MINUTES OF NOCKAMIXON TOWNSHIP
BOARD OF SUPERVISORS
SEPTEMBER 15, 2010
The regular scheduled meeting for September was held on September 15, 2010 in the Township building in Ferndale, PA. Chair N. Janyszeski opened the meeting at 7:40 P.M. with a salute to the flag. Members present: Vice-Chair B. Keyser and Supervisors, A. Santopietro, C. Bahnck. Member absent: Wm. Sadow. Also in attendance: Solicitor, J.B. Yeager, Township Engineer, S. Baluh, Secretary A. Eichlin and Treasurer K. DeLuca.
SCHEDULING: Chair N. Janyszeski reviewed the schedule. One change: the Zoning Hearing Board is scheduled to meet at 7:00 P.M. on September 16, 2010.
MINUTES OF MEETING:
A motion was made by A. Santopietro, seconded by B. Keyser, to approve the August 18, 2010 minutes as presented. The motion carried 4-0-0.
A motion was made by A. Santopietro, seconded by C. Bahnck, to approve the Board of Supervisors Work Session minutes of August 26, 2010 as presented.
The motion carried 4-0-0.
-J. Litzenberger, President of the Nockamixon Community Day Assoc., Inc. thanked the Board for allowing the road department to assist before and after Community Day. He personally thanked C. Bahnck and B. Keyser for their assistance with the event.
-T. Stone, President of Gallows Run Watershed Assoc., commented that they have scheduled the annual Lynn Island Clean-up for October 30, 2010 -- The Arts for Gallows Run for the preservation of Open Space in Nockamixon Township will be held on November 7, 2010 from 2:00 P.M. – 5:00 P.M. at the Nancy Alessi Farm.
-S. Tenney requested an update on various newspaper articles including fracking with regard to oil and gas drilling. N. Janyszeski commented that she brings awareness of Nockamixon Township’s existence and that we are not located in the Marcellus shale. These topics open discussion.
-E. Mocarsi requested the reason for the Board’s decision not to move forward with the temporary community events ordinance. C. Bahnck commented that the Board discussed that there are few large events, enforcement, and required fees for small church and scout groups. E. Mocarsi commented that he believes that this ordinance is necessary because it would require events to come into compliance with Township regulations. He asked the Board to reconsider their decision. It was the consensus of the Board that there was no interest in pursuing this ordinance.
a. ROAD REPORT – August 2010 Report – A motion was made by A. Santopietro, seconded by B. Keyser, to approve the August 2010 Road Report as presented. The motion carried 4-0-0. A. Eichlin commented that the front door is difficult to open and requested permission from the Board to contact Towne Lock Shoppe for an evaluation. A motion was made by N. Janyszeski, seconded by B. Keyser, to have the front door evaluated for a cost of $60.00 and to request that this amount is applied towards changing the door knob system of the front door of the Township Building, if needed. The motion carried 4-0-0.
The Solicitor, J. Yeager, commented that he received correspondence from First Energy (Metropolitan Edison) claiming that the Township road crew was responsible for $1,261.03 in damages to a transformer during March snow plowing. K. DeLuca commented that initial information was received on March 30, 2010. The solicitor suggested that the Township forward the claim to the Township insurance carrier. It was the consensus of the Board that an incident report be filed be the road department and to contact the insurance carrier regarding the deductible.
The Board thanked the Road Crew, the Park & Rec Board and the person who donated the flowers for the front flower bed.
b. Treasurer’s Report
Keith DeLuca gave the Report.
-The 2011 Minimum Municipal Obligation Worksheet for Nockamixon Township’s pension plan is complete and ready for mailing.
-He is in the process of preparing the CDBG and Recycling Grants. They will be completed and delivered by the end of the month. He has an appointment with Carole Janssens from Bucks County Department of Business and Community, Wednesday the 16 th to go over the grant application and request to hand deliver it by the 21 st. It was the consensus of the Board to have Keith DeLuca meet with and deliver the CDBG to the County offices.
-Request to attend a grant workshop at Lafayette College on October 12 at a cost of $30.00. A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve Keith DeLuca’s attendance at the Lafayette College grant workshop on October 12. The motion carried 4-0-0.
-To recap last weeks Act 32 meeting; Keystone Collection Group be the Nockamixon’s EIT Collector for 2011. Palisades Area EIT will be our collector for 2010. The office will remain open until 6/30/2011.
-For the billing period of July 26 to August 20, 2010, the Zoning Officer/Building Inspector collected $368.00 in permit fees, while billing the Township $6,665.00 for their services. Keith DeLuca commented that additional fees of approximately $10,000.00 have been collected up to this date.
-Fire and EMS Taxes distributed this month: Delaware Valley, $3.94; Ottsville, $256.09; Riegelsville, $106.37; Upper Black Eddy, $27.58 and UBREMS, $98.50.
-Bills being presented tonight; General Fund, $23,954.34; Fire & EMS Tax Distribution $492.48, Recreation Fund, $720.00 and Escrow Fund, $76.05.
-Transfers requested; $720.00 from Recreation Fund to General Fund.
-A motion was made by C. Bahnck, seconded by A. Santopietro, to approve the September 2010 Treasurer’s Report as presented. The motion carried 4-0-0.
-A motion was made by N. Janyszeski, seconded by B. Keyser, to approve the September 2010 Bill List as presented. The motion carried 4-0-0.
-A motion was made by C. Bahnck, seconded by B. Keyser, to transfer $720.00 from the Recreation Fund to the General Fund. The motion carried 4-0-0.
a. Litigation Update: Hanson Aggregates, BMC and Arbor Resources – The Hanson Aggregates procedural challenge case has been briefed for the Commonwealth Court. Copies were made available to the public. – Arbor Resources, there is nothing new in the Court of Common Pleas matter on in the PADEP appeal to the Environmental Hearing Board. In the DRBC (Delaware River Basin Commission) proceeding, the Judge has set a schedule for exchange of documents for pre-hearing filings and for a hearing in mid-December.
b. Berger Road – Petition filed by Jose and Alison Ferreira – Over the past several years the Ferreira’s have approached the Township requesting an upgrade to Berger Road along their property. The Township has addressed their concerns. They filed suit against the Township and asked the court to order the Township to improve, close, or vacate the road. The Township was able to get the case dismissed and now the Ferreira’s have filed a formal petition with the Township. The Township has to act on this petition in 60 days and the Solicitor suggested a hearing at the October meeting. J. Yeager encouraged residents with concerns to attend the hearing. The Township needs to establish a record to support whatever conclusion is reached. There were several residents in the audience with questions/concerns: Thomas Keebler, James Litzenberger, Edward Litzenberger, James Logan and Clarence Berger.
COMMITTEE ACTION ITEMS – Liaison Report
N. Janyszeski commented that committees have responded to the change of their reports on the agenda. In the process of expediting meetings, Committee Action Items needing Board response, a consensus, or a vote will be addressed at this time.
-Open Space Committee, S. Tenney & Ellen Chapman, commented that the annual County monitoring report is due for the Gorham Property. N. Janyszeski commented that she will follow-up with Wm. Sadow regarding the report.
-Park & Recreation Board – T. Keebler discussed several items: the resignation of C. McClintock, the change of time for their September Meeting, and a request to submit proposals to blacktop the walking path at Veteran’s Park. The Board will discuss the walking path at a later time.
-The Environmental Advisory Council and Nockamixon Historic Commission discussed Community Day at their monthly meetings.
At 8:30 P.M.,Chair, N. Janyszeski commented that the Board will be meeting in Executive Session to discuss litigation.
At 9:40 P.M., Chair, N. Janyszeski commented that the Board met in Executive Session to discuss litigation and real estate.
a. A.M. Morton-3- Lot Sub TMP# 30-13-5 – grants an extension to December 28, 2010 –
b. G. Hoffman-5-Lot Sub TMP# 30-11-164-2; -164-3 & -164-5 – Grants extension to March 31, 2011 – A motion was made by N. Janyszeski, seconded by C. Bahnck, to grant extensions to A.M. Morton – 3-Lot Sub. TMP# 30-13-5 until December 28, 2010 and G. Hoffman – 5-Lot Sub. TMP# 30-11-164-2; -164-3 & -164-5 until March 31, 2011. The motion carried 4-0-0.
OLD BUSINESS: There was no old business
The Board discussed a notice received indicating that the Nockamixon Dam is unsafe. The notice has been posted at the Township Building. An Emergency Action Plan has been developed for Nockamixon State Park.
a. 10-26 PSATS Resolution – Local Tax Enabling Act – Board Discussion – The PSATS resolution was read by the Secretary, A. Eichlin. ‘10-26 RESOLVED, That PSATS seek legislation to amend the Local Tax Enabling Act (Act 511 of 1965, as amended) to authorize the realty transfer tax to be levied when real property is transferred between corporate entities’.N. Janyszeski commented that currently only private residents have to pay this tax, not corporations. A motion was made by N. Janyszeski, seconded by B. Keyser, to support the 10-26 PSATS Local Tax Enabling Act Resolution. The motion carried 4-0-0.
b. Waiver of Fess for PennDOT Bridge Repairs over Gallows Run – A motion was made by N. Janyszeski, seconded by A. Santopietro, to grant a waiver of fees for the PennDOT Bridge repairs over Gallows Run at SR611 & SR32. The motion carried 4-0-0.
c. Permission to Advertise Planning Commission Meeting – Wednesday, November 3, 2010 – A motion was made by N. Janyszeski, seconded by A. Santopietro, to grant permission to advertise the Planning Commission Meeting for Wednesday, November 3, 2010. The motion carried 4-0-0.
d. Designation of Halloween Hours – Sunday, October 31, 2010 – A motion was made by N. Janyszeski, seconded by C. Bahnck, to designate Halloween hours for Sunday, October 31, 2010 from 4:00 P.M to 8:00 P.M. The motion carried 4-0-0.
a. Zoning Report – The Board commended the Zoning Officer for the good job he is doing and noted that he is also doing a very thorough job. A motion was made by A. Santopietro, seconded by N. Janyszeski, to approve the Zoning Report as written. The motion carried 4-0-0.
b. Emergency Management – discussed earlier in the meeting.
c.Environmental Advisory Committee – discussed earlier in the meeting.
d. BNT Ground Water Committee – No report
e. Open Space Committee – discussed earlier in the meeting.
f. Recreation Board – C. McClintock – Letter of Resignation – September meeting will be held at 8:00 P.M.A motion was made by N. Janyszeski, seconded by A. Santopietro, to accept the resignation of Charlotte McClintock from the Park & Rec Board due to time constraints. The motion carried 4-0-0. A notice will be posted in the Township Office indicating the time change for the September meeting.
g. Nockamixon Historic Commission – discussed earlier in the meeting.
A motion was made by N. Janyszeski, seconded by A. Santopietro, to adjourn the Board of Supervisors meeting at 9:45 PM. The motion carried 4-0-0.
Arlene E. Eichlin