MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
November 18, 2009
The regular scheduled meeting for November was held on November 18, 2009 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 B. Keyser and Supervisors H. Gawronski, J. Litzenberger and A. Santopietro.
Solicitor, J.B. Yeager was also in attendance.
SCHEDULING: Chair N. Janyszeski reviewed the schedule. A. Eichlin noted that the Open Space Committee will hold their meeting Monday, December 14, 2009 at 7:00 P.M.
MINUTES OF MEETING:
A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the October 21, 2009 Board of Supervisors minutes as presented.
The motion carried 5-0-0.
WORK SESSION MINUTES:
Jan 22, Feb 26, Apr 23, May 28, June 25 and Sept 24, 2009
BUDGET WORK SESSION MINUTES:
October 1, 8, 15 and 22, 2009
The Chair, N. Janyszeski, asked that the work session minutes be tabled until the December meeting. The Board was in agreement.
PUBLIC COMMENT:
-T. Stone, commented that the GRWA and DCNR conducted a clean-up and removed several truckloads of debris from Lynn Island on Saturday, November 14, 2009. – “Arts for Conservation” sponsored by the GRWA and the Heritage Conservancy will be held on November 22, 2009 at 5:00 P.M. at the Ferndale Inn.
-J. Petersen discussed the bridge at SR611/32 which is scheduled for repair next year. He asked that the Township take a pro-active stance with PennDOT in regard to environmental issues that may arise at the site.
-B. Naska suggested that the Township attend the pre-construction meeting and designate a contact person. It was noted that no correspondence has been received by the Township advising of a meeting.
ADDENDUM:
CONSERVATION EASEMENT – VINCENT FLECK PROPERTY
Chair, N. Janyszeski commented that this information was brought before the Board this evening. The Open Space Committee requested that this be placed on the agenda since there is a 4:00 A.M. deadline for signing of the paperwork. The Solicitor, J. Yeager, commented that the Board had made a decision previously regarding the purchase of this easement. A revised agreement of sale is now before the Board along with a resolution to authorize the expenditure of previously approved funds. Settlement is scheduled before the end of the year. The acreage has been finalized which impacted the amount of money to be spent. The easement will not be signed until closing. The Solicitor commented that a motion would be in order to approve signing Resolution #11-18-2009 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. It resolves approval of disbursement of $149,648.16 for the purchase of the Conservation Easement, approval of disbursement of sufficient funds up to $3,000.00 to pay its share of settlement costs for the purchase of the easement and authorizes the Chair and/or the Township Secretary to attend the settlement and execute the documents necessary to complete the sale. A. Santopietro entertained that as his motion, seconded by J. Litzenberger. The motion carried 5-0-0.
PUBLIC HEARING:
A. Proposed Local Services Tax Ordinance – J. Yeager opened the hearing for the proposed Local Service Tax Ordinance at 7:55PM. At their previous meeting the Board authorized the solicitor to advertise an ordinance enacting a Local Services Tax. It was advertised in the Intelligencer on the following dates: October 26, November 2 and November 9, 2009. It was posted at the township building and copies available for public review. It is now before the Board for consideration. The Board discussed the use of the monies collected including, but not limited to: road construction/maintenance, emergency services such as fire, emergency medical, police and/or fire, reduction of property taxes. It is limited by statutes included in the ordinance. If you work in another township and live in Nockamixon the amount would be shared by the municipalities. B. Blanchard commented that he works in Plumstead and has been paying a Local Services Tax for two years. He noted that he felt it was taxation without representation. N. Janyszeski commented that it is a way for the Township to supplement its income. J. Yeager noted that the Township will determine a collector by resolution no one has been discussed at this time. K. Deluca commented that Berkheimer Associates would charge a 2.5% collection fee. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve Ordinance #138 to enact the Local Services Tax. The motion carried 5-0-0. J. Litzenberger added that he would like to see the balance of the funds used to reduce property taxes. J. Yeager noted that a certificate has been prepared for the Secretary to execute. The State needs to be notified upon enactment of the ordinance by December 1, 2009. The hearing was closed at 8:20 P.M.
REPORTS:
A. ROAD REPORT – G. Housworth was not in attendance. The Board discussed the chipper that is being considered for public bid. J. Yeager commented that the requirement for advertisement and bidding or auction is for personal property over $1,000.00. Under that amount the Board could adopt, by resolution, a procedure to dispose of personal property. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to create a procedure for any personal property valued at less than $1,000.00 at any Board of Supervisors meeting. It will be offered to the public, posted at the township building and on website, and a closed bid must be received by 3:00 P.M. one week prior to the Board of Supervisors meeting.
The motion carried 5-0-0.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to submit the Asplundh Whisper Chipper Model JEY Series for bid. The estimated fair market value is less than $1,000.00. Include in the notice a description of all features, and safety issues. The Chipper will be sold ‘as is’. The motion carried 5-0-0.
A motion was made by H. Gawronski, seconded by A. Santopietro, to approve the October 2009 Road Report as presented. The motion carried 5-0-0.
E. Mocarsi requested that PennDOT be contacted with regard to the condition of Center Hill Road. It was noted by A. Eichlin that PennDOT has been contacted through Rep. Quinn’s office and the road repairs have been postponed until Spring 2010.
B. Zoning Report - The Zoning Officer, D. Taylor, was not in attendance.
With regard to the Parciak Property, the Board recommended that this issue be addressed in one month. – Progress is ongoing at the Gill property, as noted in the correspondence received by the tenant. The Board recommended that the zoning officer not take action at this time. CVS signage variance – it was the consensus of the Board to authorize the Township Solicitor to review and take appropriate action. The Board will discuss in Executive Session. 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 October meeting. E. Mocarsi was in attendance and commented that, due to illness, the November meeting was cancelled. A canister was placed at the Emergency Management Booth during Community Day. The EMA donated $25.00 to each of the fire companies as well as UBREMS on behalf of the Township.
D. Environmental Advisory Committee – J. Petersen, Chair, gave the report which included: Plan review training session for the PC and BOS; a riparian buffer educational program; a letter to Bucks County requesting the status of remediation for the Hidden Valley dump by T. Stone; support of the BNT GWC groundwater well monitoring around the High School and the Quarry Permit and Inspection. The Board directed the Secretary to send a letter to Bucks County requesting status of the Hidden Valley remediation. Until the Township’s appeal has been reviewed with regard to the quarry’s installation of the turbidity meter, there will be no inspections at the quarry site.
E. BNT Ground Water Committee – No Report
F. Open Space Committee – Co-Chair, S. Tenney, gave the report. An Executive Session was held at the end of the meeting. An inspection was held recently on the Gorham Property by the OSC, and the B.C. Open Space Planning Commission. As a result she is requesting approval by the Board of the Gorham Property Status Report Draft, which has been accepted by the County. It was the consensus of the Board to have the draft report signed by B. Keyser and forwarded to the appropriate county office.
G. Recreation Board – Chair, T. Keebler, had to leave the meeting. B. Naska, Member, gave the report. He brought several items for review by the Board including 1. The installation of signs for the Walking Path at Veteran’s Park. 2. A review of the draft brochure for the walking paths at Rapp Creek Park which are open, but not currently to the public, trail markers, brochure boxes and a walking inspection by the Board. The Solicitor commented that he is awaiting a response from PADEP regarding final revisions to documents for this site. The Board was concerned about liability issues as well as trail maintenance and keeping the paths free of trash. 3. The construction of a monument acknowledging the Doylestown/Easton trolley track. The Board will take the requests under review. E. Gawronski commented that the scoping of the trails for Rapp Creek Park was primarily for an Eagle Scout project.
H. Nockamixon Historic Commission – No members were in attendance. N. Janyszeski commented that the Historic Commission met with residents who attended area one-room schoolhouses.
-According to today’s, November 18, 2009, Intelligencer the Grant for the Eastern Upper Bucks Senior Center has been approved. The Grant is for $34,200.00.
-Friday K. Deluca will be attending the Governmental Accounting and Recordkeeping Workshop presented by Hutchinson, Gillahan & Freeh and will be out of the office for the entire day.
-He received quotes to re-codify the Township Ordinances. The quotes are as follows: General Code - $15,730.00; Muni Code - $9,000.00 and Keystate - $8,475.00 to re-codify or $4,192.50 to add supplements to the existing code.
-He had a meeting with Jonathan Stough of Kilmer Insurance Agency, our existing insurance broker, to discuss ways to decrease our insurance premiums. He recommended that we look in three areas. One is to raise our deductibles, the other is to identify equipment that are not in use and remove them from current policies and finally go back and reevaluate replacement costs of township vehicles and equipment. It was noted by the Board that the deductible should be $100 and $500.
- Nancy Mulvenna, from CBDI, was in our office on November 9 th, to go over our health insurance coverage. She recommended several options that would reduce our cost. He met with the office staff to discuss these changes and what effect it would have on them. They agreed with the changes.
-For the period of 10/5 to 10/30/2009 which represents the billing cycle of this months Keystone Municipal bill, the building inspector collected $5,825.00 in fees.
-Over the past few weeks K. Deluca either spoke with or met with reps from various software and service companies. The themes of these meetings are the same. Reduction of cost for zoning, building inspection and record/document management through technology. We should have the ability to scan documents into a PDF and use a word recognition program to retrieve it.
-He spoke with the rep from Nextel, our cell provider, and reduced the cost of our service by 53%. He can reduce it further if we sign a two year agreement. The reduction would be an additional $20.00 per month for the next year.
-In light of this week’s problems with our internet provider. A quick search shows that we can save approximately $10.00 or more per month with Go Daddy. A motion was made by N. Janyszeski, seconded by J. Litzenberger to contract with Go Daddy as our internet provider. The motion carried 5-0-0.
-There is a request for a release of escrow of $1,000.00 to George Bassert. This is a driveway escrow.
- Included in this month’s bill list: $16,200.00 for the second installment of the Township Fire Company donations; $12,500 for the second installment of the Township donation to UBREMS; $1,302.68 for final payment to Ed Litzenberger for Kintner Ridge.
- Bills being presented tonight: General Fund, $63,880.63; Escrow Fund, $5,518.22; Recreation Fund, 150.00; Beres Construction Fund, $1,302.68
- Transfers requested: $1,200.00 from Developers Escrow Fund to General Fund: $1,302.68 from Beres Construction Fund to General Fund; $150.00 from Recreation Fund to General Fund.
A motion was made by J. Litzenberger, seconded by A. Santopietro, to transfer $1,200.00 from the Developers Escrow Fund to the General Fund, $1,302.68 from the Beres Construction Fund to the General Fund and $150.00 from the Recreation Fund to the General Fund. The motion carried 5-0-0
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.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the October Bill List as presented. A. Santopietro discussed the cost for services from P. Harrison for the Zoning Hearing. J. Litzenberger rescinded his motion, seconded by H. Gawronski. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to approve the October Bill list as presented excluding Check #10328 for P. Harrison. The motion carried 3-2-0. H. Gawronski and J. Litzenberger voted nay.
The Solicitor, J.B. Yeager commented on the contract submitted by Keystate of the cost for the re-codification of the Code and providing electronic services.
A motion was made by J.Litzenberger, seconded by H. Gawronski, to accept the Keystate quote for $4,192.50 to add supplements to the existing Township Codes, put in searchable, scan able PDF format. The motion carried 5-0-0.
SUBDIVISIONS:
Acceptance of Completion – Begin 18-month Maintenance period
A motion was made by H. Gawronski, seconded by J. Litzenberger, to accept the completion of the Gross/Beaver Run Sub. TMP# 30-11-168. The motion carried 5-0-0.
Preliminary/Final
The applicant, B. Erhardt, was in attendance. The Board reviewed the letter from S. Baluh, and the B.C. Planning Commission review letter. Due to the wording in the letter received by Bucks County, the Board sent the plan back to the Planning Commission for further review. B. Erhardt will contact the County and request clarification.
LAND DEVELOPMENT:
-Grants Extension to 6-20-2010
A motion was made by N. Janyszeski, seconded by H. Gawronski, to accept the extension of the Nockamixon Crossing Shopping Center, TMP# 30-11-77 & 77-2 until 6-20-2010. The motion carried 5-0-0.
RELEASE OF ESCROWS:
Payable to Litzenberger Excavating, Inc.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to release $1,302.68, payment #2, payable to Litzenberger Excavating, Inc.
The motion carried 5-0-0.
OLD BUSINESS:
A. Holiday Party – A. Eichlin commented that, after speaking with a representative of the Indian Rock Inn, the cost is $20.00 per person. It was a consensus of the Board to hold the Holiday Party on Friday, December 11, 2009 from 4-7 PM.
B. EIT Tax Collection Committee – N. Janyszeski commented that she attended the first meeting of the Committee on November 5, 2009. An alternate is needed from Nockamixon. A motion was made by N. Janyszeski, seconded by B. Keyser, to nominate Supervisor-elect C. Bahnck to be an alternate for the EIT Tax Collection Committee. The motion carried 5-0-0.
NEW BUSINESS:
H. Gawronski commented that the Budget includes an increase in general taxes 4.5 mills and monies for the Fire Companies and Emergency Services, 2.5 mills. He hopes that the next administration will be able to reduce millage in the coming years.
E. Kemble suggested that the Township reduce the size of the Road Department by one person. G. Neebe commented that the taxes he pays will be passed on to the tenants in his store rentals. They in turn will pass increases on to their customers. He believes the tax is unfair due to the amount of the increase.
A motion was made by H. Gawronski, seconded by A. Santopietro, to increase taxes for general services by 4.5 mills and fire and ambulance services by 2.5 mills. The motion carried 4-1-0 with J. Litzenberger voting nay.
A motion was made by H. Gawronski, seconded by A. Santopietro, to advertise the budget as presented with the millage increase, in the Intelligencer. The motion carried 4-1-0 with J. Litzenberger voting nay. J. Litzenberger commented that he believed (6) six mills would be a sufficient increase.
B. Health Insurance Renewal – A motion was made by N. Janyszeski, seconded by B. Keyser to accept the health insurance renewal with the conditions that were previously stated by the Treasurer. The motion carried 5-0-0.
C. Proposed Wind Energy Systems Ordinance – Authorize to Advertise
A motion was made by J. Litzenberger, seconded by N. Janyszeski, to authorize the Solicitor to advertise the proposed Wind Energy Systems Ordinance for a public hearing to be held at the December 16, 2009 Board of Supervisors meeting. The motion carried 5-0-0.
Keystate Ordinance Update – J. B. Yeager commented that on the prior motion made for the codification of the ordinances, the Board needs a motion for authorization to execute a contract with Keystate. A motion was made by J. Litzenberger, seconded by A. Santopietro, to have the Chair, N. Janyszeski, sign the Keystate contract after review by the Solicitor. The motion carried 5-0-0.
D. U.B. Chamber of Commerce – Primary Contact and Dues.
A motion was made by J. Litzenberger, seconded by H. Gawronski, to rejoin the U.B. Chamber of Commerce at a cost of $225.00. The motion carried 5-0-0. N. Janyszeski will remain the contact person for the Chamber.
E. Nockamixon Community Day – J. Litzenberger commented that Community Day is now a Pennsylvania Non-Profit Organization and requested a motion from the Board to allow Nockamixon Community Day Association, Inc., a newly formed organization, to operate Nockamixon Township Community Day. They requested that Nockamixon Township partner with the Association. As a partnership, H. Gawronski commented that would include utilization of the Road Department and telephones. Chair, N. Janyszeski did not want to put the burden of community day on the Township employees. The Association has filed for 501(C)3 status; confirmation will take several months. The solicitor noted that insurance may be an issue for this event. N. Janyszeski noted that she is comfortable with the newly formed 501(C)3 taking over Community Day but not as a partner with the Township. There was support among members of the Board for donating certain Township-purchased items to the Association. J. Litzenberger commented that if this association no longer exists, all assets would be returned to the Township. After further discussion, there was a consensus of the Board to review at the December meeting.
SOLICITOR’S REPORT: There was no report.
At 10:20PM, Chair, N. Janyszeski, commented that the Board will meet in Executive Session to discuss Litigation and Real Estate.
At 11:10PM, Chair, N. Janyszeski noted that the Board met in Executive Session to discuss Litigation and Real Estate.
A motion was made by J. Litzenberger, seconded by A. Santopietro, to adjourn the Board of Supervisors Meeting at 11:11 P.M. The motion carried 5-0-0.
Respectfully submitted,
Arlene E. Eichlin
Recording Secretary