MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
January 20, 2010
The regular scheduled meeting for January was held on January 20, 2010 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, A. Santopietro, C. Bahnck and Wm. Sadow. Also in attendance: Solicitor, J.B. Yeager, Secretary A. Eichlin and Treasurer K. DeLuca.
SCHEDULING: Chair N. Janyszeski reviewed the schedule.
MINUTES OF MEETING: After a short discussion and a failed motion, the Board tabled the minutes of the December 16, 2009 meeting.
A motion was made by C. Bahnck, seconded by B. Sadow, to approve the Reorganization minutes of January 4, 2010 as presented. The motion carried 5-0-0.
-G. Neebe commented concerning the amount of fees required for the fit-out of an existing building at Harrow Station LLP. The Board suggested that he meet with the Zoning Officer.
PUBLIC HEARING:Conservation Easement TMP# 30-8-90 & 30-8-89 –The Solicitor, J. Yeager opened the public hearing at 7:48 P.M. He commented that the hearing was advertised in The Intelligencer. Notice of hearing was posted at the Township Building. A certificate of posting signed by the Secretary is available for review. S. Tenney and N. Alessi of the Open Space Committee gave a synopsis of Project #10 to the Board. This property sits within parameters of properties that have already been, or are being considered for, preservation.The Open Space Committee recommends Board approval for a fund allocation of $305,967, based upon $4,085/acre plus closing costs of approximately $6,000. In addition, funding has been conditionally approved by Bucks County’s Natural Areas program. The Conservation Easement consists of approximately 75+/- acres on two parcels, TMP# 30-8-89 and 30-8-90, located on Kinter Road. J. Yeager commented that a question has arisen with regard to a five acre parcel that may or may not be included in the final paperwork. An addendum would be included to clarify the final acreage. J. Yeager opened the hearing to public comment. Comments from the public included a request to review a plot plan and the timeframe for projects. It was noted there is no final surveyed plan at this time, but one would be available at closing. The timeframe for projects vary. This particular plan encompassed several months. The Public Hearing was closed at 8:06 P.M. J. Yeager commented that if the Board was inclined to grant the request of the Open Space Committee then a motion would be in order to authorize the purchase of Project #10, TMP# 30-08-90 & 30-08-89, allocation of open space funds based on a per acre price of $4,085 anticipated at $305,967 plus the closing costs of a maximum of $6,000 conditioned upon all funding partners meeting their obligations and satisfactory document review by the Township Solicitor. N. Janyszeski entertained that as her motion, seconded by B. Keyser. The motion carried 5-0-0.
REQUEST TO BE ON THE AGENDA:
a. Ted & Linda Davenport – Discussion – Increase in Taxes – Ted Davenport thanked the Board for allowing him to make his comments. He wanted to learn more about the procedures and processes of the Township and requested the reason for the recent large tax increase. What kind of oversight of that tax base would be going forward so that future tax increases could be recognized in a timely manner? It was explained that Township savings were depleted by several factors including the purchase of new equipment and the increase in everyday expenses. The Board commented that the Township has not raised taxes for several years and that they will be watching their expenditures more closely.
The Board and Solicitor reviewed the following agenda items*:
Gas and Diesel Bid Award -
The following bids were received for gas and diesel:
Farm & Home Oil (diesel fuel only)
Ultra Low Sulfer Diesel Fuel $ 2.847/Gal
Stem Brothers, Inc.
Ultra Low Sulfer Diesel Fuel $ 2.479/Gal
Ultra Low Sulfer Diesel Fuel $ 2.272/Gal
Unleaded Gas (89 Octane) 2.464/Gal
After a short discussion, the Board tabled the bid and requested that the office review pricing on Co-Stars for the above fuel. They will discuss at their January Work Session.
b. Zoning Report – D. Taylor was not in attendance. The Zoning Office requested direction from the Board with regard to an Enforcement Notice for Gartner with regard to the trailers that are located on the property. A motion was made by N. Janyszeski, seconded by A. Santopietro, to proceed with the enforcement action at District Court for the violation on the Gartner Property. The motion carried 5-0-0.
A motion was made by A. Santopietro, seconded by B. Keyser, to accept the January 2010 Zoning Report as presented. The motion carried 5-0-0.
c. *Community Day – Discussion – Resolution – The solicitor, J. Yeager, commented that revised draft Resolutions have been presented to the Township by N. Fox, attorney for the Community Day Association. He advised the Board of the updates for the ‘Transfer of Property to the Association’ and ‘Grant of Authority for Operations for Community Day’ Resolutions that were presented to the Board. A motion was made by C. Bahnck, seconded by B. Sadow, to adopt Resolution #1-20-2010 for the ‘Grant of Authority to Nockamixon Community Day Association, Inc.’ to assume all operations of the annual Nockamixon Community Day.
The motion carried 5-0-0. The Board scheduled the Community Day Association for the February 25, 2010 Work Session. The Committee members, J. Litzenberger and H. Gawronski, requested permission from the Board to enter the containers at Hidden Valley. The Board approved. The Committee thanked the Board members. A motion was made by N. Janyszeski, seconded by A. Santopietro, to table the ‘Transfer of Property to the Association’ resolution until the February 25, 2010 Work Session. The motion carried 4-0-0.
d. Emergency Management – E. Mocarsi, Member, gave the report to the Board. Officers will remain the same for 2010. It was noted that all Supervisors are to be NIMS qualified and arrangements will be made for B. Sadow to take courses.
e.Environmental Advisory Committee – A motion was made by B.Keyser, seconded by A. Santopietro, to re-instate Alana Balogh to the EAC. The motion carried 3-0-2 with C. Bahnck and B. Sadow voting nay. J. Petersen, Co-Chair, gave the report to the Board. He and S. Donovan will serve as co-chairs. The committee requested joint work sessions with the Board and Planning Commission for a Riparian buffer educational seminar with P-Hydro. A Work Session was scheduled for April 22, 2010.
f. BNT Ground Water Committee – Critical Water Planning Area
Designation Request (CWPA) – S. Donovan, member, gave the report. They requested permission from the Board to pursue a CWPA designation request for certain areas in Nockamixon Township through the PADEP. At this time, the Township does not fit the criteria, but he is hoping that DEP will change the definition. They are awaiting responses from Bridgeton & Tinicum Townships to move forward. The Board commented that this will be reviewed at their February Work Session – He also discussed the installation of a stand-alone monitoring system to reflect any changes to the stream (Rapp Creek). They requested that this be installed at least one year prior to any gas drilling. No action was taken by the Board.
g. Open Space Committee–Executive Session– Will be held at the end of the meeting.They will hold their reorganization meeting on Monday, January 25, 2010.
h. Recreation Board – T. Keebler, Chairman, gave the report. He requested permission to purchase and replace four swing seats at Veteran’s Park at a cost of $442.00/each. A motion was made by A. Santopietro, seconded by B. Keyser, to purchase four swing seats for Veteran’s Park, contingent upon checking with Co-Stars, at a cost not to exceed $500.00. The motion carried 5-0-0.
i. Nockamixon Historic Commission – T. MacFarland, gave the report to the Board.
N. Jesiolowsi will serve as Chair, T. Fritz, Vice Chair and M. Shafer, Secretary. They are continuing their review of one-room schoolhouses in the Township.
j. Treasurer’s Report
K. DeLuca gave the Report. He welcomed the new Supervisors.
-All quarterly and annual reports are complete and ready to be mailed out. W-2’s and 1099’s will be completed next week.
-The signed Local Services Tax agreement from Berkheimer Tax Administrators has been received.
-A resident stopped by the office to inform us that the Abitibi paper retrievers, those green recycle bins at St. John’s, Durham-Nox School, PHS and the Bus yard, supply recycle credits. We collect that information from the local refuse companies each year while preparing the recycling report for the County. We can supply the credits from Abitibi to the Township’s totals. I need permission to contact the schools and St. John’s and ask if they would contact Abitibi to request annual reports to us, we cannot do this directly Abitibi has contracts with the school, not us. A motion was made by N. Janyszeski, seconded by C. Bahnck, to have K. DeLuca contact the surrounding schools with Abitibi paper recycling bins requesting them to send the Township their annual recycling reports.
The motion carried 5-0-0.
-For the Month of December, the Zoning Officer/Building Inspector collected $5,502.70 in fees, while billing the Township $4,824.00 for their services.
-The 2009 ICC code books have arrived and are in the Zoning Officers office. They are available to the public but, are not to leave the Township Building.
-Included in this month’s bill list: $151,668.04 for the Fleck Easement closing.
-Bills being presented tonight: General Fund $29,941.26; Escrow Fund, $2,746.09; State Fund, $4,447.26; Open Space Fund, $153,969.04
Transfers requested: $153,969.04 from Open Space Fund to General Fund and $8,000 from High Yield Money Market to the General Fund.
A motion was made by C. Bahnck, seconded by B. Sadow, to approve the January 20, 2010 Treasurer’s Report as presented. The motion carried 5-0-0.
A motion was made by A. Santopietro, seconded by B. Keyser, to approve the January 20, 2010 Bill List as presented. The motion carried 5-0-0.
A motion was made by B. Sadow, seconded by N. Janyszeski, to transfer $153,969.04 from the Open Space Fund to the General Fund and $8,000.00 from the High Yield Money Market to the General Fund. The motion carried 5-0-0.
a. B. Erhardt & Spadaccino TMP# 30-8-125-1 & 125-2 – Lot Line Change-Board Signature – need motion to sign. A motion was made by B. Sadow, seconded by A. Santopietro to sign the lot-line plans for the Erhardt/Spadaccino TMP# 30-8-125-1 & 125-2. The motion carried 5-0-0.
a. Tour of Gorham Property – Date & Time – Board & Planners – The Board approved a tour of the Gorham Property on Saturday, February 6, 2010 at 9:00 AM. All parties will meet at Veteran’s Park.
b. Hutchinson, Gillihan & Freeh – Auditor Fees – Discussion - A letter was sent out to the auditors, at the Board’s direction, requesting a reduction in the cost of the audit. A response was received from the auditors and they will reduce the cost of the audit to $7,000.00, if the Board agrees to file an extension with the DCED to file the return after April 15 th. A motion was made by N. Janyszeski, seconded by B. Keyser, to use Hutchinson, Gillahan & Freeh, P.C. for the 2010 Audit at a cost of $7,000.00 and agreed to file the extension with the DCED.
The motion carried 5-0-0.
c. Tax Collector Compensation – Discussion – Resolution – The Solicitor, J. Yeager, commented that the Board at a prior meeting authorized their office to prepare a resolution declaring the Township’s support for elected municipal tax collectors in the appeal by certain local school districts to unfairly reduce the tax collector’s compensation. This resolution is a statement of support for the tax collectors. It does not commit the Township to any expenditure of resources. N. Janyszeski entertained that as her motion for Resolution #1-20-2010A, seconded by B. Keyser. The motion carried 5-0-0.
At a prior meeting, the Solicitor was requested to research, due to the significant increase in taxes, whether the Township could impose different rates on real property taxation based on the limited income of residents. Create an exemption for low-income residents. It was noted that the Township does not have that authority. The State Constitution requires uniformity of tax rates which is set by the Legislators. There are no laws based on economic status. -- His office sent correspondence to the Solicitor of Bucks County with regard to the status of the Hidden Valley Landfill, as well as a Right-To-Know request. There has been no response as of today and he suggested that the Board waits another month for a reply. J. Yeager left the meeting at 8:50 P.M. The Board continued the meeting with the Road Report.
d. PSATS – 88 th Annual Conference & Trade Show – Motion – A motion was made by A. Santopietro, seconded by B. Keyser, to have N. Janyszeski attend the PSATS 88 th Annual Conference and Trade Show April 18 th thru April 21, 2010.
The motion carried 5-0-0.
a. Building Keys – A motion was made by N. Janyszeski, seconded by A. Santopietro, to change the locks on the office door only at a cost not to exceed $150.00. The motion carried 5-0-0.
b. Advent Security – Update contacts – It was the consensus of the Board to have the Secretary send correspondence to Advent Security updating the names of Board contacts for Emergency Calls.
c. B.C. Open Space Program – Draft Trail System - Review – The Board will review at their January Work Session.
d. BCATO – Annual Convention – Saturday, February 20, 2010 – Attendees – The Secretary commented that no information has been received by the office at this time regarding the cost. It was noted the Convention will be a breakfast and the cost will be less than previous years. N. Janyszeski will attend the convention.
e. 2010-2012 Household Hazardous Waste Collection Program – Discussion – It was noted by A. Eichlin that this is a three-year commitment, based on the census of the Township. Annual payment $552.30; three-year payment $1,656.90. A motion was made by N. Janyszeski, seconded by B. Keyser, to expend the amount of $552.30/Annually for a total of $1,656.90 for a three year contract for the 2010-2012 B. C. Household Hazardous Waste Collection Program. The motion carried 5-0-0.
f. U.S. Census – Request for use of Meeting Room – It was the consensus of the Board to allow the U.S. Census use of the meeting room to hold training sessions.
A motion was made by, A.Santopietro, seconded by B. Keyser, to accept the Solicitor’s Report as presented. The motion carried 5-0-0.
At 9:55 P.M. the Chair, N. Janyszeski commented that the Board would meet in an Executive Session to discuss Real Estate.
At 10:35 P.M. the Chair, N. Janyszeski commented that the Board met in an Executive Session to discuss Real Estate.
A motion was made by A. Santopietro, seconded by B. Sadow, to move forward with Property #8. The motion carried 5-0-0.
A motion was made by A. Santopietro, seconded by B. Sadow, to adjourn the Board of Supervisors meeting at 10:37 PM. The motion carried 5-0-0.
Arlene E. Eichlin