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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

June 17, 2008

The regular scheduled meeting for June was held on June 17, 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. There is a conflict on June 23, 2008. A Joint Work Session as well as the Open Space Committee has been scheduled. The Open Space Committee will open their meeting at the Township Building and move to another venue.

MINUTES OF MEETING:

A motion was made by A. Santopietro, seconded by H. Gawronski, to approve the May 20, 2008 minutes as presented. J. Litzenberger noted a comment that was missing under B. Zoning Report. Add: J. Litzenberger commented that if no report is given next month, the Board would entertain looking for another company. There was a consensus of the Board. The motion carried 5-0-0.

REQUEST TO BE ON AGENDA:

• Berger Road – José & Alison Ferreira

Solicitor J. Yeager commented that he contacted Attorney Heley and requested additional information prior to the meeting. Nothing has been received. Copies of previous minutes discussing the closure of Berger Road have been sent to him. S. Baluh commented that he has inspected the road and noted that there was no immediate need for repairs. He recommended that the Township continue with winter maintenance and leave as emergency access only. The Board tabled until the July meeting.

PUBLIC COMMENT:

-S. Mendelson presented an open letter to the Board of Supervisors regarding changes in the way the Township can move toward a GREEN environment.

-B. Fontenot commented that the Township should consider opening a ‘Line of Credit’ with one or more banks to save Open Space.

-N. Janyszeski addressed a letter that was sent out by the Palisades Conservancy in which the last paragraph said ‘the conservancy and the Nockamixon Supervisors want to know the opinion of the public on this matter’. She noted that the Supervisors were not approached to be included in this letter and wanted to clear the record.

-L. Arbor referred to the Lower Makefield Township Environmental Advisory Report and how they are addressing development.

-A. Balogh wanted to know when the 20’ buffer zone will be completed around Veteran’s Park. B. Keyser suggested that the Township seek grants to complete the buffer as well as a walking path. T. Keebler commented that the Park & Recreation Board will be submitting a proposal to the Board to review regarding buffers and walking paths. He requested permission from the Board to have S. Baluh assist in writing a grant.

-S. Tenney noted that there is a plan for a walking path in the park file.

PUBLIC HEARING:

A. Proposed Lighting Ordinance – Ordinance #135 – 8:00PM

At 8:05PM Solicitor J. Yeager opened the public hearing for the proposed Lighting Ordinance. A court reporter was in attendance to record the hearing. He noted that this hearing was continued from the May 20, 2008 Board meeting. Additional comments were received from B.C. Planning Commission and the Board voted to include those amendments into the ordinance. He introduced exhibits T-8 thru T-13 into the record. A June 6, 2008 letter to the B.C. Law Library; proof of filing from B.C. Law Library; proof of advertising in the Intelligencer on June 6, 2008; notice of public hearing posted in the Township Building and certification of posting signed by the Township Secretary. J. Yeager opened the hearing to the public. S. Tenney and the Open Space Committee recommended that the Board pass this ordinance. E. Mocarsi wanted to know if any consideration had been given to include LCD lighting, high intensity lighting. S. Baluh commented that there is no specific reference in this ordinance. If a light is illuminating an area and causing a problem, the Township would address. E. Mocarsi requested that the Board take this under consideration at the next meeting. L. Arbor commented that the building code addresses this type of lighting. J. Yeager closed the hearing to the public. It is now before the Board to consider. A motion was made by B. Keyser, seconded by, A. Santopietro, to enact the Lighting Ordinance - Ordinance #135. The motion carried 3-2-0 with H. Gawronski and J. Litzenberger voting nay.

The hearing was closed at 8:15PM

REPORTS:

A. ROAD DEPARTMENT – Award bids for SR412/563 Traffic Signal

G. Housworth gave the road report to the Board. It included work done at the intersection of Frogtown and Park Drive West; preliminary work to Dur-Nox road for tar and chip and having the container moved to the rear of the building. N. Janyszeski and the Board discussed storage of Township paperwork in the container. Recommendations presented were file cabinets, plastic and metal, shelving and archival type storage. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the May Road Report as presented.

The motion carried 5-0-0.

A.Balogh requested removal of trash that is accumulating at Veteran’s Park between the berm and the fence on her property. T. Keebler commented that trash is picked after games, but he will be sure to remind everyone to check behind the berm.

Award bids for SR412/563 Traffic Signal

S. Baluh commented that the traffic signals were re-bid with minor changes to address the qualification concerns of the previous bids. The following two bids were received:

Armour & Sons $167,040.00

Miller Bros $169,780.00

The Board discussed the bids and monies available in the budget to pay for the traffic signal. They requested that the Treasurer look through the budget and determine monies available to pay for the traffic signal. A motion was made by H. Gawronski, seconded by J. Litzenberger, to award the bid to Armour & Sons in the amount of $167,040.00 for the work at SR563/412 to install the traffic signal. J. Litzenberger requested status of the traffic signal to be installed at Tower Road. G. Neebe noted that he was waiting for the Township to award the bid. He will then contact the same company to install the signal at the Tower Road intersection. The motion carried 5-0-0.

b. One Call System – update – S. Baluh commented that he has reviewed the application. It was suggested that G. Housworth and the Road Crew Liaison should be listed as contacts.

B. Zoning Report – Written report available. The Zoning Officer requested direction from the Board with regard to the Rickards complaint. After a lengthy discussion, it was noted that this is not a Township matter but a civil action. J. Yeager commented that the prior Zoning Officer had reviewed the problem and it may not have been something that would require an enforcement notice from the Township. It was the consensus of the Board that the Zoning Officer write a letter to Mr. Rickards and explain that this is a civil matter.

N. Janyszeski commented that there was some confusion as to the amount of hours to be worked by the Zoning Officer and the Building Inspector. The Board had determined that Keystone would work a maximum of 20 hours per week in total for both positions. The Board determined that the Building Inspector would work 9 hours and the Zoning Officer 11 hours a week. The Board was in agreement and requested a letter from the Zoning Officer advising the Township of the amount of time needed, hours and months, to bring the Township up-to-date.

C. Emergency Management – E. Mocarsi was in attendance. He commented that a table-top drill was conducted with surrounding fire departments, VOAD and the Upper Bucks EMS and was deemed a success by the B.C. Emergency Management Agency. The Board discussed the request from the EMA for apparel to identify Emergency Management during emergency situations, training exercises, etc. H. Gawronski requested a sign out sheet should be available when apparel is removed from the building. It was the consensus of the Board that the order be reduced to twelve (12) each: hats, sport shirts, and jackets. No t-shirts. A motion was made by H. Gawronski, seconded by J. Litzenberger, to purchase (12) twelve each of the following: hats, sport shirts and jackets. No t-shirts. The motion carried 5-0-0. The Board discussed the request for coolers to be given out at Community Day. N. Janyszeski commented that the funds to purchase this item would be taken out of Community Day monies.H. Gawronskidisagreed.A. Santopietro requested that ‘Nockamixon Township EMA’ be imprinted on the cooler logo. A motion was made by A. Santopietro, seconded by B. Keyser, that the Township spend up to $274.00 for 106 coolers with the imprint (EMA logo).Monies are to be taken from the Community Day Funds. Under discussion, C. Hall commented no Community Day Funds had been used to purchase shirts for the Community Day staff. Park & Rec paid for their own t-shirts. A. Santopietro commented that items being given away at this event no matter which committee, should be paid with those funds. J. Litzenberger commented that the money is coming out of the Township budget and this event is for everyone in the Township. The motion carried 3-2-0 with H. Gawronski and J. Litzenberger voting nay. The Board discussed the order for radio batteries for the EMA. A motion was made by A. Santopietro, seconded by J. Litzenberger, to purchase two batteries for the radios at $99.00/each plus shipping, not to exceed $250.00. The motion carried 4-1-0 with H. Gawronski voting nay.

D. Environmental Advisory Committee – S. Donovan, member, gave the report. It contained several questions including status of the Hidden Valley water testing by the County, the Developer’s List and the list of water meters currently in the Township. J. Yeager commented that no information has been received from the County for the water testing. The Developer’s List was discussed at last month’s meeting. S. Baluh sent a list of commercial properties with water meters to the Township Zoning Officer.

E. Open Space Committee – S. Tenney and N. Alessi, co-chairs were in attendance. S. Tenney discussed the Municipal Open Space Program 2008 Guidelines, the Natural Areas Program availability of Grant funds, as well as the County Agricultural Preservation Program. She requested permission for two members of the Open Space Committee to attend the two-day PA Land Conservation Natural Gas & Land Conservation Conference in Harrisburg, Thursday, June 19 and Friday, June 20, 2008. A motion was made by B. Keyser, seconded by J. Litzenberger, to cover the expenses of two representatives of Nockamixon Township to attend the two-day seminar in Harrisburg. Cost not to exceed $650.00. The motion carried 4-1-0 with N. Janyszeski voting nay.

F. Park & Recreation Board – T. Keebler, Chairman, gave the report. A plan was presented to the Board for a walking path on Veteran’s Park and he would like to set up a site visit with the Board to review the proposed path. A date will be set at a later time. E. Scott would like Board permission to show a movie at Veteran’s Park on a Friday night, rain date Saturday, in late July/early August. Attendance would be limited to baseball families only. It was the consensus of the Board to have a movie night at Veteran’s Park. A. Balogh commented that the park closes at dusk and the speakers on the scoreboard. The Board suggested that the Zoning Officer review the noise level of the speakers.

- T. Keebler commented that a teen-age boy has to complete 200 hours of Community Service and wanted to know if there is any work he can do at the Township. Information will be brought to the Township Office.

G. Community Day – Chairman, C. Hall, gave the report. He commented that the Committee is waiting for contracts, everything is progressing nicely. The Board confirmed that any committee requesting items for Community Day will be paid out of this funding.

H. Treasurer’s Report –

G. Monteleone was not at the meeting due to a family emergency.

-The June 2008 Bill List, includes $37,958.00 in General Fund Payables. Please note this includes purchases made by the Road Crew for the joint venture with Durham Township and we will be reimbursed in the amount of $3,690.92. There are also disbursements from the Escrow Account totaling $8,985.22

-Deposit Detail for all accounts since our last meeting. We have received our Liquid Fuels/Act 44 funds totaling $136,206.47, which is reflected in the deposit detail. Please note I have funds that will be deposited in the General Fund tomorrow that total approximately $6000.00 and $875.00 to be deposited in the Community Day Account. These monies are additional to the totals provided in my report.

-The current Cash Balances for all bank accounts.

A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the Treasurer’s Report and the June 2008 Bill List as presented.

The motion carried 5-0-0.

SUBDIVISIONS:

A. Sal Lapio Homes ( Harrow Manor) Subdivision-grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

B. D. Gross/ Byers Road Subdivision-grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

C. G. Hoffman Subdivision-grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

D. E. McArdle Subdivision-grants extension to 09/01/2008

The Board acknowledged receipt of the extension.

LAND DEVELOPMENTS:

• Wehrung Group-Phase II – grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

• Harrow Station LLC-Senior Housing-grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

C. Nockamixon Crossing Shopping Center-grants extension to 09/30/2008

The Board acknowledged receipt of the extension.

RELEASE OF ESCROWS:

A. Park View Estates Subdivision – Voucher #1 - $109,826.55 payable to

Prime Properties – A motion was made by H. Gawronski, seconded by B. Keyser, to release Park View Estates, Voucher #1 in the amount of $109,826.55 payable to Prime Properties. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by J. Litzenberger, to pay the escrow accounts for Wynn Associates and P-Hydro. The motion carried 5-0-0.

OLD BUSINESS:

A. SECTV – T. Himmelwright – T. Himmelwright commented that the cable system is being upgraded to include High Definition TV and high speed internet. Estimated time of completion is 6-8 weeks. Also, problems that customers are currently experiencing should be alleviated. Every home that can currently be served by our cable system today will have access to the new system. It was noted that Quarry Road does not have cable service. T. Himmelwright requested the length of Quarry Road and the number of houses. E-mail any questions or concerns to himmelt@sectv.com. They have revised the number of houses per cable mile from 35 to 20 houses. T. Himmelwright summarized the main points on the franchise. The former franchise has expired. They negotiated contracts with Nockamixon, Tinicum, Springfield Townships and Riegelsville Borough as a group. Bridgeton has asked to be included. This is a 10-year non-exclusive franchise proposal. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the Cable Franchise agreement as amended to read 20 houses per cable mile. The motion carried 5-0-0. T. Himmelwright commented that the Board should sign two copies of the amended franchise agreement and return them to SECTV for signature. A copy will be sent to the Township for their records. The Board of Supervisors thanked all those who volunteered their time to serve on the cable franchise committee.

• Nockamixon Historic Commission – Letters of Interest –

J. MacFarland, A. Lyons, N. Jesiolowski, M. Shafer, H. Nast, P. Keyser

N. Janyszeski commented that letters of interest were received from seven residents including T. Fritz. A motion was made by B. Keyser, seconded by J. Litzenberger, to accept the letters of interest for the Nockamixon Historic Commission. The motion carried 4-1-0 with H. Gawronski voting nay.

• Suburban Realtors Alliance – Update to Data Base

It was the consensus of the Board to fill out the form.

NEW BUSINESS:

• Request for signage – School Drive – P. Smith

A. Eichlin commented that due to a conflict in scheduling, P. Smith was unable to attend this meeting. The Board tabled to the July meeting.

– N. Janyszeski commented that she attended aLower Delaware Wild & Scenic River Meetingand noted that Grant Money, up to $5,000, is available for municipalities that plan to clean up their waterways.

-B. Keyser was concerned that the upgrade to the stream at Kintner Hill Road may not withstand a large amount of water runoff.

SOLICITOR’S REPORT:

The Solicitor, J. Yeager commented regarding the Arbor Oil & Gas law suit and that preliminary objections have been filed. They have 20 days to either file an amended complaint or file a response to the preliminary objections. A denial of coverage letter has been received from the Insurance Company. He commented that there may be grounds to challenge that denial. – Gross/Byers appeal from ZHB, a conference is scheduled with the Judge tomorrow. He has been contacted by the Gross attorney who is seeking a resolution to the case. – A cost study has been received from PMRS for changes to the Pension Plan. Copies are available for the Board and staff. To be discussed at the next Board meeting. – Open Space request for proposals. Banks who received paperwork have requested additional time in order to complete. Time has been extended to July 9, 2008. He will not be available for the July Board meeting. An attorney from Curtin & Heefner will be attendance.

-The Work Session scheduled for Wednesday, July 2, 2008 will be held with the Park & Rec Board.

-The Board discussed the second Monday of the month as the meeting night for the Nockamixon Historic Commission.

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

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary