MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
AUGUST 18, 2010
Theregular scheduled meeting for August was held on August 18, 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, Engineer, S. Baluh, Secretary, A. Eichlin and Treasurer, K. DeLuca.
SCHEDULING: Chair, N. Janyszeski, reviewed the schedule.
MINUTES OF MEETING:
-A motion was made by C. Bahnck, seconded by A. Santopietro, to approve the July 21, 2010 minutes as presented. The motion carried 5-0-0
PUBLIC COMMENT: There was no public comment.
PUBLIC HEARING:Adoption of Proposed Wastewater Facilities (Act 537) Plan–8:00 P.M.
A motion was made by A. Santopietro, seconded by B. Keyser, to approve the July 2010 Road Report as presented. The motion carried 5-0-0.
b. Treasurer’s Report:
Keith DeLuca gave the Report to the Board.
-In preparation for next month’s budget work session, attached to this month’s Treasurer’s report is a year to date statement of the Township’s income and expenses as compared to last year. As you can see, we have reduced expenses by 7% over the last seven months. This is a very encouraging sign and provides a positive start to our 2011 budget meetings.
-The Townships contract with Aramark, as its uniform provider, ended in July. Aramark offered the road crew the opportunity to purchase their uniforms at a discounted price. As part of the decision of not renewing the service contract the Township decided to provide the road crew with a $200.00 per year, per employee clothing allowance. The road crew requests the Township maintain the funds and reimburse when used.
-Request the Board’s permission to purchase plastic carpet runners at an estimated cost of $150.00. A motion was made by A. Santopietro, seconded by B. Keyser, to expend up to $250.00 for plastic carpet runners. The motion carried 5-0-0.
-For the billing period of June 28 to July 23, 2010, the Zoning Officer/Building Inspector collected $491.00 in fees; billing the Township $6,100.00 for their services.
-Fire and EMS Tax distribution this month: Delaware Valley, $12.08; Ottsville, $784.96; Riegelsville, $326.06; Upper Black Eddy, $84.53; and UBREMS $301.91.
-Bills are being presented tonight; General Fund, $41,531.97; Fire & EMS Tax Distribution $1509.54; Escrow Fund, $1273.67; State Fund, $416.00; Recreation Fund, $45.00 and Open Space Fund, $884.00.
-Adjustments to the Open Space Fund are as follows: from the Fleck close, the original cost including purchase and closing fees was $153,969.04, the actual cost was $147,625.18, a difference of $6,343.86; in addition $238.40 for travel to the PALTA conference for a total of $6,582.26, to be reimbursed to the Open Space Fund. Fees billed during 2005 to 2007 to Open Space but paid out of the General Fund amounted to $4,599.00. The balance to be reimbursed into the Open space Fund from the General Fund is $1,983.26.
-Transfers requested; $884.00 from Open Space Fund to General Fund; $1,983.26 from General Fund to Open Space, a net of $1,099.26 to the Open Space Fund; $45.00 from the Recreation Fund to the General Fund and $1,183.00 from Community Day Fund to the General Fund.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to transfer funds from various accounts as requested by the Treasurer. The motion carried 5-0-0.
A motion was made by Wm. Sadow, seconded by A. Santopietro, to approve the July 2010 Bill List as presented. The motion carried 5-0-0.
A motion was made by C. Bahnck, seconded by Wm Sadow, to approve the July 2010 Treasurer’s Report, as presented. The motion carried 5-0-0.
a. Litigation Updates: Arbor, Hanson – Hanson, for the procedural challenge, sent a brief last week – our brief to Commonwealth Court is due in 3½ weeks. In the Arbor Case, a Judge has been appointed and a hearing date will be set. The Solicitor has been exploring non-profit grant funding to offset the cost of expert testimony.
b. Status Update: Agreement with Nockamixon Community Day Assoc., Inc. – No Assoc. Members were in attendance – The Solicitor commented that a revised draft agreement has been prepared consistent with the resolutions enacted earlier this year and sent to the Committee. If the Board is satisfied with the draft agreement currently before it, a vote would be in order to authorize signing the agreement.
At 9:25 P.M. Chair, N. Janyszeski took a five minute recess.
At 9:30 P.M. Chair, N. Janyszeski, commented that the Board would meet in Executive Session to discuss Real Estate, Personnel and Litigation.
At 10:35 P.M. Chair, N. Janyszeski, commented that the Board met in Executive Session to discuss Real Estate, Personnel and Litigation.
-Out of Meeting Check – A motion was made by, N. Janyszeski, seconded by A. Santopietro, to approve an out-of-meeting check (there was a consensus of the Board) paid to the Delaware River Basin Commission in the amount of $4,895.00.
The motion carried 4-0-1 with C. Bahnck abstaining.
Status Update: Nockamixon Community Day Assoc. Inc. continued - The Solicitor recommended that if the Board is agreeable to the language of the agreement that they approve as written and establish a deadline. The Township should receive a signed copy of the agreement from Nockamixon Community Day Assoc. by close of business on Tuesday, August 24, 2010. That is based on the representation from representatives of Community Day Assoc. that they have requested from their carrier that Nockamixon Township be named as an additional insured as required under the resolution and the agreement. A. Santopietro entertained that as his motion, seconded by B. Keyser. The motion carried 5-0-0. The Solicitor, J. Yeager, will communicate that to the representatives of Community Day.
c. Authorization to advertise Ordinance Amendment re: Temporary Community Events – The Solicitor commented that Emergency Management requested ordinance changes for temporary Community Events. J. Yeager was authorized by the Board to draft an ordinance. Comments/revisions from Emergency Management via the Township Secretary have been incorporated and given to the Board for comment, review and advertisement. A motion was made by A. Santopietro to table the ordinance. He rescinded the motion. The Board of Supervisors took no action on the proposed ordinance.
-Zoning Hearing – Lapsley/Scarborough-Reshetar property - Variance - TMP# 30-13-90. The Solicitor is seeking guidance from the Board for this property. He recommends that the Township ask the Township Engineer to review the application and to make a site visit to the property regarding the issues that are raised and to authorize the Solicitor and Engineer to appear at the hearing if, in the Engineer’s opinion, the application raises a problem that isn’t appropriately adjusted through a variance. B. Keyser entertained that as his motion, seconded by N. Janyszeski. The motion carried 5-0-0. The Solicitor will contact the Township Engineer.
At 10:55 P.M. the Solicitor, J. Yeager, left the meeting.
a. D. Gross/Byers Road TMP# 30-15-33 & 30-15-40-1 – No extension received -
A motion was made by N. Janyszeski, seconded by A. Santopietro, to deny the D. Gross/Byers Road Sub TMP# 30-15-44 & 30-15-40-1 if no response has been received by Monday, August 30, 2010. N. Janyszeski amended her motion, seconded by A. Santopietro, to include: as recommended by the Planning Commission and the Wynn Assoc. review letter. The motion carried 5-0-0.
The meeting continued with the Public Hearing
PUBLIC HEARING: Adoption of Proposed Wastewater Facilities (Act 537) Plan
The Engineer, Steve Baluh, opened the public hearing to discuss the adoption of the Proposed Wastewater Facilities (Act 537) Plan at 8:00 P.M. Background: the only official Township-wide sewage plan was the 1980 Bucks County Plan for the Palisades School District Area. The Act 537 Plan is the governing rules and regulations for sewage disposal within the Township. Items reviewed: township topography, watersheds, existing and intended development. Nockamixon Township has no public water or sewer systems – Nockamixon Township’s plans main focus is on-lot water and sewage system: spray irrigation; sewage treatment facilities and holding tanks. The Plan recommends on-lot sewage maintenance: 1. Through public education 2. Pumping/repair program every two years. One concern was enforcement of the bi-annual pumping policy and how the Township would approach. He commented that, at sometime, a sewage management program would have to be enacted. He summarized the twelve recommended alternative systems for use by developers including, but not limited to: Individual on-lot sub-surface sewage disposal; individual on-lot alternate system; community on-lot elevated sandmound; small flow treatment facility with stream discharge. Conclusion: Public sewers do not make sense for Nockamixon Township because development is too wide spread, too costly to serve a reasonable amount of properties, plus the expense of a sewage treatment system. The Township does not have the staff, administratively or maintenance wise, to handle those issues. The recommendations are based on the Township objectives to protect surface and groundwater sources including special protection and impaired waterways e.g. Rapp Creek, an Exceptional Value stream and Lake Nockamixon, an impaired waterway. Updates have been completed to the Comprehensive Plan, Zoning Ordinance and Groundwater Ordinance to complement the Act 537 Plan. He continued with the plan recommendations and implementation schedule action items including, but not limited to: an increased level of municipal involvement in sewage facilities planning and maintenance program; ordinance to implement an On-Lot Disposal System (OLDS) Management program, and to pursue replacement of holding tanks on those properties where a fill site for future onsite systems is required.The Planning Commission put this Act 537 Plan together and made their recommendation for the Township to adopt the plan as presented. The Plan was also sent to the BC Planning Commission, and B.C. Dept of health for their review.The Township Engineer closed the hearing at 9:00 P.M. S. Baluh explained the approval process and commented that, if the Board agrees they would approve the Act 537 Plan as presented by Resolution. The Act 537 plan would be forwarded to PADEP for their comments. He noted that no written public comments were received by the Township. S. Baluh read ‘A Resolution for 357 Wastewater Facilities Plan Revision’. The Solicitor suggested that, since it has been several years in the process, the Board approve the Resolution as presented and that updates will be included in the plan where needed. A motion was made by N. Janyszeski, seconded by Wm. Sadow, to approve the adoption of Resolution #8-18-2010 of the Wastewater Facilities (Act 537) Plan as summarized by the Township Engineer. The motion carried 5-0-0.
a. Section 904 Recycling Grant – Permission to Apply ( 9/30/2010) - A motion was made by N. Janyszeski, seconded by Wm. Sadow, to grant permission to apply for the Section 904 Recycling Grant. The motion carried 5-0-0.
b. Amendment – Irrevocable Letter of Credit B. Erhardt (change of bank) from Harleysville Nat’l Bank & Trust Co. to First Niagara Bank, N.A. -A motion was made by N. Janyszeski, seconded by Wm. Sadow, to approve signing the amendment to the Irrevocable Letter of Credit (No. 344) for a change of bank from Harleysville Nat’l Bank & Trust Co. to First Niagara Bank, N.A. The motion carried 5-0-0.
c. 1798 Map – permission to reprint (current cost $21) and frame - A motion was made by N. Janyszeski, seconded by B. Keyser, to reimburse J. MacFarland up to $25.00 for a digital copy of the 1798 map. The motion carried 5-0-0.
A motion was made by N. Janyszeski, seconded by B. Keyser, to expend up to $25.00 to frame the 1798 map which includes the names of the landowners. The motion carried 5-0-0.
d. CDBG – EUB Senior Center – Revised Resolution – FY 2011 Application –
A motion was made by N. Janyszeski, seconded by A. Santopietro, approve Resolution #8-18-2010A approving the Township contact information as the Treasurer, Keith DeLuca. The motion carried 5-0-0.
e. Fee Schedule – Update – Resolution – A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve the amended Fee Schedule Resolution #8-18-2010B to include Alt. Energy Equipment (Solar, Wind & Outdoor Furnace Apparatus) (Res) $0.02 per dollar of construction cost and (Comm) $0.03 per dollar of construction cost. The motion carried 5-0-0.
f. B.C. Earned Income Taxing (EIT) Authority – New Consolidated EIT Collector – Township Contact Information Requested. The Board commented that K. DeLuca is the Township contact. There was a consensus of the Board to choose Keystone Collections Group to collect the Township’s EIT as recommended by the Bucks County Earned Income Taxing Authority.
a. Zoning Report –C. Clayton, Zoning Officer, was not in attendance. -- A motion was made by C. Bahnck, seconded by Wm. Sadow, to approve the Zoning Report as presented. The motion carried 5-0-0.
b. Emergency Management –E. Mocarsi, member, left the meeting. Discussed earlier.
c.Environmental Advisory Committee – S. Donovan, Co-chair, left the meeting. S. Tenney, member, gave the report. Items for discussion: number of water wells drilled, thank you note to M. Gallagher and mowing hedgerows. There were eleven residential and one commercial well drilled. The Board requested that the EAC compose the thank you letter and send to the office to be forwarded to M. Gallagher. Several ways and timeframes were discussed to remove the brush (hedgerows). It was the consensus of the Board not to enact a resolution for ‘Protect Your Groundwater Day’.
d. BNT Ground Water Committee – S. Donovan, Representative, left the meeting.
e. Open Space Committee –S. Tenney, Co-Chair, and E. Chapman, Co-chair were in attendance. There are no action items.
f. Park & Recreation Committee – No members present. Chair, N. Janyszeski, requested that the flower garden in front of the building be weeded and fall flowers planted. The liaison, A. Santopietro, will advise the Committee.
g. Nockamixon Historic Commission – No members in attendance.
A motion was made by A. Santopietro, seconded by B. Keyser, to adjourn the Board of Supervisors meeting at 11:23 P.M. The motion carried 5-0-0.
Arlene E. Eichlin