MINUTES OF NOCKAMIXON TOWNSHIP

BOARD OF SUPERVISORS

DECEMBER 15, 2010

Theregular scheduled meeting for December was held on December 15, 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. Yeager, Secretary, A. Eichlin and Treasurer, K. DeLuca.

SCHEDULING: Chair, N. Janyszeski, reviewed the schedule. She thanked all Committees Members for their hard work during the past year.

MINUTES OF MEETING:

-A motion was made by A. Santopietro, seconded by B. Keyser, to approve the November 17, 2010 minutes as presented. The motion carried 5-0-0.

PUBLIC COMMENT:

The following Church Hill Road residents attended the meeting to voice their concerns regarding the business located at 212 Church Hill: Celeste Dashiell & Glenn Shade, Andrew & Nancy Hamm, Brenda Foster, Nancy Alessi and Jerry Tumulo. Issues included, but were not limited to: a G-7 business use in the Residential/Agricultural zoning district; a proposed pole barn to house the trucks; noise from the idling trucks; traffic safety concerns regarding the water and ice runoff that accumulate on the roadway from the commercial driveway; removal of the old driveway and construction of a new driveway; lack of a land development and stormwater management plan for the site and that the Township confirm that a Cease and Desist order has been issued. They requested that the Board contact the owner and ask him to comply with zoning. The Solicitor commented that the Board has heard their concerns and what they would like to see happen. The Board needs to review what has transpired so far including the documents that have been sent to SB Trucking. He will follow-up with the Zoning Officer and, based on the available information, see what steps need to be taken. He suggested the Ms. Dashiell contact the office for updated information.

ADOPTION OF 2011 BUDGET: Chair, N. Janyszeski, commented that the Board has been working on the Budget for several weeks and noted that it is 10% less than last year. The real estate tax has decreased by .5 mills. They hope to continue reducing taxes annually. The Board thanked the Treasurer for his hard work during these meetings. At 8:05 PM The Chair opened the meeting to public comment:

N. Alessi commented that the permitting process brought in very few fees. It was noted that the Township had received a 50% return on the annual Keystone Municipal billing.

-C.C. Hopf, BNT GWMC Chair, respectfully requested that the Board consider re-instatement of the $500.00 line item for the Groundwater Committee in the Nockamixon Township 2011 Budget. She noted that they have been included in other Townships budgets. Chair, N. Janyszeski commented that the Board would not address tonight, but will revisit at a later time.

-J. MacFarland questioned if there was any member of the Board that does not support what the Groundwater Committee is doing. Chair, N. Janyszeski commented that all the members support the Committee and that there were no line items for any committee. Wm. Sadow noted that the Board would review requests for money during the year.

-S. Donovan commented that a bill had been submitted to the Township for printed material. The Board had clearly indicated last year that all requests for materials need to be pre-approved. Public comment was closed at 8:10 PM

A motion was made by N. Janyszeski, seconded by B. Keyser, to adopt the Nockamixon Township Budget for 2011, as presented. The motion carried 5-0-0.

-The Board of Supervisors met in Executive Session from 7:00-7:30 P.M. to discuss Real Estate, Litigation and Personnel.

STAFF REPORTS:

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

-A motion was made by A. Santopietro, seconded by Wm. Sadow, to approve the November 2010 Road Report as presented. The motion carried 5-0-0.

A motion was made by A. Santopietro, seconded by Wm. Sadow, to advertise for bid the Petroleum Products (Unleaded Gas/Diesel) in the Daily Intelligencer. The motion carried 5-0-0.

b. Treasurer’s Report:

Keith DeLuca gave the Report to the Board.

-DCED form CLGS-2565, 2011 Municipal Tax Information Form was submitted electronically to the state on November 18, 2010.

-The two grant applications for PennDOT have been completed and sent out. The grant request to convert conventional traffic signal lights to LED is for $13,000.00, with the Township matching $3,000.00 in labor and equipment rental, making the total grant request for $10,000.00. $95,000.00 to replace guide rails on Township Bridges is the second grant requested. The Township will match $10,000.00 from the Road Improvement Fund to bring the total request to $85,000.00. A. Santopietro voiced concerns about the LED lights with regard to icing and requested that the Treasurer make inquiries to confirm that heaters are not needed.

-There is a $5,000.00 Technology Grant available thru Municibid, a private entity. He requested permission to submit an application. A motion was made by N. Janyszeski, seconded by A. Santopietro, to approve applying for a $5,000.00 Technology Grant. The motion carried 5-0-0.

-On December 6 th the Township changed health insurance providers to Delaware Valley Health Insurance Trust and terminated services provided by CBDI. Originally the application process takes about four months, but DVHIT expedited the paperwork and we were approved within one week. A motion was made by N. Janyszeski, seconded by A. Santopietro, to direct the Solicitor to advertise for an ordinance for Delaware Valley Health Insurance Trust for the January Meeting. The motion carried 5-0-0.

-An update on last months request to investigate other electric providers. On December 3 rd the Township entered into a contract with Champion Energy Services. They are the same provider used by the County of Bucks and offered to the Township as part of a piggyback provision in Bucks County electric contract. We had an anticipated savings of 20%, but the savings should be greater in light of PECO’s 27% increase for next year.

-Hutchinson, Gillahan & Freeh has provided the Township with a contract to perform its annual audit. The Board requested that the Treasurer contact the auditor for a revised contract.

-For the billing period of November 1 st to November 26, 2010, the Zoning Officer/Building Inspector collected $1,147.00 in permit fees, while billing the Township $4,350.00 for their services.

-Included on this month’s bill list is the 2010 Semi-Annual LST distribution for the Upper Bucks Regional EMS in the amount of $3,234.38

-Total bills being presented tonight; General Fund, $17,984.54 and Escrow Fund, $1,311.87.

-Transfers requested: $18,397.50 from Grants Fund to General Fund.

-A motion was made by N. Janyszeski, seconded by WM. Sadow, to approve the December 2010 Treasurer’s Report. The motion carried 5-0-0.

-A motion was made by N. Janyszeski, seconded by A. Santopietro, to transfer $18,397.50 from the Grants Fund to the General Fund. The motion carried 5-0-0.

-A motion was made by N. Janyszeski, seconded by B. Keyser, to approve the Bill List to include a check for reimbursement to S. Tenney in the amount of not more than $90.00. The motion carried 5-0-0.

Note: The Grant for the Upper Bucks Senior Center has been approved. It will be given to the County Commissioners for signature and then sent to the Township.

SOLICITOR’S REPORT:

• Hanson, BMC, Inc. – Court Decision – The Solicitor commented that the Township has received a favorable decision from Commonwealth Court in the procedural challenge by Hanson, BMC, Inc. of the validity of the Township Ordinances.

b. Meadows Petroleum – ZHB Appeal – Discussion – The Zoning Hearing Board has rejected Meadows application for a variance. An appeal has been filed by the applicant and the Solicitor suggested that the Board discuss in Executive Session about the Township’s position in that litigation.

-The Solicitor suggested that the Board of Supervisors entertain a motion to have the Township intervene in the appeal of the decision of the Meadows Petroleum zoning Hearing Board. N. Janyszeski entertained that as her motion, seconded by A. Santopietro. The motion carried 5-0-0.

c. Meadows – Conditional Use Hearing – Extension to January 31, 2011 – A letter was received from Carrie B. Nase, Attorney for the applicant dated December 3, 2010 which agreed to an extension of the Conditional Use Hearing to January 31, 2011. It would have expired at the end of December. The Solicitor recommended that the Board make a motion to grant the extension for the Meadows Petroleum Conditional Use hearing until January 31, 2011. N. Janyszeski entertained that as her motion, seconded by A. Santopietro. The motion carried 5-0-0.

d. Consideration of Resolution to Establish Fees for Verification of Approvals – A motion was made by N. Janyszeski, seconded by C. Bahnck, to approve Resolution #12-15-2010 to Establish Fees for Verification of Approvals for Act 46 of 2010 as presented. The motion carried 5-0-0.

-- Revere Chemical for Superfund Site – The EPA has conducted their third five-year review of this site. They identified a hunting stand within the capped site area and the Environmental Covenant prohibits any activity in that enclosed area. The Solicitor suggested that they make a determination and, if it is properly posted, additional monitoring may be needed. The road crew was directed to remove the hunting stand from the area.

At 8:35 PM, Chair, N. Janyszeski commented that the Board of Supervisors would meet in Executive Session to discuss Litigation and Personnel. The Board returned from Executive Session at 9:10 PM where they met to discuss Personnel and Litigation.

-A motion was made by N. Janyszeski, seconded by A. Santopietro, to authorize the Zoning Officer to begin enforcement action for a Cease and Desist Order, at the earliest possible time, for 212 Church Hill Road. The motion carried 5-0-0.

The Solicitor left the meeting at 9:15 P.M.

COMMITTEE ACTION ITEMS:

-N. Janyszeski commented that the Historic Commission received items from the Estate of Mary Shively and decided to donate these articles to the Bucks County Historical Society. The Commission would like to make copies of this information.

N. Janyszeski requested a motion from the Board that, when time permits, to authorize the Treasurer to apply for a grant to help offset the cost of copying and digitizing the documents.B. Keyser entertained that as his motion, seconded by A. Santopietro. The motion carried 5-0-0. The estimate to digitize the documents is $2,000.00.

-J. MacFarland has located the Township Medallions. They were purchased 2003 or 2004 and will contact A. Eichlin with additional information.

-Environmental Advisory Committee – B. Keyser commented that a resident inquired about current construction at Hidden Valley. It was noted by A. Santopietro that this is a test pit to contain seepage that was discovered earlier this year.

-B. Keyser wanted to know if Hidden Valley reports have been received from Bucks County. A. Eichlin commented that she had spoken with S. Baluh and no reports have been received recently. It was the consensus of the Board to contact S. Baluh and request that he follow-up with the County.

-Open Space Committee – E. Chapman requested a copy of the Open Space information that was sent to the Morning Call. A. Eichlin will provide them with copies. Open Space has received a renewal request for the PA Land Trust Association. It was the consensus of the Board that it would be renewed if, in the past, funds were used from Open Space and not the General Fund.

SUBDIVISIONS:

a. A. Morton-3-Lot Sub TMP# 30-13-5 – grants extension to March 28, 2011 – A motion was made by A. Santopietro, seconded by Wm. Sadow, to grant an extension to A. Morton 3-Lot Sub TMP# 30-13-5 until March 28, 2011. The motion carried 5-0-0.

LAND DEVELOPMENT:

• D. DiPalantino TMP# 30-11-83-–grants extension to March 28, 2011 -
• Wehrung’s Group Phase II L/D TMP# 30-10-35--grants extension to February 28, 2011

A motion was made by A. Santopietro, seconded by C. Bahnck, to grant an extension to D. DiPalantino TMP# 30-11-83 until March 28, 2011 and Wehrung’s Group Phase II L/D TMP# 30-10-35 until February 28, 2011. The motion carried 5-0-0.

OLD BUSINESS:

-A motion was made by N. Janyszeski, seconded by A. Santopietro, for an out-of-meeting check in the amount of $800.00 for an already approved expenditure for the 2010 budget for the Fourth Grade Trip to Harrisburg. The motion carried 5-0-0.

a. Township Recycling Bins – Review – Bins are currently available at the Township Building 24-7. Keith DeLuca commented that the Township has reduced the cost of recycling by 50%, and doubled the grant monies received from the State. – There is an ongoing problem with items other than recyclables e.g. trash, household goods and electronics. The Board suggested posting signs with additional items “no computers, electronics, mattresses, household furniture and tires”. Advise the Board of the cost to purchase these signs.

NEW BUSINESS:

a. Permission to advertise for 2011 Reorganization Meetings (BOS, PC, ZHB & Elected Auditors) – A motion was made by N. Janyszeski, seconded by B. Keyser, to grant permission to the Secretary to advertise for the 2011 Reorganization Meetings of the Board of Supervisors, Planning Commission, Zoning Hearing Board and Elected Auditors. The motion carried 5-0-0.

b. PSATS Convention – April 17-20, 2011 - Attendees

A motion was made by Wm. Sadow, seconded by B. Keyser, to approve the attendance of N. Janyszeski at the PSATS Convention April 17-20, 2011 and an out-of-meeting check in the amount of $100.00 to cover the room deposit. The motion carried 5-0-0.

COMMITTEE REPORTS:

a. Zoning Report – Solar Ordinance and Business Permits. - C. Clayton, Zoning Officer, was not in attendance . A motion was made by N. Janyszeski, seconded by B. Keyser, to send the sample Solar Ordinance and Business Permit Ordinance to the Planning Commission for review. The motion carried 5-0-0.

b. Emergency Management – No December meeting

c.Environmental Advisory Committee – J. Petersen, Co-chair, attended the meeting. Discussed action items earlier in the meeting.

d. BNT Ground Water Committee – S. Donovan attended the meeting. C. Bahnck attended the December 8, 2010 Committee meeting. They reviewed the revised updates to the by-laws. All information will be sent to the Townships.

e. Open Space Committee –Co-Chair E. Chapman was in attendance. The Committee requested an Executive Session to be held later in the meeting.

f. Park & Recreation Committee – No members present. There were no action items.

g. Nockamixon Historic Commission – No members present. The Board discussed action items earlier in the meeting.

At 9:40 PM, Chair, N. Janyszeski commented that the Board of Supervisors would meet in Executive Session to discuss Real Estate. The Board returned from Executive Session at 10:10 PM where they discussed Real Estate.

ADJOURNMENT:

A motion was made by Wm. Sadow, seconded by A. Santopietro, to adjourn the Board of

Supervisors meeting at 10:12 P.M. The motion carried 5-0-0.

Respectfully Submitted,

Arlene E. Eichlin

Recording Secretary