Nockamixon Township Board of Supervisors Work Session Meeting – February 26, 2009
The work session meeting for Nockamixon Township Board of Supervisors was opened at 7:30 P.M. on Thursday, February 26, 2009 by Chairperson Nancy Janyszeski. In attendance were Vice Chairperson Bruce Keyser, Supervisors Henry Gawronski, Jim Litzenberger and Albert Santopietro. Also in attendance were Jordan Yeager, Township Solicitor; Keith DeLuca, Township Treasurer and Steve Sears, Township Resident
After the Pledge of Allegiance was led by Chairperson Janyszeski, she inquired if there was any old business before moving on.
The Treasurer opened discussion with the board in regards to amending the current budget. The Treasurer has made changes to the current budget in preparation for tonight’s meeting. He will make various cuts to decrease projected expenses. He also removed Open Space and Park & Recreation from the general budget and will create separate budgets for them.
Jordan Yeager gave the Board an overview based on Supreme Courts decision last week and Jordan Yeager’s oral arguments in Commonwealth Court on the Arbor matter. In regard to Hanson, the Zoning Hearing Board had 2 issues in front of them:
What was communicated by the Zoning Hearing Board when they voted to uphold the challenge was on the first element to say that they thought that the ordinances were enacted valid. Meaning they were properly advertised. That was a significant victory for the Township. On the second issue, that there had been a failure to record the ordinances and there was testimony the following enactments of 1968 and 1989 that they were not recorded in the Township official ordinance book. Our argument before the Zoning Hearing Board, as Hanson has admitted, the zoning ordinance was incorporated into the official book during the 2001 codification and it is our position that having the ordinance in that having the ordinance in that book during the codification process cures/fixes the earlier failure to record. On the one issue that they ruled against us, I feel very confident that it will be subject to a reversal on appeal because of the fix due to codification. It is true that codification does not fix an inadequate advertisement, but does fix a failure to record. To date we have not received a written decision from the Zoning Hearing Board.
The Board and Mr. Yeager go into executive session from 8:15 PM to 9:20 PM.
A motion is made by Supervisor Keyser and seconded by Supervisor Janyszeski to adjourn the meeting at 9:30 P.M. Motion carried 5-0-0.
Respectfully Submitted Keith R. DeLuca Treasurer |