconded by B. Keyser, to approve the March 2007 Road Report as presented. N. Janyszeski read an update from Ron Martin of PennDOT regarding Kintner Hill at the intersection of SR611, a new inlet box is being considered at Revere, a new wall will be built at Center Hill and SR 611. J. Comly commented about water runoff along SR611 and the impact it has on her property as well as the property across the street (Country Time Store). After a lengthy discussion, it was the consensus of the Board to have a Supervisor and S. Baluh meet with PennDOT officials concerning the water runoff issues. The motion carried 4-0-0.

B. Zoning Report – The Zoning Officer, P. Bent, gave the report to the Board. He commented that nine zoning permits were issued during the month and updated the status of enforcement notices. The Board requested that the building inspector review and re-inspect the retaining wall that was built for the 3-Lot subdivision on Easton Road. No response has been received from J. Andre regarding the February 21, 2007 enforcement notice. Additional action may be taken by the Township. A motion was made by N. Janyszeski, seconded by B. Keyser, to move forward with Civil Action against John & Tracey Andre, 29 School Drive. The motion carried 4-0-0. Information was received from Arbor Resources, LLC on April 11, 2007 (dated March 23, 2007) notifying the Township and County that they are applying for individual NPDES permits from PADEP. T. Clemons commented that there is a 30-day comment period concerning the application regarding drilling operations on the Braccia property. He recommended that the Twp. Engineer conduct a technical review of the application and the matters that are addressed. It includes a land-use information questionnaire required with one significant blank regarding zoning approval which has not been obtained. A motion was made by J. Litzenberger, seconded by B. Keyser, instructing the Solicitor and Twp. Engineer to respond appropriately to the Arbor Resources NPDES permit application. The motion carried 4-0-0. S. Tenney requested clarification of the Cobbler Road LP Subdivision DEP problems, the silt fence in particular. S. Baluh will contact the B.C. Conservation District for an update.
A motion was made by H. Gawronski, seconded by B. Keyser, to accept the Zoning Report as presented. The motion carried 4-0-0.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise the Tar & Chip bid, Road Materials as presented and the Crushed Aggregate bids on Thursday April 27 and May 3, 2007. The motion carried 4-0-0.
G. Housworth contacted B.C. Roads & Bridges regarding the bridge on Old Easton Road. There is no timetable to reconstruct the bridge at this time.

C. Emergency Management – E. Mocarsi, Emergency Management Member, read the report. He updated the Board on the following issues: activity of the rising river, abolishment of the regional EMA, Township Disaster Recovery Plan, Township Watch, a webpage for the EMA, Vehicle Identification, a Wireless Router, and a two-drawer locking cabinet. J. Litzenberger commented that it is up to the Board of Directors of the Township Watch to dissolve and is contained in their by-laws (501c(3)). It was the consensus of the Board to move forward with the EMA Webpage. It  will be limited to one page and focus on the most important information. A motion was made by J. Litzenberger, seconded by H. Gawronski, to purchase three pair of magnetic vehicle signs at a cost of $270.00, and a Wireless Router at a cost not to exceed $150.00. The motion carried 4-0-0. The Board requested that Angie research the cost of the two-drawer file cabinet and additional file cabinets for the office.

D. Environmental Advisory Committee – S. Donovan, EAC member, gave the report which included the following: review of comments from S. Baluh regarding the well ordinance, revised plans received from Cobbler Road LP and Park View Estates for review, a Veteran’s Park site visit, and the proposed rezoning of the Quarry. They are requesting that the Board of Supervisors authorize M. Mulhall, P.G., a hydro-geologist to review the Quarry rezoning plans as well as other reports. S. Mendelson commented that the EAC attended the seminar sponsored by the DEP concerning dark skies held in Doylestown, PA. S. Baluh commented that an independent study should be conducted to review the hydro-geologic study on the Township’s behalf. There are no time constraints as there would be for a subdivision. It was the consensus of The Board that the EAC request a proposal from M. Mulhall and that it include the number of hours needed to review the Quarry rezoning plan.

E. Open Space Committee – S. Tenney, Co-Chair, gave the report to the Board. An Open Space Forum will be held on Thursday, April 26, 2007 at the Audion in the Palisades High School. Open item question regarding the Open Space Budget Line Item. Since the Township does not have a Financial Manager she would like to speak with a firm in Philadelphia regarding the raising and leveraging of funds without increasing taxes (Public Financial Management). She thanked the Board for their support for the Open Space Grant (DCNR).

F. Recreation Board – T. Keebler, Chairman, gave the report to the Board. The Board reviewed the Use of Facilities Application for Veteran’s Park. They requested that a date be added to the form in order to time-stamp the requests. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the Veteran’s Park Use of Facilities Application as presented. The motion carried 4-0-0. It was the consensus of the Board to have T. Keebler fill out the form received from the B.C. Dept. of Health regarding park activities. He presented the 2007 list of tractor drivers to the Board for Veteran’s Park. It was the consensus of the Board to approve the 2007 tractor drivers as presented. Park & Rec is awaiting a written response from the EAC regarding the extension to the ball field. It was noted that there is debris beyond the ball field, and requested that the Road Crew remove. B. Naska was approved as a member of the Park & Rec Board and he presented several programs to the Board of Supervisors which included hiking trails in ‘Rapp Creek Park’ along the existing paths, trails or open areas, and star gazing events. Permission has been obtained from property owners surrounding this area. No date has been set for these events. The Board was concerned with the liability issues and requested that A. Morales contact the Insurance Broker. It was the consensus of the Board to move forward with the programs.

G. Community Day – J. Hall, Vice-Chairman, was not in attendance. No report.  
H. Treasurer’s Report – A. Morales commented that the Board, at the March meeting, had directed her to obtain quotes for maintenance agreements for the Township traffic signals. She requested an extension. The Board granted the request.
Permission to pay the bill list for April 2007.

GRANTS: The Kintner Hill Stabilization project is underway and we have received their first request for a partial payment.

QUARTERLY: Preparation of all First Quarter reports for employment taxes has been completed and filed. First Quarter Municipal Retirement System report has been completed and filed.

REPORTS: Open Space Financial Report – attached and previously mailed.

Reimbursement Forms: A. Morales 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).

TRANSFERS: Permission to transfer $12,312.00 from the Grant account to General funds to cover preliminary expenses paid for the Kintner Hill Stabilization project this month. A motion was made by J. Litzenberger, seconded by H. Gawronski, to transfer $12,312.00 from the Grant Account to General Funds to pay for the Kintner Hill Stabilization Project.

VOIDS: 8700 REPLACED WITH CHECK NUMBER 8715 – Check was written to PSATS and it was supposed to be written to N. Janyszeski.

The newsletter was sent out this week. The amount of the postage check was $199.00. This was not enough money and she took the balance that was due for postage, $130.00, from petty cash. There is a check on the bill list to petty cash to pay back the account.

We have $ 23,911.19 left in the Checking Account after payment of bills.
We have $ 96,991.85 left in the Escrow Account after bills and releasing funds.
We have $ 94,497.20 left in the State Account after the payment of bills.
We have $ 51,819.82 left in the Grant Account after transfer of funds.
A motion was made by N. Janyszeski, seconded by B. Keyser, to accept the bill list as presented. The motion carried 4-0-0. H. Gawronski did not approve Check #8733.

A. Morales commented that the 2006 Elected Auditors preliminary report given to the Board last month is requesting permission to destroy duplicate blank checks. A motion was made by J. Litzenberger, seconded by B. Keyser, to approve Recommendation #9 to shred the blank checks as recommended, Checks #6256 through #6352. The motion carried 4-0-0.

A. Morales commented that it is very time consuming to open a passbook for Grants. It was suggested by the Board that a limit be placed on the amount of each Grant passbook. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve Recommendation #5 to transfer all the passbook accounts to statement accounts. The motion carried 3-1-0 with H. Gawronski voting nay.

A. Morales informed the Board of her conversation with Chris Evans PEMA/FEMA regarding interest gained from funds allocated to the Township for projects. It was noted that interest is hard to track when all grants are deposited in the same account. J. Litzenberger commented that he is aware that interest needs to be paid back and asked for suggestions from the Treasurer. After a short discussion the Board agreed to open a new account for all grants applied for in excess of $25,000.00. A motion was made by N. Janyszeski, seconded by B. Keyser, to open separate accounts for each Grant that is applied for and approved in the amount of $25,000.00 or more. The motion carried 4-0-0.

A motion was made by N. Janyszeski, seconded by B. Keyser, that in addition to the use of the Reimbursement form that there be a 90-day limit to turn in receipts for purchases. The form would also include the revision and date.
The motion carried 4-0-0.

PUBLIC COMMENT:
-R. deSoccarras commented that since the Township has never been in debt and the referendum that passed recently was to purchase Open Space, not to plunge the Twp into a $5 million debt. Where will the money come from if the EIT decreases? He does not want that to happen to the Township and believes it is not fair to the taxpayers to support that kind of debt.
-S. Mendelson read a statement regarding light, cedar trees and water.
-S. Tenney requested an update for the roadway to the Sibre property. S. Baluh commented that the weather has delayed the work. He will have additional information next month
-M. Comly wanted to know what was happening with the rezoning ordinance amendment.
It was noted that it may be sent to the Planning Commission next month.
-L. Gaul extended an invitation to Township Residents to attend the Open Space Forum at the Palisades High School Audion
-B. Naska commented that at one time his ten-acre farm consisted of Cedar Trees only, but the hard woods are now taking over his property.
-A. Balogh noted that this is called ‘natural succession’.
 
SUBDIVISIONS:
A. Wm. Glazier/Prime Major Sub. grants extension to July 3, 2007.
The Board acknowledged receipt of the extension.

1. D. Gross/Beaver Run 3-Lot Major Sub. grants extension to July 1, 2007.

The Board acknowledged receipt of the extension.
 
C. Sal Lapio Homes (Harrow Manor) Major Sub. grants extension to Sept 30, 2007.
The Board acknowledged receipt of the extension.

D. Benedict 3-Lot Major Subdivision – Approval of O&M Agreement – Lot #2 - A motion was made by H. Gawronski, seconded by B. Keyser to approve the O&M agreement for Lot #2 of the Benedict 3-Lot Major Subdivision. The motion carried 4-0-0.

OLD BUSINESS:
A. 2006 Elected Auditors Report – Discussion/Direction   
Observation #10 – the Board reviewed signed blank check #164. J. Litzenberger requested that it be voided. A motion was made by N. Janyszeski, seconded by H. Gawronski, to void Check #164, Observation #10 on the 2006 Elected Auditors Report, and archived with the current checks. The motion carried 4-0-0.

B. Township Disaster Recovery Plan – Emergency Management Agency  
The Board discussed earlier in the meeting and commented that they would like this information in small increments rather than one large program. Prioritize as to importance. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the Township Disaster Recovery Plan as outlined by the Emergency Management Agency with the understanding that as each section is presented, that the Board approve. The motion carried 4-0-0.

C. NBICDA – Appoint Designee (Chairman) – A motion was made by H. Gawronski, seconded by B. Keyser to appoint Chairman, J. Litzenberger as the Designee for the NBICDA authority. The motion carried 4-0-0.    

D. Kintner Hill Road Streambank Stabilization – Authorization of payment – This was addressed on the bill list. S. Baluh commented that after completion of the project that additional stabilization was needed on the highest slope, and he asked the contractor to install additional rip-rap. The cost would be an additional $2,500.00 over the contract amount. A motion was made by H. Gawronski, seconded by B. Keyser, to expend an additional $2,500.00 to install more rip-rap on Kintner Hill Road to stabilize the bank. The motion carried 4-0-0.

E. Work Sessions – B. Keyser spoke with the Planning Commission and the EAC members regarding work session meetings to review the Township Ordinances. The date for the first session is Monday, May 14, 2007 - 7:30 PM to 9:30 PM. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to advertise the work session. The motion carried 4-0-0.

NEW BUSINESS:
A. Appointment of Delaware River Flood Task Force Representative – A motion was made by B. Keyser, seconded by N. Janyszeski, to appoint N. Janyszeski as the Delaware River Flood Task Force Representative with H. Gawronski serving as an Alternate. It was noted that H. Gawronski volunteered to be the representative. The motion carried 4-0-0.

1. Participate in “Delaware River Comprehensive PA” Feasibility Study

A. Eichlin commented that she spoke with B. Guth, a Bridgeton Supervisor, who noted that a donation may be required by the Townships in order to move forward with this study. J. Litzenberger added that if a Township, or anyone, sponsors an event that an assumption is made that money will be donated. N. Janyszeski noted that if the Townships along the river decide not to participate, it will not move forward. After a short discussion, the Board requested additional information and tabled until next meeting.

1. Adopt Resolution #4-11-2007 for DCNR Grant –

A motion was made by H. Gawronski, seconded by B. Keyser, to retroactively approve Resolution #4-11-2007 DCNR Grant on April 17, 2007. The motion carried 4-0-0.

SOLICITOR’S REPORT: There was no report. T. Clemons left the meeting at 8:30 PM.

ADJOURNMENT:  
A motion was made by B. Keyser, seconded by H. Gawronski, to adjourn the Board of Supervisors meeting at 10:45PM. The motion carried 4-0-0.

Respectfully Submitted,

Arlene Eichlin
Township Secretary

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