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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

April 15, 2008

The regular scheduled meeting for April was held on April 15, 2008 in the Township building in Ferndale, PA. Chair, N. Janyszeski opened the meeting at 7:35PM 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, Chair, commented that the Board met in Executive Session from 7:00-7:35PM to discuss real estate, and litigation.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule. She commented that the Hanson Aggregates Zoning Hearing scheduled for April 17, 2008 will be continued.

MINUTES OF MEETING:

A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the March 18, 2008 minutes as presented. The motion carried 5-0-0.

REPORTS:

A. ROAD DEPARTMENT – G. Housworth commented that maintenance has been done to the paver along with brush cutting and tar & chip information. A. Eichlin commented that Durham Township has not responded to our letter regarding the tar & chip joint venture. She requested permission from the Board to advertise in The Intelligencer for the May or June meeting. It was the consensus of the Board to advertise the tar & chip bids in the Del Val News or, if needed, in The Intelligencer.

A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the March 2008 Road Report as presented. The motion carried 5-0-0.

B. Zoning Report – R. O’Brien, Keystone Municipal Services, was not in attendance. A request was received by UBREMS for the waiver of fees to erect a fund drive sign. A motion was made by J. Litzenberger, seconded by H. Gawronski, to waive the $35.00 sign fee as requested by UBREMS. The motion carried 5-0-0.

C. Emergency Management – No one was in attendance. The Board discussed purchasing jackets to be used during emergency situations.

D. Environmental Advisory Committee – J. Petersen, Chairman, gave the report. He wanted to know if Bucks County has updated their Comprehensive Plan. S. Baluh is not aware of any updates. J. Petersen wanted to know if the Zoning Officer has conducted any water meter readings for area businesses or set up a timeframe to do so. The Board requested that the Secretary advise R. O’Brien to set up a timeframe for the meter readings. There has been some movement of dirt on the Brill property and he wanted to know if an erosion control plan has been applied for. S. Baluh commented that the plan is inactive and that the Zoning Officer was to do a follow up inspection.

E. Open Space Committee – N. Alessi and S. Tenney, Co-Chairs, were in attendance. N. Alessi thanked the Board for their support of the OSC Members attendance at the PALTA Conference. Due to the length of the agenda, no report was given.

F. Park & Recreation Board – T. Keebler, Chairman, gave the report. He commented that the concrete, electrical and other improvements to the building on Veteran’s Park have been completed. They will present options to the Board for permanent bathroom facilities at Veteran’s park.

G. Community Day – C. Hall, Chairman gave a report. He asked for volunteers to assist with Community Day. J. Hall, Vice-Chairman presented proposals to the Board for a tent to be used at Community Day. It was noted that this tent can be used by other venues. A motion was made by H. Gawronski, seconded by N. Janyszeski, to George’s Tool Rental, cost not to exceed $800.00, for a 20x30 tent to cover the food area at Community Day. The motion carried 5-0-0.

SUBDIVISIONS:

• Christman Tract – Indefinite extension dated April 3, 2008

A. Santopietro commented that he was uncomfortable with the indefinite extension and concerned that the applicant might not move forward with the plan. S. Baluh noted that if there is no action on the plan within 120 days the Board will send a letter to the applicant. He will send a letter to the applicant advising of the timetable. The Board acknowledged receipt of the extension.

LAND DEVELOPMENTS:

• David DiPalantino L/D – Grants extension to August 5, 2008

The Board acknowledged receipt of the extension.

OLD BUSINESS:

• Cable Franchise Agreement – N. Janyszeski commented that T. Himmelwright of SECTV will be attending the May Board meeting to address Township concerns. The Board tabled until the May meeting.

B. UBREMS Budget – The Board tabled to the May Meeting. H. Gawronski and J. Litzenberger requested a list of the Board of Directors and an Audit of Financial Statement and Budget.

C. SR412/563 Traffic Signal – Update – S. Baluh commented that the bid paperwork has been filled out and the installation of this traffic signal will be awarded at the next meeting.

• Historic Commission – Letters of Interest.

A. Eichlin commented that a motion was made at the March meeting to advertise for letters of interest in the B.C. Herald. Because the Herald is not a paper of legal record, an advertisement would also have to be placed in another paper. A motion was made by H. Gawronski, seconded by J. Litzenberger, to advertise the Nockamixon Township Historic Commission request for letters of interest in the DelVal News. The motion carried 5-0-0.

**PUBLIC HEARING:

• Proposed Groundwater Ordinance – Ordinance #133
• Proposed Amendment to Nockamixon Township

Subdivision and Land Development Ordinance – Ordinance #134

The Solicitor, J. Yeager, opened the public hearing at 8:00PM for the proposed Groundwater Ordinance (Ord #133) and jointly the proposed Amendment to Nockamixon Township Subdivision and Land Development Ordinance (Ord #134). A court reporter was in attendance to record the hearing. Anyone who would like to be heard should identify themselves for the record. J. Yeager read Exhibits T-1 through T-7 into the record. This hearing was advertised in the Daily Intelligencer on March 20 and 27, 2008. It was filed with the B.C. Law Library on March 20, 2008. The B.C. Planning Commission review letter dated April 2, 2008 recommending adoption of the proposed Ordinances as submitted. The hearing was open to the public and comments were limited to three minutes each. S. Donovan, a member of the Bridgeton-Nockamixon-Tinicum Groundwater Committee (BNT-GWC) and Environmental Advisory Council (EAC), introduced documents GWC-1 through GWC-5 into the record. J. Gartner introduced J. Clark, Geologist, DelVal Soils introduced document DelVal-1 into the record. B. Fontenot requested that the Board vote ‘Yes’ on this ordinance.

C. Bahnck believes that the proposed ordinance is too restrictive. He discussed groundwater recharge and ordinances that have been enacted by the Township over the past several years. M. Mears, Quarry Road, commented that her first impression of this proposal is that it is an anti-development motion and believes that it could be challenged very easily. A. Schad, Frogtown Road, commented that the Planning Commission reviewed and approved the proposed ordinance and the B.C. Planning Commission commended Township Officials for their attempt to protect water resources and recommended approval. P. Lovell, Frogtown Road, commented about the school and residents in the area having problems with wells running dry. She strongly recommended that the Board approve this ordinance. B. Chabot, Center Hill Road, commented that one of his wells has run dry several times in the past few years and is concerned with the amount of subdivisions in the Township, the lack of ground water and how much the aquifer has dropped. M. Reymann, Steeple Drive, noted that this is not an anti-development but a pro-water ordinance. Protecting our ground water is a far better solution and that water is shared by the community. P. Dietz, Engineer, agrees that this ordinance is anti-development, shaded in water protection. Does not believe this level of control is needed. He discussed the daily rate of groundwater recharge per day. The current well ordinance is functioning adequately and noted that water impact studies are required for developments. Believes these regulations are too restrictive. P. Blake, Beverly Drive, commented that his well pumps sand during the summer months. He requested that the Board take this ordinance seriously and pass. E. Litzenberger commented that he owns a large piece of property and commented that this proposed ordinance allows for the subdivision of one lot. Believes the Board should reconsider enacting this ordinance. J. Eccher, 9095 Easton Road, questioned if his well is replaced, will he be required to meet all the restrictions in the ordinance. S. Baluh commented if you are replacing an existing well, you would not come under the requirements of the ordinance. Dr. Stanfield, Tinicum resident and member of the BNTGWC, participated in the writing, and studies, of this ordinance. The area around the quarry has been addressed and will be discussed with PADEP. He commented that the areas discussed tonight have been monitored. J. Gouck, Haycock Run Road, wanted to know if you can sell off an existing house with two acres and build on the remainder of land. S. Baluh commented that you would have to meet the ordinance for the new lot being developed. It does not regulate specific lot size but it will impact the average size of lots in a subdivision. S. Mendelson, Steeple Drive, noted that if we want to keep property alive for future generations it will not have value if it does not have water. In order to pass on a rural township we need to pay attention now. E. Yeski, Easton Road, commented that in the interest of moderation, she is not disagreeing with the well ordinance, but suggested that it be encapsulated. S. Tenney commented that Township and the Supervisors are looking out for the Township’s health, safety and welfare. Part of sustainable development is to make sure that our greatest resource, water, is protected and asked that they vote ‘yes’. K. Sienkowski, Durham Road, commented that their well, even through dry periods, has never gone dry. N. Alessi commended the committee for drawing up this ordinance and the Board for addressing it tonight. CC Hopf, Bridgeton Township, Chair of the BNTGWC. She commented that the well protection ordinance is a non-political, sustainability practice based on geology and supported by scientific data, and explained how water is recharged into the ground. J. Petersen, Easton Road, commented about the slow recharge of some soils into the aquifers. He thanked the Board for taking the responsibility of looking out for the future of the Township. He urged the Board to vote for the ordinance. W. Hancock, Frogtown Road, asked the Board if they have any fears, to err on the side of caution. T. Stone, member BNTGWC, explained that there is an emergency procedure a resident would follow if a well has run dry. He commented that the Planners and Board based this ordinance on a 50-year drought and discussed the unpredictability of weather events. We should be preserving water for our children and grand-children. S. Spenser, 375 Frogtown Road, discussed the subdivisions that are proposed near her property and her ground water concerns. B. Chabot, Kintner Hill Road, commented about the amount of water that runs off during a heavy rainstorm. J. Yeager noted that the ordinance has been duly advertised and filed pursuant to state law and the public has had an opportunity to comment.

A motion was made by H. Gawronski, seconded by A. Santopietro, to close the hearing at 9:02 PM. The motion carried 5-0-0.

A motion was made by B. Keyser, seconded by A. Santopietro, to accept the proposed Groundwater Ordinance, Ordinance #133, and to accept the proposed amendment to the Nockamixon Township Subdivision and Land Development Ordinance, Ordinance #134. Under discussion, J. Litzenberger wanted to know how to amend Ordinance #133. J. Yeager explained the procedure. J. Litzenberger requested clarification for a minor subdivision (2-Lot). S. Baluh explained the classifications noted in the Ordinance. N. Janyszeski requested the difference between a minor and major subdivision. H. Gawronski commented that he believes the ordinance is too restrictive, lot sizes are too large. J. Litzenberger noted that it is difficult for him to vote on this ordinance. He represents large land owners and those with less than two acres. The motion carried 4-1-0 with H. Gawronski voting nay.

-Chair, N. Janyszeski called a recess at 9:10 PM.

-The Chair reconvened the meeting at 9:15 PM

H. Treasurer’s Report –

- Adjustments made to deposit accounts to correct the misapplication of funds by the previous Treasurer. Although funds were applied to the correct accounts with the accounting software they were all mistakenly deposited into the General Fund account. A breakdown was given to the Board.

- The April 2008 Bill List, which includes $47,277.77 in General Fund Payables, $2,571.80 in Escrow Fund payables and $57,956.25 being transferred by remittance from the General Fund account to the intended deposit accounts that were misapplied January through March 2008. Please note that these adjustments will be reflected in the May 2008 Cash Balances Report.

- Deposit Detail for all accounts since the last meeting.

- The current Cash Balances of all bank accounts.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept the Treasurer’s report as presented. Under discussion, B. Keyser confirmed the amount of funds in the Open Space Account. G. Monteleone commented that the total is $538,000 with an additional $41,249.87. The motion carried 5-0-0.

PUBLIC COMMENT:

-S. Tenney wanted to know what actions the Zoning Officer is taking with pending complaints. N. Janyszeski requested that complaints be forwarded to the Secretary for the Zoning Officer to review.

-T. Stone brought in a newspaper article showing Hidden Valley Landfill and is concerned with the lack of stewardship that the County has demonstrated regarding ongoing problems. Would the Board be interested in requesting a public comment session with the PADEP renewal process and find answers as to the mitigation as DEP is considering the DEP permit renewal, which occurs every five years. NCJ commented that the offices of Rep. Quinn and Sen. McIlhinney have been contacted and they are aware of the situation. J. Yeager commented that the County is operating as the landowner. J. Yeager noted that if the Board is concerned about the permitting process then the prudent thing to do is to participate and to communicate with DEP, requesting a public hearing to address concerns about the renewal of the permit. N. Janyszeski commented that we have not heard from PADEP or the County at this time. A motion was made by N. Janyszeski, seconded by B. Keyser, that the Board of Supervisors of Nockamixon Township would like to request a public hearing in regard to the DEP permit renewal of Hidden Valley Landfill in Nockamixon Township pertaining to the current water problems.The motion carried 5-0-0.

-S. Mendelson requested status of the developer’s check list. S. Baluh will follow up with the Zoning Officer and discuss at the May Board meeting.

-C.C. Hopf commented that a phone call to the PADEP will stop the permitting renewal process.

NEW BUSINESS:

A. Returned Check Policy (Fees) – It was noted that there is no policy in place currently regarding returned check policy fees. J. Litzenberger requested that the Treasurer, G. Monteleone, draft a policy to include return check fees.

B. U.B. Senior Center – Letter of Support for Grant Application – The Board requested that someone from the Center be contacted to make a presentation at the May meeting. The Secretary will contact the Senior Center.

C. The Lord’s Pantry – Request for Funding – R. Watson and C. Leitke were in attendance and gave a short presentation regarding the expansion to the pantry.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to donate $2,500.00 to the Lord’s Pantry. The motion carried 5-0-0.

D. Donation Policy – Resolution #4-15-2008 – The Board discussed the donation policy and noted that a receipt would be written for large donations equal to or in excess of $100.00 whether cash, check or in-kind. J. Yeager noted a statement ‘that no employee or elected/appointed official of Nockamixon Township shall receive any benefit or gain in connection any donation to the Township and no donor shall receive any benefit, gain or professional treatment in exchange for any donation to the Township.’ A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve Resolution #4-15-2008 establishing a donation policy for the acceptance of gifts from individuals, businesses and organizations. Under discussion, J. Litzenberger commented that a sample receipt is attached to the resolution.

E. Gawronski noted that everyone who gives a donation to Community Day fills out and signs a contribution form. N. Janyszeski commented if the Community Day Committee is using an approved form, they can continue with those forms. All other Township donations will use the new forms. J. Litzenberger continued that he is aware that this policy will keep a control on funds received.

The motion carried 4-1-0 with H. Gawronski voting nay.

E. 2007 Concise Report – Approval to Advertise – The year ending December 31, 2007 Concise Report was read by J. Litzenberger. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the 2007 Concise Report as presented. The motion carried 5-0-0. – A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise in the DelVal News if there is no time issue; if there is a time issue to advertise in The Daily Intelligencer. The motion carried 5-0-0.

F. Joint Work Session with Planning Commission Act 537 -

Monday, May 19, 2008 @ 7:30PM – Permission to Advertise

A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise the Planning Commission Joint Work Session scheduled for May 19, 2008@7:30PM to discuss Act 537 in the DelVal News. The motion carried 5-0-0.

G. Letter of Support – A motion was made by J. Litzenberger, seconded by B. Keyser, to direct the Solicitor to draft a letter to DCNR in support of Property C, as discussed in the Executive Session. The motion died 2-2-1 with N. Janyszeski and A. Santopietro voting nay; H. Gawronski abstained.

At 9:52PM, Chair, N. Janyszeski called an Executive Session to discuss real estate.

At 10:05PM, Chair N. Janyszeski called the meeting to order and commented that the Board discussed real estate in Executive Session.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to direct the Solicitor to draft a letter to DCNR in support of Property C as discussed in the 10:00PM Executive Session.The motion carried 5-0-0.

SOLICITOR’S REPORT: No report.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 10:07 PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary