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MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS

AUGUST 21, 2007

The regular scheduled meeting for August was held in the Township building in Ferndale, PA. Chairman J. Litzenberger opened the meeting at 7:23 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.

Chairman J. Litzenberger commented that the Board was in Executive Session from 6:45 to 7:22 PM to discuss Potential Litigation.

MINUTES OF MEETING:
A Motion was made by H. Gawronski, seconded by N. Janyszeski, to approve the July 17, 2007 minutes as presented. The motion carried 4-0-0.

PUBLIC HEARING:
A. Proposed Ordinance Municipal Waste and Recyclables – T. Clemons opened the hearing at 7:25PM. The Township had a solid waste management ordinance that required licensing by anyone who hauled municipal waste in Nockamixon Township. A court case determined that municipalities could not regulate this type of waste removal. The DEP has since adopted regulations and the B. C. Planning Commission developed the Solid Waste Management Plan. Instead of licensing haulers in the Township it requires that waste haulers register in the Township and provide satisfactory evidence that they have met DEP requirements. Haulers have to provide a list of vehicles, their size and insurance information. Fines can be issued for non-compliance. This public hearing was advertised Tuesday, August 14, 2007 in The Intelligencer. The Board confirmed that no trash hauling fees can be collected by the Township. J. Litzenberger opened the hearing to public comment. There being no public comment, the Chairman called for the motion. A motion was made by H. Gawronski, seconded by B. Keyser, to adopt the Municipal Waste and Recyclable Ordinance #132. The motion carried 4-0-0. T. Clemons closed the hearing at 7:30PM

REQUEST TO BE ON THE AGENDA:
A. Linda Jenny and Sandy Weber – Public Safety. L Jenny had several questions concerning the bridge at Old Easton Road and SR611. She wanted to know procedures doe bridges in the Township when they are not up to standards. The Board, for the record, advised that this is a County bridge. Board Members had contacted County and PennDOT officials. The County is moving forward with plans to repair the Old Easton Road Bridge. S. Baluh commented that all State and County bridges are reviewed every two years, but that no reports were received by the Township. At the residents request, S. Baluh suggested that the Township install approved warning signage with yellow flashing lights. T. Clemons noted that the Township Engineer could contact the individuals responsible for inspecting bridges in this jurisdiction and request the inspection results. It was the consensus of the Board to have S. Baluh and the Roadmaster obtain pricing for the rental of yellow flashing lights, and that S. Baluh send a letter to PennDOT and Bucks County requesting the latest bi-annual bridge inspection reports. S. Baluh gave a status report on the Old Easton Road bridge, the SR611 washout, and SR32. No information is available on the Ferndale Bridge. J. Litzenberger commented that Hon. M. Quinn and PennDOT will be inspecting roads in this area next week. She was invited to attend the Board meeting, but was unavailable. E. Mocarsi requested an update on issues of the July 13, 2007 meeting. S. Baluh will follow-up with R. Martin. (PennDOT) 

B. K. Schneider – Brief Report – Community Debt
The report consisted of debt incurred by all county school districts. He commented that debt is determined by student population and density and that Palisades Has the lowest debt in Bucks County.

REPORTS:
A. Road Report – Reschedule Tar & Chip
G. Housworth requested an extension for completion of the Asphalt Maintenance Solutions LLC contract to September 30, 2007. There was a consensus of the Board to send out the extension letter - The Board was in receipt of a letter from E. Litzenberger donating a paver to the Township. The consensus of the Board was to accept the gift of the paver from E. Litzenberger. A letter will be sent to the donor acknowledging receipt. The Township will no longer receive Way-lite and G. Housworth requested ¼” Clean at $11.60/Ton delivered from Hanson to store at Hidden Valley. Since the Township has a contract with Hanson Aggregates for this material, no additional bids are required. It was the consensus of the Board to have the Township purchase the stone, the roadmaster will determine the amount needed. A motion was made by H. Gawronski, seconded by B. Keyser, to accept the July Road Report as presented. The motion carried 4-0-0.
 
B. Zoning Report – P. Bent presented the report to the Board. Four Residential permits were issued by the Township. The Andre case has been appealed. S. Bush has one car remaining for removal. With permission of the Board, P. Bent will issue another enforcement action. After inspection by the Roadmaster, the pipe installed by D. Brill is deemed suitable for a limited use driveway. B. Keyser commented that residents are doing work to their property prior to contracting the Township for the necessary permits. All property owners should comply with Township requirements. 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. Ginette Mocarsi is the newest member of the EAC. He commented that VOAD training is open to the public on Thursday, September 13 from 6pm-9pm and Saturday, September 15, 2007 from 9am-4:30pm at St. Luke’s Church, Ferndale. Contact Linda Frey at 610-847-5775 or lwfrey@epix.net to register. E. Mocarsi (EMA) requested to be reinstated, in conjunction with S. Baluh, to assist with follow up on the progress of road and bridge repairs. J. Litzenberger commented that he was inclined to give S. Baluh another month to move forward. A motion was made by B. Keyser, seconded by N. Janyszeski, to allow E. Mocarsi (EMA) to work with S. Baluh and contact PennDOT and County Representatives. Under discussion, S. Baluh commented that he will work with any person designated by the Board. E. Mocarsi will work with Steve up to and including the resolution of the action items. The motion carried 3-1-0 with H. Gawronski voting nay. E. Mocarsi presented a weather radio to the Township.

D. Environmental Advisory Committee – Chairman, J. Petersen presented the report to the Board. He requested an allocation of $50.00 from the Board for supplies to prepare their exhibit for Community Day. A motion was made by J. Litzenberger, seconded by B. Keyser, to spend up to $50.00 for supplies for the EAC Community Day exhibit. The motion carried 4-0-0. They are preparing a review letter for the Byers Road 2-Lot Subdivision for submission to the Planning Commission. He commented that the EAC has several issues to discuss regarding the Quarry Permit Renewal.

E. Open Space Committee – S. Tenney, Co-Chair, gave the monthly report. She thanked the Board for printing the Open Space Brochures. The Open Space Committee requested up to $100.00 for postage and banner for Community Day. A motion was made by J. Litzenberger, seconded by H. Gawronski, to spend up to $100.00 for the Open Space Committee for Community Day events. The motion carried 4-0-0. The Monday, August 27, 2007 meeting will include the Board of Supervisors and J. Litzenberger asked T. Clemons what the procedure would be for discussion, but not for making any decisions. T. Clemons that if no decisions will be made, it can be advertised as a special meeting. Financial information will be available the night of the meeting. A motion was made by B. Keyser, seconded by J. Litzenberger, to advertise the Monday, August 27, 2007 meeting as a joint Supervisor work session with the Open Space Committee. The motion carried 4-0-0.

F. Recreation Board – The Chairman T. Keebler was not in attendance, there was no June meeting. E. Gawronski gave a short report to the Board. The Park & Rec Board will be attending Community Day and will be selling Nockamixon Township shirts and providing maps for the public.

G. Community Day – C. Hall, Chairman, gave the report. All the entertainment has been secured, and there is a new event, a watermelon eating contest. The ice cream truck, provided by Turkey Hill, will be taken care of by the Community Day Committee. They are seeking volunteers Thursday, September 20 and Friday September 21, @7:30AM to set up the event and Saturday night September 22, 2007 to help remove the tents, etc.

H. Newsletter – N. Alessi commented that they are seeking final approval from the Board in order to send to send the newsletter to the printer prior to the next Board meeting. A motion was made by H. Gawronski, seconded by B. Keyser, to approve the newsletter as presented with any other changes deemed necessary. The motion carried 4-0-0.

I. Treasurer’s Report –
Permission to pay the bills as presented on the bill list for August, 2007.
Our Auditors are attempting to limit and decrease actual paper use. They would like permission to do as much as possible via internet or CD.
IT: We received a quote for the purchase of a new server. Permission to pay no more than $1,500.00 including parts and labor for a Township Server for the Office. The Township IT vendor, Affordable Computer Repair, will be installing the server.  
ESCROWS: There will be a release on the letter of credit for the Erhardt Subdivision in the amount of $10,750.00. There has been no authorized release of any cash escrow being held by the township at this time.
GRANTS: The recycling grant has been prepared and will be sent out tomorrow. The township has not heard from the Senior Center with respect to the 2008-2009 Grant Application.
Annual Donations: The American Chestnut Foundation will be renewed for 2007-2008 this month.
Litzenberger Excavating, Inc. donated a 1980 Leeboy Paver to the township today, August 21, 2007. The insurance policy increase to add the paver to the township policy will be no more than $100.00
VOIDS: None
Classes/Education: PennDOT is changing its procurement process for liquid fuels. A. Morales requested permission to attend the class. The training locations are to be either District 5 or 6. There is no charge.
A. Morales will be attending the 2008 Budget Preparation class by DCED on September 6, 2007. This is a Thursday and full day class. There is a $50.00 charge. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to expend no more than $50.00 to have A. Morales attend the 2008 Budget Preparation (DCED) Class on September 6, 2007. The motion carried 4-0-0.
A motion was made by H. Gawronski, seconded by N. Janyszeski, to purchase a server for the office, cost not to exceed $1,500.00, includes installation and software. The motion carried 4-0-0.
We have $ 19,886.56 left in the Checking Account after payment of bills.
We have $ 93,456.05 left in the Escrow Account after bills and releasing funds.
We have $ 10,300.00 left in the Community Day account after payment of bills.
We have $630,920.93 in the Twp High Yield Money Market account after transfers.
A motion was made by J. Litzenberger, seconded by N. Janyszeski, to approve the August 2007 Treasurer’s Report as presented. The motion carried 4-0-0.
A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the August 2007 Bill List as presented. The motion carried 4-0-0.

PUBLIC COMMENT:
-L. Arbor commended the Gallows Run Watershed Assoc and the Open Space Committee respectively for their newsletter and pamphlet. Complaints are still being received by the Township regarding SECTV. N. Janyszeski commented that she has spoken with Tim Himmelwright of SECTV who is willing to discuss current projects with the Board at a work session. RCN Corporation is subcontracting through Frontier Phone Company’s call center and they are currently installing cable hook-ups in Riegelsville. It was the consensus of the Board to send correspondence to RCN Corporation, Verizon and SECTV inviting them to attend an ‘information gathering session’ scheduled for 6:00 PM, prior to the September 18, 2007 Board meeting.
-H. Nast commented that she is unable to hear Board members and requested microphones in the meeting room. The Board directed the Secretary to e-mail E. Mocarsi to gather information for the installation of a speaker system for the meeting room.
-P. Keyser asked if the Board has taken a position on the situation in Western Pennsylvania that has nullified Township Ordinances. B. Keyser commented that the Board held an Executive Session to discuss possible litigation. T. Clemons noted that it was the opinion of the solicitor that the township takes some action to avoid the arguments that were presented in the Salem and Oakmont cases. He recommended a ‘Curative Amendment’ to revise the current ordinance that deals with oil and gas as a use to address the issues that were raised by the Oakmont case and explained the process. T. Clemons advice to the Board is that they adopt an amendment quickly so that if there is activity that commences here that we have an ordinance in place that is clearly distinguishable from Oakmont and Salem. When asked if the Township has heard from Arbor Resources, T. Clemons noted that correspondence has been sent to Arbor advising them of current ordinances.
 
SUBDIVISIONS:

1. Sal Lapio Homes (Harrow Manor) 15-Lot Major Subdivision

Planning Module Approval TMP# 30-15-1-2
S. Baluh commented that information is still forthcoming from the B.C. Planning Commission and recommended that the Board table. It will be on next month’s agenda.
 
RELEASE OF ESCROWS:
A. Erhardt Subdvision – Voucher #3 - $10,750.00 payable to Beatriz Erhardt
A motion was made by H. Gawronski, seconded by B. Keyser, to release the $10,750.00 from the Erhardt Subdivision, Voucher #3, payable to Beatriz Erhardt. The motion carried 4-0-0.

OLD BUSINESS:
A. Resolution #8-21-2007 for the traffic signal at SR611/Tower/Quarry Rds. S. Baluh commented that preliminary approval was given to the design by PennDOT and they need additional information including this resolution and accident history. When received they will proceed with the installation of the light. A motion was made by H. Gawronski, seconded by B. Keyser, to approve Resolution #8-21-2007 for the traffic signal at SR/611/Tower/Quarry Roads. The motion carried 4-0-0.  

B. Permission to advertise the Monday, September 10, 2007 – Joint Work Session.
A motion was made by H. Gawronski, seconded by N. Janyszeski, to advertise the Monday, September 10, 2007 joint work session at 7:30 PM. It was noted that the agenda would be the Groundwater Ordinance and that M. Mulhall, P.G. be in attendance to answer questions. A. Eichlin confirmed that he was contacted and will attend. The motion carried 4-0-0. A. Eichlin requested a motion from the Board to approve spending funds for his attendance at the meeting. A motion was made by H. Gawronski, seconded by N. Janyszeski, to expend up to $300.00 for M. Mulhall’s attendance at the September 10, 2007 joint work session. The motion carried 4-0-0.

1. Review Parts 1 & 2 of Presentation by K. Schneider

A. Eichlin commented that the Planners will review each subdivision plan within a certain distance of schools and consider the addition of curbs and sidewalks and recreation land rather than a $3,000.00 fee in-lieu-of for each new building lot. It was noted by J. Litzenberger that the Planning Commission is an advisory board and the Board of Supervisors will consider their recommendations. It was the consensus of the Board that when a subdivision or land development application is submitted and is within a mile of the school, that consideration be given to curbs and sidewalks and 10% recreation land rather than a fee in-lieu-of per new building lot.

NEW BUSINESS:
A. Resolution #8-21-2007A – Declaring Default – Beres Construction
T. Clemons commented that Beres construction (Kintner Ridge) entered into a Financial Security/Land Development agreement in 2002 to complete certain improvements on their subdivision by 2003. The Solicitor’s office requested completion in 60 days, but they were not completed during this time period. This resolution will declare them in default of their Financial Security/Land Development agreement and direct Abington Bank to pay the amount by drawing down the Letter of Credit in order to complete improvements. A motion was made by H. Gawronski, seconded by N. Janyszeski, to adopt Resolution #8-21-2007A declaring default for Beres Construction (Kintner Ridge). Residents voiced their concerns about the monies available to complete the improvements and the well protection agreement that was entered into, based on the issuance of the last building permit. The motion carried 4-0-0.

B. Schedule 2008 Budget Work Sessions – The Board discussed the dates to consider for the 2008 Budget Work Session. A motion was made by H. Gawronski, seconded by N. Janyszeski to advertise the 2008 Budget Work Session to be held on Wednesday, September 26, 2007 at 7:00 PM. The motion carried 4-0-0.

The Board opted to discuss the ‘request for sign’ prior to the Quarry Annual Permit renewal.
C. Request for Sign – Center Hill Road – Susan Odor brought in a letter written by her daughter regarding the installation of ‘school bus stop ahead’ signs for the stop at 118C Center Hill Road. A motion was made by H. Gawronski, seconded by B. Keyser, to contact PennDOT and request that the ‘school bus stop ahead’ signs be placed near the 118C Center Hill Road address. It was noted that all requests are handled on a case by case basis. The Board was disappointed that the applicant was not in attendance. The motion carried 4-0-0.

D. Quarry – Annual Permit Renewal – D. Hill, environmental Manager for Hanson Aggregates BMC was in attendance. He discussed the Wynn Associates review letter of July 9, 2007 with the Board. The Quarry is in compliance with the letter and permit applications have been submitted to the appropriate agencies. He addressed his ‘Items to Complete List’. At the request of the EAC, the Quarry will monitor the turbidity meter during their regular hours of operation. They again requested an additional meter. D. Hill commented that the PADEP does not require two turbidity meters, but the quarry will continue to review the data. Dr. Stanfield recommended perhaps data could be taken in 15-30 minutes intervals due to the changes that can occur. D. Hill commented that there is a reading every five seconds and assures that nothing is going into the settling pit. J. Diamond would like the Supervisors to think about the entire Rapp Creek watershed and is concerned about the runoff from development that has occurred since 1995. The Rapp Creek channel has widened and there is not a large buffer zone between the road and creek. He is also concerned about all the water that is being pumped out of the water tables. D. Hill commented that stormwater is running directly into Rapp Creek and gouging out the ditches. The discussion continued regarding DEP bonding and how the amount is determined. There is a new parent company and all permits will move forward. Hanson will continue as an aggregate company. D. Hill recommended that the Township coincide their extraction permit to the end of October so that the Mining License and the Certificate of Insurance corresponds. S. Baluh commented that when the permit is issued now it will be good until October 2008. T. Clemons recommended that the Board approve the permit to extend through October 31, 2008 subject to the conditions that those items that have not been addressed and the Township Engineer’s list of ‘Items to Complete’ be completed and that the Insurance Certificate for 2008 be provided and license be provided through October of this year. D. Hill commented that the reason for moving the timetable is to have their inspection during the summer, and any issues can be addressed prior to permit approval. H. Gawronski entertained that as his motion, seconded by N. Janyszeski. The motion carried 4-0-0.

H. Gawronski discussed the canopy from Celina Tents and the bill for $5321.04 which includes freight charges. No discount was allowed. It will be paid for by the Grant from Sen. Wonderling’s office. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve payment of the bill for the canopy in the amount of $5,321.04. The motion carried 3-0-1 with N. Janyszeski abstaining.

SOLICITOR’S REPORT:
T. Clemons had no report, but wanted to clarify that the Board would not be taking any action on the Oil & Gas.

A. Eichlin commented that Board approval is needed to have S. Baluh, Township Engineer and the Roadmaster attend the Rte 412 Safety Audit on September 12 and 13, 2007. A motion was made by H. Gawronski, seconded by B. Keyser, to authorize the Township Engineer and the Roadmaster to attend the Rte 412 Safety Audit on September 12 & 13, 2007. Meetings will be held at the Township Building. The motion carried 4-0-0.

A. Eichlin requested permission from the Board to attend VOAD training on September 13 & 15, 2007. It was the consensus of the Board to approve A. Eichlin, as well as A. Morales attend the training classes.

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