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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

July 15, 2008

The regular scheduled meeting for July was held on July 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 Supervisors B. Keyser and A. Santopietro. Members absent were Vice-Chair, J. Litzenberger and Supervisors H. Gawronski. Solicitor, E. Closser and Township Engineer S. Baluh were also present.

N. Janyszeski commented that J. Litzenberger is on vacation and H. Gawronski would not be in attendance due to an injury.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule.

APPOINTMENT:Assistant Treasurer - B. Keyser

N. Janyszeski commented that B. Keyser was appointed Assistant Treasurer at a Special Meeting held Tuesday, July 8, 2008. The Board also requested that the Solicitor send a letter to G. Monteleone a letter advising that they felt that she had vacated the position and therefore resigned. No response has been received from G. Monteleone. The insurance company will be advised. She introduced G. King, the temporary Treasurer, from AccounTemps. A motion was made by N. Janyszeski, seconded by B. Keyser, toincrease the hourly rate to be paid to AccounTemps to $26.00, and to increase the weekly hours to twenty-five. The motion carried 5-0-0. N. Janyszeski directed G. King to advise AccounTemps of the increase effective immediately.

MINUTES OF MEETING:

A motion was made by A. Santopietro, seconded by B. Keyser, to approve the June 17, 2008 minutes as presented.The motion carried 3-0-0.

A motion was made by A. Santopietro, seconded by B. Keyser, to approve the minutes of the Special Meeting of July 8, 2008 as presented. The motion carried 3-0-0.

REQUEST TO BE ON AGENDA:

• Complaint – Don Rickards, Donna & James Dunar

D. Rickards and D. Dunar were in attendance. D. Rickards addressed the complaint with the Board regarding the letter he received from the Township dated June 18, 2008. It advised him that the complaint concerning setback violations is now a civil matter between the property owners. Buildings at 620 Marienstein Road may be constructed too close to the property line. Over the past several years, D. Rickards discussed this issue with past and current Zoning Officers. E. Closser, Solicitor, commented that the Board was in agreement that this is dispute between neighbors. S. Baluh commented that the discussion at the last meeting concerned a property line dispute and, as such, it would be a neighbor problem. If permits were based on the pins shown on the plans then they were issued correctly. S. Baluh added that if permits were issued in error, based on an incorrect survey, nothing can be done. If permits were not issued and there is a zoning violation, they would have an opportunity to appeal to the ZHB. It wouldn’t mean that the structures would have to be removed. It was the consensus of the Board to direct the zoning officer to check the files for permits issued for the 620 Marienstein Road residence. D. Rickards thanked the Board for listening.

PUBLIC COMMENT:

-T. Stone commented that the clean up scheduled for Lynn Island has been postponed until Saturday, September 7, 2008. He is seeking volunteers to assist in the project.

-S. Donovan voiced concerns about the speakers, the dust that occurs during mowing near the infield of the ball fields, and the annual spraying for weeds at the ball fields at Veteran’s Park. A. Santopietro commented that the speakers will be discussed at the next Park & Recreation Board meeting. He discussed field spraying and noted that the residents would be notified and the Park posted a week prior to any spraying.

-N. Jesiolowski suggested that perhaps the area could be watered down before mowing to decrease the dust and spray chemicals on a calm day to keep the substance from traveling to surrounding properties.

-E. McHale commented that she hears the loudspeakers from the High School fields when games are in progress, and she lives a mile away. She knew they were there when she moved in.

-H. Nast commented that the Peach Festival will be at St. Luke’s Church and she had tickets for sale.

REPORTS:

A. ROAD DEPARTMENT – G. Housworth commented that skim patching had been completed on roads scheduled for tar & chip later this year. He requested a recommendation from the Board for posting the 12”x18”‘no skateboarding’ signs at Veteran’s Park. It was noted that signs would be posted on the pavilion. The new truck has an anticipated delivery date end of July/early August. N. Janyszeski commented that the Boardmade a decision regarding PMRS benefits. It was the consensus of the Board to proceed with the updated PMRS pension plan benefits for employees at a cost to the Township of $700.00/year with the following addendum: vested employees benefits would be passed to their beneficiaries should they be deceased before they retire. PMRS will forward paperwork, in the form of a resolution, for the Board to amend the plan. A motion was made by N. Janyszeski, seconded by A. Santopietro, upon the Solicitor’s approval, that the employee pension plan at a to be determined expense to the Township, approximately $700.00, will in fact amend their plan that if they are vested and if they die before retirement their beneficiaries will get their benefits. Under discussion, it was noted that the cost is for all employees, not per employee. The motion carried 3-0-0.

A motion was made by N. Janyszeski, seconded by B. Keyser, to amend the pension plan that employees may, at no expense to the Township, contribute to their pension plan. The motion carried 3-0-0.

A motion was made by A. Santopietro, seconded by B. Keyser, to accept the June 2008 Road Report as presented. The motion carried 3-0-0.

B. Zoning Report – The zoning officer was not in attendance. The Board reviewed the report and commented that additional well permit fees are required as noted in the Groundwater Ordinance. The fee schedule will be revised accordingly. S. Tenney raised the question about a complaint that has already been lodged. The Board requested that the Zoning Officer follow-up on S. Tenney’s complaint.

C. Emergency Management – EMA member, M. Shafer, gave the report to the Board. She noted that a training session will be held by the BCEMA on August 7, 2008 which will address responses to animals during emergency situations. Sessions will be scheduled in the fall for Red Cross training/retraining. Contact the EMA, if interested at nockamixonema.wordpress.com. The purchase orders for apparel were resubmitted to the Board for approval. She commented that the company will waive some of the set-up fees based on the amount of product purchased. The following items were discussed: 24 caps and t-shirts, 12 sport shirts and lined coach’s jackets. A motion was made by A. Santopietro, seconded by B. Keyser, to expend up to $1,700.00 for the items presented to the Board by Emergency Management. The Board rescinded last month’s authorization to be replaced with this month’s. The motion carried 3-0-0.

D. Environmental Advisory Committee – S. Donovan, member, gave the report. He is seeking direction from the Board involving the Groundwater Ordinance including fees and amendments. He would like to speak with the Solicitor and contact M. Mulhall to review these changes. S. Baluh commented that the application form and the fee schedule changes can be done by resolution.

E. Open Space Committee – S. Tenney, co-chair, gave a short report to the Board. She commented that a report will be given next month for the conference they attended. E. Closser did a follow-up on the Request for Proposals that were received by the Township. He gave a general overview of the ‘Local Government Unit Debt Act’ and procedures for incurring debt by Townships. N. Janyszeski commented that the Board will not be addressing this issue at this time and suggested a special meeting to discuss the proposals that were received. She commented that the State has passed SB1063 authorizing Counties to collect EIT taxes.

F. Park & Recreation Board – Chairman, T. Keebler was not in attendance. E. Gawronski, member, gave the report. N. Janyszeski commented that the B.C. Planning Commission is looking to meet with a Township representative regarding a survey being done on Township trails, etc. The information will be forwarded to Park & Rec for their review and a meeting will be scheduled for the fall.

G. Housworth commented that he and T. Keebler discussed the person who has to complete 200 hours of Community Service. The Road Department does not have any work at this time. He suggested that, with Board permission, have him paint the sea-train container. It was the consensus of the Board to allow the person to paint the container.

G. Community Day – Chairman, C. Hall, had to leave the meeting early. E. Gawronski gave the report. She commented that the committee will be meeting every two weeks. Total donations, including vendors, $3,100.00; expenses $1,293.00. A contract for $375.00 was received from Dick Rainer for approval and signature by the Board. A motion was made by N. Janyszeski, seconded by A. Santopietro, to pay the Stilt Man, Dick Rainer, for a full day of service for Community Day in the amount of $375.00. The motion carried 3-0-0. The next meeting will be held at the B.C. Horse Park with the fire department to discuss activities for Community Day. All are welcome to attend, Wednesday, July 23, 2008.

H. Treasurer’s Report – No Report. G. King, Temporary Treasurer, gave the Board checks for signature, along with the June bill list. A motion was made by A. Santopietro, seconded by B. Keyser, to approve the June bill list as presented. The motion carried 3-0-0.

SUBDIVISIONS:

A. G. Jesiolowski 2-Lot Subdivision-grants extension to 11/30/2008

The Board acknowledged receipt of the extension.

B. A. Morton 3-Lot Subdivision-grants extension to 11/30/2008

The Board acknowledged receipt of the extension.

C. E. McArdle 5-Lot Subdivision-TMP# 30-11-33 – Preliminary/Final Plan

D. Litzenberger, surveyor, gave a short summary to the Board. The plan consists of 28-acres on Frogtown Road with two flag lots one of which consists of 15 acres. Sand mounds will be installed, wells have been drilled, outside agency approvals have been received. The Planners approved this subdivision at their July meeting. D. Litzenberger, S. Baluh and the Board of Supervisors reviewed the Wynn Associates letter of June 26, 2008.

A fee will be paid in-lieu-of recreation land – comments, with documentation, were received in response to the EAC letter of October 10, 2008 – the A.C. of Engineers Jurisdictional Determination has been received confirming a wetland delineation – all lots will be deed restricted from further subdivision – improvement to driveway entrance to Lots #1 and #2, it had been shared to the back of the lot, it is now shared only at the entrance – the applicant has agreed to repair and stabilize the roadside swale, a waiver was recommended by the Planning Commission at the standard rate of $3,000.00 per new building lot – S. Baluh is satisfied with the final stormwater plan that has been submitted, an Operation & Maintenance agreement will be executed – B.C. Conservation District erosion control and NPDES permit approval has been received – all wells have been drilled, test results have been reviewed, Lots #2 & #3 have problems that will be addressed – PADEP Sewage Facilities Planning Module approval has been received for the sand mounds (all lots) – property monumentation has been installed – right-of-way for Frogtown Road will be offered for dedication to the Township – Development/Financial Security Agreement will be executed with the Township. The applicant has complied with all the issues.

A motion was made by A. Santopietro, seconded by B. Keyser, to grant Preliminary/Final approval for the E. McArdle 5-Lot Subdivision on Frogtown Road based on the conditions in the Wynn Associates Letter of June 26, 2008. The motion carried 3-0-0.

LAND DEVELOPMENTS:

• Harrow Station LLC CVS/Car Wash – grants extension to 11/30/2008

The Board acknowledged receipt of the extension.

• DiPalantino L/D-grants extension to 10/05/2008

The Board acknowledged receipt of the extension.

OLD BUSINESS:

A. Request for signage – School Drive – P. Smith

Ms. Smith had been contacted but was not in attendance. G. Housworth commented that ‘Children at Play’ signs are in place on School Drive.

• Sign contract for SR412/563 Traffic Signal

S. Baluh commented that the contract has been awarded conditionally to Armour & Sons. Bond and insurance information has been forwarded to J. Yeager for his review. He requested that the Board sign the contract for $167,000.00. He commented that $80,000.00 has been budgeted for the traffic signal. Another $80,000.00 has been budgeted for bridge repair on Trauger’s Crossing Road, which the Township does not anticipate completing this year. There may be money remaining in the Road Paving budget to cover the balance.

• Request Authorization to Advertise for bid for Kintner Ridge Completion

S. Baluh commented that the road paving and other miscellaneous repairs needs to be completed at Kintner Ridge as soon as possible. This subdivision was previously owned by R. Beres but another developer has purchased the three lots that remain. The Solicitor, J. Yeager, was contacted and he recommended public advertising of the bid. The Developer’s Escrow account contains approximately $98,000.00 for these repairs. It was the consensus the Board to advertise the bid for the completion of work at Kintner Ridge.

• Nockamixon Historic Commission – Term limits
• 1-year 1/1/2009; (2) 2-year 1/1/2010; (3) 3-year 1/1/2011

N. Janyszeski commented that the Nockamixon Historic Commission met for the first time last evening. The Chair is J. MacFarland, Co-Chair is T. Fritz; Secretary is A. Lyons. Terms were set as follows: Two one-year terms: P. Keyser and H. Nast; Two two-year terms: N. Jesiolowski and M. Shafer; Three three-year terms: J. MacFarland, T. Fritz and A. Lyons. T. Stone commented that this is a new commission. N. Janyszeski noted that it was by resolution a Township Committee and, as such, can piggy-back on other organizations to obtain grants. It is completely different from the Historical Society. A building key will be issued to the Chair of the Nockamixon Historic Commission.

- N. Janyszeski commented that last month there was a discussion about how and where Township records can be stored. The Board is considering storing in a sea-train container. The main concern was moisture and how it might affect the records. This will be discussed at a later date. The Board discussed additional file cabinets for the front office after the desk for the Zoning and Building Inspectors are moved to the back room. A motion was made by A. Santopietro, seconded by B. Keyser, to have the Township Secretary purchase two filing cabinets at a cost not to exceed $1,000.00. The motion carried 3-0-0. The Board requested bids from companies to enter records on a microfiche or laserfiche system.

NEW BUSINESS:

• Nockamixon Historical Society

Request to Budget $2,500 next year for 2009 Concerts

C. deSocarras commented that a letter had been sent to the Board regarding the 2009 free concerts. She commented that a decision from the Board would be very much appreciated today. The amount requested was $2,500 for 2009, the same as 2008. The grant application for the PA Council on the Arts is due shortly and it is based on the amount budgeted by the Board. A motion was made by N. Janyszeski, seconded by A. Santopietro, to match the grant that the Nockamixon Historical Society is applying for from the PA Council on the Arts. The budget amount will be discussed at budget meetings. Under discussion, N. Janyzeski noted that whatever amount is decided it will be done at the budget meeting. She understands and appreciates the value of the concerts and that they are enjoyed very much by those who attend. The motion carried 3-0-0.

B. Natural Lands Trust – Ordinance Assessment Agreement – N. Janyszeski commented that she spoke with A. Hutchinson regarding the service offered by Natural Lands Trust that assesses Township ordinances. S. Baluh commented that they review and advise where you may have some omissions in your ordinance by comparing with standards in other municipalities. Grant money is used to offset the $1,500-2,000 cost of the 30-60 day review and the Township would only be required to pay $500.00. S. Baluh commented that the review probably leans toward natural features and resource protection which may include open space percentages. A motion was made by N. Janyszeski, seconded by A. Santopietro, to authorize Natural Lands Trust to assess our Codes including: Zoning, SALDO, Comprehensive or Open Space Plans and expend a maximum of $500.00 for this process. N. Alessi requested that the proposed Flexible Development Ordinance also be included. S. Baluh commented that reviews are being done under standardized programs which have grant monies available. He has not spoken with them directly, but he does not believe that they are customizing their reviews that much for different municipalities, although it covers a wide variety of topics. The motion carried 3-0-0.

• Gorham Property – Claim for Vandalism

N. Janyszeski commented that vandalism had occurred to the stained glass windows of the barn on the Gorham property, only one remains. Measures have been taken to board up the barn, windows and doors. If the Board chooses to proceed with a claim, she has information available of persons who will estimate the cost to repair these windows. Not all the windows were broken recently, it occurred over some length of time. She noted that the PA State Police will continue to monitor the property. A. Santopietro requested discussion when all Board members were in attendance. E. Closser suggested that the insurance company be contacted for policy information. The Board tabled until the August meeting.

• Joint Work Session with Planning Commission – Ordinances

Wed., July 23, 2008 @ 7:30PM – Permission to Advertise – The Board noted that Brad and Wayne Nicholas will be contacted to attend the meeting for their input regarding septic systems.

-The Board discussed a complaint received by the Township regarding the traffic signal at SR412/611. The problem seems to be that cars headed north may accidentally trip the loop detector on SR412 causing the signal to change. S. Baluh discussed with G. Housworth and will have him look at the equipment and, if we have the ability, set a time delay. Armour & Sons will be installing the new traffic signal at SR412/563. He will have them check the equipment for problems when they are on site. He will continue to monitor the situation.

-A packet was received from Heritage Conservancy discussing the Scenic By-Ways. They have requested to be on the September Board meeting for a short presentation. They will be contacted to confirm the date.

SOLICITOR’S REPORT: There was no report.

-The Board discussed the re-adoption of the existing zoning ordinances and the update of Act 537.

-G. King requested guidance in transferring funds from the High Yield Money Market to the General Checking Account.

A motion was made by A. Santopietro, seconded by B. Keyser, to adjourn the Board of Supervisors Meeting at 10:22PM. The motion carried 3-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary