MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS December 16, 2009 The regular scheduled meeting for December was held on December 16, 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 8:30AM.
SCHEDULING: Chair N. Janyszeski reviewed the schedule.
MINUTES OF MEETING: A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the November 18, 2009 Board of Supervisors minutes as presented. The motion carried 5-0-0.
WORK SESSION MINUTES: A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the January 22, 2009 Board of Supervisors Work Session minutes as presented. The motion carried 5-0-0 A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the February26, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the April 23, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the May 28, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by H. Gawronski to approve the June 25, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by H. Gawronski to approve the September 24, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 4-0-1 with J. Litzenberger abstaining, he was not in attendance.
BUDGET WORK SESSION MINUTES: A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the October 1, 2009 Board of Supervisors Budget Work Session Minutes as presented. The motion carried 3-0-2 with B. Keyser and J. Litzenberger abstaining, they were not in attendance. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the October 8, 2009 Board of Supervisors Budget Work Session Minutes as presented. The motion carried 4-0-1 with B. Keyser abstaining, he was not in attendance. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the October 15, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 4-0-1 with N. Janyszeski abstaining, she was not in attendance. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the October 22, 2009 Board of Supervisors Work Session Minutes as presented. The motion carried 3-0-2 with N. Janyszeski and B. Keyser abstaining, they were not in attendance.
-Chair, N. Janyszeski thanked both J. Litzenberger and H. Gawronski for their years of service on the Board of Supervisors. Citations were sent for H. Gawronski by PA Rep. Marguerite Quinn and PA Sen. Charles McIlhinney. H. Gawronski spoke regarding his accomplishments during his tenure including the meeting room addition, and Community Day. J. Litzenberger commented that he was proud to serve the residents of Nockamixon Township. E. McHale thanked H. Gawronski for building the meeting room. E. Gawronski commented that there is a plaque in the foyer honoring all the people who assisted in the building of the Township meeting room.
PUBLIC COMMENT: -S. Tenney added to the compliments and words of thanks to H. Gawronski and J. Litzenberger for their dedication to the Township. -G. Orbino voiced his concerns regarding the proposed tax increase. N. Janyszeski commented that the increase would be approximately $240.00 for residents.
REPORTS: A. ROAD REPORT – Petroleum Product Bids Advertising – Open bids for 1974 Chipper G. Housworth, Roadmaster, was not in attendance. A motion was made by H. Gawronski, seconded by J. Litzenberger, to approve the November 2009 Road Report as presented. The motion carried 5-0-0. A motion was made by H. Gawronski, seconded by J. Litzenberger, to advertise for bid of the Petroleum Products (Unleaded Gas/Diesel) in the Daily Intelligencer. The motion carried 5-0-0. The Township received three bids for the 1974 Chipper. They are as follows: 1. David Taylor $ 200.00 2. Bruce Keyser 1,100.00 3. Henry Gawronski 299.99 The advertisement for the Chipper was posted in the township office and on the Township website. Due to the value of the item (under $1,000.00) it was not advertised in the newspaper. A motion was made by J. Litzenberger, seconded by N. Janyszeski, to award the bid for the 1974 Chipper to Bruce Keyser for $1,100.00. The motion carried 4-0-1 with Bruce Keyser abstaining.
B. Zoning Report ICC Code Books - The Zoning Officer, D. Taylor, was not in attendance. With regard to the Gill Property, there was a consensus of the Board that the Zoning Officer send a letter to Mr. Gill requesting a response and/or movement of the vehicles by Wednesday February 10, 2010, one week prior to the scheduled February Board of Supervisors meeting at which time the Board will made a decision. The Board will address the purchase of ICC Code Books during the Treasurer’s Report. A motion was made by H. Gawronski, seconded by A. Santopietro to accept the Zoning Report as presented. The motion carried 5-0-0.
C. Emergency Management – No December meeting. E. Mocarsi was in attendance and wanted to clarify that there are no agreements between the Bridgeton Township EMA and Nockamixon Township EMA to merge as the article in the B.C. Herald suggests. He also reviewed the annual report with the Board.
D. Environmental Advisory Committee – J. Petersen, Chair, gave the report which included the following: $50.00 to provide plan reproductions for a plan review training session with the BOS and PC and $100.00 for preparation and reproductions for a riparian buffer educational program for the BOS, PC and the public. M. Gallagher of P-Hydro will be donating his time for these programs. He requested an update from Bucks County in regard to the Hidden Valley dump. He noted that the Township should contact the county to find out their plans for the recently acquired Cobbler property. J. Petersen asked that the four members’ terms that are expiring in 2009 be considered by the Board for reappointment. The Board will address the training sessions requested by the EAC at a future Work Session.
E. BNT Ground Water Committee – S. Donovan, Member, gave the report. The committee will be applying for a Critical Water Planning Area(CWPA) Designation for certain areas in Nockamixon Township. They will be sending correspondence to Bridgeton and Tinicum Townships for their permission to move forward with this plan. F. Open Space Committee – Co-Chair, N. Alessi, gave the report. She commented that they cancelled their December meeting due to the Holiday. In process are two Natural Areas Program Applications for properties with approximately 100+/- acres. The Committee requested a monthly report of funds. A motion was made by J. Litzenberger, seconded by H. Gawronski, that, along with the Boards’ monthly financial statement, to also include a simple Profit & Loss (P&L) with cash balances of the Open Space monies (Income Received and Expenses Paid to Date) including an ending balance. The motion carried 5-0-0. An Executive Session was held at the end of the meeting.
-J. B. Yeager, Solicitor, arrived at the meeting at 8:30PM. When asked by N. Janyszeski if any correspondence had been received from the County for Hidden Valley, he replied that none had been received. It was the consensus of the Board to authorize the Solicitor to send a letter to Bucks County requesting an update for Hidden Valley and to include a request of the planned uses for the recently acquired Cobbler Road LLP property.
G. Recreation Board – Member, E. Gawronski, gave the report. She noted that the dugouts have been installed at Veteran’s Park.
H. Nockamixon Historic Commission – N. Jesiolowski , member, gave the report. He noted that the Historic Commission is continuing to research area one-room schoolhouses.
Treasurer ’s Report – K. DeLuca gave the Report. -We ordered and received Adobe Acrobat and QuickBooks 2010. We will be digital in 2010! We need a resolution for all future preliminary, final and final recorded submissions to be submitted in digital (PDF) format in addition to normal requirements. - Hutchinson, Gillahan & Freeh furnished the Township with their 2010 quote for services. The fee for 2010’s audit is $8,200.00. -Met-Ed is inquiring the intention of the Township as to the use of the meter located at 49 Old Schoolhouse Way. Do we want to continue service or disconnect the meter? N. Janyszeski commented that the Board of Supervisors will table until the January meeting. A tour of the property will be scheduled with the Park & Recreation Board. -The heating/air conditioning system is 20 years old and is not as efficient as it could be. There is a possibility there will be grant money for reduction of energy used. Can he obtain quotes and recommendations for replacing the existing HVAC system? - Bucks County would like to deposit future monthly distributions via wire transfer. A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve the wire transfer directly to the bank from Bucks County for the Recorder of Deeds Monthly Distribution check. The motion carried 5-0-0. -Our ICC membership is due this month. If we continue to use a third party inspection service there is no need to continue the membership. On the same note, Keystone can order the 2009 code books at a cost of $415.62 or we can order them direct for $377.00. The membership expires 1/31/10. A motion was made by B. Keyser, seconded by A. Santopietro, to expend up to $393.00 to purchase 2009 Code Books. The motion carried 4-1-0 with H. Gawronski voting nay. -Building Fees collected this month-$2,072.00. Billing from Keystone-$4,592.00 -Included in this month’s bill list; $2,000.00 donation for the Eastern Upper Bucks Senior Center; $2,500 donation for the Lord’s Pantry and $11,650.00 for the dugouts at Veterans Park. -Bills being presented tonight; General Fund, $31,729.53; Escrow Fund, $2,671.75; Recreation Fund, 11,650.00; Open Space Fund $758.00 -Transfers requested: $3,000 from Open Space Fund to the Recreation fund (correction); $758.00 from Open Space fund to General Fund; $11,650.00 from Recreation Fund to General Fund and $40,000 from High Yield Money Market to the General Fund. -K. Deluca requested permission to complete the MS965 Report due 1/31/2009. A motion was made by J. Litzenberger, seconded by A. Santopietro, to transfer $3,000.00 from the Open Space Fund to the Recreation Fund (correction), $758.00 from the Open Space Fund to the General Fund, $11,650.00 from the Recreation Fund to the General Fund and $40,000 from High Yield Money Market to the General Fund. The motion carried 5-0-0 A motion was made by J. Litzenberger, seconded by H. Gawronski, to approve the November Bill List as presented. The motion carried 5-0-0.
PUBLIC HEARING: A. Proposed Wind Energy Systems Ordinance – The Solicitor, J. Yeager opened the public hearing for the proposed Wind Energy Systems Ordinance at 8:45PM. It has been reviewed and recommended by both the Nockamixon Township and Bucks County Planning Commissions. The hearing was advertised in The Intelligencer on November 25, 2009 and December 2, 2009 and a proof of advertisement received. A revised draft ordinance was sent to the B.C. Planning Commission for review and to the Bucks County Law Library. There is a signed Certification from the Township Secretary that a hearing notice was posted at the Township Building. It is now before the Board of Supervisors for consideration. The hearing was opened to the public. S. Tenney requested that the Solicitor give a short explanation of the proposed ordinance. S. Donovan wanted to know if it precluded horizontal wind energy systems. C. Kemble wanted to know if it was included in the fee schedule. The Solicitor gave a short synopsis of the Proposed Ordinance to the public. He explained that it sets Township standards and limitations for the installation of Wind Energy Systems. It takes a performance planning approach which means if conditions allow, you can install a system and is not based on the district in which you reside. No additional fees are required, only those currently in the Township fee schedule. It does not allow wind farms it is strictly for a single residence. A motion was made by N. Janyszeski, seconded by H. Gawronski, to approve the Wind Energy Systems Ordinance #139 as proposed. The motion carried 5-0-0. The Solicitor closed the public hearing at 9:00PM.
B. Adoption of 2010 Budget – at 9:01PM the Board began discussion of the 2010 Budget and requested the following changes: Line 301.11 shows $100,000.00, change to read $106,000.00. Line 301.12 shows $25,000.00, change to read $26,500.00 Line 411.54 shows $100,000.00, change to read $106,000.00 Line 412.54 shows $32,500.00, change to read $34,000.00 Line 600 Payroll Expense $19,000.00. The line will be removed and reallocated. Total budget including the 4.5 mill increase, the LST and the Emergency Services Tax is $978,482.64. H. Gawronski commented that since there is enough money to carry the Township through the first quarter of 2010, he recommended a reduction of four mills, but would consider two mills. The solicitor, J. Yeager, explained that the second class township code limits the ability of the Board to make changes tonight that go beyond the 10% aggregate or 25% on any major revenue category of the budget without advertising. The budget, by law, needs to be approved by December 31, 2009. It was noted that the new Board can review the budget January 2010 and adopt a revised budget by February 15, 2010. G. Orbino questioned doubling the contributions to the Fire Company and doubling the Solicitor’s fees. It was explained that current Township litigation was the reason for the increase of Solicitor’s fees; 2.0 mills will be collected for the fire companies and .5 mills for Emergency Services. C. Bahnck believes that the millage could be reduced and he referred to the amount of carryover savings. J. Litzenberger requested comments from the audience regarding the fire tax. E. Mocarsi commented that one fully equipped fire truck can cost up to $350,000.00, plus the cost to equip each fireman. S. Tenney commented about volunteer fire companies and how they maintain their facilities. N. Alessi and E. Chapman voiced concerns about the increase in the budget and taxes along with co-mingling of funds for emergency services and land/easement purchases in the General Fund. E. Kemble commented about several items in the budget including, but not limited to, reduced employee health benefits; one building inspector for zoning and building inspections; reduction of legal costs. The discussion continued regarding a reduction in tax mills as suggested by H. Gawronski and J. Litzenberger. A board member commented that he would rather leave the tax increase as it stands so that in 2011 the Township will not be in the same position we are currently. A motion was made by, B. Keyser, seconded by A. Santopietro to adopt the 2010 budget as presented. Under discussion, J. Litzenberger suggested that the Board revisit in January and reduce the millage at that time. The motion died 2-3-0 with N. Janyszeski, H. Gawronski, and J. Litzenberger voting nay. A motion was made by H. Gawronski, seconded by J. Litzenberger, to reduce taxes by 1.5 mills. The motion carried 4-1-0 with B. Keyser voting nay. For the Record, J. Litzenberger commented that he would like the taxes to be reduced by 2.5 mills.
SUBDIVISIONS: A. Erhardt/Spadaccino TMP# 30-8-125-1 and 30-8-125-2 Lot Line Adjustment Preliminary/Final - A motion was made by A. Santopietro, seconded by B. Keyser, to grant preliminary/final approval to the Lot-Line Adjustment for Erhardt/Spadaccino, TMP# 30-8-125-1 and -125-2 per the conditions set in the most recent C. Robert Wynn Associates review letter and the applicable Bucks County Planning Commission letter. The motion carried 5-0-0.
B. Cobbler Road L.P. Sub–TMP#30-11-105 & -217 – Lot Line Adjustment – Preliminary/Final – Wm. McNaney P.E., Van Cleef Engineering, addressed the Board. The Planning commission recommended preliminary/final approval for the lot-line adjustment and the six (6) waivers, at their December 1, 2009 meeting. The parcel consists of approximately thirteen (13) acres, twelve (12) acres of which will be conveyed to Bucks County. The remaining one plus (1+) acres will contain the existing auto repair garage. Enough acreage remains to install a septic system should the current one fail. A motion was made by H. Gawronski, seconded by N. Janyszeski, to grant preliminary/final approval to the Cobbler Road L.P. Sub. TMP# 30-11-105 and -217 lot-line adjustment and meet any outstanding conditions in the Wynn Associates Review letter. Under discussion, J. Petersen wanted to know if the current deed restrictions on the 30-11-217 property would apply to both properties. Solicitor, J. Yeager, would have to review the paperwork describing the deed of easement for the right-of-way that will become part of this lot-line adjustment. He recommended that the Board not sign the mylars at this meeting and requested a motion authorizing the signing of the Cobbler Road L.P. plans out of meeting once all the outstanding legal documents have been processed and signed. The motion carried 5-0-0. A motion was made by N. Janyszeski, seconded by J. Litzenberger, authorizing signing of the Deed of Easement and other legal documents out-of-meeting before December 31, 2009, upon Solicitor’s review. The motion carried 5-0-0. C. Gross/Byers Road Sub. – grants extension to 2/28/2010. A motion was made by N. Janyszeski, seconded by H. Gawronski, to grant an extension to 2/28/2010. The motion carried 5-0-0
D. Morton Sub. ( Lake Warren Sub) – Grants extension to 3/10/2010.
LAND DEVELOPMENT:
A motion was made by N. Janyszeski, seconded by H. Gawronski, to grant an extension to 3/10/2010 for Morton Subdivision, TMP#30-13-5, Wehrung’s Phase II L/D to grant an extension to 2/28/2010 and DiPalantino L/D to grant an extension to 3/31/2010. The motion carried 5-0-0.
-Chair, N. Janyszeski called a five minute recess at 10:25 PM. -Chair, N. Janyszeski reconvened the meeting at 10:30 PM.
RELEASE OF ESCROWS:
B. Beaver Run Road Sub – Voucher No. 1 - $21,029.00 – payable to Dwayne Gross A motion was made by N. Janyszeski, seconded by H. Gawronski, to release Voucher No. 4 for the Erhardt Lot-Line Adj. in the amount of $3,825.00 payable to Beatriz K. Erhardt, and to release Voucher #1 for the Beaver Run Road Subdivision in the amount of $21,029.00 payable to Dwayne Gross. The motion carried 5-0-0.
OLD BUSINESS: A. Nockamixon Township Community Day - Resolution – The Solicitor, J. Yeager, discussed the draft resolutions that had been brought before the Board at the previous meeting. If the Board agrees it is in the best interest of the Township to turn over authority for Community Day to the newly formed non-profit. A list of conditions would be needed to protect all parties. It was the recommendation of the Solicitor for added oversight by the Township of the Corporation event activities. It the Board was inclined to follow his recommendation, inventories would be required and modification of the resolutions to provide for those conditions. That being said, it would prevent the Board from acting on resolutions this evening. A motion was made by N. Janyszeski, seconded by B. Keyser, to table until the January meeting and give time for the Board to look into the details and to complete an inventory of Community Day goods. The motion carried 3-2-0 with H. Gawronski and J. Litzenberger voting nay. Under discussion, B. Keyser commented that an inventory of goods should be completed before the Board takes further action. It should be done responsibly and, once the inventory has been completed, the Board will address the recommendations of the Solicitor. Nate Fox, Attorney for the Association, was in attendance and addressed issues and concerns of the Association with the Board of Supervisors. The Solicitor for the Community Day Association, Nate Fox, would prepare revised drafts of the resolutions. The Board authorized the Solicitor, J. Yeager, to review the revisions for presentation at the January meeting.
B. Smeland Lot Line Adjustment – Sign Final Plans – A motion was made by N. Janyszeski, seconded by H. Gawronski, to sign the Final Plans for the Smeland Lot Line Adjustment. The motion carried 5-0-0.
It was noted by the N. Janyszeski that Berkheimer has been suggested as the collector of the Local Services Tax for the Township. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve Resolution #12-16-2009 to appoint Berkheimer Tax Administrator as the collection agent for the Nockamixon Township Local Services Tax. The motion carried 4-1-0 with H. Gawronski voting nay. A motion was made by J. Litzenberger, seconded by A. Santopietro, to authorize the Chair of the Board of Supervisors to sign an agreement outside of meeting, based on the Solicitors review of the contract. The motion carried 4-1-0 with H. Gawronski voting nay. NEW BUSINESS: A. Change date-Regular January Board of Supervisors Meeting – Discussion – After a short discussion concerning a change of date for the regular January meeting to the same day as the Reorganization meeting, it was the consensus of the Board to hold the meeting on the regular scheduled date of January 20, 2010 @ 7:30PM.
B. Permission to advertise for 2010 Reorganization Meetings - A motion was made by N. Janyszeski, seconded by H. Gawronski, to direct the Secretary to advertise the 2010 Reorganization meetings for the Board of Supervisors, The auditors and the Planning Commission in the Daily Intelligencer. The motion carried 5-0-0.
The Board acknowledged dates for the Convention. A. Eichlin commented that if any Board member planned to attend please let her know.
D. Tax Collector Compensation – Discussion - Resolution It was the consensus of the Board to authorize the Solicitor to review the resolution regarding Tax Collector Compensation and have one prepared for the January meeting.
SOLICITOR’S REPORT: The Solicitor, J. Yeager, discussed the following during his report: 1. H. Gawronski had requested that the Solicitor review the possibility of a resolution to allow temporary use permits (30, 60, or 90 days) in Nockamixon Township. The Township would need to amend the current Zoning Ordinance to reflect this change. 2. The township has been served with a lawsuit by a resident who lives on Berger road. The choices of the Board are to vacate the road or bring up to PennDOT standards. He has copies of the preliminary objection that was filed by the Township. The attorney for the Ferreira’s has 20 days to respond. 3. Fleck Conservation Easement – A revised Resolution was presented authorizing the Vice-Chair, as well as the Chair, to attend settlement. A motion was made by J. Litzenberger, seconded by A. Santopietro, to approve Resolution #12-16-2009A authorizing the execution of all documents for the acquisition of a Conservation Easement on the lands of Vincent W. Fleck to the Chair or the Vice-Chair. The motion carried 5-0-0.
At 11:05 PM, Chair, N. Janyszeski, commented that the Board will meet in Executive Session to discuss Real Estate. At 11:29 PM, Chair, N. Janyszeski noted that the Board met in Executive Session to discuss Real Estate.
A motion was made by J. Litzenberger, seconded by N. Janyszeski, to adjourn the Board of Supervisors Meeting at 11:29 P.M. The motion carried 5-0-0.
Respectfully submitted,
Arlene E. Eichlin Recording Secretary |
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