MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS MAY 19, 2010 The regular scheduled meeting for May was held on May 19, 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: Vice-Chair B. Keyser and Supervisors, A. Santopietro and C. Bahnck. Member absent: Supervisor Wm. Sadow. Also in attendance: Solicitor, J.B. Yeager, Secretary A. Eichlin and Treasurer K. DeLuca.
Chair, N. Janyszeski commented that repair work to Center Hill Road is scheduled to begin on Friday, May 28, 2010.
SCHEDULING: Chair N. Janyszeski reviewed the schedule.
MINUTES OF MEETING: A motion was made by C. Bahnck, seconded by B. Keyser, to approve the March 17, 2010 minutes as presented. The motion carried 4-0-0.
A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve the March 25, 2010 Work Session minutes as presented. The motion carried 4-0-0.
A motion was made by B. Keyser, seconded by C. Bahnck, to approve the April 26, 2010 Special Meeting minutes as presented. The motion carried 4-0-0.
PUBLIC COMMENT: - Nancy Janyszeski, Chair, addressed the changes to the agenda. -Glenn Neebe thanked the Road Crew for the excellent job they did when they repaired Tower Road. -Henry Gawronski thanked them for their repair work to Tower Road. He commented that all Community Day items have been removed from the township container at Hidden Valley.
STAFF REPORTS:
A motion was made by A. Santopietro, seconded by B. Keyser, to approve both the March and April 2010 Road Reports as presented. The motion carried 4-0-0. -BID AWARDING: – Award for Tar & Chip Contract Ads for the installation of approximately 44,000+/- square yards of double bituminous seal coat with E-3M ran in the Daily Intelligencer on Friday, April 16 and Friday April 23, 2010. Bids could also be submitted on-line to www.PennBid.net. Unit Price Total Price Asphalt Maintenance Solutions, LLC $2.44 sq.yd. $107,360.00 This was the only bid received. A motion was made by A. Santopietro, seconded by B. Keyser, to award the seal coat bid to Asphalt Maintenance Solutions LLC for 44,000 plus or minus square yards of the double application bituminous seal coat with E-3M at a unit price of $2.44/square yard, a total price of $107,360.00. The award is conditional upon receipt of payment and insurance bonds in accordance with contract specifications from Asphalt Maintenance Solutions, LLC. The motion carried 4-0-0.
-Thank you letter – Diamonds – N. Janyszeski read the letter received from the Diamonds thanking the Road Crew for their timely repair/maintenance to Tabor Road.
b. Treasurer’s Report: Keith DeLuca gave the Report to the Board. -On April 27 th he met with the representative from Abitibi (Paper Retriever). He signed an agreement with them to place a container in the Township parking lot. The container will be placed in May. We will receive payments from them dependent upon the volume of paper collected. He contacted three recycling contractors for prices on recycle containers: Allied Waste, Holland and Chrin. Allied Waste responded and has the capability to furnish us with containers. They can place a 4-yard container for cardboard and an 8-yard container for mingled recyclables for $99.00 per month, picked up on a bi-monthly basis. The Township currently pays $492.90/ month for its present service. That represents a savings of $4,726.80 per year. A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve three recycling containers (paper, cardboard and mingled) to be picked up bi-monthly. The Township will be reimbursed on a monthly basis for the recycled papers only. The motion carried 4-0-0. -The Township currently has traffic lights at four intersections, totaling 116 lights. 60% of those are LED which have a life span of 7 to 10 years and use about 10 watts each, the cost per unit is $100.00. The remaining 40% are incandescent, use 116 watts are are rated in hours. The incandescent bulbs are $10.00 apiece, but to replace them cost the Township $125.00 each. We replace on the average of 8 per year. The savings in using LED’s are 80%; our cost per intersection is $110.00. Our LED intersection is $20.00 month. He proposed setting up a schedule to replace the existing incandescent lights over the next two to three years. In the long run it will save the Township both in replacement costs and in electric bills. They are also safer since it is a brighter light. I spoke with Steve Baluh and he suggested replacing the blinking lights also. A motion was made by N. Janyszeski, seconded by B. Keyser, to encourage replacing the incandescent traffic signal lights with LED lights as necessary and to schedule the replacement of all the signal lights over the next few years. The motion carried 4-0-0. -The Fleck closing is tentatively scheduled for May 28 th. The cost will be less than originally stated. We can either cut a new check when he receives the updated cost or use the previously check cut and the title company will refund the difference. K. DeLuca requested permission from the Board to issue a check in the amount of $147,624.68. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve an out-of-meeting check in the amount of $147,624.68. The motion carried 4-0-0. -On May 20 th, he had a meeting with Dr. and Mrs. Funke in regards to the check issued to them by the Township to close their escrow account. They argued that they had deposited more than we showed in our records. Mrs. Funke furnished me with copies of cancelled checks equaling $2,900.00 paid to the Township on May 5, 2001. I researched and found deposit slips reflecting those checks. How should he proceed? J. Yeager suggested that the Board make a motion to revise the amount previously released by the Township. He added that the Township should prepare a simple release stating the amount and advising the account is settled. A motion was made by N. Janyszeski, seconded by A. Santopietro, to release additional funds in the amount of $2,900.00 based on the records (deposit slips) along with a release form advising that the escrow account is settled with Dr. and Mrs. Funke. The motion carried 4-0-0. -For the billing period of April 5 th to April 30 th, the Zoning Officer/Building Inspector collected $2,462.05 in fees, while billing the Township $5,425.00 for their services. -Bills being presented tonight: General Fund, $25,745.73; Fire and EMS Tax Distribution $83,374.36; Escrow Fund, $1,524.59; State Fund, $614.89 and Open Space Fund, $1,548.50. -Transfers requested: $1,548.50 from Open Space Fund to General Fund and $100,000.00 from the General Fund to the High Yield Money Market. A motion was made by N. Janyszeski, seconded by A. Santopietro, to transfer $1,548.50 from the Open Space Fund to the General Fund. The motion carried 4-0-0. -A motion was made by N. Janyszeski, seconded by B. Keyser, to transfer $100,000.00 from the General Fund to the High Yield Money Market. The motion carried 4-0-0.
The Board noticed a discrepancy in the correspondence from the Bucks County TCC and requested that a letter be sent requesting clarification of the weighted EIT Collection. A. Santopietro requested that the $405.00 check be excluded from the bill list. A motion was made by C. Bahnck, seconded by B. Keyser, to approve the May 19, 2010 the Bill List minus the check for Bucks County Tax Collection Committee (TCC) in the amount of $405.00. The motion carried 4-0-0. -A motion was made by C. Bahnck, seconded by N. Janyszeski, to pay the Bucks County TCC invoice in the amount of $405.00. The motion died 2-2-0 with A. Santopietro and B. Keyser voting nay. The Board tabled until the June Meeting. The Board directed the Treasurer to send a letter to the Bucks County TCC requesting clarification for the difference in the two percentages shown in their correspondence.
SOLICITOR’S REPORT: -Hanson Aggregates BMC Procedural Challenge - J. Yeager commented that the procedural challenge with Hanson Aggregates, BMC (Quarry) has been argued and a final Court decision handed down. The Ordinance was upheld by the Court. The quarry owners have thirty days to appeal the decision to Commonwealth Court. -Tower One Partners – J. Yeager commented that Tower One Partners is a company that enters into agreements with municipalities to generate revenue by installing cell towers on municipal land. Discussions have been held with Tower One and terms have been negotiated for a potential agreement for the Township to enter into. Representatives of Tower One Partners in attendance were Nicholas Pullen, Principal and Lawrence Romanowski, Principal who presented an overview of their company to the Board. N. Pullen discussed the following items including, but not limited to: bridging the gap between wireless carriers and municipal governments; marketing proactively municipal parcels of land appropriate for towers; Tower One’s responsibility for all costs including construction and engineering; 40% of the revenues are shared with the municipality ($720-800 per month, per carrier) and ground leases. It was noted that if a private parcel is better suited, both the owner and the Township would benefit by sharing the revenues. The Board requested a recommendation from the Solicitor. The Solicitor noted that there is no cost, will bring added revenues to the Township and, there is greater flexibility in placement of the towers. J. Yeager commented that if the Board is so inclined, entertain a motion to enter into the Communications Tower Development Agreement as negotiated by the Solicitor and authorize its signature. A motion was made by N. Janyszeski, seconded by A. Santopietro, to sign the Tower One agreement that was reviewed and drawn up by the Township Solicitor. The motion carried 4-0-0.
The Board discussed the following agenda items with the Solicitor: - Harrow Station LLC – Senior Housing – Planning Module – Discussion - J. Yeager contacted the Township Engineer for an update on the Harrow Station LLC, Planning Module for Senior Housing. S. Baluh has traditionally been handling communication with the B.C. Department of Health and will continue to do so due to the TCE that has been found in the area. - Lake Warren Sub – Wood Stream Road Dedication – Discussion – It was noted that a resolution has been prepared for dedication however, there are several outstanding issues that need to be addressed. The Board took no action on the resolution. - Green Building – LEED® Certification – Municipal & Residential Construction – Resolution # - The Board at their March meeting directed the Solicitor to move forward with a green building resolution. It states the Township’s preference that green building techniques and LEED® Certification be pursued in municipal and private construction in the Township. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve Resolution #5-19-2010 encouraging the incorporation of sustainable and environmentally responsible green building practices in the construction, renovation, operations and maintenance of property within the Township. The motion carried 4-0-0. -Revere Superfund Site – Restrictive Covenant – J. Yeager commented that discussions have been held with the EPA and responsible and potentially responsible parties for the Revere Superfund Site. The Covenant currently in place is out-of-date and not consistent with current Federal and State Law. The EPA has overseen the revision of that covenant and it is here for approval and signature by the Township. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve the revised Environmental Covenant as presented by the Solicitor, J. Yeager. The motion carried 4-0-0. -Proposed Ordinance – Insurance Pool – PIRMA – direct Solicitor to move forward – Sample language has been forwarded to the Township for a model ordinance for Boroughs, Cities, Counties and Townships to join an insurance pool. He requested authorization from the Board to authorize the Solicitor to prepare and advertise the ordinance for a public hearing at the June Meeting. J. Yeager commented that a motion is needed to advertise the proposed ordinance for the Township to enter into the PIRMA Insurance Pool as reviewed by the Township Solicitor. N. Janyszeski entertained that as her motion, seconded by B. Keyser. The motion carried 4-0-0.
At 9:10 P.M. - N. Janyszeski commented that the Board will meet in Executive Session to discuss litigation. At 9:42 P.M. the Board returned from Executive Session and N. Janyszeski commented that they met to discuss real estate and litigation.
-The Solicitor, J. Yeager, commented that one of the litigation issues is the continuation of the Arbor Resources discussion. He reviewed the permit under the Second Class Township Code and determined that PADEP erred in granting the gas drilling application for Arbor Resources based on the information in the application and based on the extent of the PADEP review. The deadline for filing an appeal to the environmental hearing board was yesterday. The Township has been joined by the Delaware Riverkeeper Network in the filing of the appeal. J. Yeager commented that if the Board is of a mind to entertain a motion to authorize the continuation of the appeal to the Environmental Hearing Board from the PADEP’s grant of the gas drilling permit issued to Arbor Resources for the Cabot Site.B. Keyser entertained that as his motion, seconded by A. Santopietro. The motion carried 3-0-1 with C. Bahnck abstaining. -He further commented that a letter was issued from the Delaware River Basin Commission (DRBC). They made a prior determination that all gas drilling operations needed DRBC permitting and required Arbor to submit for that permitting. Information they received from Arbor indicated that the well would be exploratory, not operational, and DRBC was determining that Arbor did not need DRBC permitting at that time. If it changes from exploratory to operational, a permit would be required. This was determined to be an error and not supported by the DRBC standards. J. Yeager requested a motion, if the Board is inclined, to authorize the Solicitor’s office to pursue a challenge within DRBC over that determination. B. Keyser entertained that as his motion, seconded by A. Santopietro. The motion carried 3-0-1 with C. Bahnck abstaining. The Delaware Riverkeeper Network will join the Township in filing this appeal also. J. Yeager left the meeting at 9:45 P.M.
SUBDIVISIONS: a. John & Patricia Gouck 2-Lot Sub – TMP# 30-3-4-1 – Final Plans P. Dietz of Urwiler & Walter, engineer for the applicant reviewed the plan with the Board. The applicants, John and Patricia Gouck, were also in attendance. P. Dietz and the Board discussed the Wynn Associates Letter dated March 30, 2010. The applicant agreed to the following conditions: fee in-lieu-of dedication of recreation land in the amount of $3,000.00; waivers including, but not limited to, cartway widening, curb and sidewalks subject to payment in-lieu-of improvements in the amount of $4,500.00; no comment is needed from the EAC regarding the Stormwater Plan, it was approved by S. Baluh; authorize the Solicitor to prepare an Operation and Maintenance agreement; BCCD approval has been received; water quality and pump/yield reports have been submitted; PADEP approval received for Sewage Facility Planning Module; driveway entrance construction paperwork for Lot #2 has been submitted; authorize Solicitor to execute Development/Financial Security Agreement. A motion was made by A. Santopietro, seconded by B. Keyser, to grant conditional final approval for the Gouck 2-Lot Sub. TMP# 30-3-4-1, based on the Wynn Associates letter of March 30, 2010. The motion carried 4-0-0. A motion was made by A. Santopietro, seconded by B. Keyser, to accept the waivers, Item #2, in the Wynn Associates letter of March 30, 2010. The motion carried 4-0-0.
b. Hoffman Sub – TMP# 30-11-164-2; -164-3 & -164-5 – requires extension – plan expires 5/30/2010. P. Dietz commented that there has been no response from the applicant regarding the extension. A motion was made by N. Janyszeski, seconded by B. Keyser, to deny the Hoffman Sub TMP# 30-11-164-2; 164-3 & 164-5 if the applicant has not granted an extension by 5/30/2010.
LAND DEVELOPMENT: a. Harrow Station LLD – Senior Housing – Planning Module – Discussion - Discussed earlier in the meeting.
OLD BUSINESS: a. HVAC Contractor – Proposals – Replace Heat Pump – N. Janyszeski commented that four proposals have been received to replace the existing heat pump in the Township Building. They quotes are as follows: Name Total Price Raabe Mechanical $6,830.52 Brinker’s Energy $6,984.00 Cooper Mechanical $7,664.00 Quality Air $7,925.00 All systems are Four-Ton Fifteen Seer Condenser/Air Handler with a 15kw backup heat package.A motion was made by N. Janyszeski, seconded by A. Santopietro, to award the contract to Raabe Mechanical to replace the Township’s existing heat pump system with a Four-Ton Fifteen Seer Condenser that includes aFive-year warranty from installation date for all parts and labor. The motion carried 4-0-0.
b. Ottsville Volunteer Fire Company – Nockamixon Township Substation – Discussion – There was no on in attendance.
c. Lake Warren Sub – Wood Stream Road Dedication – Discussion - Discussed earlier in the meeting.
d. Green Building – LEED Certification – Municipal & Residential Construction – Resolution # 5-19-2010. Discussed earlier in the meeting.
e. Act 32 – B.C. Tax Collection Committee – Discussion – Resolution. It was the consensus of the Board to table.
f. DCED Grant – Update – Container – The necessary paperwork has been found and submitted to the DCED office.
NEW BUSINESS: a. SECTV–Upgrade to Cable Service Report – N. Janyszeski commented that she will follow up with T. Himmelwright. We are in receipt of an e-mail from P. DiFilippo who thanked the cable company for their quick response repairing the cable lines after the power outages earlier this month.
b. Revere Superfund Site–Restrictive Covenant – Discussed earlier in the meeting.
c. BCCD–Memorandum of Understanding (MOU)–Discussion– No action taken by the Board.
d. Proposed Ordinance–Insurance Pool–PIRMA–Direct Solicitor to move forward – Discussed earlier in the meeting.
COMMITTEE REPORTS: a. Zoning Report – D. Taylor, Zoning Officer, was not in attendance. The Board discussedthe ZoningReport. They requested that the deadline for compliance of the Gill Property be extended until the June Board meeting. The Secretary will advise the Zoning Officer.
b. Emergency Management – No members in attendance. N. Janyszeski commented that Emergency Management requested an update to their Emergency Operations Plan (EOP). It was noted that names were contained in the May 2010 Plan. It was the consensus of the Board to have the Secretary return the EOP to Emergency Management and request that all names be removed.
c.Environmental Advisory Committee – The report was received from the committee. J. Petersen, Co-Chair, addressed action items including, but not limited to: Hidden Valley Status; joint Work Session with the Board; quarry permitting status. N. Janyszeski commented that it is up to the County to schedule Hidden Valley Inspections. A joint Work Session was tentatively scheduled for Thursday, June 24, 2010 at 7:30 P.M. The Board did not comment on the Quarry permit.
d. BNT Ground Water Committee – No Report.
e. Open Space Committee – The report was received from the committee. S. Tenney, co-chair, addressed action items. The May 24, 2010 Open Space meeting has been rescheduled to Thursday, May 27, 2010. The Annual Upper Bucks Open space Fest will be held on Thursday 7/27/2010.
f. Park & Recreation Committee – No Report.
g. Nockamixon Historic Commission – Appointment J. Logan – 1/1/2012 – A letter of interest was received from Jim Logan. A motion was made by N. Janyszeski, seconded by B. Keyser, to appoint J. Logan to the Nockamixon Historic Commission, term to expire 1/1/2012. The motion carried 4-0-0.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to adjourn the Board of Supervisors meeting at 10:15 PM. The motion carried 4-0-0.
Respectfully Submitted,
Arlene E. Eichlin Recording Secretary |