MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS July 15, 2009 The regular scheduled meeting for July was held on July 17, 2009 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:30PM with a salute to the flag. Other members present were Vice-Chair B. Keyser and Supervisors H. Gawronski, J. Litzenberger and A. Santopietro. Also in attendance, J. B. Yeager, Township Solicitor
MOMENT OF SILENCE: In memory of Lance Arbor. H. Gawronski, N. Janyszeski and J. Yeager memorialized him.
SCHEDULING: Chair N. Janyszeski reviewed the schedule. MINUTES OF MEETING: A motion was made by H. Gawronski, seconded by N. Janyszeski, to approve the June 17, 2009 Board of Supervisors minutes as presented. The motion carried 5-0-0.
PUBLIC COMMENT: No public comment. J. Litzenberger commented that he would not be attending the August 19, 2009 Board meeting.
REPORTS: A. ROAD REPORT – G. Housworth was not in attendance. A. Santopietro commented that the Road Department anticipates September 7, 2009 as the start date to Tar & Chip the roadways. The contract for Tar & Chip has been reviewed by the Solicitor and will be signed this evening. The Board thanked B. Sadow for the use of the lift to remove the tree on Kintner Hill Road. A motion was made by A. Santopietro, seconded by H. Gawronski, to approve the June Road Report as presented. The motion carried 5-0-0.
B. Zoning Report –Fee Schedule Update – Resolution - D. Taylor, Zoning Officer, was in attendance. The Board requested additional review and tabled the Fee Schedule until the August meeting. D. Taylor met with L. Giarratanna (611 Auto Sales/Plant Stand) earlier this month to discuss options for the stand. As of this date no zoning applications have been submitted. The plant stand will be closing Monday, July 20, 2009. J. Fezzuglio and the Zoning officer met earlier this month to discuss issues at the oWoWCoW ice cream stand. No applications have been submitted to the Township; a follow-up letter will be sent Wednesday. A notice of violation was issued for the Gresh property regarding in-law accessory dwellings (trailers) on the property without proper permits. He asked if the Board wanted him to prosecute the notice of violation on Friday, July 17, 2009 or set a deadline of activity. A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve the Zoning Office moving forward with the prosecution if they (Gresh) have not responded by Friday, July 17, 2009 @ 12:00PM. The motion carried 3-2-0 with H. Gawronski and J. Litzenberger voting nay.
CONDITIONAL USE HEARING – 8:00 PM A. T-Mobile Northeast, LLC – TMP# 30-8-50 – Lyons, 2568 River Road – At 8:10PM the Solicitor, J. Yeager, opened the Conditional Use Hearing for TMP# 30-8-50, Lyons, 2568 River Road. A court reporter was also in attendance. Relief is requested for placement of the applicant’s antenna (nine) on an existing communications tower. A concrete pad will be built at the base of the tower, within the communications facility, to hold radio and electronic equipment. The hearing was opened last month and opened to party status (none requested). He discussed the continuance facilitated by failure of the newspaper to place one of the legal notices in the time required. Once again, no one requested party status. J. Yeager submitted exhibits T-1 thru T-8 for the record. W. Benner , attorney for the applicant, proceeded with the applicant’s request for conditional use at the above site. He submitted exhibits A-1 thru A-7 for the record. He introduced the following as possible witnesses for the applicant: C. Milotich, Site Acquisition Specialist, Network Building & Consulting LLC; E. Ritter, Engineer from CMX; and Bassem Iskander, Sr. RF Engineer, T-Mobile. After being sworn in, C. Milotich gave brief testimony regarding the additions to the tower. The Board had questions including, but not limited to, the tower structure, the size of the concrete pad, the electronic equipment to be installed on same, the height of the tower and placement of the antennae. W. Benner then commented if the Board is of a mind to grant conditional use approval, T-Mobile would be happy to receive a simple order, or certification, of the decision in-lieu-of a formal adjudication findings of fact, conclusions of law. J. Yeager closed the hearing at 8:30PM.
B. T-Mobile Northeast, LLC – TMP# 30-8-103 – Fleck, 9209 Easton Road – At 8:33PM the Solicitor, J. Yeager, opened the Conditional Use Hearing for TMP# 30-8-103. No one requested party status. The applicant was asked if he would agree to incorporate, by reference, what was placed on the record of the previous hearing in terms of relief requested and submission of Township exhibits (T-1 thru T-8) as they are parallel from the prior application. The applicant agreed. W. Benner proceeded with the applicant’s request, submitted exhibits A-1 thru A-7 for the record. The Board questioned the applicant regarding the height of the antennae, attachment of same. This tower has some structural issues which will be addressed/corrected by the applicant prior to installation of the antennae and submitted to the Township for their records. Once again the applicant waived his rights and requested a simple order or certification of the decision in-lieu-of a formal adjudication findings of fact, conclusions of law. J. Yeager closed the hearing at 8:55PM. The Solicitor, J. Yeager commented that the Board could grant the application conditioned on the applicant complying, and abiding by, what was represented based on the testimony, the materials that were presented and the application. They will comply with Township and other regulations for T-Mobile Northeast, LLC – TMP# 30-8-50, for the Lyons property, 2568 River Road. The Township will prepare a certification letter. J. Litzenberger entertained that as his motion, seconded by H. Gawronski. The applicant agreed to those conditions. The motion carried 5-0-0.
The Solicitor commented regarding the Conditional Use Application of T-Mobile Northeast, LLC – TMP# 30-8-103 for the Fleck property, 9209 Easton Road that the Board could consider a motion to grant the application conditioned on the following: that the applicant proceed and abide by the representations made in the application and the materials submitted before the Board at this Conditional Use Hearing both in testimony and exhibits; that the applicant abide by Township ordinances and other related laws; two additional conditions 1) building permit plans must include sufficient upgrades to the tower structure to insure that the tower structure is sound and 2) that the tower be subject to re-inspection by a licensed engineer, at the applicants expense, who shall certify that the upgrades have been satisfactorily completed. The applicant agreed to the conditions with this clarification for #1 – that the building permit plan illustrate re-enforcements as recommended in the structural report. J. Litzenberger entertained that as his motion, seconded by H. Gawronski. The motion carried 5-0-0. There was no public comment. The Board authorized the Solicitor to send out certification letters to the applicant.
C. Emergency Management – No one in attendance – No July Meeting.
D. Environmental Advisory Committee – J. Petersen, Chairman, gave the report which included review of the D. Gross subdivision plans, a riparian buffer exhibit for Community Day and their support of groundwater monitoring in the area surrounding Palisades High School. E. Open Space 1. Public Hearing – Conservation Easement Property #2 2. Executive Session – Discuss Real Estate. At 9:01PM Chair, N. Janyszeski commented that the Board would meet in Executive Session to discuss Real Estate. At 9:33PM Chair N. Janyszeski commented that the Board met in Executive Session to discuss Real Estate. PUBLIC HEARING – Conservation Easement Property #2 The Solicitor, J. Yeager, opened the Public Hearing at 9:34PM to discuss the acquisition of real property through the purchase of a Conservation Easement the land of Vincent W. Fleck, 9211 Easton Road, TMP# 30-8-103 and 30-8-35. Public notice has been posted at the Township Building and a proof of publication received from the Intelligencer. The hearing was opened to S. Tenney, Open Space Committee Co-Chair, for presentation to the Board. The Committee is recommending that the Board approve an Open Space Application of up to $178,025.00 based upon $3560.00 per acre, plus closing costs, a maximum of $6,000.00 for a total of approximately $183,000.00. It includes two parcels of land of approximately 60+/- acres; with an easement of approximately 50+/- acres. The parcels are divided by SR611 one is located in the area of the Gallows Run Stream, which will be designated for public access. J. Yeager closed the public hearing at 8:47PM. He commented that there are several documents for the Board to consider including a draft Agreement of Sale which includes conditions and provisions of the easement. If the Board is so inclined they can authorize signature by the Chair on behalf of the Township. The owner would then sign and have the area surveyed for the amount of acreage, in order to confirm the exact purchase price and other details. The agreement is contingent on Township review and approval of the survey. A motion was made by J. Litzenberger, seconded by B. Keyser, to authorize the Chair to sign the Agreement of Sale for the Vincent W. Fleck Conservation Easement TMP# 30-8-103 and 30-8-35. J. Yeager requested that the motion be amended to be consistent with the presentation of the Open Space Committee which laid out the purchase price and other terms. J. Litzenberger amended the motion, seconded by H. Gawronski, to include the purchase price of $178,025.00, based on $3,560.00 per acre, plus closing costs of up to $6,000.00. The motion carried 5-0-0.
J. Yeager commented that, by a motion for the Resolution, the Township approves the disbursement of up to $375,000.00 for the purchase of the Conservation Easement which incorporates the money received from Bucks County. The Township approves the disbursement of sufficient funds up to $5,000.00 to pay its share of the settlement costs to purchase the Conservation Easement. The Chair of the Board or her designee is authorized, on behalf of the Board, to attend settlement and execute the documents necessary to complete the settlement. The Conservation Easement would be signed at that time. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve Resolution #7-15-2009 of the Board of Supervisors of Nockamixon Township authorizing the acquisition of a Conservation Easement and execution of all documents for such easement on the lands of Vincent W. Fleck and authorizes the Chair of the Board of Supervisors, or her designee, to sign the Conservation Easement and execution of all documents and permission for the Treasurer to issue the checks. The motion carried 5-0-0. -Co-Chair N. Alessi gave the Open Space report – Invitations have been sent out for the July 28, 2009 U.B. Open Space Fest. The Board was cordially invited to attend. They are awaiting a response from the County Open Space Review Board for Project #8 – for the Natural Areas Program Application.
F. Recreation Board – Member, E. Gawronski gave the report. Fran Ruppert from DCNR attended the meeting. The DCNR does not know how much funding will be available next year and he recommended getting involved in the County’s Greenway Plan and review the State’s Recreation Plan. G. Nockamixon Historic Commission – T. Fritz commented that no meeting was held.
H. Community Day – J. Litzenberger gave the report. Total donations $3,550.00 plus vendor spaces $480.00 a total of $4,030.00 received. Voodoo DeVille Band will be providing entertainment as well as Fiddlekicks. The next meeting will be held on Monday, August 3, 2009. Contracts were available for signature by the Board.
H. Treasurer’s Report – K. DeLuca gave the Report. - He spoke with Art Feltes, Bucks county Recycling Coordinator, in response to the letter we received from the County in regard to recycling programs. The county would like to see us form multi-township groups to share (and possibly buy) vehicles and services. - Tom Wargo from Affordable Computer Repair installed two new computers in the township office. He also installed one of the old computers on George’s desk. Total cost, $1,938.00, we had $2,000.00 budgeted for this. He recommended that we move the server and add a patch panel into the closet. He will provide a quote. The Board agreed to obtaining a quote for the installation of a patch panel and moving the server into the closet. - We have outdated computers, hardware and software in the Township Building. Can we dispose of them? He asked that a Board member come into the office and review the outdated software. - At our June Work Session we agreed that we would cancel the July & August Work Sessions and resume in September. - General Code has received the updated ordinances and is in the process of preparing a quote for us. - Tonight we have checks on the bill list representing Nockamixon Township’s semi-annual donation to our local Fire Companies and UBREMS. Do we want to revisit the breakdown of the donation that we give each Fire Company? N. Janyszeski commented that she would like the Township to give a 1% donation to Delaware Valley Fire Company from the total amount of annual donations that is earmarked for all the fire companies. A motion was made by N. Janyszeski, seconded by B. Keyser, to give Delaware Valley Fire Company 1% of the total (annual donations) given to the fire companies. The motion carried 5-0-0. At the September Work Session the Board will discuss the allocation agreement that the fire companies have currently. It will include discussion of a possible .5% EMS Tax for ambulance services and a possible 1% Tax for fire companies. The secretary was directed to send out a letter to the fire companies and UBREMS inviting them to the September Work Session for an exploratory discussion. - He will be out of the office from July 20 to July 24 th. - Bills being presented tonight: General Fund, $69,093.02; Escrow Fund, $5,313.44; Community Day Fund, $462.98; Open Space, $348.86. - Transfers requested: $75.00 from Developers Escrow Fund to General Fund; $481.44 from Open Space Fund to General Fund; $215.49 from Beres Construction Fund to Developers Escrow Fund; $3,500.42 from Road Improvements/Brownstone Fund to General Fund; $12,000.00 from Money Market to General Fund. It was recommended that a letter confirming the payment for the improvements to Brownstone Road be requested from S. Baluh. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the Treasurer’s Report as presented. The motion carried 5-0-0.
SUBDIVISIONS:
Grants an extension to 9-30-2009 The Board acknowledged receipt of the extension
OLD BUSINESS: A. Township Map – N. Janyszeski commented that thirty (30) businesses would be needed to advertise in order to move forward with the printing of a Township map. The cost to advertise would be $250.00. Information will be on the website.
NEW BUSINESS: A. Sky Pirates RC Club – Model Airplanes on Revere Superfund Site – D. Weldin was in attendance. The Secretary had phoned today and left a voicemail with D. Weldin that the Board would not be addressing their request at tonight’s meeting. Chair, N. Janyszeski commented that the Township does not have the ability to approve any activities on the Revere Superfund Site. There are several issues to be addressed including, but not limited to: mowing around the cap area, number of days during the week they plan to be on site, and contacting the Revere Steering Committee for their input.
B. Appointment to Zoning Hearing Board – Replace Lance Arbor – H. Gawronski requested that L. Traven, due to the experience he has with the Zoning Hearing Board as an alternate over the past several years, be appointed to the Zoning Hearing Board. A motion was made by N. Janyszeski, seconded by A. Santopietro, to fill the vacancy left by L. Arbor with M. Reymann. Term expires on December 31, 2010. The motion carried 3-1-1 with H. Gawronski voting nay and J. Litzenberger abstaining. The Board directed the Secretary to type a notice for posting on the website and at the Township Building. All Letters of Interest need to be received in the Office by Wednesday, August 12, 2009 @ 3:00PM. Correspondence will be sent to M. Reymann advising of her appointment.
C. Milford – UBE Bridge Closing – Chair N. Janyszeski noted that reconstruction of the Milford Bridge would begin January 2010. Public meetings will be scheduled in the near future and information can be obtained at their website: www.drjtbc.org
D. HB1500-Proposed Charge for Pennsylvania State Police (PSP) Protection – H. Gawronski, commented that a copy of proposed-HB1500 to charge for PSP Protection had been received by the Township. The Township would be charged, based on a population of 3,517, as follows: First Year $52/Person-$182,884.00; Second Year $104/Person-$365,768.00; Third and subsequent years $156/Person-$548,652.00. The bill is in committee. The Chair recommended sending letters to State Legislators.
SOLICITOR’S REPORT: At 10:50PM the Chair, N. Janyszeski commented that the Board would meet in Executive Session to discuss possible litigation. At 11:15PM and Chair, N. Janyszeski commented that the Board met in Executive Session to discuss possible litigation.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to adjourn the Board of Supervisors Meeting at 11:15 PM. The motion carried 5-0-0.
Respectfully submitted,
Arlene E. Eichlin Recording Secretary |