MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS October 21, 2009 The regular scheduled meeting for October was held on October 21, 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. Solicitor, J.B. Yeager arrived at 8:30PM.
SCHEDULING: Chair N. Janyszeski reviewed the schedule. She noted that UBREMS, Revere Station and Springfield Station, will be hosting Halloween Hours from 4:00-8:00PM on Saturday, October 31, 2009. Corrections: Wednesday, November 18, 2009 Board of Supervisors meeting will be held at 7:30 PM. MINUTES OF MEETING: A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the September 16, 2009 Board of Supervisors minutes as presented. The motion carried 5-0-0.
PUBLIC COMMENT: -T. Stone, GRWA, commented that clean-up scheduled for Saturday, October 24, 2009 on Lynn Island has been postponed due to the weather. – “Arts for Conservation” Benefit will be held on November 22, 2009 at the Ferndale Inn. – “Guide to Water Testing” has been included in the current GRWA newsletter. -D. Kimenhour thanked the Board of Supervisors for the installation of the walking trail at Veteran’s Park.
REQUEST TO BE ON AGENDA: A. Sgt. Vincent K. D’Angelo – New PSP Commander, Dublin – The new Commander of Dublin PSP Barracks Sgt. D’Angelo introduced himself to the Board and Township residents.
B. Kim Gaspar – Eastern Upper Bucks Senior Center (EUBSC) – K. Gaspar, Manager of the Center, introduced herself to the Board and commented on the existing as well as new activities that are scheduled at the EUBSC.
REPORTS: A. ROAD REPORT – G. Housworth was in attendance and gave the report. It included: clean-up after the flash flood, crack sealing of roadways, re-installing the road signs at Kintner Hill and Lonely Cottage Roads, set-up and removal of various items for Community Day. H. Gawronski thanked the road crew for their help with Community Day. A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve the September 2009 Road Report as presented. The motion carried 5-0-0.
B. Zoning Report - The Zoning Officer, D. Taylor, was not in attendance. A motion was made by A. Santopietro, seconded by B. Keyser to accept the Zoning Report as presented. The motion carried 5-0-0.
C. Emergency Management – No one in attendance.No Report.
D. Environmental Advisory Committee – S. Donovan, Co-Chair, commented that no meeting was held due to a lack of quorum. -S. Donovan, member of the BNT GWC, gave a short report regarding ground water issues. He requested a Work Session with the Board of Supervisors and Planning Commission to discuss further. The Board tentatively scheduled for the February 2010 work Session.
E. Open Space – Co-Chair, S. Tenney, gave the report. An Executive Session was held at the end of the meeting. She requested a letter of support for Heritage Foundation’s grant application to the William Penn Foundation before the November Board meeting. A motion was made by J. Litzenberger, seconded by H. Gawronski, to send a letter of support from the Township for the Heritage Conservancy’s application for a Penn Foundation Grant. The motion carried 5-0-0. A draft of the letter was given to the Secretary to hold until the deadline for sending has been established.
F. Recreation Board – Chair, T. Keebler, gave the report. He commented that next Friday, G. Neebe would like permission to blacktop the parking lot at Veterans’ Park, at no cost to the Township. It was noted that CVS Pharmacy as well as E. Litzenberger will be contributing time and material. The Board thanked G. Neebe as well as CVS and E. Litzenberger for their contributions. They requested that a thank you letter be sent to all parties. – It was the consensus of the Park & Rec Board that, instead of plantings on the berm of Veteran’s Park that, with Board permission, a privacy fence be installed as a buffer. The Board requested proposals for the fencing in order to make an informed decision.
G. Community Day – J. Litzenberger gave the report. Total donations received: $7,725.00; expenses: $7,018.03. Income exceeded expenses by $706.97. E. Gawronski commented that the weather for the event was perfect, attendance exceeded 2,200. She thanked all the volunteers who assisted during that day. H. Nockamixon Historic Commission – T. Fritz, member, had no report. He commented that the Historic Commission held their monthly meeting.
-At the request of the Bucks County Dept. of Community & Business Development Project Administrator’s office he attended a site visit on the Eastern Upper Bucks Senior Center on October 21 st. -He attended the PSATS QuickBooks workshops on October 7 & 8 in Mahanoy City, PA. At the workshop we were advised to replace QuickBooks 2007 with a newer version, after April 2010 they will no longer update that version and that includes the payroll module which we use. They recommended updating to the 2009 or 2010 versions. The Board recommended that the Treasurer and Secretary review pricing for both the 2009 and 2010 Version. -We received an estimate for the installation of computer cabling in the storage closet. Installation and materials wold be $1,010.00. The Board suggested that J. Bainger be contacted for another proposal. -He met with Ken Rotz, President of Keystate Publishers to discuss the updating or recodifying of our ordinances. He also met with Tim Schantz, VP of WSA Insurance for insurance quotes. Jonathan Stough of Kilmer Insurance Agency, our existing insurance broker, would like to meet with the Supervisors at their next BOS meeting. -For the period of 8/24 – 10/2/2009 which represents the billing cycle of this months Keystone Municipal bill, the building inspector colleted $6,519.00 in fees. -Request to include the second installment of the Local Fire Companies & UBREMS donations on the November list. The Board approved the second installment but noted that if there are not enough funds in November add to the December bill list. - Included in this month’s bill list: $152,607.00 to AMS for the 2009 Tar & Chip contract; $39,695.73 for the Vol. Fire Relief Funds; $8,996.90 to the PA Municipal Retirement Systems. - Bills being presented tonight: General Fund, $87,551.93; Escrow Fund, $1,995.65; Community Day Fund, $422.15; Open Space, $2,821.00; Recreation Fund, $300.00; State Fund, $152,607.00 - Transfers requested: $2,821.00 from Open space Fund to General Fund: $47,000.00 from High Yield Money market to General Fund; $300.00 from Recreation Fund to General Fund. A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve the Treasurer’s Report as presented, with the requested transfers. The motion carried 5-0-0. A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the October Bill List as presented. The motion carried 5-0-0.
SUBDIVISIONS:
A letter was received earlier today from R. Gundlach Esq. of Fox Rothschild LLP. They have advised that this plan has been withdrawn effective today and requested that any remaining escrow be returned to the applicant.
Grants an extension to 12-31-2009 A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the extension for the D. Gross/Byers Rd Sub. TMP# 30-15-33 & -41-1 until 12-31-2009. The motion carried 5-0-0.
Fire Co. Review – “no comments”; B.C.C.D-Letter of Adequacy Grants Extension to 11/30/2009. S. Grosso was in attendance for the applicant. He requested that the Board also approve the Planning Module. The Board addressed the Wynn Associates Review letter of September 25, 2009. A motion was made by H. Gawronski, seconded by J. Litzenberger, to grant preliminary approval based on the Wynn Associates letter of September 25, 2009. The motion carried 5-0-0. A motion was made by A. Santopietro, seconded by N. Janyszeski, to approve the Planning Module for the Gouck Subdivision. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by J. Litzenberger, to approve the Operation & Maintenance agreement for the Gouck Subdivision, TMP# 30-3-4-1. File #41-170. The motion carried 5-0-0.
LAND DEVELOPMENT:
Grants an extension to 12-31-2009 A motion was made by N. Janyszeski, seconded by A. Santopietro, to accept the extension for Wehrung’s Phase II, TMP# 30-10-35 until 12-31-2009. The motion carried 5-0-0.
It was the consensus of the Board that S. Baluh not pursue Eastern Oak L/D – Completion of Improvements at this time. - B. Keyser commented that there are still some issues with the Funke property regarding the issuance of a Certificate of Occupancy for a resident who has not completed the BMP. He noted that Escrow monies are being taken from the builders account and believes that the Township should correct any problems. G. Neebe commented it is the homeowner’s responsibility to comply with the plot plan. A. Santopietro suggested that the landowner be contacted and advised of the items to be completed as per the original plan approved by the Township. If needed, someone else will be contracted to finish the project and a lien will be placed against the home. A motion was made by J. Litzenberger, seconded by A. Santopietro, to have the Township Engineer, S. Baluh, to expend up to four hours to address this issue. The Solicitor, J. Yeager, commented that the township needs to identify the issue and review the land development agreement to find out who is assigned the responsibility of complying with same. The motion carried 5-0-0. J.B. Yeager arrived at the meeting during the Funke discussion ( 8:30 PM) J.B. Yeager continued with the Solicitor’s Report. -Christman Tract – The Solicitor spoke with the attorney for the Christman Estate, who indicated that the terms of the agreement with D. Gross had expired. A letter was received by the Township from R. Gundlach, the attorney for D. Gross, via fax, advising plan withdrawal. A motion was made by H. Gawronski, seconded by A. Santopietro, to accept the letter of withdrawal dated October 21, 2009, for the Christman Tract Subdivision/D. Gross. The motion carried 5-0-0. -Correspondence was received from attorney J. Healy addressing the Ferreira property on Berger Road. The Solicitor attended a meeting with J. Healy in August to discuss sections of the Second Class Township Code which allows townships to assess property owners for the cost of improvements to roadways. The Ferreira’s have offered to pay the cost for a certain amount of footage, but they still assert that the roadway should be closed or fully improved to PennDOT standards. The Board will discuss during their Executive Session. - Update on procedural challenge by Hanson. Several briefs have been filed and a court hearing has been scheduled for November.
RELEASE OF ESCROWS:
A motion was made by N. Janyszeski, seconded by J. Litzenberger, to release escrow for Voucher No. 2 in the amount of $9,495.00, payable to Harrow Station/CVS. The motion carried 5-0-0.
B. Harrow Station/CVS – Voucher No. 3 - $5,000.00 – Payable to Harrow Station A motion was made by N. Janyszeski, seconded by H. Gawronski, to release escrow for Voucher No. 3 in the amount of $5,000.00, payable to Harrow Station/CVS. The motion carried 5-0-0.
A motion was made by N. Janyszeski, seconded by H. Gawronski, to release escrow for Voucher No. 10 in the amount of $5,850.00, payable to Harrow Station, LLC. The motion carried 5-0-0.
OLD BUSINESS: There was no Old Business.
NEW BUSINESS: A. Christmas Party – Discussion – N. Janyszeski, Chair, commented that the party held last year was a huge success and, due to the economy, does the Board want to move forward by asking our vendors if they wish to contribute to a party this year. It was the consensus the Boardto send letters asking the vendors for an ‘up to’ amount.
Terms are expiring – Advertise for open positions - Set date for receipt of letter of interest It was the consensus of the Board to have the Secretary send out notification letters to Committee Positions for those whose terms are expiring. Letters of interest are to be received in the office by Wednesday, December 30, 2009. C. Permission to advertise Planning Commission – November 4, 2009 A motion was made by N. Janyszeski, seconded by J. Litzenberger, to advertise for the Planning Commission change of date from November 3, 2009 to November 4, 2009 and to advertise for terms expiring for positions on Nockamixon Committees in the Daily Intelligencer. The motion carried 5-0-0. D. BCATO – Annual Fall Dinner Attendees – October 29, 2009 It was noted that the following Township Officials/Personnel would be attending the BCATO Annual Fall Dinner: N. Janyszeski, B. Keyser, H. Gawronski, and A. Eichlin at a cost of $50.00/person. A motion was made by N. Janyszeski, seconded by H. Gawronski, to issue an out-of-meeting check for four members of Nockamixon Township to attend the BCATO Annual Fall Dinner at Spring Mill Country Club. The motion carried 5-0-0.
E. Tinicum Conservancy – Resolution – Support Petition for Lower Tohickon Creek/EV Status A motion was made by N. Janyszeski, seconded by B. Keyser, for a resolution to support Tinicum’s petition to upgrade the Lower Tohickon Creek to Exceptional Value (EV) Status. The motion carried 5-0-0.
F. Fire Company & Emergency Services Tax – Discussion N. Janyszeski, Chair, commented that Emergency Services attended a work session including, Ottsville Vol Fire Co., Community Fire Co #1 (Riegelsville), Upper Black Eddy Fire Co., Delaware Valley Fire Co. and UBREMS to discuss the implementation of a Fire and Emergency Services Tax. A motion was made by N. Janyszeski, seconded by A. Santopietro, for a resolution to implement .5 mills for Upper Bucks Regional Emergency Services. The motion carried 5-0-0. A motion was made by H. Gawronski, seconded by N. Janyszeski, for a resolution to implement a 2 (two) mill tax for the Fire Companies. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by A. Santopietro, to pass Resolution #10-21-2009 which represents .5 mills for Ambulance and Emergency Services and 2 (two) mills for Fire Services. The motion carried 5-0-0.
SOLICITOR’S REPORT: J. Yeager gave the report earlier in the meeting.
At 9:03PM, Chair, N. Janyszeski, commented that the Board will meet in Executive Session to discuss Real Estate and Litigation. At 10:00PM, Chair, N. Janyszeski noted that the Board met in Executive Session to discuss Real Estate and Litigation.
N. Janyszeski commented that the Solicitor would advertise a “Local Services Tax” ordinance three consecutive weeks in a row. The Solicitor, J.B. Yeager added that he will prepare an advertisement for the draft ordinance, and asked that the Board authorize his office to confer with the Treasurer to assemble the rest of the information needed for the advertisement. The Board will then consider at the November Supervisors meeting. N. Janyszeski entertained that as her motion, seconded by H. Gawronski. The motion carried 5-0-0. -E. Gawronski noted that she does not work in Nockamixon Township and wanted to know if this would apply to her. J. Litzenberger commented that only self-employed businesses would be required to pay the tax.
A. Eichlin commented that H. DiSario would be unavailable for the Wednesday, November 4, 2009 Planning Commission. It was the consensus of the Board to have A. Eichlin attend that meeting. A motion was made by A. Santopietro, seconded by H. Gawronski, to adjourn the Board of Supervisors Meeting at 10:02 PM. The motion carried 5-0-0.
Respectfully submitted,
Arlene E. Eichlin Recording Secretary |