JULY 21, 2010

The regular scheduled meeting for July was held on July 21, 2010 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:35 P.M. with a salute to the flag. Other members present: 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.



-A motion was made by A. Santopietro, seconded by B. Keyser, to approve the June 16, 2010 minutes as presented. The motion carried 5-0-0

-A motion was made by Wm. Sadow, seconded by C. Bahnck, to approve the June 24, 2010 Work Session minutes as presented. The motion carried 4-0-1, with A. Santopietro abstaining. He did not attend the meeting.


PUBLIC COMMENT: There was no public comment.


PUBLIC HEARING:Proposed Historic Commission Ordinance – Preserving Historic Resources within the Township.

The Solicitor, Jordan B. Yeager, opened the public hearing for the proposed Historic Commission Ordinance at 7:40 P.M. He commented that the Board had approved advertising the proposed Ordinance at their meeting of June 16, 2010. He distributed an exhibit packet to the Board and public which included: the advertised draft of the ordinance, copy of the proof of June 17, 2010 advertisement from the Intelligencer; a copy of the advertised legal notice posted at the Township Building; proof of filing with the Bucks County Law Library and a certificate of posting signed by the Township Secretary. This ordinance incorporates into ordinance form the same provisions adopted March 2008 by Resolution. The Solicitor opened the Hearing to public comment. J. Macfarlan commented that it was a great idea. The Solicitor closed the hearing at 7:44 P.M. J. Yeager commented that the ordinance has been advertised consistent with the law and if the Board is of a mind to approve, a motion would be in order. A motion was made by N. Janyszeski, seconded by B. Keyser, to adopt the Historic Commission Ordinance, Ordinance #141, as presented. The motion carried 5-0-0.



a. Bernie Kinker – Requests Truck Brake Ordinance – Mr. Kinker, who lives on SR412 near the high school, requested that the Board of Supervisors pass an ordinance prohibiting the use of Jake Brakes on certain stretches of state highways in Nockamixon Township. Areas for consideration: the vicinity of Palisades High School and the sharp corner in Revere. He noted that PennDOT needs an ordinance in order to enforce. Under discussion, the Board agreed that these brakes are a safety device to reduce the speed of trucks, and that should be taken into consideration when discussing elimination of their use. The Board took no action. However, the request was taken under advisement and, if the problem persists, they may reconsider. It was noted that no other complaints were received by the Township.


b. Michael McGrath – Gouck Sub. – Driveway Easement – Mr. McGrath brought two issues to the Board: 1. He believes the driveway currently being constructed by the Gouck’s is too close to his driveway (comes within 12”) and may encroach within his easement at 967 Haycock Run Road and 2. Wants to confirm that his driveway is within the easement and not encroaching on the Gouck’s property. The Solicitor contacted the Township Engineer. S. Baluh, who indicated that this is a private issue between neighbors. Had Mr. McGrath approached the Township during the subdivision review process it could have been considered at that time. It was suggested that he have a property survey conducted. When the survey report is completed, bring to the Township Engineer for review. The Board took no action.



  • ROAD REPORT – June 2010 – G. Housworth, Roadmaster, was not in attendance.

-A motion was made by A. Santopietro, seconded by B. Keyser, to approve the June 2010 Road Report as presented. The motion carried 5-0-0.


FOB Aggregates and Antiskid materials were bid through Co-Stars. K. DeLuca commented that according to the Co-Stars contract, the Township has to award the contract to the lowest bidder. The bids were adjusted by mileage requirement of 20 cents per mile per ton as an additional cost factor with number of miles to be calculated from plant to Township Building. Letters were sent to the following contractors currently on the Co-Stars list: Eureka Stone Quarry, Inc., H&K Materials, Inc., Hanson Aggregates BMC, Eastern Industries, Inc. included a $4.75/ton cost to their price, Glasgow, Inc., Highway Materials, Inc., M&M Stone Co., Miller Quarries, and Vulcan Materials Co. Bids were received for Aggregates and Antiskid materials from the following quarries:

Eastern Industries, Inc. (includes +$4.75/ton):

Aggregate #2 $12.35/ton

Aggregate #3 N/A

Ballast $13.65/ton

Aggregate #8 N/A

Screenings N/A

Aggregate #57 $14.15/ton

Aggregate #3 $13.65/ton

Aggregate R-4 $18.40/ton

Aggregate R-6 $20.90/ton

Surge N/A

Antiskid $13.40/ton


Eureka Stone Quarry, Inc.:

Aggregate #2 $11.75/ton

Aggregate #3 $11.75/ton

Ballast $14.00/ton

Aggregate #8 $17.75/ton

Screenings $10.75/ton

Aggregate #57 $14.25/ton

Aggregate #3 $13.75/ton

Aggregate R-4 $15.75/ton

Aggregate R-6 $18.75/ton

Surge N/A

Antiskid $14.75/ton


H&K Materials, Inc.:

Aggregate #2 $12.18/ton

Aggregate #3 N/A

Ballast $13.15/ton

Aggregate #8 $15.67/ton

Screenings $10.92/ton

Aggregate #57 $13.78/ton

Aggregate #3 $13.15/ton

Aggregate R-4 $15.25/ton

Aggregate R-6 $19.25/ton

Surge N/A

Antiskid N/A


Hanson Aggregates BMC:

Aggregate #2 $ 8.00/ton

Aggregate #3 $ 8.00/ton

Ballast $ 9.90/ton

Aggregate #8 $12.60/ton

Screenings $ 7.25/ton

Aggregate #57 $10.15/ton

Aggregate #3 $ 9.90/ton

Aggregate R-4 $12.35/ton

Aggregate R-6 $17.00/ton

Surge $ 9.00/ton

Antiskid $ 9.75/ton

A motion was made by A. Santopietro, seconded by C. Bahnck, to accept the Hanson Aggregates BMC bid for the aggregates and antiskid materials as listed. The motion carried 5-0-0.


b. Treasurer’s Report:

Keith DeLuca gave the Report to the Board.

-The heat pump system was installed on July 1 & 2 and while the system is operating there is a problem with it cooling the main office. Jim Raabe contributes the cause to two factors 1) the office is the longest run on the system and 2) the duct work has either no or minimal insulation and it runs through a non-insulated area. His recommendation is to upgrade the two ducts that supply the office with a/c and heat. In its present condition it reduces the efficiency of the system.

-The new carpeting has been ordered and will be installed on/or about August 9 th.

-With the recycling available 24/7, the township has seen an increase in volume. Subsequently we have an overflow of recycles around the bins. We must find a way to resolve this. The Board directed the Secretary to send a recycling notice to the Intelligencer. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve weekly pick up for the next three months at a cost not to exceed $145.00/week. The motion carried 5-0-0.

-The County is requesting that a Township representative attend a pre-admission workshop for the 2011 CDBG Grants. The most convenient date would be August 2 at 3 PM in Doylestown. In regards to the 2010 CDBG Grant, Bucks County has not signed the contract to release the funds to the Senior Center, they have requested additional information from the Township that has been furnished to them.

A motion was made by N. Janyszeski, seconded by B. Keyser, to have the Treasurer, K. DeLuca, attend the August 2, 2010 pre-admission workshop for the Community Development Block Grant. The motion carried 5-0-0.

K. DeLuca noted that, at the County’s request, adjustments were made to the 2010 CDBG Grant. The County has reduced the number of payments from eighteen to fifteen months. The County Commissioners are meeting this evening and the 2010 contract will be presented at that time for signature. It was a consensus of the Board that the Treasurer does whatever is needed to make it work.

-Our uniform contract with Aramark expired on July 5 th. Their services have been terminated as of July 19 th.

-It is budget time again and we need to schedule meetings in September to begin the process. Also contact me with any additions or exclusions you may have. A motion was made by N. Janyszeski, seconded by B. Keyser, to direct the Secretary to advertise the Nockamixon Township Budget Work Sessions for the following Thursdays: September 9, 16 and 30; October 7, 14 and 21, 2010. The motion carried 5-0-0.

-For the billing period of May 31st to June 25 th, the Zoning Officer/Building Inspector collected $271.00 in fees; billing the Township $6,135.00 for their services.

-Fire and EMS Tax distribution this month: Delaware Valley, $116.56; Ottsville, $7576.58; Riegelsville, $3147.20 and Upper Black Eddy, $815.94. Also included is UBREMS LST distribution of $2,914.07.

-Bills are being presented tonight; General Fund, $63,939.43; Fire & EMS Tax Distribution $14,570.35; Escrow Fund, $2,208.14; State Fund, $1,251.02; Recreation Fund, $550.00 and Open Space Fund, $11,634.62.

-Transfers requested; $11,634.62 from Open Space Fund to General Fund; $550.00 from the Recreation Fund to the General Fund.

A motion was made by C. Bahnck, seconded by B. Keyser, to approve the June 2010 Treasurer’s Report, as presented. The motion carried 5-0-0.

A motion was made by C. Bahnck, seconded by B. Keyser, to approve the June 2010 Bill List as presented. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.

A motion was made by B. Keyser, seconded by A. Santopietro, to purchase a digital recorder, cost not to exceed $150.00. The motion carried 5-0-0.

A motion was made by N. Janyszeski, seconded by B. Keyser, to approve K. DeLuca’s office hours for the week of July 26, 2010 from 9:00 A.M to 5:00 P.M.

The motion carried 5-0-0.


a. Hidden Valley Landfill – The County’s Environmental Consultant issued two letters 1. In response to earlier correspondence from the Township and 2. A request to the PADEP for a permit waiver to install a test pit near a stream bed. S. Baluh requested permission from the Board to be present while the inspection is being conducted for the test pit. It was the consensus of the Board to approve the presence of S. Baluh during the Hidden Valley inspection and communicate with both the County and the PADEP.

b. Arbor Resources Update – The Delaware River Basin Commission (DRBC) met recently. Under discussion was the Township’s request to hold a hearing on the determination of the April DRBC letter: Arbor’s proposed exploratory drilling in Nockamixon Township. The DRBC agreed to hold a hearing to discuss whether exploratory wells, as a whole, should be subject to the Commission’s jurisdiction. -A Status conference regarding the appeal of the DEP permit is being heard by the Environmental Hearing Board. A status conference was held with the judge. We are still proceeding with discovery.

c. Act 46 of 2010 - correspondence has been received by the BOS. It was signed by the Governor and grants an automatic extension for current permit approvals thru July 2, 2013. Every applicant has a 5-year window to complete an activity that is not subject to ordinance changes. This bill extends all permits issued after December 31, 2008. It required all townships to advertise, but PSATS contacted DCED and, with their permission, advertised to include all townships.


The Solicitor discussed the following agenda items:

– Community Day Committee - an agreement has been forwarded to the Committee for their review and signature.

- Emergency Management – At the June meeting, the Board authorized the Solicitor to prepare changes to the current code consistent with the information presented by Emergency Management. E. Mocarsi was given a copy of the proposed ordinance regarding mass gatherings and will present the Board with a review prior to the August Meeting.



a. John & Patricia Gouck Subdivision – 2-Lot Sub. TMP#30-3-4-1 – Final for Signature. A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve the John & Patricia Gouck 2-Lot Subdivision TMP#30-3-4-1 for signature. The motion carried 5-0-0.



  • Harrow Station LLC – Senior Housing – Planning Module – Resolution – This Planning Module was brought before the Board for approval. As requested by the Board, correspondence was sent to DEP making them aware of the scope of activity concerning TCE. An updated Sewage & Maintenance agreement has been provided to the applicant for signature. The applicant, G. Neebe, commented that he will comply with the agreement. Other issues: outstanding monitoring logs, annual repair logs as well as testing results which are to be provided to the Township. The Solicitor recommended that all monitoring/test results be forwarded to the Engineer and Township Secretary. A motion was made by N. Janyszeski, seconded by Wm. Sadow, to approve the planning module Resolution upon the condition that the Township and the Township Engineer receive copies of the monitoring/test results and also the signed copy of the Operation and Maintenance Agreement. N. Janyszeski amended he motion, seconded by Wm. Sadow, to include Resolution # 7-21-2010. The motion carried 5-0-0.



A motion was made by N. Janyszeski, seconded by B. Keyser, to approve an expenditure of $450.00 to John MacFarland to evaluate the Gorham house and barn. The motion carried 5-0-0.

a. Ag Security District – Citizen Member Appointment – The Board commented that no letters have been received.


  • B.C. Tax Collection Committee – Tax Collector Review – Thursday, July 29, 2010 @ 7:30 P.M – C. Bahnck will attend the meeting.


c. DCED Grant – Final Executed Amendment – Containers - Discussed earlier in the meeting.



a. Opposition to Forced Local Government Mergers and Consolidations – Resolution PSATS forwarded a draft resolution for Township review and modification. A motion was made by N. Janyszeski, seconded by B. Keyser, to approve Resolution #7-21-2010A in opposition to forced local government mergers and consolidations. The motion carried 5-0-0.


b. Township Committee Funds – Community Day Displays – Township Committees will have displays at Nockamixon Community Day, September 18, 2010. A motion was made by N. Janyszeski, seconded by B. Keyser, to expend up to $100.00 for each of the recognized Township Committees for displays at Community Day booths. The motion carried 5-0-0.


At 8:50 P.M. Chair, N. Janyszeski, commented that the Board will meet in Executive Session to discuss Real Estate.

At 9:25 P.M. Chair, N. Janyszeski, commented that the Board met in Executive Session to discuss Real Estate.

-At 9:25 P.M. The Solicitor, J. Yeager, left the meeting.



a. Zoning Report –C. Clayton, Zoning Officer, was not in attendance. A motion was made by N. Janyszeski, seconded by Wm. Sadow, to approve the Zoning Report as presented. The motion carried 5-0-0.


b. Emergency Management –E. Mocarsi, member, was in attendance. He discussed the signed Emergency Operations Plan and the proposed ordinance for mass gatherings.


c.Environmental Advisory Committee – S. Donovan, Co-chair, was in attendance. A punch list of recommendations for an upcoming work session was presented to the Board.


d. BNT Ground Water Committee – S. Donovan, Representative, gave the report .

N. Janyszeski commented concerning the length of the monthly minutes from the BNT GWC (11 pages) and requested that they be shortened and that important matters be shown as bullet items. S. Donovan will advise the Chair, C.C. Hopf, of this request.


e. Open Space Committee –No members were in attendance. N. Janyszeski commented that settlement was conducted on July 9 th for a Conservation Easement on the Gottlieb Property.


f. Park & Recreation Committee – No members present. The liaison, A. Santopietro, had no report.


g. Nockamixon Historic Commission – N. Jesiolowski, Chair, gave the report. Members have been assigned various tasks and audio interviews are being conducted.


h . Addendum: Rapp Creek -- B. Keyser commented that it has been brought to his attention that the water in Rapp Creek below the quarry contains sediment. S. Donovan commented that water samples have been taken and are being analyzed; upon receipt, water test results will be forwarded to the PADEP.


A motion was made by A. Santopietro, seconded by B. Keyser, to adjourn the Board of Supervisors meeting at 9:38 P.M. The motion carried 5-0-0.


Respectfully Submitted,




Arlene E. Eichlin

Recording Secretary