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MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

February 19, 2008

The regular scheduled meeting for February was held on February 19, 2008 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:47PM 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, real estate and litigation.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule. A. Eichlin commented that the office of Rep. Quinn cancelled hours for Wednesday, February 20, 2008 due to illness.

MINUTES OF MEETING:

A motion was made by H. Gawronski, seconded by B. Keyser, to approve the January 15, 2008 minutes as presented. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by B. Keyser, to approve the Special Meeting Minutes of January 28, 2008 as presented. The motion carried 5-0-0.

REQUEST TO BE ON AGENDA:

A. Presentation to T. Stone – Congressman Murphy’s office –

L. Glick, Outreach Director for Congressman Patrick Murphy, thanked the Board for allowing this presentation. L. Glick recognized T. Stone, President of the Gallows Run Watershed Association, for his work promoting the environment and water resources. An ‘Extension of Remarks’ was then read and presented. T. Stone thanked the Board and Congressman Murphy and accepted this award in the spirit of working with everyone who volunteer their time. This includes surrounding Townships and committees.

B. Joe Gartner – Inspection Concerns

J. Gartner commented that since the change of inspectors he has experienced a problem a site inspection. He noted that an early morning inspection had been scheduled and was not advised that the inspector was unavailable. R. O’Brien of Keystone Municipal Services stated that inspection hours are Monday, Wednesday, Friday from 1-3:30PM. After a short discussion, R. O’Brien commented that the office will call if an inspector is detained.

REPORTS:

• ROAD DEPARTMENT – Salt Contract Participation Agreement 8/2008 – 7/2009

Resolution # 2-19-2008

A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the January 2008 Road Report as presented. The motion carried 5-0-0. G. Housworth gave a short report to the Board. The Board reviewed the specs that were received for the new International dump truck and components at a cost of $102,903.00. The truck is being purchased thru the State Bid program. A motion was made by H. Gawronski, seconded by A. Santopietro, to purchase, thru state bid, the International 7400 SFA 4X2 from Five Star International, LLC for $57,412.00. Under discussion, J. Litzenberger requested the amount budgeted for Capital Purchases. The amount is $130,000.00. The motion carried 5-0-0. A motion was made by A. Santopietro, seconded by H. Gawronski, to award the bid, under state contract to E.M. Kutz, Inc., Morgantown Road, for the plow, spreader and box for $45,491.00. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the Salt Contract Participation Agreement from 8/2008 – 7/2009 Resolution # 2-19-2008 for the Sodium Chloride (Road Salt) for Contract #C000031118. H. Gawronski amended his motion, seconded by A. Santopietro, to approve Resolution #2-19-2008 to purchase #6810-02 Sodium Chloride (Road Salt) through the State Contract for the August 2008 – July 2009 Season, electronically. The motion carried 5-0-0.

B. Zoning Report – R. O’Brien, Keystone Municipal Services, presented the zoning report to the Board. The discussion continued with regard to Tabor Road, and Beaver Run. S. Baluh commented that the under drain and trap was not installed at this time to prevent sediment from entering Rapp Creek. In order to prevent this from happening, a Subdivision amendment could be enacted by the Township. A list can be comprised by S. Baluh of issues to be addressed. A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the Zoning Report as presented. The motion carried 5-0-0.

C. Emergency Management – E. Mocarsi, Emergency Management Member gave the report. He commented that the website is up and running and can be accessed thru the Township website via nockamixonema/wordpress.com. Due to the many courses available to the EMA, they will clarify which courses are required for their members.

D. Environmental Advisory Committee – J. Petersen, Chairman, gave the report. Items reviewed included: Cabot, Turkey Hill, the Quarry and Cobbler Road LLP. S. Baluh commented that a permit has been issued by the B.C. Conservation permit for the Cabot site and the applicant is complying with the requirements. It was noted that gaskets located in the vault containing the gas tanks at Turkey Hill were replaced.

E. Open Space Committee – N. Alessi, Co-Chair, presented the report to the Board. She noted the Joint Work Session with the Board the first Wednesday in March. The Committee requested approval from the Board to attend the PA Land Conservation Conference (2008) in Malvern, PA.A motion was made by B. Keyser, seconded by J. Litzenberger, to fund the Open Space Committee to attend the conference. Cost not to exceed $1,000.00. The motion carried 5-0-0. N. Alessi requested an update of the Township Open Space Plan (1999). Funding is available through the County. A motion was made by N. Janyszeski, seconded by A. Santopietro, to update the current Nockamixon Open Space Plan as necessary and apply for County Grants. The motion carried 5-0-0. The Board discussed the September 13, 2008 Bucks County Seminar for Municipal Officials. The cost is $35.00/person or $150.00/10 persons. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to expend $150.00 for the County Seminar in September. The motion carried 5-0-0.

A motion was made by B. Keyser, seconded by H. Gawronski, to apply to Bucks County for a $150,000.00 grant. The motion carried 5-0-0.

F. Park & Recreation Board – T. Keebler, Chair, gave the report. He submitted a request to the Board for rolls of poly cap and ties to be installed on the top of the fence surrounding the baseball field at Veteran’s Park. A motion was made by N. Janyszeski, seconded by A. Santopietro, to purchase Forest Green Poly Cap and ties at a cost of $1,187.70. Installation will be done by Park & Rec members on a volunteer basis. The motion carried 5-0-0. The Board reviewed the Star Gazing scheduled for Saturday evenings, May 31 and July 26, 2008 and the Guided Nature Hike programs on Saturday mornings, April 12 and May 17, 2008, suggested by the committee. A. Santopietro commented that he was not in favor of nature walks on the Gorham property. It was the consensus of the Board to allow the events except for the request to tour Gorham as presented. Alternative dates will be brought to the Board for review. T. Keebler requested up to $1,000.00 to purchase stone for the inside of the new pole building on Veteran’s Park. The Road Crew will bring the stone from the quarry. A motion was made by H. Gawronski, seconded by A. Santopietro, to spend up to $1,000.00 of Park & Rec Funds for stone required for the new building at the Park. The motion carried 5-0-0. T. Keebler requested a consensus of the Board to install a walking path around Veteran’s Park. S. Baluh will obtain a plot plan of the park and send to T. Keebler.

G. Treasurer’s Report –

H. Gawronski noted that he requested a breakdown of the bank deposits, not just a total, from Wm. McCauley. J. Litzenberger commented that this can be addressed after a permanent Treasurer has been hired. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to accept the January bill list as presented, including General Fund check and Payroll - $43,618.33. It was noted that it did not exceed funds approved by the Board. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by N. Janyszeski, to accept the February bill list as presented. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by N. Janyszeski, to release the driveway escrow for Jeff Schmidt in the amount of $1,000.00.

The motion carried 5-0-0.

PUBLIC COMMENT:

-E. Gawronski wanted to know if the bill list and cash balance reports were going to be made available to the public. She commented that the balance for Open Space funding has not changed since October. The bill list was copied and distributed.

-H. Nast wanted to know where the monthly committee reports are. N. Janyszeski commented that they are in the folder in the foyer.

-J. Petersen requested an update on the website. N. Janyszeski had no comment.

-G. Neebe requested an update for the gas drilling on Cabot. J. Yeager commented that currently, Arbor is having difficulty bringing the overweight rig to the site because they are unable to use the bridge on Beaver Run Road. Arbor obtained a permit from the PADEP in December.

-S. Tenney commented that, at the last meeting, it was mentioned that Arbor would be sending out letters to surrounding property/landowners within 1000’ of the edge of the Cabot property for baseline water testing. J. Yeager commented that Arbor indicated that testing would be done.

-C. Kemble requested an update concerning the trees that were cut across the road, and the light at Turkey Hill. G. Neebe commented that he was awaiting confirmation of financing for the light. R. O’Brien noted that a meeting was held with the owner of the property, R. Tscheschlog, who commented that minor clearing was done for marketing purposes, not construction. S. Baluh commented that a certain level of activity would be forestry use and a permit would be required. Under the zoning requirements cutting would allow up to 20% to clear for construction. J. Yeager suggested an inventory of the number of trees that have been cut. The Board suggested that G. Housworth walk the property and advise of the trees that have been removed.

-J. Logan wanted to know the weight limit of the Beaver Run Bridge. It was noted that it is restricted to 40 tons.

-E. McHale requested an update for the traffic signal at SR412/563. S. Baluh noted that he received the last sign off from PennDOT. There was an issue with the curb work that is needed and if the Township would have to post money. The bid will be put together this week and advertised.

-N. Janyszeski commented that there is a DCNR work shop scheduled for municipal grants.

-S. Tenney wanted to know if grant writing would be a part of the job description for the Treasurer that the Township is seeking. N. Janyszeski commented that it is not a requirement for the job.

SUBDIVISION:

• E. McArdle – 5- Lot Subdivision – Grants an extension to July 1, 2008

The Board acknowledged receipt of the extension.

• Christman Tract – 18- Lot Subdivision – Grants extension to April 30, 2008

The Board acknowledged receipt of the extension.

OLD BUSINESS:

• Township Newsletter Committee – Advertise for Letters of Interest

The Board discussed advertising for letters of interest for the Newsletter Committee and to include a Grant Writer on a volunteer basis. The Board discussed Clean-Up Day, April 26, 2008 and the need for committee volunteers. Also included with be volunteers for Community Day. A motion was made by N. Janyszeski, seconded by J. Litzenberger, to advertise for letters of interest to volunteer for the Newsletter Committee, a Grant Writer, Clean-Up Day and Community Day in the Delaware Valley News. The motion carried 5-0-0.

• Proposed Groundwater Ordinance – Advertise

S. Baluh commented that the Township has been working on a Proposed Groundwater Ordinance over the past several years. J. Yeager has reviewed the Ordinance with comments. Steve is requesting that it be advertised for a public hearing and adoption. This is a stand-alone ordinance that will be incorporated into the Subdivision and Land Development Ordinance. J. Yeager and the Board discussed advertising for the public hearing. He presented a list of corrections to the draft amendment to Chapter 196 and Chapter 228, most of which were grammatical and changes to language/definitions. J. Yeager commented that if the Board is so inclined to move to advertise the two ordinances as presented from the Planning Commission and with the professional reviews as stated on the record and to forward to the B.C. Planning Commission for review and advertise for a public hearing with the changes as discussed. B. Keyser entertained that as his motion, seconded by A. Santopietro. J. Litzenberger discussed clarification of motion; to create an ordinance for codification and an amendment to the SALDO and to advertise for a public hearing. C. Bahnck commented that the Planners have reviewed this ordinance at their work sessions and discussed the subdivision of land into lots for minor and major subdivisions. He addressed information that had been brought to the Board meeting. J. Gartner commented that he had a copy of the ordinance and, because he did not understand the definitions, he requested that DelVal Soils review, at his own expense. He requested that the Board review these comments. J. Yeager commented that a public hearing is the time to advise the Township of any concerns. The motion carried 4-1-0 with H. Gawronski voting nay. The consensus of the Board was to hold the public hearing at the regular scheduled meeting of April 15, 2008.

C. Frontier Communications – General Information letter

N. Janyszeski commented that letters have been sent to residents regarding phone services. Should you opt to make changes a contract will be sent. If you do not sign the contract you lose special offers and pay a higher monthly bill.

D. Resolution # 11-20-2007 Extension of SECTV Franchise –

J. Litzenberger updated the Board on the latest franchise agreement that was discussed at the last cable meeting. All municipalities have agreed to move forward with this contract which will now begin on the same date. They have become one large consortium rather than several smaller ones. Once the contract is received, a resolution would be adopted by the Township. J. Litzenberger suggested that the Township approve.

NEW BUSINESS:

A. Joint Work Session with Planning Commission Act 537 & Lighting Ord.

March 10, 2008 @ 7:30PM – Advertise

B. Sadow, Chairman of the Planning Commission, commented that it would not be necessary to hold a joint March Work Session, due to the light agenda for the March Planning meeting. S. Baluh will present an update for Act 537 and they will discuss the Proposed Lighting Ordinance and Flexible Development Ordinance.

B. Clean-Up Day – April 26, 2008

A motion was made by the Board earlier in the meeting to advertise for volunteers to contact businesses and residents.

C. Nockamixon Township Planning Commission 2007 Annual Activity Report – A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the Nockamixon Township Planning Commission 2007 Annual Activity Report as presented.

The motion carried 5-0-0.

D. PCF Proposed 5K Running Course – May 3, 2008 – Approval

A motion was made by H. Gawronski, seconded by J. LItzenberger, to approve the PCF (Palisades Community Foundation) proposed 5K Running Course for May 3, 2008. The Motion carried 5-0-0. A letter will be sent to Penndot copied to Frank Kelly at the Palisades High School.

• Dept of the Auditor General AG-385 Form – Motion to Approve

The AG-385 Form was not available for approval. The Board tabled until March.

• Payment Requisition – Grant Contract #C000031118 – Res #2-19-2008A –

A motion was made by H. Gawronski, seconded by J. Litzenberger, to adopt Resolution #2-19-2008A for the payment requisition for Grant Contract #C000031118.

The motion carried 5-0-0.

G. Dept of General Services – Federal Surplus Property Program Update – Motion to approve – A motion was made by H. Gawronski, seconded by N. Janyszeski, to update the Dept. of General Services Federal Surplus Property Program handled by the State of Pennsylvania. The motion carried 5-0-0.

• Resolution #2-19-2008B - Supporting the usage of Voter Marked Paper Ballots for Election Purposes in Bucks County, Pennsylvania

The Board discussed what is occurring with the current electronic voting machines, including their legality, problems they have experienced, and the cost for upkeep. Some municipalities are requesting that the County return to paper ballots. A motion was made by H. Gawronski, seconded by N. Janyszeski, to support Resolution #2-19-2008B supporting the usage of a voter marked paper ballot for electronic purposes in Bucks County Pennsylvania. J. Litzenberger wanted to know if a letter of support could be sent to Doylestown Township. H. Gawronski rescinded his motion, seconded by N. Janyszeski. A motion was made by H. Gawronski, seconded by N. Janyszeski to support the resolution and send a letter of support for the paper ballot. The motion carried 4-0-1 with A. Santopietro abstaining.

SOLICITOR’S REPORT:

J. Yeager commented that he had Findings of Fact for J&R Associates Conditional Use to sign.

-T. Stone commented that a forum is being held next week with PADEP regarding oil and gas regulations. He had questions regarding the enforcement of Township Ordinances as opposed to State requirements. J. Yeager commented that the oil and gas driller takes the position that the Township’s zoning ordinance, which limits drilling areas, is pre-empted by the State. Is there a list of Township requirements that the driller is asked to comply with? The Township requires that the driller follow the ordinances.

A motion was made by B. Keyser, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 10:35 PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary