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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

August 19, 2008

The regular scheduled meeting for August was held on August 19, 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, J. B. Yeager and Township Engineer S. Baluh were also present.

Chair N. Janyszeski commented that the Board had met in an Executive Session from 7:00PM to 7:45PM to discuss personnel and litigation.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule. S. Tenney commented that the Open Space Committee was duplicated. The Community Day Committee will meet on Wednesday, August 20, 2008 at 6:30PM. A. Eichlin commented that the NBICD Authority is scheduled to meet on Monday, September 8, 2008 @ 7:30PM.

MINUTES OF MEETING:

A motion was made by A. Santopietro, seconded by B. Keyser, to approve the July 15, 2008 minutes as presented.The motion carried 3-0-2 with J. Litzenberger and H. Gawronski abstaining, they did not attend the meeting.

REQUEST TO BE ON AGENDA:

• Berger Road – José & Alison Ferreira – J. Heley, Esq, attorney for the resident, and Alison Ferreira, the property owner, were in attendance. J. Heley discussed several issues concerning this roadway with the Board including, but not limited to, drainage, severe curves, steep grades, sight distance, safety issues (gravel portion) and winter closure. A. Ferreira requested that the Township consider repairing or vacating the road. The Solicitor, J. Yeager commented that the Board may not be able to address all roads that may not be up to standard. He advised the Board that they should consider addressing safety concerns and suggested that they instruct the road crew and the Township Engineer to explore ways to improve road safety in the interim. Have them prioritize which need the most attention and advise the Board of their findings. It was the consensus of the Board to move forward with identifying improvements to road safety.

B. Waiver of Land Development – Jerry Fritz – J. Fritz presented his plan to link a 24’x58’ glass green house to his historic barn thereby creating a restaurant. He would like to know Township requirements. S. Baluh commented that regulations for a non-residential building is treated as a land development as defined in the ordinance. Other considerations would be additional water usage, sewage disposal and parking along with other restaurant requirements. Complete information should be brought to the Planning Commission for review. In order to expedite the plan, S. Baluh suggested submitting a sketch plan for an informal review identifying specifically where the restaurant, parking, and improvements would be located. The Board suggested he contact State and County Agencies.

PUBLIC COMMENT:

-T. Stone commented about the improvements completed to the bridge at Kintner Hill and SR611. The stone raceway embankment at the bottom or Ealer Hill, along SR611 has experienced damage during flooding the last three years. He is requesting that the Township contact PennDOT regarding their plans to maintain the stream. Trees are growing between the rocks, compromising the stonework. It was the consensus of the Board to forward photographs to PennDOT, State Representatives and Senators requesting maintenance on the Ealer Hill Road raceway which contains historic stonework.

-S. Donovan, BNT GWMC member, requested permission from the Board to speak with the Solicitor, J. Yeager, regarding amendments to the Groundwater Ordinance. N. Janyszeski commented that it will not be addressed at this time. J. Yeager commented that the Township received a letter from State Department of Labor & Industry advising that a complaint had been filed regarding this ordinance.

REPORTS:

A. ROAD DEPARTMENT – Cost increase for Tar & Chip - G. Housworth gave a short report to the Board regarding skim patching, boarding up the barn on the Gorham property, removal of vehicles from the Sibre property and installation of ‘no skateboarding’ signs at the park. Township road signs have been marked with graffiti and he is seeking suggestions from the Board how to proceed with removal. It was the consensus of the Board to have G. Housworth look into several options. A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the July 2008 Road Report as presented. The motion carried 5-0-0.

Tar & Chip Cost Increase – J. Yeager commented that the Township received a letter from Asphalt Maintenance Solutions (AMS) the company awarded the bid, advising that they would raise the price significantly, $47,000.00, effective immediately. The signed contract stipulates a set price for one year, with an escalator clause allowing an increase one year later. The work is to be completed by September 1, 2008. He is of the opinion that the bid should be honored as bid and that the Township cannot deviate from what was publicly bid. He advised the Board to respond to the contractor that the contract awarded will stand and AMS will honor or be in default and forfeit the bond. The Board directed the Solicitor to contact the contractor by phone and letter advising them to honor the contract as written.

B. Zoning Report – The zoning officer was not in attendance. The Board reviewed the report and there was a consensus to have the Zoning Officer follow up with the neighbor on Marienstein Road next to the Rickards property. N. Janyszeski will discuss the amount of time needed to update the Nockamixon Township fee schedule with the Zoning Officer.

C. Emergency Management – N. Janyszeski commented that T. Macfarlan and E. Mocarsi were not in attendance and that the discussion at the meeting concerned their activities for Community Day.

D. Environmental Advisory Committee – J. Petersen, chair, gave the report. He requested $100.00 for materials/exhibits for Community Day. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to expend up to $100.00 for the EAC for materials for Community Day. The motion carried 5-0-0. They also requested use of the Township copy machine for 50 handouts.

No response has been received from the Quarry regarding their permit. The Board directed S. Baluh to send a letter requesting information by the September Board meeting. S. Donovan commented that the BNT GWMC strongly urges the Board to request that a turbidity meter be installed on the outflow. S. Baluh noted that once the permit applications have been received, a request can be made concerning the meter.

The EAC requested permission to attend a water resources workshop in Solebury Township. It was a consensus of the Board to have a member of the EAC attend and submit the $10.00 fee and mileage for payment.

E. Open Space Committee – N. Alessi, co-chair, requested a short executive session with the Board. The Chair, N. Janyszeski, commented that the Board would recess for an Executive Session to discuss Real Estate. The Chair, N. Janyszeski, commented that the Board met in Executive Session to discuss Real Estate from 8:50PM to 9:20PM. The meeting reconvened at 9:20PM. - S. Tenney requested approval from the Board for a property appraisal. A motion was made by J. Litzenberger, seconded by B. Keyser, for Project #8, to expend up to $2,200.00 for an appraisal. The motion carried 5-0-0. - With regard to holding a work session to discuss the line-of-credit, the Board agreed to set a date for October at the September meeting. The Board members voiced several concerns including County collection of the EIT, and the economy.

F. Park & Recreation Board – Chairman, T. Keebler was not in attendance. E. Gawronski, member, gave the report. She noted that the American Legion requested a barrier around the Veterans’ Park Memorial. It will consist of black pipe and chain. E. Scott will donate his time to install, a supplier will donate the pipe and Wehrung’s will donate the chain. The committee is working on a plan for a walking/exercise path at Veterans’ Park and they would like to apply for a grant for a Master Plan. H. Gawronski commented that he spoke with F. Rubert, DCNR, who noted that in order to obtain a grant a detailed master plan would have to be generated. F. Rubert will be contacted to set a date to attend a Park & Rec Meeting.

G. Community Day – Chairman, C. Hall, gave the report. A correction for Page 11 of the report: total income should be $3,990.00. He brought several contracts for approval and signature by the Board: Pleasant Valley Promotions $600.00; Phantom Entertainment $865.00, they requested a $400.00 deposit and he requested an out-of-meeting check, balance to be paid 9/20/08; The Adventure Network $1,000.00, they requested a $200.00 deposit, balance to be paid 9/20/2008. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve and signature of the following: Pleasant Valley Amusement for $600.00, Phantom Entertainment, $865.00, Adventure Network, $1,000.00, with $200.00 deposit. The motion carried 5-0-0. E. Gawronski and the Community Day committee thanked the Solicitor, J. Yeager, for his donation of $500.00 and C. Robert Wynn Associates for their donation of $500.00. J. Litzenberger and the Board thanked the Community Day Committee for all their help.

H. Treasurer’s Report – No Report.

J. Litzenberger reviewed the Bill List. A motion was made by J. Litzenberger, seconded by A. Santopietro, to accept the July 2008 Bill List dated 8-19-2008, time-stamped 6:21 PM. The amount is $123,147.67 as shown on the bottom of the list. Included will be a deposit of $400.00 for the Phantom Entertainment contract for Community Day. New Total is $123,547.67. The motion carried 5-0-0.

I. Nockamixon Historic Commission – H. Nast gave the report to the Board. P. Keyser is unable to fulfill her term and requested a replacement. A logo was presented to the Board for approval. It was the consensus of the Board to change the logo colors to burgundy and tan. Other items discussed, creating a website; donations of land deeds and documents; storage space and catalogue for documents. M. Shafer offered to donate a MacIntosh computer and File Maker Pro to be used to catalogue documents. She requested that it be used solely for the Nockamixon Historic Commission. Once it has been accepted by the Board, she will bring to the Township Building and set up. The Commission requested three digital recorders. J. Litzenberger requested a list of items required by the Commission. A motion was made by J. Litzenberger, seconded by A. Santopietro, to accept the donation of the MacIntosh computer by M. Shafer. The motion carried 5-0-0. The Board directed the Secretary to send a thank you letter.

SUBDIVISIONS:

A. N. Peter Kerl TMP# 30-8-13 – Conservation Easement – S. Tenney commented that the Open Space Committee would like to present, for Board approval, an open space allocation for a property. They are requesting $35,000.00 for the Nockamixon portion of the 93-acre conservation easement located on Kintner Road. The property encompasses a total of 102 acres with 84 acres in Nockamixon Township and 18 acres in Durham Township. The property consists of several types of landscapes including steep slopes, woodlands, ponds, and riparian buffers and is currently listed under Act 319. In addition to Durham and Nockamixon Townships, funding will be provided by the PADCNR Natural Areas Program Acquisition Grant and Bucks County Natural Areas Program Grant together with the Heritage Conservancy. When property is put in a conservation easement, the property owner is responsible for insurance for the easement itself. A motion was made by J. Litzenberger, seconded by A. Santopietro, to expend out of Open Space Funds up to $35,000.00 for the easement on the Kerl Property consisting of 75 acres in Nockamixon Township contingent upon all the partners in the funding stream meeting their obligations and the Solicitor’s review. The motion carried 5-0-0. As an addendum, E. Gawronski commented that Durham approved the purchase last week.

B. Christman Subdivision – grants extension to 12-31-2008 – The Board acknowledged receipt of the extension.

R. Gundlach, attorney, and D. Gross, the applicant were in attendance. R. Gundlach reviewed sketch plan #3, 7-Lot Subdivision, with the Board and advised of the proposed changes. The Planners have reviewed the plan and they recommended support of this layout. The applicant is currently working with the Open Space Committee for a conservation easement. The issues for discussion are: the Board’s comments on this 7-Lot Subdivision Plan, the Board’s willingness to work with the Open Space Committee on a conservation easement and an extension to December 31, 2008.

J. Yeager commented that the applicant is seeking feedback from the Board on this plan. The Board, for the most part, was in favor of the concept for this plan. They voiced their concerns about the shared driveway and/or private road and the location of Lot #5 compared to the other four lots. All were in favor of open space. R. Gundlach commented that the planners suggested a conservation easement on Lot #7 and the applicant agreed. Lot #5 was dropped far enough so as not to be seen from Frogtown Road. Currently, the proposed 14’ roadway has three pulloffs for cars. R. Gundlach requested Board support for the Open Space Committee efforts to move forward with the appraisal. S. Tenney commented that the OSC was not getting an appraisal for this property at this time however, the applicant could obtain an appraisal. N. Alessi explained the appraisal process to D. Gross. The Board acknowledged receipt of the extension. It was the consensus of the Board to have the applicant move forward with the property appraisal.

LAND DEVELOPMENT:

• Harrow Station LLC–CVS/Car Wash–G. Neebe Revised Preliminary Plan-TMP# 30-11-30

E. Pellegrino, Engineer, and the applicant, G. Neebe was in attendance. G. Neebe presented a sketch plan of the proposed CVS building to the Board. S. Baluh, G. Neebe and the Board reviewed the Wynn Assoc letter of July 30, 2008. CVS will not reduce the amount of parking spaces, but they do meet the zoning requirements – additional buffering, the installation of a 6’ high vinyl fence, will be implemented for the adjoining Greiger property – CVS will be using existing access points and have proposed no additional improvements to SR611 or Tower Road – waivers: future sidewalk shown along SR611. A restriction has been added that the owner of the property will install in the future if determined by the Township – The fire chief commented that if CVS meets all the current codes he believes there would be no problems – the existing stormwater basin is being expanded – CVS will have minimal impact on the existing water and sewer system, additional information was requested and has been supplied by G. Neebe – The Board discussed the second car wash and the impact it might have on water usage. G. Neebe has no plans to open the additional car wash at this time. Other issues include: outside agency approvals from B.C. Conservation District and their NPDES permit. A limited traffic study has been requested for additional traffic from the CVS and how it may impact the timing to the traffic signal now based on current day flow. The applicant is requesting preliminary approval from the Board of Supervisors. A motion was made by J. Litzenberger, seconded by B. Keyser, to approve the revised preliminary plan for the Harrow Station LLC CVS/Car Wash, as presented, along with the conditions outlined in the July 31, 2008 Wynn Associates review letter, deferring the water test for the Senior Housing project and the addition of speed bumps, as required. The motion carried 5-0-0. The applicant agreed to these conditions.

OLD BUSINESS:

A. Gorham Property – Claim for Vandalism – The Board discussed the damage that occurred at the Gorham property and do they wish to proceed with the claim. It was the consensus of the Board to move forward and obtain proposals for repair and/or replacement.

B. Award bids for Kintner Ridge Completion – S. Baluh commented that bids were opened on Monday, August 18, 2008 for the completion of the Kintner Ridge project. Unfortunately, due to the increased cost of black top, the bids received exceeded the amount of money remaining in the Letter of Credit. Bids were received from Blooming Glen Contractors and NIMARIS. The low bid was $106,175.00. In order to obtain bids from the contractors, S. Baluh added an escalator clause. He noted that price adjustments are based on an index that comes out the last Wednesday of the month. S. Baluh advised that the Board has 45 days to accept the bid and suggested that the Board table until he finds out what the index is for the month. If it should increase, this project will have to be scrapped for this year and re-bid next year.

RELEASE OF ESCROWS:

• Park View Estates Subdivisin – Voucher #2 - $76,799.23

Payable to Prime Properties

A motion was made by N. Janyszeski, seconded by J. Litzenberger, to release the escrows to Prime Properties, Voucher #2 for $76,799.23. The motion carried 5-0-0.

NEW BUSINESS:

A. IRS Mileage Rate Increase – July 1, 2008 - $.585

A motion was made by J. Litzenberger, seconded by A. Santopietro, to increase the IRS mileage rate as of July 1, 2008 to $.585 per mile. The motion carried 5-0-0.

B. Hidden Valley Landfill – Correspondence S. Donovan

J. Yeager commented that he has been communicating with the County Solicitor office, but has not been able to set a meeting date to discuss Hidden Valley. He has spoken with the Assistant County Solicitor and impressed upon him that Nockamixon Township is very interested in moving forward with communications.

C. Riegelsville Kiwanis – Halloween Parade Donation Request

N. Janyszeski commented that, after reviewing records from the last several years, the amount that had been requested was $300.00. A motion was made by N. Janyszeski, seconded by J. Litzenberger, to donate $300.00 to the Riegelsville Kiwanis Halloween Parade. The motion carried 5-0-0.

D. Receipt of 2007 Audit Report

N. Janyszeski commented that several recommendations were discussed, including updating the Escrow Accounts, which will be addressed. A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the Audit Report of 2007. The motion carried 5-0-0.

E. Resolution # 8-19-2008 – CDBG Grant – EUB Senior Grant – It was noted that the person responsible for generating the information on this grant is the Treasurer. The last date for submitting the application is September 30, 2008. N. Janyszeski will assist in filling out the form. A. Eichlin commented that classes will be held at the Haycock Township Building on Thursday, August 18, 2008 at 2:00PM to discuss submission changes. A motion was made by N. Janyszeski, seconded by J. Litzenberger, to adopt Resolution #8-19-2008 to sponsor the Eastern Upper Bucks Senior Center CDBG Grant. The motion carried 5-0-0.

F. American Lung Association – PA Municipality Radon Practices Survey – The Board discussed filling out the form. A. Eichlin commented that this could be passed on to the Zoning Officer to complete.

-A motion was made by A. Santopietro, seconded by J. Litzenberger, to issue a check in the amount of $355.00 to E. M. Kutz for the cost of additional items to the International Truck. The motion carried 5-0-0.

SOLICITOR’S REPORT: The Solicitor, J. Yeager, discussed Arbor litigation and that briefs have been written in support of Oakmont and Salem Township and that another round of hearings is scheduled for Hanson Quarry on September 4, 2008 @ 7:00PM

-N. Janyszeski commented that checks for the bill list were not available at the meeting, but would be ready for signature on Thursday. - A meeting for the Delaware River Wild & Scenic Management will be held at the Bridgeton Township Municipal Building on September 22, 2008 at 7:00PM.

-A motion was made by H. Gawronski, seconded by J. Litzenberger, to grant an extension to the Christman Property until 12-31-2008. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 11:20PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary