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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS

JULY 17, 2007

The regular scheduled meeting for July was held in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:10 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. Solicitors T. Clemons, S. MacNair and Township Engineer, S. Baluh were also present.

SCHEDULING:
The schedule for the month was referred to by Chairman, J. Litzenberger.
Correction: the August BOS meeting will be held at 7:00 PM

Chairman J. Litzenberger commented that the Board was in Executive Session from 6:50 to 7:07 PM to discuss Real Estate.

Chairman J. Litzenberger noted that meetings were held on Friday, June 22, 2007 and Friday, July 13, 2007 to discuss Township/PennDOT road issues.

MINUTES OF MEETING:
A Motion was made by H. Gawronski, seconded by B. Keyser, to approve the June 19, 2007 minutes as presented. The motion carried 4-0-0.

REQUEST TO BE ON THE AGENDA:
A. Sharon Mendelson – Discuss Business Practices – S. Mendelson wanted to know if the Township had a permitting process in place requiring a business, e.g. the Quarry, to contact the Township when it changes ownership. T. Clemons noted that as far as ownership of business stocks is concerned, that does not involve or affect the Township.

B. T. Fritz & S. Tenney – SR611 Environment and Safety – Requested that the Board use due diligence when considering the expansion of the Quarry. Concerns included the depth and the affect on the water table, noise factors, increase in quarry traffic and the additional land area that the Quarry is requesting to be rezoned. Also mentioned in the discussion was Public safety when they close SR611.

REPORTS:
A. Road Report – A motion was made by H. Gawronski, seconded by B. Keyser, to approve the June Road Report as presented. The motion carried 4-0-0. Roads are being prepared for tar & chip later this year.
 
B. Zoning Report – The Zoning Officer, P. Bent, gave the June/July report to the Board. During the past month one Residential Permit and one Non-Residential Permit have been issued. There were several enforcement issues, including: J. Andre, 29 School Drive District Court Hearing. S. MacNair commented that the Township was awarded judgment, the plaintiff may appeal. S. Bush, 8476 Easton Road clean-up. It was the consensus of the Board that all vehicles, without a current PA inspection, be removed from this property by next month. Enforcement notices were issued to Calhoun Co. and D. Brill for constructing driveways without a permit. A B.C. Conservation District letter was received approving the plan submitted for the F. Fleck property for gas exploration. P. Bent and the Board reviewed the letter that he will be sending to the property owner. No zoning use application has been received from Arbor Resources. A motion was made by H. Gawronski, seconded by B. Keyser, to accept the Zoning Report. The motion carried 4-0-0.

C. Emergency Management – E. Mocarsi, Emergency Management Member, gave the monthly report. He reviewed the Emergency Management meeting that was held on July 11, 2007. A request was made to the Board for the purchase of twenty-five weather radios to be raffled off during Community Day. A motion was made by H. Gawronski, seconded by N. Janyszeski, to spend up to $750.00 to purchase hand outs for Community Day. The motion carried 4-0-0. E. Mocarsi gave an update of the meetings held over the last month to address road and bridge conditions in the Township. J. Litzenberger thanked E. Mocarsi for his assistance in contacting the various agencies and commented that the information concerning road and bridges acquired by E. Mocarsi will be forwarded to S. Baluh, who will be the primary contact and get responses back in writing for the Township from PennDOT. E. Mocarsi requested copies on all correspondence. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to appoint S. Baluh the primary contact person for the various State and County road and bridge agencies. Under discussion, B. Keyser commented that he would like to have the Solicitor write a letter to the agencies. S. Baluh commented that correspondence will be sent to all involved parties. The motion carried 4-0-0.

D. Environmental Advisory Committee – Chairman, J. Petersen deferred to S. Donovan, who gave the report to the Board. He commented that the proposed Flexible Development Ordinance is in process. He noted that the proposed Well Water Ordinance has been reviewed by the Township Solicitor and Engineer. A request was made to the Board to have Hydro-geologist, M. Mulhall, P.C. attend the Proposed Quarry Rezoning Hearing on August 30, 2007. BNTJGWC is recording the depths of wells surrounding the Quarry. Turbidity monitoring reports (Quarry) were requested by the Committee. Aquifer testing is scheduled for the Christman property and the Board recommended that residents who are contacted should respond to this inquiry. A note will be placed on the web site and in the Township Office.

E. Open Space Committee – S. Tenney, Co-Chair, gave the report to the Board. The Committee is seeking final approval from the Board regarding the pamphlet. DCNR seminars are scheduled this fall for Grant writing and wanted to know who might be attending. A. Morales will check for dates on the web site. S. Tenney requested that the Township conduct annual inspections of the two conservation easements (Karr and Asplundh) in the Township. B. Keyser volunteered to conduct the inspections. The report continued regarding the proposed bond referendum. The Board needs additional information before making a decision. S. Tenney commented that G. Walker will be attending the Open Space meeting on Monday July 23, 2007 to discuss Bond Issues. She requested that since he will receive no pay for his time, the Township pay for his dinner. A motion was made by J. Litzenberger, seconded by H. Gawronski, to expend up to $25.00 for G. Walker. J. Litzenberger rescinded his motion, seconded by H. Gawronski. After further discussion, the Board agreed to pay up to $100.00 for members of the Open Space Committee and G. Walker. A motion was made by N. Janyszeski, seconded by B. Keyser, for the Open Space meeting on Monday, July 23, 2007, to expend up to $100.00 in expenses for Open Space Members and G. Walker. The motion carried 4-0-0.

F. Recreation Board – The Chairman T. Keebler was not in attendance, there was no June meeting. B. Naska gave the monthly report to the Board. He noted that residents are using Veteran’s Park daily. The final scheduled two-hour walk at Rapp Creek Park will be held on Saturday July 21, 2007 at 8:30AM.

G. Community Day – J. Hall, Vice-Chairman, gave the report. The Community Day Committee recommended the following vendors and presented contracts to the Board for approval and signature: Voodoo DeVille Blues Band, $500.00; Pleasant Valley Promotions, $1,245.00; and About Face-Face Painting, $350.00. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the following contracts based on Community Day Committee recommendations: Pleasant Valley Promotions, Children’s Entertainment-$1,245.00; Voodoo DeVille Blues Band-$500.00; and About Face-Face Painting-$350.00. The motion carried 3-0-1 with N. Janyszeski abstaining. E. Gawronski noted that $5,114.00 in donations and $300.00 for vendor spaces have been received. A $500.00 donation was received from the Solicitor tonight.

H. Newsletter – N. Alessi reported that the deadline for newsletter articles is Monday, July 30, 2007. The goal is to have a draft copy available for Board approval at the August meeting.

I. Treasurer’s Report –
Permission to pay the bills as presented on the bill list for July, 2007.

ESCROWS: None released this month.  

VOIDS: None

TAXES: All Quarterly taxes have been completed and filed for the second Quarter 2007. The real estate taxes of $3,361.10 have been paid. The EIT tax collection fee $18,460.06 General Collection and $8,691.95 Open Space to be paid.   

INSURANCE: Kilmer Insurance discounted $556.00 to the auto policy for the sold vehicle.

GRANTS: Received the annual Municipal Recycling Program Performance Grant application, permission to complete and submit accordingly. A motion was made by J. Litzenberger, seconded by B. Keyser, to authorize the Treasurer to submit the Municipal Recycling Program Performance Grant Application.
The motion carried 4-0-0.

Audits/Financial Reports/Retirement: Ottsville Fire Company is currently awaiting their 2006 financial report from Hutchinson, Gillahan & Freeh and well send us a coy when complete. PMRS Qtr report completed and filed. Request the Board reviews section 1803 of the Second Class Township Code and direct Treasurer accordingly in connection with the mandated financial reporting of previous spending of donated funds. It states “The fire companies shall submit to the Board of Supervisors an annual report of the use of the appropriated moneys for each completed year of the Township before any further payments may be made to the fire companies for the current year.”

QUOTES: Still waiting for the updated quote from K. Schneider in connection with the Speedprint brochures approved at the last meeting.
James S. Griesemer left information in connection with the ACT 537 Plan. He stated that he is working diligently with DEP on the Plan. Please see the information packet in your folders.

Transfers: $65,000.00 from Township’s High Yield Money Market account to Township General fund to cover all payroll cost for the month of July 2007 and bill list.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to transfer $65,000.00 from the High Yield MM to the General Fund. The motion carried 4-0-0.

BUDGET: Attached is the semi-annual budget comparison for review.

We have $(51,388.76)left in the Checking Account after payment of bills.
We have $ 86,793.57 left in the Escrow Account after bills and releasing funds.
We have $  9,086.71 left in the Community Day account after payment of bills.
We have $218,023.20 left in the State Account after the payment of bills.
We have $  3,311.25 left in the Grant Account after transfer of funds.
We have $     58.66 left in petty cash acc after reimbursements and deposits.
We have $628,704.59 in the Twp High Yield Money Market account after transfers.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the Treasurer’s Report as presented. The motion carried 4-0-0.

The Board discussed Emergency Services (UBREMS and Fire Companies) and information required in order to disburse annual funding. A motion was made by H. Gawronski, seconded by N. Janyszeski, to approve the July 2007 Bill List as presented. The motion carried 4-0-0.

PUBLIC COMMENT:
-S. Mendelson commented that when a subdivision is before the Board for consideration that the roads/driveways to houses should be wide enough to accommodate emergency vehicles. J. Litzenberger thanked all the emergency services who responded to the recent fire on Steeple Drive.
-E. McHale commented that “meals on wheels” does not cover all of Nockamixon Township. The Board suggested that a Supervisor of the Area Agency on Aging be contacted and bring this to their attention.
-R. de Socarras again cautioned the Supervisors when considering a $5 Million Open Space Bond. Be sure that there is an employee base to cover the cost.
-S. Tenney commented that the OSC is not suggesting that the Township go into debt, but that the Supervisors consider all their options.

SUBDIVISIONS:
A. Sal Lapio/Harrow Manor – improvements to PennDOT HOP, approval – T. Clemons explained that in order for the applicant to obtain a HOP, PennDOT requires the Board to acknowledge that when the road is constructed the Township will maintain the portion within the State highway. T. Clemons requested a motion from the Board to approve the acceptance of the maintenance responsibilities as contained in the Clemons letter of June 19, 2007 with a Highway Occupancy Permit Condition Statement attached, as revised on Page three, limiting the areas the Township will be responsible for maintaining. J. Litzenberger entertained that as his motion, seconded by H. Gawronski. The motion carried 4-0-0.

B. Benedict 3-Lot Subdivision – TMP# 30-11-1 – Preliminary/Final Plan Approval
D. Litzenberger, engineer for the applicant, commented that this is a proposed three-lot Major subdivision for Matt & Joyce Benedict on Church Lane containing 9.5 acres. The Planning Commission granted preliminary approval February 2007 subject to the receipt of all outside agency reviews. All outside agency approvals have been received. T. Clemons made the following recommended motion for the Benedict 3-Lot Major Subdivision Preliminary/Final Plan approval: contribution of $3,000.00 per new building lot; a Declaration of Covenants Conditions and Restrictions prohibiting further subdivision of the lots; a Deed of Easement dedicating the ultimate right-of-way of Church Lane to the Township; driveways within the ultimate right-of-way will be paved to the street cartway; well permits be obtained for Lots #1 and #3; planning modules have been approved by PADEP; installation of monumentation prior to plan recording certified by a surveyor; Land Development and Financial Security Agreement entered into with the Township and adequate security posted for the construction of public improvements including stormwater management, landscaping and erosion; prior to the recording of the plan address all outstanding issues in the Wynn Associates review letter of January 26, 2007. D. Litzenberger commented that everything in the Wynn Associates review letter of January 26, 2007 is a ‘Will Comply’, and that S. Baluh will review the plans. A motion was made by H. Gawronski, seconded by B. Keyser, to approve the Preliminary/Final Plans for the Joyce & Matt Benedict Plans before us with the conditions set forth by the Township Engineer and summarized by the Solicitor. The motion carried 4-0-0.
J. Petersen noted that several EAC comments have not been addressed including: the sand mound proposed for the existing house (Lot#2) appears to extend across the boundary, and the proposed detention basin has a triangular shape and suggested that it follow the contour of the land. D. Litzenberger commented that there is a 10-foot wide easement to service both lots, shown on the record plan, and noted that the detention basin has been revised per S. Baluh’s comments and significantly reduced in size. B. Keyser commented that the 25’ driveway should be black topped prior to any building. The applicant agreed to install the first coat. This was never required in the past.  
 
C. E. McArdle 5-Lot Subdivision grants a 90-day extension to 11/1/07 –
The Board acknowledged receipt of the extension.   
 
OLD BUSINESS:
A. Authorization to Prepare Bid Documents – SR563/412 Traffic Signal – S. Baluh commented that in order to move forward with this traffic signal, he is requesting Board authorization to prepare the project for bid. A motion was made by H. Gawronski, seconded by N. Janyszeski, to have the Township Engineer move forward with the preparation of the bid documents for the SR563/412 Traffic Signal. The motion carried 4-0-0.

B. SR611/Tower Road – S. Baluh commented that G. Neebe is working with PennDOT to work out the final details. There will be two upgrades: LED lights and equipment to allow Emergency Services to change the lights.

C. Review Parts 1 and 2 – Discussion Points K. Schneider – It was forwarded to the Planning Commission for their evaluation. Due to lack of submissions there was no July meeting. It is currently on the August agenda.

NEW BUSINESS:

1. N. Janyszeski commented that she will be attending the Lower Delaware Wild & Scenic meeting to be held in Tinicum Township. It was the consensus of the Board to have N. Janyszeski attend the meeting of July 19, 2007 representing Nockamixon Township.

B. The Board requested that the Secretary send draft copies of the minutes of both the Planning Commission and Board of Supervisors within two weeks of the meeting. They requested more summarization.

C. Beres Construction filed for bankruptcy Thursday, July 12, 2007 and all Kintner Ridge improvements have not been completed. The Township has until August 15, 2007 to exercise its rights under the lien. The Board requested recommendations of the Solicitor and the Engineer. T. Clemons recommended that the Township, at their August meeting, adopt a resolution drawing down the Letter of Credit (LOC), secure those funds in a Township account, give the bank 30-60 days after those funds have been secured to give us assurances that those improvements will be completed and then they would make a draw similar to a developer draw and reimburse; and 2, if the developer, or the bank, is not in a position to take care of business within that period of time, the Township would move forward and contract someone to complete the improvements. S. Baluh agrees with the Solicitor, his concern is the timing issue for the completion of Alexander Road before the end of October. A. Morales questioned if the LOC can be exempted under Schedule C because the developer filed for bankruptcy. It is T. Clemons opinion that the bank has a direct obligation to the township, via an irrevocable LOC, and promised the Township that if a Resolution is adopted and a site draft prepared that they will pay us, it is not the developer’s commitment, it is the bank’s commitment. The proposed resolution will be placed on the August agenda.

SOLICITOR’S REPORT:
A. Review Proposed Well Water Ordinance – S. MacNair, S. Baluh and T. Clemons have reviewed the appendices making up the proposed Ordinance. He recommended several standards that could be included: a well should produce five gallons per minute for two hours; apply this to new subdivisions; additions to homes or any use that would increase water use by 20%. T. Clemons provided the Board and the Planning Commission with a report to review prior to their August meetings. A copy of the draft ordinance will also be forthcoming within two weeks of this date. S. Donovan and Dr. Stanfield are available to discuss and assist with any issues that the Solicitor and the Engineer may have. T. Clemons requested direction from the Board regarding policy issues. Regarding technical issues, they can draft an ordinance that provides standards consistent with what he believes is being recommended. S. Baluh is prepared to discuss policy issues and submit Planning Commission recommendations. It was the consensus of the Board to move forward with the proposed well water ordinance.
B. Peddler’s/Solicitation Ordinance Update – S. MacNair explained that Chapter 152 of the Nockamixon Township Zoning Ordinance refers to the definition for peddling or soliciting of goods and wares door to door and is similar to other township ordinances. Anyone doing so should be licensed by the Township. A background check is discretionary and identification should be observable by anyone at the residence. T. Clemons commented that the current ordinance is adequate and that the Board could adopt a resolution to “amend the fee schedule” to increase the fee which is $5.00. The ordinance requires a photo ID.

-J. Litzenberger commented that earlier in the meeting a request had been made to have Matt Mulhall, P.C. attend the August 30, 2007 public hearing. A motion was made by B. Keyser, seconded by N. Janyszeski, to have M. Mulhall attend the August 30, 2007 public hearing. T. Clemons commented that he does not want the Township to provide information that may make a case for the Quarry. B. Keyser rescinded his motion, seconded by N. Janyszeski.

ADJOURNMENT:  
A motion was made by H. Gawronski, seconded by N. Janyszeski, to adjourn the Board of Supervisors meeting at 11:05 PM. The motion carried 4-0-0.

Respectfully Submitted,

Arlene Eichlin
Township Secretary