MINUTES OF NOCKAMIXON TOWNSHIP BOARD OF SUPERVISORS OCTOBER 20, 2010 Theregular scheduled meeting for October was held on October 20, 2010 in the Township building in Ferndale, PA. Chair, N. Janyszeski, opened the meeting at 7:30 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 arrived at 7:40 P.M., Secretary, A. Eichlin and Treasurer, K. DeLuca.
SCHEDULING: Chair, N. Janyszeski, reviewed the schedule. UBREMS will be holding their annual Halloween Open House on Sunday, October 31, 2010.
MINUTES OF MEETING: -A motion was made by A. Santopietro, seconded by Wm. Sadow, to approve the September 15, 2010 minutes as presented. The motion carried 5-0-0
--A motion was made by A. Santopietro, seconded by Wm. Sadow, to approve the Board of Supervisors Budget Work Session minutes of September 9, 2010, September 16, 2010 and September 23, 2010 as presented. The motion carried 5-0-0
PUBLIC COMMENT: - Todd Stone commented that a clean up is scheduled for Lynn Island on Saturday, October 30, 2010 @ 9:00 A.M. Volunteers meet at the American Grill. - Second Annual ‘Arts for Conservation’ is scheduled for Sunday, November 7, 2010 at Rising Sun Farm. Ceremonies begin at 2:00 P.M.
CONDITIONAL USE: a. Meadows Petroleum Products, LLC. – Informal Board Discussion – Carrie B. Nase, from the law firm of Fox Rothschild LLP, attorney for the applicant, was in attendance. The applicant, Kevin Meadows, was also in attendance. Other attendees included: Scott Mill, VanCleef Engineering, Ted Gendron, AST Construction; Matthew Hiltz, Lancaster Propane Company and Stephen Struble, General Manager of Meadows Petroleum Products, Inc. Mr. Meadows is a township resident who has operated this business for twenty years. He is considering relocating his business to 21 Brownstone Road where he proposes to install oil and propane tanks for distribution to offsite customers. These tanks fall under the G-5 Use: “fuel storage and distribution facility” requiring conditional use approval. They have submitted a Conditional Use application and appeared before the Nockamixon Township Planning Commission who recommended proceeding with the Conditional Use hearing, subject to several conditions. A hearing is scheduled for October 21, 2010 before the Zoning Hearing Board for relief of several zoning issues. They are before the Board of Supervisors for an informal discussion, direction and/or comments. -Scott Mill, Van Cleef Engineering, presented a brief overview. The site consists of two existing buildings which will remain on the property, as well as an existing storm water basin, sandmound and well. K. Meadows is currently proposing six, 30,000 gal. propane tanks and one 18’ high by 20’ diameter 40,300 gal. oil tank. Provisions have been made to accommodate more product than the tank holds should there be any type of spillage (137%). Twelve spaces have been provided for delivery trucks. It was noted by Mr. Meadows that only 35% of the product they use will be stored on this site. -Ted Gendron, AST Construction, provided the Board with information concerning oil tanks. Pictures of the proposed tanks were distributed to the Board. The tank will be 20’ in diameter and 18’ high in accordance with American Petroleum Institute Standards. He continued by describing the tank itself and placement on the site. Under PA guidelines, certain criteria has to be met when inspecting oil tanks. -Matthew Hiltz, Lancaster Propane Co., noted that the tanks will be 11’ in diameter and 47’ long on concrete footers and piers. Pictures were given to the Board showing the installation of six propane tanks. The tank locations were approved by the PA Department of Labor & Industry and complies with their regulations. A Fire Safety Analysis Report was provided to the Board. A Santopietro wants to be sure that residents surrounding this property are protected. He requested that hours of operation, lighting, noise and odors be addressed. -Steve Struble, Gen’l Manager, commented that the Board’s concerns are the same as the applicant. He wants to be a good neighbor. Hours of operation were provided to the Board. This will not be a high-traffic terminal, but a refueling point for trucks in this area. The applicant was asked to include Delaware Valley, Upper Black Eddy Fire Companies and Emergency Services in their fire safety analysis report. The applicant is considering introducing bio-diesel and bio-diesel blends to the community and to store them at this facility. The applicant will be using excess topsoil on site to install a berm. T. Stone was concerned with the distance of the site from the Quarry. C. Bahnck commented that they are well over 1,000’ away (probably ¾ of a mile). T. Gendron noted that the foundations of tanks are designed for certain earthquake zones. He will review the geographical area and determine the zone where these tanks will be constructed. Carrie Nase commented that Mr.Meadows is seeking relief from the following: reduction of minimum lot size to 4.06 acres; the minimum front yard setback of 100’; fuel storage facility setback (minimum 100’) The Attorney and the Board of Supervisors reviewed the Wynn Associates review letter of September 30, 2010: #1: Will Comply - will submit information to meet H-10 Ordinance regulations. #2: Was Discussed – they identified the height of tanks for proper screening. #3: Will Comply – Excess topsoil will be used for construction of a berm. #4: Will Comply - submit plans regarding proposed truck/commercial vehicle parking. #5: Will Comply after Conditional Use process. #6: Will Comply – present written verification from BCDH of suitability of existing sandmound. #7: Stormwater facilities calculations will be addressed during the Land Development process. #8: Will discuss proposed site lighting during conditional use process, hours of operation presented to the Board at tonight’s meeting. #9: Working with Township Engineer regarding tree replacement on site. The applicant has no plans, at this time, to construct any previously approved buildings. N. Janyszeski posed a concern with regard to the leasing of portions of the building to another business. It was noted that it would be for uses permitted on the application. A question arose about piping for a dry hydrant. It was noted that, according to the code, it is not required. The Board took no action.
STAFF REPORTS:
-A motion was made by A. Santopietro, seconded by B. Keyser, to approve the September 2010 Road Report as presented. The motion carried 5-0-0.
b. Treasurer’s Report: Keith DeLuca gave the Report to the Board. -All quarterly reports are complete and ready for mailing. -The CDBG and Recycling Grant applications have been completed and delivered. The Township received its 2008 recycling grant in the amount of $3,997.00. The amount is far more than we anticipated. -The Township also received a grant in the amount of $20,000.00 was received to be used towards the request for hearing to the Delaware River Basin Commission for “test” and “exploratory” gas wells as well as other legal avenues available for this matter. The contract was available for Board signature. -He attended the grant workshop at Lafayette College, on October 12 th; the material presented at the workshop will be beneficial to the Township in obtaining future grants. -The Township received recommendations from PIRMA, our insurance provider, in connection with a site inspection performed this past August. There are 2 recommendations that must be addressed: update employee personnel policies and obtain Fire Company driver list and training requirements. The latter has been completed, it is suggested that the former be implemented within a reasonable time frame. -For the billing period of August 23 to October 1, 2010, the Zoning Officer/Building Inspector collected $12,544.50 in fees; billing the Township $9,100.00 for their services. -Escrow funds being released tonight; David Much, $1,000.00, driveway escrow. -Fire and EMS Tax distributed this month: $392.97. -Included in bills being presented tonight; 2010 Volunteer Fire Relief Association distribution, $44,679.90; 2010 State Pension Aid, $10,424.07; AMS, $103,151.00. Total bills are being presented tonight; General Fund, $97,939.09; Fire & EMS Tax Distribution $392.97; State Fund, $103,237.08; Community Day Fund, $910.00; Recreation Fund, $450.00 and Escrow Fund, $19,940.04. -Transfers requested; $450.00 from Recreation Fund to the General Fund, $910.00 from Community Day fund to the General Fund and $4,895.00 from the Grants Fund to the General Fund. Solicitor, J. Yeager commented that the Woodtiger Grant monies are to offset attorney’s fees for the Delaware River Basin Commission matter. -A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve the October 2010 Treasurer’s Report, as presented. The motion carried 5-0-0. -A motion was made by N. Janyszeski, seconded by B. Keyser, to release the $1,000.00 driveway escrow payment to David Much. The motion carried 5-0-0. -A motion was made by N. Janyszeski, seconded by Wm. Sadow, to approve the October 2010 Bill List as presented. The motion carried 5-0-0. -A motion was made by N. Janyszeski, seconded by A. Santopietro, to transfer $450.00 from the Recreation Fund to the General Fund, $910.00 from Community Day Fund to the General Fund and $4,895.00 from the Grants Fund to the General Fund. The motion carried 5-0-0.
SOLICITOR’S REPORT: a. Litigation Updates: Arbor Resources, Hanson Aggregates, BMC – Regarding the Hanson decision, oral arguments were held in Commonwealth Court last week. The decision may take six weeks to one year. - Arbor Resources – Arbor instructed its counsel to withdraw from the proceedings and as an interested party before the Delaware River Basin Commission (DRBC). On October 18, 2010 the PADEP received a request from Arbor to withdraw their permit, at which time the permit was cancelled. The appeal before the Environmental Hearing Board will be dismissed. Any new permit applications would be governed under current regulations.
- James Logan voiced his concerns about quarry blasting. He noted that, for some time, no sirens are being sounded prior to quarry blasts. Wm. Sadow commented that sirens are required by the state of Pennsylvania and to contact MSHA (Mine Safety and Health Administration), they regulate quarry operations. J. Yeager suggested that since Mr. Logan has experienced it first hand, that he contact the state and advise the Township of any letters he sends and responses he receives.
b. Berger Road – Ferreira Petition to Close Road – A request for extension of the public hearing was received on October 8, 2010 from the attorney for the Ferreira’s. An agreement was reached with the applicant, and it was the consensus of the Board, to hold the hearing February 2011.
COMMITTEE ACTION ITEMS – LIAISON REPORT a. Input from Committees for 2011 – Todd Stone presented the Township with two photographs of the recently conserved Gottlieb and Fleck properties from the Open Space Committee. He read a prepared statement from the Committee into the minutes (see attachment). - A call was put out to the Committees, by N. Janyszeski, for their vision for Nockamixon Township in 2011.
LAND DEVELOPMENT:
A motion was made by N. Janyszeski, seconded by A. Santopietro, to accept Wehrung’s Phase II L/D TMP# 30-10-35 grants an extension to December 31, 2010. The motion carried 5-0-0.
OLD BUSINESS: There was no Old Business NEW BUSINESS: a. Holiday Party – Discussion – Friday, December 17, 2010 –A motion was made by N. Janyszeski, seconded by B. Keyser, to hold the annual Holiday Party at the Indian Rock Inn on Friday, December 17, 2010 from 4:00-7:00 P.M. The motion carried 5-0-0.
b. Permission to send notification letter to Committee Positions whose terms are expiring – advertise for open positions – set date for receipt of letters of interest. - A motion was made by N. Janyszeski, seconded by C. Bahnck, to grant permission to the Secretary to send notification letters to Committee Positions whose terms are expiring in 2010. The motion carried 5-0-0. -A motion was made by N. Janyszeski, seconded by C. Bahnck, to advertise for the Committee Positions and the Planning Commission. The motion carried 5-0-0. It was the consensus of the Board that all letters of interest should be received by Wednesday, December 29, 2010.
-Three American Flags were received from the Offices of State Representation Marguerite Quinn and State Senator Robert Mensch. The Board requested that the Secretary send a thank you letter to their offices.
c. Bridge Repair Design – Discussion – Ludwig Proposal -A motion was made by N. Janyszeski, seconded by C. Bahnck, to expend up to $3,500.00 for the bridge repair report from Ludwig Engineering Company. The motion carried 5-0-0. - N. Janyszeski amended her motion to expend up to $3,800.00, seconded by C. Bahnck. The motion carried 5-0-0.
d. BCATO – Fall Convention Thursday, October 21, 2010 – Attendees - $50.00/person -A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve the attendance of N. Janyszeski at the BCATO Convention at a cost of $50.00. The motion carried 4-1-0 with A. Santopietro voting nay.
e. Resolution – Appoint Keystone Collections Group – Tax Collection Agent 2011 – Permission to notify Bucks TCC and PA DCED. -A motion was made by N. Janyszeski, seconded by Wm. Sadow, to appoint Keystone Collections Group as the Tax Collection Agent for 2011 and to notify the Bucks County TCC and PA DCED of the appointment. The motion carried 3-2-0 with B. Keyser and A. Santopietro voting nay.
f. Bucks County Bicycle Plan - Discussion – N. Janyszeski commented that a request was received for information regarding the development of the Bucks County Bicycle Plan. It was noted that Township roadways are not conducive to paths due to the lack of shoulders and sidewalks and that Nockamixon State Park has recently reconstructed their bike paths. A motion was made by N. Janyszeski, seconded by B. Keyser, to respond that we only have ‘roads to nowhere’ in our Township and that we are in very close proximity to Nockamixon State Park with existing and newly renovated bike trails. In addition, the Delaware Canal paths have also been refurbished. The motion carried 5-0-0.
COMMITTEE REPORTS: a. Zoning Report –C. Clayton, Zoning Officer, was not in attendance. - A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve the Zoning Report as presented. The motion carried 5-0-0.
b. Emergency Management – Ed Mocarsi Resignation – A motion was made by N. Janyszeski, seconded by Wm. Sadow, to accept the resignation of Ed Mocarsi from the Emergency Management Agency. The Board thanked him for all the fine work that he has done and for all his contributions, not only for Emergency Management but for the Township regarding the installation of cabling and phone wiring. The motion carried 5-0-0.
c.Environmental Advisory Committee – J Petersen, Co-Chair, was in attendance. No report.
d. BNT Ground Water Committee – No members present.
e. Open Space Committee – Discussed earlier in meeting. No members present.
f. Park & Recreation Committee – No members present.
g. Nockamixon Historic Commission – N. Janyszeski , liaison for the Historic Commission, commented that should this committee have a fund raiser, would the Township consider opening a savings account for these funds? It was noted that there should be a clear understanding that these monies, although designated as Historic Commission funds, would be controlled by the Township.
At 8:50 P.M. Chair, N. Janyszeski, commented that the Board would meet in Executive Session to discuss Real Estate and Litigation. At 9:50 P.M. Chair, N. Janyszeski commented that the Board met in Executive Session to discuss Real Estate and Litigation.
The Board of Supervisors confirmed that a meeting will be held on Wednesday, October 27, 2010 to discuss Personnel.
ADJOURNMENT: A motion was made by A. Santopietro, seconded by N. Janyszeski, to adjourn the Board of Supervisors meeting at 9:50 P.M. The motion carried 5-0-0.
Respectfully Submitted,
Arlene E. Eichlin Recording Secretary |