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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

January 15, 2008

The regular scheduled meeting for January was held on January 15, 2008 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:45PM with a salute to the flag. Other members present were Vice-Chair J. Litzenberger and Supervisors H. Gawronski, B. Keyser and A. Santopietro. Solicitor, Jordan Yeager and Township Engineer S. Baluh were also present.

N. Janyszeski commented that the Board met in Executive Session from 7:00-7:45PM to discuss personnel and potential litigation.

J. Litzenberger suggested the following: a motion to reconsider the January 7, 2008 Reorganization motion as it relates to A. Eichlin’s termination. A. Santopietro entertained that as his motion, seconded by B. Keyser. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to retain A. Eichlin in the same capacity as before without any break in service including her hourly rate plus a 3% increase. No severance pay and will be paid for the week off. The motion carried 5-0-0.

A motion was made by N. Janyszeski, seconded by H. Gawronski, to appoint B. Keyser Treasurer of Nockamixon Township. Under discussion, H. Gawronski commented that it should be until a new Treasurer has been appointed. The motion carried 4-0-1 with B. Keyser abstaining.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise for a Treasurer for 12-15 hours a week to replace the current interim treasurer, Keystone Municipal Services. Advertise in the Morning Call and Daily Intelligencer. Under discussion, J. Litzenberger commented that he and N. Janyszeski will compose the advertisement, salary to be determined by the applicant’s experience. The motion carried 5-0-0.

SCHEDULING: The EAC will be meeting on Monday, February 11, 2008 at 7:00PM instead of February 14, 2008. The Board discussed a change of date for the Joint Board of Supervisors and Environmental Advisory Committee and the days available for meetings with the Township Committees.These will be ad hoc meetings with a different township committee each month to discuss various topics. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to advertise the Joint Board of Supervisors meeting every month beginning Wednesday, February 6, 2008 at 7:30 PM with the Environmental Advisory Committee. These will be ad hoc meetings with a different township committee each month to discuss various issues.

The motion carried 5-0-0.

It was noted that the Emergency Management Meeting will be held on Wednesday, February 13, 2008. The Open Space meeting will be held on Monday, January 28, 2008.

A motion was made by N. Janyszeski, seconded by J. Litzenberger, to advertise the Joint Board of Supervisors with the Planning Commission on Monday, January 21, 2008 at 7:30PM at the Township Building in the Daily Intelligencer. The motion carried 4-0-1 with H. Gawronski abstaining.

PUBLIC HEARING:

• Application TMP# 30-14-20 of J&R Associates for Conditional Use to Establish

A Well Drilling Business at 8071 Easton Road.

The Solicitor, J. Yeager, opened the public hearing for J&R Associates at 8:00PM. He noted that a stenographer is present to record the proceedings. J. Yeager presented Township Exhibits A1 thru A5 which included the application for the hearing filed December 13, 2007 by John & Russell Buehler (J&R Associates) for the property located at 8071 Easton Road, TMP# 30-14-20 for a Contractor’s Use (G-4) in the “C” Commercial District. This Hearing was advertised twice in the Daily Intelligencer on January 1 and January 8, 2008. A notice was sent to the property owners who reside within 500’ of the proposed business. J. Yeager asked if anyone wanted to be a party to the proceedings. No hands were raised. After being sworn in, R. Buehler and J. Buehler gave testimony with regard to the property, the housing of the equipment, the hours of operation – 6:30AM to 6:00PM, delivery of supplies, the number of vehicles on site, the number of employees and drilling of well. The house will be leased to the current owners, Jim & Carol McClosky, for approximately six months. The 40x80 foot building will be used as an office. There are no restrictions for the rental house in the “C” District. E. Mocarsi, Emergency Management, wanted to know what chemicals would be stored. The applicant noted that fuel only would be on site. He will send a list of other chemicals that may be stored for a limited time to the Township. J. Petersen, Environmental Advisory Council, commented about the number of gallons of water that would be needed to supply the well drilling equipment and wanted to know if the applicant had another source to obtain this water. The applicant replied that they had no other source to obtain potable water. Paula Hancock voiced her concerns about the well and its affect on surrounding properties. A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept J&R Associates application for a G-4 Contractor’s Use, to establish a well-drilling business at 8071 Easton Road with the following conditions as outlined by Solicitor, J. Yeager. The solicitor noted the following: hours of operation, the proper containment of hazardous materials on site, no additional uses or rental apartments, a controlled fill site, only one business on site, add buffering and/or fencing, if needed. Under discussion, the applicant questioned the controlled fill site. If the system is failing, then the BC Department of Health would be notified and the appropriate action taken. Another condition would be obtaining the necessary permits for the septic system. The applicants agreed to the conditions as stated. The motion carried 5-0-0. The hearing was closed at 8:32PM.

MINUTES OF MEETING:

A motion was made by J. Litzenberger, seconded by N. Janyszeski, to accept the December 18, 2007 minutes as presented. The motion carried 3-0-2 with H. Gawronski abstaining, and A. Santopietro abstaining, he was not a member of the Board.

A motion was made by J. Litzenberger seconded by A. Santopietro to approve the January 7, 2008 Reorganization with the following changes.

Page 1 – Separate the Board from other attendees, remove line requesting agenda.

Page 2 – Change hourly rate to $130.00 for Solicitor; change insurance ‘carrier’ to ‘broker’; correct name of Solicitor to ‘Bookvar & Yeager’

Page 4 – change to ‘work sessions will be advertised as needed and held, etc.’

Page 5 – Change Nancy Litzenberger to N. Janyszeski as alternate to convention.

Page 6 – Motion to appoint E. Scott to Planning Commission failed 2-3-0, note and show vote of Board. For the record, nays should be recorded on the minutes.

Page 7 – Change ‘Al’ Gawronski to H. Gawronski

Page 9 – It was the consensus of the Board that health benefits are terminated on 2/14/2008, not 3/14/2008 as noted on the minutes. An employee can go on COBRA on 2/15/2008.

Page 10 – Eliminate the comment by J. Litzenberger re: Cobra

Page 11 – Clarification: The minutes reflect that J. Yeager commented that the township should designate A. Lyons as the liaison since the commission is not in place. She thought that he said that the Township should not designate a liaison until there was in fact an Historical Commission. J. Yeager commented that she willbe the contact person until the Historical Commission has been approved by the Township.

A motion was made by N. Janyszeski to table the Reorganization minutes of January 7, 2008 until the February meeting. N. Janyszeski rescinded the motion.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve the January 7, 2008 Reorganization meeting as amended. The motion carried 4-0-1 with H. Gawronski abstaining.

REQUEST TO BE ON AGENDA:

• Discussion re: Cobbler Road, L.P. Subdivision TMP# 30-11-105

R. Gundlach, attorney for the applicant, and S. Mill of Van Cleef Engineering were in attendance. The applicant, R. Harrington, was not in attendance. The property consists of 13 acres and an existing service station. R. Gundlach presented a short history of the plans that had been presented to the Township, including the four-lot plan and the list of waivers. He is requesting the Board’s comments on this sketch plan before changes are made. S. Mill reviewed the plan with the Board. Discussion included the shared driveway, easements, steep slopes and waterway crossing. R. Gundlach commented that the driveway is shared at the watercourse and then split into three separate driveways. When asked who would maintain the driveway, it was noted that an agreement, fully disclosing responsibilities for repairs to the driveway, would be drawn up by the Solicitor. All costs will be shared by the homeowners. The Board commented that there have been issues in the Township with regard to shared driveways. S. Baluh commented that this is a sketch plan and no action is required by the Board. He also noted that the intent of the applicant will be to revise the plan from twelve lots to three lots. There will not be two applications. R. Gundlach confirmed that a new layout will be presented to the Planning Commission.

• Discussion re: Christman Tract Subdivision TMP# 30-4-84, 30-4-102 & 104.

R. Gundlach, attorney for the applicant, S. Mill, Van Cleef Engineering, and the applicant D. Gross were in attendance. The property consists of approximately 46 acres with two existing dwellings. In response to extensive public comment at the December Planning Commission meeting, the applicant has submitted a sketch plan showing a flex layout consisting of one-acre lots with on-lot sewage and water facilities and an open space corridor. Consensus of the Planners was that since the property was going to be developed they would like open space included on the plan. S. Mill explained the changes shown on the sketch plan including lot size, view sheds, wells, on-lot sewage facilities, and cul-de-sac. B. Keyser was in favor of this idea, and commented that there is 75’ buffer on either side of the headwaters of the Gallows Run that needs to be addressed. S. Donovan had comments regarding the Resource Impact Study and the need for revision. The applicant was not in a position to answer at this time. They have come before the Board to discuss the concept of a flex ordinance or amendment to the Residential District to allow a flex layout. The applicant is seeking the support of the Board to work with the planning commission on a proposed flex design ordinance. J. Yeager commented that the Township is currently reviewing a proposed flex design ordinance and anyone can participate in the discussions.

C. Discussion re: Letter to Board from Glenn Neebe dated January 9, 2008 requesting Escrow Release of $40,000 from Hanson Aggregates Quarry Funds Upon Completion of Traffic Light @ Intersection of Easton and Tower Roads.

G. Neebe commented that $40,000.00 was set aside by the Quarry for the installation of a traffic signal at the intersection of Easton and Tower Roads and he understands that the correct way to move forward is to request a release of that money from the Township upon completion of the installation. A proposal has been received from Armour & Sons and he would like to know it will move forward before he signs a contract. Normally the Township would request bids however in this case it is being installed as part of the Harrow Station Land Development. Money is in escrow for the signal. A motion was made by J. Litzenerger, seconded by H. Gawronski, to release the $40,000.00 Hanson Aggregates escrow upon satisfactory completion to the Township of the traffic signal at Tower Road & SR611 contingent upon a review by the Solicitor J. Yeager. The motion carried 5-0-0. G. Neebe will await the review by the Solicitor before signing a contract. J. Yeager commented that the money is available and he will review the terms of the escrow money.

REPORTS:

• ROAD REPORT – Consideration to Award Gas and Diesel Contract

G. Housworth requested permission from the Board to replace a damaged cell phone.

A motion was made by H. Gawronski, seconded by J. Litzenberger to replace the cell phone of E. Ridge for the cost of the $50.00 deductible. The motion carried 5-0-0. A question was raised regarding Board consideration to changes to the pension plan. N. Janyszeski will contact a neighboring township for additional information.

A motion was made by H. Gawronski, seconded by J. Litzenberger to approve the December 2007 Road Report. The motion carried 5-0-0.

The following bids were received for gas and diesel:

Farm & Home Oil (diesel fuel only)

Ultra Low Sulfur Diesel Fuel $ 3.1380 per gallon

Heating Oil 3.0995 per gallon

Brinker’s Fuels

Low Sulfur Diesel Fuel $ 2.885 per gallon Floating price

Heating Oil 3.02 per gallon Floating price

Gasoline – Riegelsville Facility Floating Price 3.209 per gallon (89 octane)

3.309 per gallon (93 octane)

Stem Brothers, Inc.

Ultra Low Sulfer Diesel Fuel $ 3.009 per gallon Floating price

Heating Oil 3.189 per gallon Floating price

Gasoline (Floating Price) 2.889 per gallon (93 octane)

2.729 per gallon (89 octane)

A motion was made by J. Litzenberger, seconded by H. Gawronski, to award the bid to Brinker’s Fuels for the Low Sulfur Diesel @ $2.885/Gallon, Unleaded Gas (92 Octane) @ $3.309/Gallon, Unleaded Gas (89 Octane) @ 3.209/Gallon. The motion carried 5-0-0.

B. Zoning Report – No Report

C. Emergency Management – E. Mocarsi requested clarification regarding Junior EMA members. The Board commented that insurance was the concern. The Township is working on the link for Emergency Management.

D. Environmental Advisory Committee – J. Petersen, Chairman, gave the report. There were questions about the earthwork at the Cabot site and they requested a site visits. It was noted that the PADEP has issued a permit for the work. There will be no inspections at this time. Water testing was done at Turkey Hill and problems were found with the water. G. Neebe commented that additional testing showed no signs of contamination and that a water treatment system has been installed.

Act 537 has been on hold temporarily, until other ordinances have been reviewed.

E. Open Space – S. Tenney presented the report to the Board. They requested a change to two meetings: May 26 th to May 19 th and December 25 th to December 15 th.

F. Recreation Board – Member, B. Naska, gave the report. The flower bulbs have been received and will be planted shortly. J. Litzenberger had a request for the Board from T. Keebler to install 3’x4’ vinyl sponsor banners along the fence at the ball field during the summer months that will be removed at the end of the season. It was the consensus of the Board to allow signs on the backstop during the summer.

PUBLIC COMMENT:

-J. Gartner, Gartner Building Group, wanted to confirm that the building inspector is at the Township for twenty hours a week. It was noted by the Board that he is not here for that amount of time. He is in the building six hours a week and makes appointments for the rest of the time. J. Gartner prefers morning inspections vs. afternoon inspections due to the weather and its affect on the job site.

A. Santopietro will discuss with the inspector.

-S. Mendelson wanted to know the office hours now that the Secretary was reinstated. The Board noted that they are 9AM-5PM Monday-Friday.

-S. Tenney commented that, since work has been started at the Cabot site, the Township get information out to the community regarding base-line testing of well water. S. Tenney suggested a proactive mailing or posting at area stores. B. Naska commented that letters were sent to residents when the first well was proposed. The Board will discuss at a later time. S. Tenney requested volunteers to put up posters.

-M. Reymann, a member of the Palisades Conservancy, offered to insert a note in their newsletter.

-B. Kierney wanted to know that since the Secretary is back, will Keystone still be in the office in a managerial position at $100M+ a year. N. Janyszeski commented that Keystone is here on an interim basis and are currently overseeing the Treasurer’s work. The Board will be hiring a treasurer as soon as possible. Keystone will be in the office for 24 hours weekly until the end of January, the hours will be reduced to 16 hours weekly in February.

-S. Donovan commented about a traffic incident at the intersection of Marienstein Road and North SR611. He suggested a stop sign on Marienstein Road before making the turn to go North on SR611. The Board commented that the State should be notified since it is a State Road. Regarding the Flexible Ordinance, he commented that the Township should push the proposed ordinance. A developer’s check list is being considered by the EAC which includes items that need to be addressed prior to accepting fees.

-C. Bahnck commented that he was upset with what transpired at the reorganization meeting of last week. He was relieved that the Board members responsible for letting office personnel go amended their vote. He came to the meeting to defend the clerks based on their job performance, but it is no longer needed. He was seeking accountability of the Board for their actions. Currently, there is a surplus of funds in the Township and he suggested a cost analysis and requested that they not be frivolous with Township monies. It is up to them to restore the integrity of the Board.

N. Janyszeski commented that she has always kept what was best for Nockamixon Township first and will stand by the decisions made then and now. The position currently filled by Keystone Municipal Staffing Services for interim Treasurer’s duties is necessary until an employee can be hired.

OLD BUSINESS:

• Appointment of Zoning Hearing Board Solicitor

N. Janyszeski commented that this year and in the past, the Board of Supervisors has appointed the Zoning Hearing Board Solicitor. It has come to the Board’s attention, that the Zoning Hearing Board appoints their Solicitor. A letter was received from the Zoning Hearing Board members recommending that Peter N. Harrison be reappointed. Mr. Harrison will be notified of his appointment. J. Yeager commented that the action taken at the last meeting by the Board is void. However the Board needs to authorize payment to the Zoning Hearing Board Solicitor.

A motion was made by H. Gawronski, seconded by J. Litzenberger, on the recommendation of the Zoning Hearing Board, to appoint Peter N. Harrison as their attorney in order to pay the bills that will be presented to the Township.

H. Gawronski amended his motion, seconded by J. Litzenberger, to include the hourly rate that was requested on his letter of interest. The motion carried 5-0-0.

NEW BUSINESS:

A. River Road Meetings – N. Janyszeski commented that she attended a meeting sponsored by Con. P. Murphy. Other local legislators were also in attendance. They are forming a River Road Alliance for all businesses along the river from Riegelsville to New Hope. All are welcome to join the Upper Bucks Chamber of Commerce at no fee for one year. It includes free advertising and the use of all Chamber e-mail solicitation, regular mailings, and websites.

B. PSATS Convention – A. Eichlin commented that the PSATS convention will be held May 11 thru 14, 2008 and requested an out-of-meeting check. A motion was made by H. Gawronski, seconded by N. Janyszeski, to expend up to $1,500.00 for fees to send Township Delegates to the PSATS Convention. The motion carried 5-0-0.

SOLICITOR’S REPORT:

J. Yeager commented that the decision of the Harrow Station LLC Conditional Use Hearing is available for signature by the Board.

Chair N. Janyszeski called a recess at 10:35 PM.

Chair N. Janyszeski reconvened the meeting at 10:50 PM.

TREASURER’S REPORT:

In the absence of a formal bill list, A motion was made by J. Litzenberger, seconded by H. Gawronski, to expend the necessary payroll bills up to $40,000.00/month, and normal Township expenses up to $45,000.00/month and expect a bill list not to go over these numbers next month at the Board of Supervisors meeting. Under discussion, J. Litzenberger commented that this will allow the Township to pay bills. Bills that were not on the list will be detailed by the interim Treasurer next month and requested a January and February Bill List. The motion carried 5-0-0.

A motion was made by A. Santopietro, seconded by H. Gawronski, to pay A. Morales $14.00/Hr for eight (8) hours on Tuesday, January 15, 2008. N. Janyszeski noted that it was to facilitate the interim 2007 audit. J. Litzenberger commented, for the record, that A. Santopietro and N. Janyszeski requested that A. Morales volunteer her time, outside of a meeting, and the Board is approving payment of her time. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to change the office hours to Mon-Fri from 9:00AM-5:00PM and to advertise the Township Committee monthly meetings. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 10:55 PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary