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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

May 20, 2008

The regular scheduled meeting for May was held on May 20, 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.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule. She added that the Regional EAC will be meeting Thursday May 22, 2008 at 7:30PM at the Springfield Fire Company in Springtown.

MINUTES OF MEETING:

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

PUBLIC HEARING:

• Proposed Lighting Ordinance – Ordinance #135

This has been scheduled for 8:00 PM

REPORTS:

A. ROAD DEPARTMENT –

G. Housworth commented that the Road Department has been working on drainage and cross pipes on Laurie Hill Road and widened the intersection at Frogtown and Park Drive East Roads. G. Housworth, after speaking with T. Keebler, requested that mulch be added to the playground at Veteran’s Park. T. Keebler presented a proposal to the Board for 25 yards of mulch at a cost of $575.00. A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the proposal to purchase mulch at a cost of $575.00 delivered. The motion carried 5-0-0. G.Housworth commented that J. Zheltanoga brought the sea-train container to the Township Building from Veteran’s Park.He asked the Board if they would rather have the building used as the concession stand. The Board commented that the container is suitable for the needs of the Township. N. Janyszeski noted that the Road Department is in need of two additional ‘work area’ road signs and vests. It was the consensus of the Board to have the Road Department order the signs and the vests. H. Gawronski commented that a resident had requested ‘watch children’ signs on SR412 below the High School. The Board requested a letter from the resident in order to move forward with the signage. H. Gawronski commended the Road Department for their work on Quarry Road near the Mears property. A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the April 2008 Road Report as presented. The motion carried 5-0-0.

BID AWARDING: Award Bids for Tar / Chip

Ads for the installation of approximately 55,000+/- square yards of double bituminous seal coat with E-3M ran in The Daily Intelligencer on Sunday April 27, 2008 and Thursday May 1, 2008.

Unit Price Total Price

Asphalt Maintenance Solutions LLC $2.48 sq.yd. $ 164,672.00

New York Bituminous Product Corp $2.59 sq.yd. $ 171,976.00

A motion was made by H. Gawronski, seconded by A. Santopietro, to award the seal coat bid to Asphalt Maintenance Solutions LLC for 55,000 plus or minus sq.yds. of the double application bituminous seal coat with E-3M at a unit price of $2.48 sq.yd., a total price of $164,672.00. Work to be completed by September 15, 2008. The award will be issued upon receipt of bonds and insurance from Asphalt Maintenance Solutions LLC. The motion carried 5-0-0.

BID AWARDING: Road Material Bids

Advertisements for FOB Road Materials Aggregates and Bituminous Material Bids ran in the Delaware Valley News on consecutive Thursdays April 24, 2008 and May 1, 2008. A mileage requirement of 40 cents per mile one way was advertised as an additional cost factor with number of miles to be calculated from plant to township building. Bidders were asked to provide the number of road miles one way from their plant. Bids were sent to Gorecon, Blooming Glen and Hanson Aggregates BMC. One bid was received from Hanson Aggregates BMC, Inc. for Road Materials Aggregates as follows:

2,500 Tons More or Less 2A Material Crushed Aggregate $ 8.40 Unit Price

400 Tons More or Less 3A Modified Crushed Aggregate $ 8.40 Unit Price

200 Tons More or Less #1 Ballast Crushed Aggregate $ 9.40 Unit Price

400 Tons More or Less #8 Crushed Aggregate $12.40 Unit Price

800 Tons More or Less Fine Aggregate Screenings $ 6.65 Unit Price

200 Tons More or Less ¾ Inch Clean Crushed Aggregate $ 9.40 Unit Price

400 Tons More or Less 1 ½ Inch #3 Crushed Aggregate $ 9.40 Unit Price

300 Tons More or Less R-4 Rip Rap Crushed Aggregate $11.35 Unit Price

200 Tons More or Less R-6 Rock Lining $16.10 Unit Price

A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the bids from Hanson Aggregates BMC for the Road Materials as indicated. The motion carried 5-0-0.

One bid was received for Bituminous Materials from Hanson Aggregates BMC, Inc as follows:

200 Tons More or Less of 19.0 mm Superpave $46.00 Unit Price

400 Gallons More or Less A/C Oil No Bid

550 Tons More or Less 9.5 mm Superpave $50.00 Unit Price

A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the Hanson Aggregates BMC bid for the 19.0 mm Superpave at $46.00 Unit Price and 9.5 mm Superpave at $50.00 Unit Price. The motion carried 5-0-0.

B. Zoning Report – No report available.

C. Emergency Management – No one was in attendance. N. Janyszeski commented that a table-top drill hosted by B.C. Emergency Management will be held on June 19, 2008 in Warrington. If interested contact Tom Macfarlan, Ed Mocarsi or Mary Shafer.

D. Environmental Advisory Committee – S. Donovan, member, gave the report. He is seeking permission from the Board to set up a form, along with the Township Engineer, to be given to well drillers to fill out in compliance with testing required by the current well protection ordinance. S. Baluh commented that this would be a supplemental form with the information taken from the current ordinance and putting it into a format. S. Donovan requested that one member of the Planning Commission be selected to attend a subdivision site visit with the EAC. The Board commented that other committees should be included and notified in a timely manner of the visit. The discussion continued about signatures required on plans submitted to the Township.

PUBLIC HEARING:

• Proposed Lighting Ordinance – Ordinance #135

At 8:00PM Township Solicitor J. Yeager opened the public hearing for the proposed Lighting Ordinance. A court reporter was available to record the public hearing. J. Yeager introduced exhibits T-1 thru T-15 into the record. This hearing was advertised in The Daily Intelligencer on May 7, and May 13, 2008. A review letter from the B.C. Planning Commission dated May 7, 2008. Letter to the B.C. Law Libraries dated April 17, 2008. The advertisement was posted at the Township building. S. Baluh, Township Engineer, reviewed the highlighted changes as recommended by the B.C. Planning Commission to the proposed Ordinance. Page 1: Section II General, A2. Add the phrase ‘and public street lights’. Section B1. Definitions, add ‘(international system’). Page 3: add #15, a definition for Isofootcandle (Isolux). Page 4: subsection b. add ‘contained within IESNA’; the title in the center of the chart had been cutoff – it is now complete. Page 6: Section D 2b. Correct the subsection reference ‘(C)’. Page 8: 2. and 3. add ‘within 30 days of notice’. Section IV: add Section 196-525.5.A of the SALDO referencing play fields. This was introduced as exhibit Township Engineer-1. Due to the extent of amendments to the proposed ordinance, J. Yeager commented that the Board should consider re-advertising.S. Baluh commented on questions concerning residents/businesses regulated by the ordinance, safety issues with bright lights, and enforcement. J. Yeager closed the public hearing to the public at 8:18PM. Discussion continued among the Board members. J. Yeager commented that one option of the Board is to make a motion to amend the advertised ordinance, make the changes as recommended by the Township Engineer and to then re-advertise, or do to nothing. The Board clarified that the proposed ordinance would be advertised, with changes, for a vote next month. A motion was made by B. Keyser, seconded by A. Santopietro, to accept the proposed lighting ordinance with the changes as recommended by the B.C. Planning Commission and to re-advertise. J. Yeager clarified the motion: to amend the previously advertised ordinance consistent with the amendments that the Township Engineer brought forward. J. Litzenberger commented that he would approve this ordinance if it was only for new construction, not for lights already in place. A.S. commented that it does not include those who have preexisting lighting. B.K. only lights that are obnoxious would be at risk. The motion carried 3-2-0 with H. Gawronski and J. Litzenberger voting nay.

J. Yeager closed the hearing at 8:30PM.

E. Open Space Committee – S. Tenney and N. Alessi, co-chairs were in attendance.

F. Park & Recreation Board – T. Keebler commented that the purchase of mulch for Veteran’s Park was discussed during the Road Report.

G. Community Day – E. Gawronski commented that letters have been sent out to vendors and businesses. A meeting is scheduled for Friday, May 23, 2008.

H. Treasurer’s Report –

- The May 2008 Bill List, which includes $119,899.56 in General Fund Payables. There is a capital purchase for the Road Department of $57,412.00, which is for a new truck. There are also disbursements for the Escrow Account totaling $11,536.66.

- Deposit Detail for all accounts since our last meeting. Please note that funds will be deposited in the General Fund tomorrow that total approximately $40,000.00. These monies are additional to the balances documented in this report.

- The current Cash Balances of all bank account.

- The certificate of deposit matures on May 27, 2008 and she needs authorization to roll over or direction as to where to move the funds. The Board discussed comparing CD interest rates for ING and First Savings. The Board directed the Treasurer to contact these facilities and obtain interest rates. If the orange account (ING) is greater than ¼%, move forward with that one. A motion was made by B. Keyser, seconded by J. Litzenberger, to approve the May Bill List as presented.

J. Litzenberger questioned the amount of the P-Hydro check. G. Monteleone will review the P-Hydro bills. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by A. Santopietro to approve the Treasurer’s Report as presented. The motion carried 5-0-0.

-N. Alessi requested a correction of the minutes of March 18, 2008, Page 2, under Paragraph E. Open Space. The line should read ‘line of credit’ instead of ‘letter of credit’. J. Yeager commented that a Board member who voted for the motion should make a motion to revisit the minutes. A motion was made by J. Litzenberger, seconded by A. Santopietro, to reconsider the March 18, 2008 minutes. The motion carried 5-0-0. -- A motion was made by J. Litzenberger, seconded by A. Santopietro, to change the March 18, 2008 minutes to reflect ‘line of credit’ instead of ‘letter of credit’ on page 2, under Open Space, Paragraph E. The last sentence.

The motion carried 5-0-0.

At 8:45PM, Chair, N. Janyszeski, adjourned the meeting to hold an Executive Session to discuss real estate.

At 9:25PM, Chair, N. Janyszeski, reconvened the meeting after the Executive Session to discuss real estate.

PUBLIC COMMENT:

-S. Mendelson brought her concerns regarding Hidden Valley to the attention of the Board. She will make the results of her water test public and requests that other residents do the same. She believes that the Township should consider any possible threats to the aquifer. M. Reymann commented that water testing was done in 2002. She noted that some residents are not comfortable having their water tested. She believes that information the township needs to know is not coming forward. J. Yeager noted that the Board directed him to request a hearing to have public comment from the PADEP. A letter was sent advising of the Township’s concern with the existing permit and problems with the Hidden Valley site. He added that the County will likely be withdrawing their permit renewal application because the permit is a stream discharge permit that regulates discharge. They are considering a spray irrigation system, which requires a different permit, to alleviate the problem. PADEP records are available to the public, but you have to go to the public reading room to obtain copies. It would identify the problems. The County would also be contacted for any information they might have. The Board was in agreement that the Solicitor should contact PADEP and the County and request to be included in discussions, request broader water tests, and disclose what has already been discovered. N. Janyszeski noted that information has been forthcoming recently regarding a meeting held in January with the County and the PADEP.

-A. Santopietro requested that a thank you letter be sent to J. Zheltanoga and the Ottsville Volunteer Fire Company for their assistance in clearing out a drainage ditch. It was the consensus of the Board to send the letter

SUBDIVISIONS:

• N. Peter Kerl – 2-Lot Subdivision TMP# 30-8-13 & 11-13-29 – Preliminary

Wynn Review Letter – May 1, 2008 and Attachments.

G. Klucharich of Urwiler & Walter, was in attendance. He noted that most items contained in the Wynn Letter of May 1, 2008 are will comply. Of concern are the waivers and the conservation easement. It is a 99-acre parcel to be subdivided as one 2-acre lot and one 97-acre lot. The 2-acre lot will not encroach on the existing pond or wetlands on this property. No JD is required for the existing wetlands and waterways on site. The Planning Commission recommended preliminary approval as a minor subdivision. G. Klucharich, S. Baluh and the Board reviewed the Wynn Letter of May 1, 2008. S. Baluh recommended that the plan be submitted to Durham Township for comment - A response is needed from the applicant to the EAC and P-Hydro comments – A legal description of the ultimate right-of-way should be submitted to the Township – Have the applicant work out the issue with the BMP’s on the lot with the construction of the proposed dwelling – B.C. Conservation District is needed for erosion control measures, a NPDES permit may be required – Remove vegetation to improve the sight distance near the driveway location – Since there is no immediate intent to build on the larger lot, the Planners recommended that only the well on the new lot would be required – Sewage Facilities Planning Module currently waiting approval from the B.C. Dept of Health. The new lot will have a sand mound system – Property monumentation will be installed – Development/Financial Security Agreement will be executed – Waivers - The applicant requested waivers including, but not limited to, irregular lot configuration, street improvements, plan scale and elevation contours within 100 feet of tract boundary. They have shown on the plan that, in the future, an additional lot may be subdivided from the parcel. The Board wanted to know where the dwelling will be built on the new lot. J. Yeager commented that approval could be conditional upon information that is provided to the Township. T. Keebler, Planning Commission member, commented that since the lot was so much higher (30-40 feet) higher than the wetlands shown on the plan, they did not feel it was necessary to go through all the natural resource mapping. Plus the easement to be dedicated is on a large parcel that they will not build a dwelling. The applicant will pay a $3,000.00 fee in-lieu-of for Lot #2 for road improvements. A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept the preliminary plan for the N. Peter Kerl 2-Lot Subdivision with the conditions outlined by the C. Robert Wynn Associates letter dated May 1, 2008. The motion carried 5-0-0.

• Maloney Subdivision (Rte 611) – Acceptance of Completion

S. Baluh commented that the Township was waiting for a letter from PennDOT for the driveway that intersects on SR611. When the Board accepts as complete, the remaining construction and cash escrows will be released. A motion was made by H. Gawronski, seconded by N. Janyszeski, to release the cash escrow and letter of credit on the Maloney Subdivision on SR611, contingent upon payment of all bills. The motion carried 5-0-0.

OLD BUSINESS:

A. Developer’s Check List -

A. Balogh commented about the time line for the review by the Zoning Officer and the time required to provide missing paperwork. J. Yeager commented that he would caution the Board as to how this section of the SALDO is applied. He advised that when plans are received that they be date stamped and there should be a checklist showing any deficiencies. Advise the developer of those deficiencies and, pursuant to the SALDO, that the applicant be advised of the consequences. It may be that the Township gets 90 days from the submission date and the Board will have to decide if those deficiencies are going to be sufficient to allow it to reject it from that 90 day. The Township would be wise to track both dates: the original filing date and the date it considers the filing to be complete. S. Baluh commented that we cannot arbitrarily stop the original 90-day date. J. Yeager commented that there should bea clear record of what came in, when, and when the township considers it to be a genuine application. If you treat it as an application, then you work from the date you treat it as an application, pursuant to SALDO. S. Tenney commented that the Township would like to have applications complete when received. A concern is that all subdivision sheets have not been signed and sealed by an engineer. J. Yeager will have to research these questions in order to advise the Township.

B. U.B. Senior Center – Letter of Support for CDBG Grant – S. Dyer, Manager of the EUP Senior Center, requested that Nockamixon Township take the lead and apply for the grant for the coming year. She has copied the Township on the paperwork needed except for the 501(C)3 which is currently being reviewed. She presented the Board with a resolution of the EUB Senior Center. A motion was made by H. Gawronski, seconded by J. Litzenberger, to follow-up on the Grant for the Eastern Upper Bucks Senior Center and file the paperwork. When the 501(C)3 is received, it will be filed along with the application. The motion carried 5-0-0. E. McHale commented about the improvements to the senior center since S. Dyer has become the manager.

C. SECTV – Update

Mr. Himmelwright of SECTV was not available for the meeting tonight. He will be rescheduled for the June 2008 meeting.

D. Nockamixon Historic Commission – Letters of Interest –

J. MacFarland - A. Lyons

N. Janyszeski commented that letters of interest have been received by J. MacFarland and A. Lyons. An e-mail was received today from N. Jesiolowski. M. Shafer had submitted a letter but the office has no record of same. The Board tabled until all letters have been received.

E. Award bids for SR412/563 Traffic Signal

S. Baluh commented that he was disappointed about the bids that were received by the Township.

They are as follows:

1. Nimaris Construction, L.P. - $163,442.00

2. Miller Bros. (Div of Wanpole – Miller Inc.) - $166,780.00

3. Armour & Sons Electric, Inc. - $181,790.00

4. Lenni Electric Corp. - $208,300.00

He commented that roughly $30,000.00 of this bid includes additional work to be done at the parking lot of the General Store building. Also prevailing wage is required to complete the project. S. Baluh noted that Nimaris Construction does not install lights, and will sub out the work. The Board has two options: 1. table until next month or 2. re-bid the project. The Board asked for S. Baluh’s recommendation. He commented that if the time line is extended, it may bring down the cost of the bid. A motion was made by H. Gawronski, seconded by A. Santopietro, to reject the bids for the traffic signal at SR412/563. The motion carried 5-0-0. A motion was made by J. Litzenberger, seconded by A. Santopietro, to re-advertise the project in the Daily Intelligencer. The motion carried 5-0-0.

F.Camp Cadet Donation - $1,000.00

A motion was made by H. Gawronski, seconded by J. Litzenberger, to donate $1,000.00for the Camp Cadet Program. The motion carried 5-0-0. It was noted by the Board that Camp Cadet is a 501(c)3 foundation.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to spend up to $2,500.00 for an appraisal for Project #6 – Open Space. The motion carried 5-0-0.

NEW BUSINESS:

A. 2007/2008 Elected Auditors Report – Discussion/Direction

The Board reviewed the Elected Auditors Report. No action was taken by the Board.

B. SE PA Resource Conservation & Development Council Stream Survey

N. Janyszeski commented that the Stream Survey will be forwarded to the EAC for their review. If they are unable to fill out, it will be returned to the Board.

C. Suburban Realtors Alliance – Update to Data Base

The Board tabled to the June meeting.

D. BCDH – Park Inventory Form

This paperwork will be forwarded to the Park & Recreation Board to fill out.

E. BC Emergency Health Services – Request to Meet with Board – After a short discussion, the Board decided to meet with B.C. Emergency Services at their work session on October 1, 2008.

• Permission to Advertise for the June 23, 2008 Joint Work Session PC/BOS –

A. Eichlin requested permission from the Board to advertise the above mentioned joint work session in the DelVal News. It was the consensus of the Board to advertise the work session in that newspaper.

G. PA One Call Membership – The Board discussed the correspondence received from the Department of Labor & Industry requesting that the Township become a member of PA One Call System. A motion was made by J. Litzenberger, seconded by H. Gawronski, to have Nockamixon Township join the PA One Call System. The motion carried 5-0-0. The Board requested that the Secretary contact S. Baluh and advise that the Township is requesting a membership packet.

-E. Gawronski commented that the cost to advertise in the DelVal News is much less than other venues and suggested that the Board consider advertising the bids for the Traffic Signal in that newspaper. A motion was made by J. Litzenberger, seconded by H. Gawronski, to advertise the SR412/563 traffic signal in the DelVal News also. The motion carried 5-0-0.

SOLICITOR’S REPORT:

J. Yeager commented that the Township has been sued for injunctive relief by a consortium of oil and gas companies. The complaint was received in the Township today.

Also, there has been an appeal from a Zoning Hearing Board decision, Gross/Byers Road, and the Board has the ability to participate and defend the Township’s position. He is requesting approval from the Board to participate. A. Santopietro entertained that as his motion, seconded by B. Keyser. The motion carried 4-0-1.

H. Gawronski abstained.

Regarding the Hanson Aggregates BMC, Inc. procedural challenge, part of what the Township needs to do in defending itself is to be able to prove that the proper procedures were filed to give notice going back to the enactment of the original ordinance in 1968. The ability to rebuild that paper trail can be difficult and what would be helpful in the defense of that position is if community members familiar with the processes used for the enactment of zoning in ’68 and for the changes that took place, including to the zoning map, who could testify about what was done. It is testimony that the Twp may need in defense of the ordinance. Contact A. Eichlin with any information.

At 10:58PM, Chair, N. Janyszeski, called an Executive Session to discuss litigation.

At 11:15PM, Chair, N. Janyszeski reconvened the meeting and commented that the Board had discussed litigation.

A motion was made by J. Litzenberger, seconded by B. Keyser, to direct the Township Engineer to explore all the Township Zoning Ordinances. The motion carried 4-1-0 with H. Gawronski voting nay.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to adjourn the Board of Supervisors Meeting at 11:17PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary