MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS November 18, 2008 The regular scheduled meeting for November was held on November 18, 2008 in the Township building in Ferndale, PA. Chair, N. Janyszeski opened the meeting at 7:45PM with a salute to the flag. Other members present were Vice-Chair, J. Litzenberger and Supervisors B. Keyser and A. Santopietro. Supervisor H. Gawronski was absent. Solicitor, J. B. Yeager was in attendance. Township Engineer S. Baluh was not in attendance.
SCHEDULING: Chair N. Janyszeski reviewed the monthly schedule.
MINUTES OF MEETING: A motion was made by A. Santopietro, seconded by J. Litzenberger, to approve the October 21, 2008 minutes as presented.The motion carried 4-0-0.
A motion was made by A. Santopietro, seconded by B. Keyser, to approve the joint work session minutes of August 6 and October 1, 2008. The motion carried 4-0-0.
REQUEST TO BE ON AGENDA: A. Gallows Run Watershed Association – Update – T. Stone T. Stone commented that a members meeting will be held this Thursday at The American Grill at 7:00PM. The program includes presentations by various local organizations. He commented that the clean-up at Lynn Island, in early November, was a success.
PUBLIC COMMENT: -L. Arbor commented that with the New Year comes a new budget and requested that the Board update the Township Fee Schedule. He asked that the Township once again issue a newsletter to keep residents apprised of Township requirements. J. Litzenberger commented that the fee schedule will be addressed at the annual township reorganization in January. - G. Hissim, Deputy Fire Chief of Community Fire Co. (Riegelsville) brought the new tanker to the Township buildingfor display. Also in attendance was K. Bear, Fire Co. President, who has been a volunteer fireman for fifty years. Their goal for 2010 is to be debt free. He thanked the community for supporting their fund raisers.
REPORTS: A. ROAD DEPARTMENT – G. Housworth gave the report. He commented that the road crew has been cleaning up after the rain events of September. A quote for the Laurie Hill collection box in the amount of $1,024.08 was presented to the Board for approval. The runoff from the rains along SR611 north of Revere is still causing water problems to residents. PennDOT has been contacted and they are aware of the problem. He discussed diverting the runoff from Veteran’s Park across private property to a pipe along SR611 via a swale or underground pipe to a collection box. The Board voiced concerns when crossing private property for repairs. The Board will respond to PennDOT once a decision has been made. A motion was made by J. Litzenberger, seconded by A. Santopietro, to accept the October 2008 Road Report. The motion carried 4-0-0. A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve the bill at Modern for the collection box for $1,024.08. The motion carried 4-0-0.
B. Zoning Report – The zoning officer was not in attendance. The Board requested that the Zoning Officer follow up with the Reidler complaint and include the status of outstanding complaints in the zoning report. The Board requested that the Secretary send a letter advising of their requests.
C. Emergency Management – T. Macfarlan, EMA Coordinator, gave the report. St. Luke’s Church in Ferndale presented the EMA with a plaque for their service to the Community. T. Macfarlan requested that his Deputy Coordinator, E. Mocarsi, be given an additional entrance key to the building since he is unable to attend some meetings due to his erratic schedule. The Board was in agreement. T. Macfarlan commented that he has been a great asset and thanked E. Mocarsi for a job well done. No December meeting is scheduled. Their next meeting is January 14, 2009.
D. Environmental Advisory Council – J. Petersen, Chair, gave the report. He discussed Riparian Buffers and requested an educational seminar for township residents to provide environmental benefits of these buffers. The Board discussed advertising, a meeting site and special mailings to those who have buffers on their property. He discussed concerns with water usage surrounding the high school and that the EAC will assist with studies being conducted. S. Donovan commented that the BNTGWC would be willing to install loggers on the wells used by businesses. D. Keppel will discuss this issue with the School Board.
E. Open Space Committee – At 8:30PM Chair, N. Janyszeski commented that the Board will meet in an Executive Session to discuss real estate. Chair, N. Janyszeski commented that the Board met in an Executive Session from 8:30-8:45PM to discuss real estate A motion was made by J. Litzenberger, seconded by B. Keyser, to adopt Resolution # 11-18-2008 to support funding of the Natural Areas Program for Project #2. The motion carried 4-0-0. A motion was made by J. Litzenberger, seconded by B. Keyser, to adopt Resolution #11-18-2008A, Project #6, to support funding of the Natural Areas Program. The motion carried 4-0-0. J. Yeager, Solicitor, commented that the Board had previously acted on the use of Open Space funds for a purchase in the agreement of sale for the conservation easement that has been prepared for the N. Peter Kerl Property. Action is required by the Board to approve the agreement of sale and authorize the Chair to execute the agreement on behalf of the Township. A motion was made by A. Santopietro, seconded by B. Keyser, to authorize the sale of the Kerl property and have the Chair sign the paperwork. The motion carried 4-0-0. S. Tenney and the Board reviewed the Open Space Review. It now includes census information from 2000, an updated listing of protected lands and an update of Township owned property. The recommendations of the Planning Commission were to include the date that protected lands were added and that the Board of Supervisors move forward with the Open Space Plan. It was the consensus of the Board to move forward with the Open Space Plan upon final approval by the Township Engineer.
F. Park & Recreation Board – No report.
G. Nockamixon Historic Commission – No report.
I. Treasurer’s Report – K. DeLuca gave the Treasurer’s Report. A request was made for payment No. 2 from Armour & Sons Electric, Inc for work completed at the SR412/563 traffic signal in the amount of $84,485.70. A motion was made by J. Litzenberger, seconded by A. Santopietro, based on the Engineer’s letter of November 13, 2008, to pay Armour & Sons Electric, Inc. $84,485.70 for payment No. 2. The motion carried 4-0-0. A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve the bill list as presented. The motion carried 4-0-0. A motion was made by B. Keyser, seconded by A. Santopietro, to approve the Treasurer’s Report as presented. The motion carried 4-0-0.
SUBDIVISIONS: A. G. Jesiolowski – 2-Lot Sub – TMP# 30— 15-11-4 Grants Extension to January 30, 2009 P. Dietz, engineer for the plan, commented that there are several outstanding issues on the plan including but not limited to: the Operation & Maintenance Agreement (O&M), and the planning modules. The amount of time requested by the applicant is sufficient to complete these issues. No action required on this plan.
B. N. Peter Kerl – 2-Lot Subdivision TMP# 30-8-13 – Final P. Deitz, engineer for the plan, noted that all the conditions on this letter have been met. This plan requires an O&M Agreement due to the marginal soils. Sand mounds are proposed for this site. They are seeking conditional final approval in order to transfer Lot #1 out before the end of the year. J. Yeager commented that the Board, if they are so inclined, could grant the final plan approval conditional upon the satisfaction of the requirements set forth in the Wynn Associates November 13, 2008 review letter. Both S. Baluh and J. Yeager agree that the applicant may have a difficult time getting it completed by the end of the year. They still have to obtain approval from PADEP. A motion was made by J. Litzenberger, seconded by A. Santopietro, to grant final plan approval for the N. Peter Kerl 2-Lot Subdivision conditional upon the Wynn Associates letter of November 13, 2008. Under discussion, J. Yeager commented that under #3 of the review letter, when preliminary approval was granted, there was a decision made to narrow what was required in terms of Wetland Delineations. It would not be required for the entire parcel, only of the two building lots. The applicant has now requested a waiver for that delineation. P. Deitz commented that the waiver granted, is different than what was originally requested. No wetland delineation was requested for this property because all the wetlands that could or may exist on the property are within the conservation easement. The building envelope has been set, as shown on the plans. All wetlands are outside of where they could occur and would not be disturbed. The Board voiced their concerns about approving the plan without showing the wetland delineation. The motion carried 4-0-0.
C. Acceptance of Sokol Minor Subdivision TMP# 30-11-11 as Complete. J. Yeager commented that the Wynn Associates letter of November 4, 2008 confirms the driveway entrance construction in conjunction with the Sokol Minor Subdivision has been approved by PennDOT and all required improvements have been completed in accordance with the approved plan. The Township Engineer recommends that the project be accepted as complete. J. Yeager suggested that the Board could approve this with the understanding that it be conditioned on payment of outstanding engineer, legal and administrative costs incurred by the Township. Remaining escrow funds would be retained by the Township and refunded to the applicant once final billing is complete. B. Keyser entertained that as his motion, seconded by J. Litzenberger. The motion carried 4-0-0.
LAND DEVELOPMENT:
Planning Module, O&M Agreement, TMP# 30-11-30 B. Harrow Station LLC L/D Prysuski’s Planning Module, O&M Agreement, TMP# 30-11-30-3 J. Yeager commented that there are two agenda items relating to the Harrow Station LLC Land Development. One is the O&M agreement related to the Carwash/CVS Pharmacy, and the second is the same agreement as it relates to Pryzuski’s Restaurant. An O&M is in place for Harrow Station LLC, Pryzuski’s had preliminary approval to hook up to that treatment plant. The recommendation has been that the O&M agreement be modified ultimately to reflect the O&M obligations as it relates to the treatment plant that runs to the Pryzuski’s hook up as well. It was noted that there is an outstanding violation notice from PADEP and they will not grant approval unless the system is being operated properly and an agreement in place with the Township to follow up with the operations of the system. P. Deitz commented that there are two planning modules, one specifically for Pryzuski’s and one for the addition of the CVS/carwash. Due to varying issues, they were separated by DEP. J. Yeager commented that there were other issues: an O&M addendum as it related to the Pryzuski’s hook up to the Harrow Station sewage treatment plant and the O&M as it relates to the future CVS hook up to the sewage treatment plant which still needs final approval. He suggested that the Board address the O&M agreements first than move to the Planning Module discussion. Part of the Planning Module discussion as recommended by S. Baluh and J. Yeager is that it be addressed in the context of remedying the violation. J. Yeager commented that the O&M is already in place so the Board can approve an addendum for language to be approved by the Solicitor. A motion was made by J. Litzenberger, seconded by B. Keyser, to approve an addendum to the Harrow Station O&M agreement for the carwash/CVS and the Pryzuski Restaurant, pursuant to the Solicitor’s language. The motion carried 4-0-0. P. Dietz commented that in terms of the Planning Module, the Module for Pryzuski’s Restaurant is here and could be acted upon by the Board. Once the O&M agreement is executed it can be sent to DEP. The Planning Module for the CVS/Carwash has not been submitted to the Board. He is still awaiting information from G. Neebe in order to address the comments that were received from the Township, B.C. Health Department and B.C. Planning Commission. P. Dietz commented that a letter was written to the B.C. Health Department however, the Township was not copied on the response. The Solicitor and the Engineer recommended that the Township should receive written clarification from G. Neebe’s consultant advising of the corrective action taken to the violation. The Board tabled the Pryzuski Restaurant Planning Module until the December meeting, and receipt of a letter from the applicant.
N. Janyszeski noted that the Township has subdivision and land development extensions and requested comments. A motion was made by A. Santopietro, seconded by B. Keyser, to accept the extensions for the G. Jesiolowski 2-Lot Subdivision and the Nockamixon Crossing Shopping Center as presented. The motion carried 4-0-0.
OLD BUSINESS:
Resolution D. Keppel of Palisades High School was in attendance. J. Yeager commented that the School District had requested that the Township sign off on a resolution applying for the permit. He understands that the district has been the originator of the request and has indicated a willingness to bear the burden of installation and maintenance. D. Keppel was in agreement. The Township is seeking an agreement in place reflecting the School District’s agreement to be responsible for proper installation and maintenance and their willingness to enter into an agreement recognizing their obligations and responsibility. The Board may wish, if granting the resolution to do it conditioned on such an agreement being entered into with the School District assuming that responsibility. D. Keppel commented that the School Board is definitely supporting this venture and saw no problem with entering into a maintenance agreement with the Township. The Board once again raised their concerns with the installation of the flashing yellow light. J. Yeager commented that this is a State road, and can reasonably expect that PennDOt is not going to approve a safety device that PennDOT is not comfortable with. J. Yeager believes there is a risk of liability to all the entities involved, School District, Township and PennDOT based on its current condition. There is a risk of liability in doing nothing, and a risk of liability in doing something. The agreement proposed by J. Yeager was that the School District would assume responsibility for doing the work and the appropriateness of the work, the Township would be indemnified (protected from Liability) if the work was not done properly. J. Yeager will take direction from the Board as to what they would like covered by the agreement. D. Keppel commented that meetings had been held with their engineers and PennDOT to coordinate the installation of the signal and to install signage to advise traffic that the crossing is ahead. It was the consensus of the Board that there should be a traffic signal at the site rather than a flashing caution light. A motion was made by J. Litzenberger, seconded by A. Santopietro, to apply for the permit for installation and operating the flashing warning device on SR412 and that the submission of the application is conditioned on the School District agreeing to accept responsibility for the design, construction and maintenance of the project with language to be approved by the Solicitor. The motion carried 4-0-0. Copies of the resolution were given to the Secretary to be executed.
A motion was made by A. Santopietro, seconded by N. Janyszeski, to approve the Pennsylvania Highlands Resolution #11-18-2008B. The motion carried 4-0-0.
C. D & L Ordinance – The Board tabled until the December meeting.
D. Pension Modification – J. Yeager commented that information was requested, but not received, from PMRS for the proposed ordinance language and the agreement needed for the Board to adopt for pension modification.The Board tabled until the December meeting.
SOLICITOR’S REPORT: J. Yeager commented thatthere is a litigation matter for discussion with the Board in Executive Session. A notice was received today from DEP that action was taken on the County’s permit request for Hidden Valley. Arbor litigation – he explained that the appeal to Commonwealth Court will have a briefing on the schedule in the next two months; during the ZHB the Township raised a number of preliminary issues that should have precluded the Board from holding the hearing including, but not limited to, conflict with members who have signed gas leases, applicant failure to pay the required fees, failure to submit a complete application and failure to abide by the Township ordinances. These were rejected by the Board at the advice of the ZHB Solicitor. J. Yeager indicated that he believed the substantive challenge would continue for several months. Instead, the Board moved forward and set a briefing schedule on the legal issues. – Recycling issue – the Township has two ordinances in place addressing the proper procedure to participate as a recycler/hauler. A process is required to apply for same. - Public Records – the new state law will take affect on January 1, 2009. The Board needs to appoint a public records officer, and revise township policy on public records. He requested direction from the Board to authorize his office to prepare a revised resolution setting forth a public records policy consistent with the new law for the December meeting. It was the consensus of the Board to authorize the Solicitor to prepare a resolution to comply with the new Public Records law and they appointed the Township Secretary, Public Records Officer. At 10:15PM, Chair, N. Janyszeski, commented that the Board will meet in Executive Session to discuss litigation. Chair, N. Janyszeski commented that the Board met in Executive Session to discuss litigation from 10:15PM-10:30PM J. Yeager left the meeting at 10:30PM. The Board continued with New Business agenda items and the 2009 Budget.
NEW BUSINESS: A. 2009 Budget – Approve and Advertise for Public Inspection – Due to the number ofitems for discussion, the budget was moved to later in the meeting. The Board discussed the following items for revision: Line Item #400-50 – Open Space – add $150,000 Line Item #588 – change to $823 They discussed the opening cash balance, expected revenues and expenses as well as the ending cash balance for the 2009 Budget. The Board reviewed where cuts could be taken, if necessary. Three line items that had been inadvertently omitted from the budget for the Nockamixon Historical Society were added by the Treasurer. A motion was made by J. Litzenberger, seconded by B. Keyser, to approve the 2009 Budget at 11:10PM on November 18, 2008 as presented by the Treasurer. The motion carried 4-0-0. A motion was made by J. Litzenberger, seconded by B. Keyser, to advertise in the Daily Intelligencer the approved 2009 Budget. The motion carried 4-0-0.
B. Committee Vacancies 2009 – Advertise for Letters of Interest. A motion was made by J. Litzenberger, seconded by A. Santopietro, to advertise for letters of interest for all vacancies for 2009. The motion carried 4-0-0. It will be advertised in the Intelligencer.
C. Health Insurance Renewal – A motion was made by A. Santopietro, seconded by B. Keyser, to renew the Health Insurance Plan for 2009. The motion carried 4-0-0.
D. Quarry Permit Application – Representatives in attendance for the quarry were B. Mehani and C.A. Gahagan. J. Yeager commented that the quarry permit has been under review with representatives of the quarry and he asked B. Mehani if there were any issues he would like to address at this time. The recommendation from S. Baluh and J. Yeager is that the permit application be taken under advisement and addressed at the December meeting. J. Yeager noted that the Planning Commission recommended approval of the permit subject to agreement from Hanson Aggregates, BMC to install the turbidity meter at the final settling pond, installation of missing trees on the berm and provide quarterly well pumping data to the Township. B. Mehani commented that the quarry would provide the information as requested. He will meet with management shortly regarding the installation of the turbidity monitor. The Board tabled until the December meeting.
E. Fuel Storage – J. Yeager commented that a letter had been received from S. Baluh advising that the Township was in compliance.
F. Advent Security–Contact Update – A memo was typed to the Board requesting updated phone contact information to be forwarded to Advent Security. Information will be forwarded to the Secretary.
ADJOURNMENT: A motion was made by J. Litzenberger, seconded by A. Santopietro, to adjourn the Board of Supervisors meeting at 11:13PM. The motion carried 4-0-0.
Respectfully submitted,
Arlene E. Eichlin Recording Secretary |
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