MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
March 17, 2010
The regular scheduled meeting for March was held on March 17, 2010 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:33 P.M. 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.
Chair J. Janyszeski commented that the Board would meet in Executive Session to discuss Real Estate at 7:35 P.M.
Chair J. Janyszeski commented that the Board met in Executive Session to discuss Real Estate until 7:56 P.M.
A motion was made by N. Janyszeski, seconded by B. Keyser, to move forward with the Gorham Property with the expectation of creating an Environmental Observation Facility. The motion carried 5-0-0.
MINUTES OF MEETING:
A motion was made by C. Bahnck, seconded by B. Keyser, to approve the February 17, 2010 minutes as presented. The motion carried 5-0-0.
-Henry Gawronski asked the purpose of making the Gorham property an environmental facility. The Board commented that there is discussion at this time. Additional information will be forthcoming.
-Bill Schick, Ottsville Volunteer Fire Company, would like to start the process with Nockamixon Township to build a fire station to bring fire protection closer to the area. No property has been acquired and they have no building plans currently. They are seeking Township feedback and, in addition, requested the appointment of a Board liaison and/or township residents to the committee formed by the Fire Company. They have given themselves a two-year timeframe to process this project. Copies of the 1990 “Bucks County Community Facilities: Emergency Services” booklet were given to the Board to review. Their next committee meeting will be Monday, April 5, 2010 @ 7:30 P.M. at the Ottsville Fire Station. All are welcome. They will be scheduled for the April agenda.
-Chris and Stephanie Fox, Old Schoolhouse Way, requested Township rules and regulations for driving ATV’s on Township property. He commented about the problems he is experiencing with a resident who rides an ATV on both his and Township properties on a regular basis. After a lengthy discussion the Board directed the Road Crew to install additional signage on both Township properties located on Old Schoolhouse Way. A motion was made by A. Santopietro, seconded by B. Keyser, to expend up to $100.00 for two signs containing the following verbiage: “no unlicensed ATV’s, motorcycles or snowmobiles allowed”. The motion carried 5-0-0.
REQUEST TO BE ON THE AGENDA:
a. Fox-Rothschild – Parkview Estates Lot #2 – Carrie Nase, Attorney from Fox-Rothschild, as well as the applicant and owner, Joe Gartner, attended the meeting. She commented that the property owner received a building permit to construct a single family dwelling on Lot #2 of Parkview Estates. It was to be served by an on-lot spray irrigation system. The B.C. Dept of Health issued their permit last fall and that 90% of the system has been completed. Inclement weather prevented completion of the system. A temporary use permit was issued by the Dept. of Health until July 1, 2010 to use the system as a holding tank. She referred to letters that had been received from the Nockamixon Township Zoning Officer one of which rescinded any approval of occupancy. After reading excerpts from Chapter 168 of the Zoning Ordinances, she requested that the Township rescind the Zoning Officer’s letter of January 15, 2010. The Ordinance does allow for a temporary holding tank and the procedures to follow. It includes the completion of an on-lot sewage system within six months of issuance. It was noted that currently there is no buyer for the property. A lengthy discussion continued between the Board and the applicant. J. Gartner commented that he believes he has been ‘harmed’ by the Township by not issuing the temporary use permit. An agreement of sale had been signed in January by the applicant with a perspective buyer. A motion was made by B. Keyser, seconded by A. Santopietro, to follow the recommendation of the Township Solicitor and deny the permit. The motion carried 3-2-0 with C. Bahnck and B. Sadow voting nay.
a. ROAD REPORT – Roads for Tar & Chip – Discussion
Lonely Cottage Rd. Bridge over Beaver Run – Repairs - Discussion -A motion was made by N. Janyszeski, seconded by A. Santopietro to approve sections of the following roads for Tar & Chip: Traugers Crossing Road, School Drive, Park Drive West and Quarry Road for a total of 4.14 miles. The motion carried 5-0-0.
A motion was made by A. Santopietro, seconded by C. Bahnck, to approve the February Road Report as presented. The motion carried 5-0-0.
A motion was made by C. Bahnck, seconded by B. Sadow, to grant permission to the Secretary to advertise for the Tar & Chip in the newspaper of record for the Township. The motion carried 5-0-0.
The Board and Road Master discussed the Lonely Cottage Road Bridge. The recommendation was that the bridge repairs should be maintained including blasting and painting of the girders along with minor erosion. New weight limit signs have been installed. The Board discussed several ways to proceed including the timeline and what repairs can be done in house. The Board directed the Engineer to follow up, inspect the bridge, and advise the Township.
-N. Janyszeski commented prior to committee reports -- It has been discussed that when strong positions are being taken by persons, this is not being done as an ‘official representative’ of Nockamixon Township.
b. Zoning Report – D. Taylor, Zoning Officer, was not in attendance. -- A motion was made by B. Sadow, seconded by C. Bahnck, to approve the March 11, 2010 Zoning Report as presented. The motion carried 5-0-0.
c. Emergency Management – No members in attendance.
d.Environmental Advisory Committee – J. Petersen, co-chair, gave the report. He requested a follow-up to the meeting with Bucks County Personnel from the General Services Dept. The list of responses will be given to the EAC. The EAC requested approval from the Board to send a letter of support to the State ‘to institute a moratorium on the leasing of state forest land for drilling purposes and to favor a severance tax on Marcellus Shale natural gas extraction to generate revenue’ from either the EAC or the Board of Supervisors. The Board took no action on the request. They are scheduled for the April 22, 2010 Work Session – Riparian Buffer Educational Seminar.
e. BNT Ground Water Committee – S. Donovan, member, gave the report. He requested rescheduling the Work Session cancelled due to the inclement weather. The Board noted that agenda/discussion/presentation items should be forwarded to the office prior to any Work Sessions. No Work Session was scheduled.
f. Open Space Committee – E. Chapman, co-chair, gave the report. She requested an Executive Session. The Board will meet in ExecutiveSession later in the meeting. The Open Space meeting will be held Monday, March 22, 2010. E. Chapman has registered for the PALTA Conference. Funding and payment of bills will be discussed at the April 22, 2010 Board of Supervisors Work Session.
g. Recreation Board – No report. No members in attendance. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve the Star Gazing event for Saturday, May 15 and Saturday, July 17, 2010 from 8:00 to 11:00 PM. Rain date to be the following day Sunday, May 16 and Sunday, July 18, 2010. The motion carried 5-0-0.
h. Nockamixon Historic Commission – Tom Schweder – Resignation - No members were present. It was noted that letters have been sent to the Nockamixon Historical Society. They are awaiting a response.A letter of interest was received today from Bruce Young for appointment to the Nockamixon Historic Commission. A motion was made by N. Janyszeski, seconded by A. Santopietro to appoint Bruce Young to the Nockamixon Historic Commission to complete the unexpired term 1/1/2011 of Anne Lyons. The motion carried 5-0-0.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to accept the resignation of Tom Schweder from the Nockamixon Historic Commission. The motion carried 5-0-0.
i. Treasurer’s Report
Keith DeLuca gave the Report.
-The 2009 end of year reports have all been submitted.
-The Township has received its 2010 State Fund Allocation. The State released these funds early this year to help townships deal with high snow removal costs. The amount the Township received this year is $125,892.79.
-On this month’s bill list is Tinicum Township’s request for payment from Nockamixon to reimburse them for a share of the Workman’s Compensation Insurance policy for the Ottsville Fire Company. Our share would be $2,502.00. We have not been billed since 2004. The Board requested that the payment not be made and directed Keith to contact Tinicum Township for additional information.
-Since we are beginning to receive property tax revenues for 2010, with Board permission he would like to initiate a new procedure to mail the fire company’s checks on a monthly basis for their allocation of the dedicated 2 mils.
-The Township’s 22-month CD will mature on March 28 th. First Savings does not offer 22-month CD’s any longer. He checked rates at several local banks and First Savings have the best rates available. My suggestion would be to ladder the CD’s. That would require dividing the current dollar amount by four and purchasing CD’s with different maturity rates. We would purchase 18, 24, 30 and 36 month CD’s.
-Arlene and Keith participated in a tele-conference March 16 th with PennBid. PennBid allows townships to solicit bids electronically. We were both very impressed. A number of surrounding townships, including Tinicum and Doylestown, are currently using this service. There is no cost to the Township. It was the consensus of the Board to have the Solicitor review the contract.
-He has received estimates from four Document Management Services companies to scan all the Township’s documents. The prices range from $17,000 to $48,000, he is not surprised that the cost would be this high once he understood what was involved with this process. That said, it is not a practical solution. However we must develop a plan to modernize our current form of document management. The Board commented that this would be discussed at the March Work Session.
-He also had several HVAC contractors in to evaluate and give estimates on replacing the Township Building’s current heat pump system. They all agreed that they system is failing and would need to be replaced in the very near future. They have submitted estimates which are all in the $7,000 range. Schedule for discussion at the March Work Session.
-The township’s insurance contracts are up for renewal in May. He is in the process of receiving bids which he will present to the Board in April.
-He requested permission to sign and return a copy of the completed Act 205 Actuarial Valuation Report to PMRS. Also the 2009 PURTA report is ready to be submitted electronically.
-There is a mandatory meeting for all CDBG grant recipients on March 31, 2010 @ 8:30 A.M. at the County offices in Doylestown. He is the contact person for the grant. It was the consensus of the Board for Keith to attend this meeting.
-For the month of February the Zoning Officer/Building Inspector collected $1,379.00 in fees, while billing the Township $5,285.00 for their services.
-Bills being presented tonight: General Fund $38,785.58 (minus $2,502.00 to Tinicum); Escrow Fund, $1,708.87; State Fund, $10,650.75; Open Space Fund, $585.00 and Recreation Fund, $442.00
-Transfers requested: $585.00 from Open Space Fund to General Fund and $442.00 from the Recreation Fund to the General Fund.
-A motion was made by C. Bahnck, seconded by B. Keyser, to approve the February 17, 2010 Treasurer’s Report and the Bill List minus the check for Tinicum in the amount of $2,502.00 (Worker’s Comp-Fire Fighters). The motion carried 5-0-0.
-A motion was made by C. Bahnck, seconded by B. Sadow, to transfer $585.00 from the Open Space Fund to the General Fund and $442.00 from the Recreation Fund to the General Fund. The motion carried 5-0-0.
a. George Hoffman Sub. – TMP# 30-11-164-2; -164-3 & -164-5 –Grants extension to May 30, 2010.
b. Anne Marie Morton Sub. – TMP# 30-13-5 – Grants extension to June 30, 2010. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve the extension for the George Hoffman Sub, TMP# 30-11-164-2; -164-3 & -164-5 until May 30, 2010 and, in addition, the Anne Marie Morton Sub TMP# 30-13-5, until June 30, 2010. The motion carried 5-0-0.
c. Park View Estates Sub – TMP# 30-14-10 – Applicant requested deferral of driveway entrance paving until weather conditions permit. A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve deferral (waiver) of driveway entrance paving until weather conditions permit (Lot #1). The motion carried 5-0-0. J. Gartner commented that he represented the bank and also requested release of escrow to the subcontractor who performed the work per the Wynn Associates letter of February 24, 2010. A motion was made by N. Janyszeski, seconded by B. Sadow, to approve the release of escrow (letter of credit to the bank) based upon receipt from S. Baluh of Wynn Associates authorization for release of that money. The motion carried 5-0-0.
The Board acknowledged receipt of the extension.
RELEASE OF ESCROW:
a. Lake Warren Sub. – TMP# 30-13-70 – Voucher #2B in the amount of $48,206.46 payable to Gartner Building Group – Acceptance of Completion – Direct Solicitor to prepare Resolution accepting dedication of Wood Stream Lane.
- A motion was made by C. Bahnck, seconded by B. Sadow, to release escrow for Lake Warren Sub. TMP# 30-13-70, Voucher #2B, in the amount of $48,206.46 payable to Gartner Building Group. The motion carried 5-0-0.
– A motion was made by C. Bahnck, seconded by N. Janyszeski, to accept the completion of the Lake Warren Sub TMP# 30-13-70. The motion carried 5-0-0.
- A motion was made by C. Bahnck, seconded by B. Sadow, to direct the Solicitor to prepare a Resolution accepting dedication of Wood Stream Lane.
The motion carried 5-0-0.
a. Clean-Up Day, April 24, 2010 – Update – A. Eichlin commented that she has contacted the following vendors for Clean-Up Day: Allied Waste, T.M. Lyons, and Swamp’s Auto. There will be no electronics recycling this year. She is seeking volunteers to make phone calls to residents for road clean-up.
b. Community Day Committee – Resolution – Discussion – N. Fox, attorney for the applicant, discussed the outstanding items including but not limited to: a logo for Community Day, a new logo has been acquired by the Committee; inventory list presented by the liaison for Community Day; transfer of funds, and the Resolution with the Board. The inventory list included items that will be retained by the Township including, but not limited to, two tents, generators and a large storage container. The Township will retain escrow funds from the Community Day Account in the amount of $5,000 for the DCED Grant and $500 for legal bills. The Community Day Committee left the meeting room at 9:46 P.M. to discuss the requests of the Board. The Committee returned to the meeting at 10:07 P.M. and N. Fox commented that the Community Day Committee Association, Inc. would like to accept the motion as stated by the Board for Resolution #3-17-2010, The motion was made by A. Santopietro, seconded by B. Keyser to approve Resolution #3-17-2010. The motion carried 5-0-0. J. Litzenberger thanked the Board. - - A motion was made by N. Janyszeski, seconded by B. Keyser, to release all the money in the Community Day Committee Association, Inc. 501(C)3 account except for $5,500. A check will be available at the next Board meeting. The motion carried 5-0-0.
c. Gorham Property – Update – Discussed earlier in the meeting.
a. Seminar-Bucks County Municipal Officials Wed. March 31, 2010 - B.C. Community College Time – 5:00-8:30 PM – Attendance. C. Bahnck commented that he would like to attend. A. Eichlin requested permission for Planner, C. Hall, to attend the seminar. It was the consensus of the Board to approve C. Bahnck and C. Hall as attendees to the Seminar. B. Sadow will contact Planners.
b. Genesis Adventures – request for acknowledgement letter of their presence Saturday, September 11, 2010 – A motion was made by A. Santopietro, seconded by B. Keyser to direct the Secretary to send a letter to Genesis Adventures acknowledging their presence on Saturday, September 11, 2010 and access to Nockamixon Township roads. The motion carried 5-0-0.
c. Green Building Ordinance – The Planners adopted a motion recommending that the BOS adopt a Resolution promoting use of U.S. Green Building Council LEED certification –Municipal and Private construction within the Township – Direct Solicitor to prepare Resolution. - A motion was made by B. Sadow, seconded by N. Janyszeski, to authorize the Solicitor to prepare a Resolution promoting the use of the LEED Certification Program for Municipal and Private construction within the Township. The motion carried 5-0-0.
d. Code of Ordinances - Update – The Code of Ordinances will be updated by office personnel. A. Eichlin commented that she took some time to merge the updated information from Keystates into the Code of Ordinance books. Included with the updates is a form to be initialed when complete. The Board agreed that office personnel could update the books when the office is being painted.
e. Zoning Ordinance (CD’s) – Purchase Price – Keith will contact Keystates Publishers Inc. to find out the cost to purchase the zoning ordinance on CD’s . The Board will address at their March Work Session. A motion was made by N. Janyszeski, seconded by B. Keyser, to purchase twenty-five (25) hard copies of Chapter 234 of the zoning ordinances at a cost of $13.20/each. The motion carried 5-0-0.
f. Building Maintenance – A motion was made by N. Janyszeski, seconded by A. Santopietro, to expend up to $150.00 to purchase of paint and spackle for the Township meeting room, foyer and office. The motion carried 5-0-0.
g. 2010 Census Classes – Discussion – It was noted by the Chair, N. Janyszeski, that classes will be held in the Township meeting room on Tuesday, March 23, 2010 from 1:00-4:00 PM for anyone interested in attending. Applications are in the foyer.
h. Historical Society – Concert Insurance Coverage – Discussion – There will be no cost to the Township.It was noted thatThe Historic Commission is waiting for a response to their letters asking for an ‘inventory of knowledge’.The Board tabled until the April meeting.
i. Fourth Annual PCF 5K Challenge – Board Approval – A. Eichlin commented that no information had been received. The Board tabled until the April meeting.
-N. Janyszeski commented that a revised Covenant for the Superfund Site will be addressed at the April meeting.
-A. Eichlin requested permission from the Board to review bills that were received after July 1, 2007 pertaining to the containers purchased with the DCED Grant. It was the consensus of the Board to proceed and to document the hours devoted to searching for invoices.
At 10:18 P.M. Chair, N. Janyszeski, commented that the Board would meet in Executive Session to discuss Real Estate.
At 10:37 P.M. Chair, N. Janyszeski, commented that the Board met in Executive Session to discuss Real Estate.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to adjourn the Board of Supervisors meeting at 10:38 PM. The motion carried 4-0-0. B. Sadow was not in the meeting room.
Arlene E. Eichlin