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YOU NEED A PERMIT IN NOCKAMIXON

MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

September 16, 2008

The regular scheduled meeting for September was held on September 16, 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.

SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule.

MINUTES OF MEETING:

A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the August 19, 2008 minutes as presented.The motion carried 5-0-0

REQUEST TO BE ON AGENDA:

• Heritage Conservancy – Proposed D&L Drive Scenic Highway

K. Williamson of the Heritage Conservancy and Elissa Thorne, Vice-President, D&L Corridor Heritage Programs, attended the meeting. K. Williams commented that the proposed Scenic Highway would encompass counties along the Delaware and Lehigh Rivers from Luzerne to Bucks County. A scenic by-way is a public road that is intended to be driven by ordinary vehicles. It must have one of six intrinsic characteristics: scenic qualities, archeological features, natural, historic or cultural resources, or recreational opportunities. It would allow the communities to protect or conserve the resources that make that roadway special. There is Federal Funding available for these roadways to market the points of interest. Specific steps needed to pursue a scenic by-way designation consists of the following: Pass a Resolution of Support; submit the application to PennDOT (Corridor Commission on behalf of the community); enter into a Memorandum of Understanding with PennDOT authorizing the Corridor Commission to serve in that capacity and the willingness of the Township to participate in the Corridor Management Plan; Federal Requirement – no new off-premise advertising would be permitted e.g. billboards. All existing signs would be grandfathered. New on-premises signs are permitted relating to the property. An explanation is included with the packet. It was noted that, once the plan is in place, funding is available above and beyond typical transportation funding for landscape preservation and road improvements. They requested that the Board consider the proposal by a resolution. An application should be completed prior to year end. The Board requested that this be placed on the October Agenda.

PUBLIC COMMENT:

-S. Bliznick, Lonely Cottage Drive, requested permission from the Board to collect aluminum cans and copper that may be in the monthly recycling bins. The Board commented that they were not able to respond at this time and directed the Solicitor to review all pertinent documents. A motion was made by J. Litzenberger, seconded by H. Gawronski, to allow S. Bliznick to take metals from the recycling bin contingent upon a favorable response from the Solicitor. Under discussion, the question was raised as to the ownership of the items once they have been put into the recycling containers. J. Yeager commented that he will review documents pertaining to recycling for the next meeting. The motion died 2-3-0 with N. Janyszeski, B. Keyser and A. Santopietro voting nay.

REPORTS:

A. ROAD DEPARTMENT – G. Housworth, Roadmaster, commented that the tar and chipping of the roads was completed. He discussed the new truck and installation of a communication radio. It was decided to install an existing radio from another truck. G. Housworth had inquired as to the cost of a tire for the new truck: Goodyear - $635.00; Delenta - $308.00. A motion was made by J. Litzenberger, seconded by H. Gawronski, to purchase a tire for the new truck at a cost not to exceed $400.00. The motion carried 5-0-0.

A motion was made by H. Gawronski, seconded by A. Santopietro, to purchase a set of chains and to transfer the communication radio to the new truck at a cost not to exceed $1,000.00. The motion carried 5-0-0.

A motion was made by A. Santopietro, seconded by H. Gawronski, to accept the August 2008 Road Report as presented. The motion carried 5-0-0.

S. Tenney wanted to know who is responsible for removing dead trees. It was noted that it is the owner’s responsibility if the tree is on their property.

Zoning Report – The zoning officer was not in attendance. The Board reviewed the September zoning report. J. Litzenberger requested a copy of permits that are issued monthly. It was noted that there is a book in the Township that contains all permits and is available for review by the Board members.

C. Emergency Management – E. Mocarsi gave the report. They are currently updating their Emergency Operation Plan booklet. He researched the existing phone lines in the building. The Board requested that the number of lines remain the same. He requested an update from PennDOT regarding the receipt of bids for the bridge located on Church Hill Road. No bids have been received at this time. B. Keyser requested an update from S. Baluh, for the repair of the raceway on the Gallows Run Creek. There has been no response from PennDOT.

D. Environmental Advisory Committee – J. Petersen, chair, gave the report. He discussed the Hidden Valley dump area and safety hazards that were found in their tour. H. Gawronski commented that Bucks County should be contacted prior to doing any inspections. J. Yeager commented that the Township is pursuing a meeting with Bucks County to discuss these concerns. Other items under discussion; the annual quarry inspection and the EAC response to the Sal Lapio subdivision.

E. Open Space Committee – S. Tenney, co-chair, gave the report. She commented that Open Space is requesting an Executive Session with the Board. It was noted by N. Janyszeski that they would be held on an ‘as needed’ basis not a standing order and that this request needs to come through the office.

Chair N. Janyszeski adjourned the meeting to hold an Executive Session at 8:52PM to discuss real estate.

Chair N. Janyszeski commented that the Board met in Executive Session from 8:52PM – 9:12PM to discuss real estate.

Open Space requested an Executive Session for the October meeting.

A tour of the 92-acre Moss/Chapman property will follow a lecture on Saturday October 11, 2008 from 10AM-12PM. They requested the use of Township chairs for the event and funding of $250.00 for the printing of posters and mailing of 180 invitations. A motion was made by H. Gawronski, seconded by J. Litzenberger, to expend up to $250.00 for the mailing of invitations and printing of posters. The motion carried 5-0-0. They requested a date to discuss the line of credit for open space. It will be included during the regular scheduled Open Space meeting of Monday, October 27, 2008. Once the update of the Open Space Plan has been completed, the Board requested that it be sent to the Planning Commission for review.

F. Park & Recreation Board – Chairman, T. Keebler gave the report. He commented that F. Rubert, DCNR Recreation and Park Advisor is scheduled to attend the October 28, 2008 meeting to discuss the Master Site Plan Guidelines and funding. He extended an invitation to the Board to attend.

G. Community Day – Chairman, C. Hall, gave the report. Due to numerous changes late last week, no report was available. He is seeking volunteers to assist in setting up the field.

H. Nockamixon Historic Commission – H. Nast gave the report to the Board. M. Shafer is working with the Township to install the donated computer. N. Janyszeski commented that an application was received from T. Schweder. A motion was made by N. Janyszeski, seconded by A. Santopietro, to appoint T. Schweder as a member of the Nockamixon Historic Commission. The motion carried 5-0-0. H. Nast presented letterhead, donation information and donation receipt forms to the Board for approval. Since there are seven members of the Commission, she requested Board consideration to purchase several digital recorders. They are looking for volunteers to assist in a school house survey of the Township. J. Litzenberger commented that when someone donates Historical items to the Township he wants to be sure that it is valued correctly and will be covered by Township insurance.

I. Treasurer’s Report – B. Cook gave a report to the Board.

The Accounts Payable for Sept 16, 2008 is $110211.91 which includes $59,612.50 of donations which need the approval of the Board of Supervisors. One correction: Check #9633 – C. Robert Wynn – explanation should read General Engineering advice.

$43,520.95 operating expenses. Donation $59,612.50; community day $7,078.46

A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the operating expenses as listed, $43,520.95. The motion carried 5-0-0.

A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the Community Day expenses in the amount of $7,078.46. N. Janyszeski commented that there is a bill for $1,390.00 for generators that was not discussed by the Board. The Chair was not aware that five generators were purchased for $1,390. A. Santopietro commented that he had agreed to purchase them and had suggested that they be brought up at the last meeting. Both he and Henry had forgotten to address this issue and suggested that the next time this occurs that it be brought before the Board for review. C. Hall commented that his committee had not approved of the purchase. The motion carried 4-1-0 with N. Janyszeski voting nay. N. Janyszeski commented that the donation list is comprised of the following 2008 budgeted items: Ottsville Volunteer Fire Co $12,500.00 (50% of 2008 Budget); Riegelsville Volunteer Fire Co. (Community Fire Co): $6,312.50 (50% of 2008 Budget); E.U. Bucks Senior Center $2,000.00 (50% of 2008 budget); UBREMS $38,000.00 (100% of 2008 Budget). Unbudgeted donation approved in November 2007: Palisades School District $800.00. H. Gawronski was not comfortable donating the money for this class trip. It was noted that other townships may not contribute to the school trips. A motion was made by B. Keyser, seconded by A. Santopietro, to approve the donations as presented in the amount of $59,612.50. Under discussion, H. Gawronski commented that donations to all Emergency Services should be done in 50% increments twice a year. J. Litzenberger discussed UBREMS and their 2008 budget. The motion carried 5-0-0. UBREMS will be holding a Halloween Open House on Friday, October 31, 2008 from 4:00-9:00PM

A motion was made by J. Litzenberger, seconded by A. Santopietro, to transfer $100,000.00 from the High Yield Money Market Account to the General Fund Checking . H. Gawronski commented that the Board should consider putting money into the savings account. N. Janyszeski commented that she will not be putting in mileage expenses for the rest of her term as Supervisor. J. Litzenberger also noted that he will not be submitting mileage expenses. The motion carried 5-0-0.

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

The Board discussed scheduling 2009 Budget Work Sessions. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to advertise Monday, October 20 and 27, 2008 at 4:00PM for 2009 Budget Work Sessions. The motion carried 5-0-0.

SUBDIVISIONS:

A. Sal Lapio Homes ( Harrow Manor)-Final

E. Pellegrino, Engineer, and the applicant, Steve Lampmann, for Sal Lapio Homes, were in attendance. S. Baluh commented that Final plans have been submitted to the township. The property is located on SR611 across from Foellner Lane. This plan was given preliminary approval by the Planning Commission in 2006 and they recommended final approval at the March 4, 2008 meeting. Outside agency approval was pending. The Board, S. Baluh and E. Pellegrino reviewed the Wynn Associates letter of September 9, 2008. E. Pellegrino gave an overview of the subdivision. Applicant will install improvements prior to final approval of the plan. He commented that the applicant ‘will comply’ with all points in the Wynn letter. J. Yeager commented that the applicant would install improvements prior to final plan approval, if the Board is in agreement, rather than posting security. These improvements must meet Township requirements and no homes can be constructed prior to recording of the plan. S. Baluh commented that he did not have a problem with that, however two provisions would be required 1) sufficient escrow maintained in the current account to cover needed inspections to verify that construction work is done according to the plan and 2) the Township require an 18-month maintenance period and a percentage of the normal escrow that is maintained to insure the integrity of the improvements. S. Lampmann agreed to those conditions. J. Yeager commented that if the Board is inclined to grant final approval then it would be appropriate to entertain a motion to grant the final approval conditioned on compliance with the items outlined in the Wynn Associates review letter of September 9, 2008 and conditioned, at the developers request, on completion of the improvements and execution of appropriate documents to the satisfaction of the Township. It would include an 18-month escrowagreement for maintenance and include an escrow agreement for the Township Engineer’s inspection of the improvements during the process; terms to be worked out between the applicant and the Township. The Final documents would not be recorded, and there would be no final approval until the improvements are done to the satisfaction of the Township. The applicant has agreed to the recommendation of the EAC that Princeton-Hydro have an opportunity to review and have input on the Operation and Maintenance agreement. S. Lampmann suggested the phrase ‘substantial completion’ because the desire would be to have the base course of the road down and post the appropriate escrows for the final wearing surface so that during home construction the wearing surface is not damaged. Anything that is not completed would have the appropriate escrow posted. S. Baluh was in agreement. J. Yeager commented to include an escrow agreement with the amount to be adjusted for the final completion, whatever is above the ‘substantial completion’. A. Santopietro entertained that as his motion, seconded by B. Keyser. The motion carried 5-0-0.

• Sal Lapio Homes ( Harrow Manor)-grants extension to 12-31-2008

Per S. Baluh this extension isno longer needed.

• D. Gross-Byers Road Sub-grants extension to 12/31/2008
• Hoffman Sub-grants extension to 1/30/2009
• A.M. Morton, Lonely Cottage Road Sub-grants extension to 1/3/2009

A motion was made by A. Santopietro, seconded by B. Keyser, to accept the extensions from D. Gross/Byers Road Subdivision to 12/31/2008, Hoffman Subdivision to 1/30/2009 and A.M. Morton, Lonely Cottage Road Subdivision to 1/3/2009. The motion carried 5-0-0.

LAND DEVELOPMENT:

• Wehrung’s Phase II L/D-grants extension to 12/31/2008
• Harrow Station LLC, Senior Housing L/D-grants extension to 12/31/2008
• DiPalantino L/D-grants extension to 1/3/2009

A motion was made by A. Santopietro, seconded by H. Gawronski, to grant extensions to Wehrung’s Phase II L/D to 12/31/2008, Harrow Station LLC, Senior Housing L/D to 12/31/2008 and DiPalantino L/D to 1/3/2009. The motion carried 5-0-0.

OLD BUSINESS:

A. Award bids for Kintner Ridge Completion – S. Baluh commented that last month the Board discussed the bids that were received for this project and that due to the elevated cost of materials came in higher than anticipated. He investigated the pricing index, which did decrease to an extent. The Township did not have enough funds in the Kintner Ridge account to pay for the project. He suggested that the Board reject the bids and do two things 1) re-bid in the spring and 2) split out a few of the items on the contract e.g. the basin. The Township may be able to get a better price if it is bid separately. A motion was made by N. Janyszeski, seconded by A. Santopietro, to reject the bids from Blooming Glen Contractors for $106,175.00 and Nimaris Construction, Inc for $136,881.50.

The motion carried 5-0-0.

NEW BUSINESS:

A. Set Quarry Inspection Date – S. Baluh commented that documentation, normal paperwork that is submitted, has been received from Hanson Aggregates, BMC. A representative of the quarry, B. Mehani, was in attendance to set a date for the annual inspection. It was scheduled for Saturday, October 4, 2008 at 9:00AM. Attendees: Members of the Planning Commission, Park & Rec, EAC and BNTJGWC. Contact the office with names of participants.

B. Palisades High School – Pedestrian Light SR412 – S. Baluh contacted the school and they requested that a review be postponed until the October Board meeting.

C. Bucks County Influenza Drill – Volunteers Needed – October 18, 2008 -

N. Janyszeski commented that Bucks County will be conducting a pandemic flu exercise consisting of five immunization sites. Anyone interested in participating please fill out a form.

D. Joint PC Work Session – Tuesday, September 30, 2008@7:30PM – permission to advertise. S. Baluh will present a revised draft of the sewage maintenance ordinance and copies of a map showing the registered holding tanks and spray systems in the Township. Dr. Stanfield will discuss well data results from around the High School. A motion was made by N. Janyszeski, seconded by A. Santopietro, to advertise for the Joint Planning Commission Work Session on Tuesday, September 30, 2008@7:30 PM at the Township Building. The motion carried 5-0-0.

E. Nockamixon Historic Commission–Letters of Interest-Advertise – A member was appointed earlier in the meeting.

F. Designation of Halloween Hours –

A motion was made by N. Janyszeski, seconded by B. Keyser, to designate Township Halloween hours as Friday, October 31, 2008 from 5:00PM to 8:00PM.

The motion carried 5-0-0

SOLICITOR’S REPORT: The Solicitor, J. Yeager, commented that the Zoning Hearing Board appeal for Gross/Byers Road is still on hold. There were previous objections filed by the Township to the Arbor litigation. A brief was filed in support of those objections. Arbor has now filed a brief and there will be an oral argument before Judge Waite next week. The Supreme Court heard argument on the big picture issue whether local zoning ordinances are pre-empted, and to what extent, by the State Oil & Gas Act which was heard in Pittsburgh. An effort was made to attend by the Solicitor, at no charge to the Township. Unfortunately, his plane sat on the runway in Philadelphia for two hours.

Hanson procedural challenge: there have been a number of hearings and they have been successful in obtaining a number of documents subpoenaed from Hanson and previous entities. Documents have been located for advertising the 1968 zoning ordinances. It is largely now about the content of those advertisements.

The next hearing date is October 16, 2008 and there is an opportunity for the Township to call witnesses and for members of the public to testify, especially residents who may have attended the hearing.

- BCATO October Dinner – Those who plan to attend are: N. Janyszeski, H. Gawronski, B. Keyser, A. Eichlin and J.B. Yeager. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve up to $250.00 for the following attendees to the BCATO Annual Dinner: N. Janyszeski, H. Gawronski, B. Keyser, A. Eichlin and J.B. Yeager on October 30, 2008. The motion carried 5-0-0.

-2008 MMO Approval –

A motion was made by J. Litzenberger, seconded by H. Gawronski, to accept the 2008 Minimum Municipal Obligation (MMO) for the non-uniformed pension plan $9,425.00 and for the Police Pension $0. The motion carried 5-0-0.

-A. Santopietro commented that since there have been problems with the containers at Hidden Valley, perhaps there should be signs installed noting the owners of the containers and the consequences of vandalism. H. Gawronski requested motion sensor lighting. He will check to see if there is electricity at the site. This will be discussed at a later meeting. A motion was made by J. Litzenberger, seconded by A. Santopietro, to purchase four signs to be placed on the containers at Hidden Valley. The motion carried 5-0-0.

-K. Guhl is leaving the Delaware Valley Newspaper.

-TMA Newsletter – speed trailer. N. Janyszeski commented that the speed trailer is available to Townships at no cost. The Board discussed placement of the trailer. It was the consensus of the Board to reserve the speed trailer for the Township.

A motion was made by H. Gawronski, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 10:58PM. The motion carried 5-0-0.

Respectfully submitted,

Arlene E. Eichlin

Recording Secretary