MINUTES of MEETING

Durham Township Board of Supervisors

Tuesday, January 12, 2010

Township Building Meeting Room

 

Present: Supervisors:       Bartley E. Millett, Chairman

Richard M. Johnson, Vice Chairman

Manfred Marschewski, Member

 

Secretary:           Joseph M. Kulick

               Road Master:     Jim Laubach

Solicitor:            Peter N. Harrison

Zoning Officer:  Peter W. Bent

 

Meeting called to order by Chairman Bartley Millett at 7:36 PM.  All in attendance stood and recited the Pledge of Allegiance to the American Flag.

 

Approval of Minutes from 12-29-2009 End of Year Meeting

Vice Chairman Richard M. Johnson made a motion to approve the Minutes as presented. Member Manfred Marschewski seconded the motion and all agreed. Motion passed, Minutes approved as submitted.

 

Approval of Minutes from 01-04-2010 Reorganization Meeting

Member Manfred Marschewski made a motion to approve the Minutes as presented. Vice Chairman Richard M. Johnson seconded the motion and all agreed. Motion passed, Minutes approved as submitted.

 

Approval of Financial Report Dated December 31, 2009

Vice Chairman Richard M. Johnson made a motion to approve the Financial Report as presented. Member Manfred Marschewski seconded the motion. All agreed.  Motion passed.  

 

 Approval of 2009 Survey of Financial Condition

Vice Chairman Richard M. Johnson made a motion to approve the Financial Report as presented. Member Manfred Marschewski seconded the motion. All agreed.  Motion passed.  

 

Approval of Actual Use Report of State Funds Ending December 31, 2009

Vice Chairman Richard M. Johnson made a motion to approve the Financial Report as presented. Member Manfred Marschewski seconded the motion. All agreed.  Motion passed.  

 

Updates:  None

 

New Business:

 

Delaware & Lehigh Drive Scenic Byway Presentation:

 

Ms. Elissa Thorne, Vice President of Heritage Programs for the D&L National Heritage Corridor, provided a presentation on the proposed creation of River Road (Routes 611 & 32) from Easton to Bristol, PA., as a designated scenic byway.  The byway (formerly known as a “scenic drive”) would originate in Wilkes-Barre, PA.  In order for the byway to be created, all municipalities along the route must approve via a resolution of support and also enact a specific sign ordinance prohibiting the erection of billboards. Existing billboards would not be affected.  Too date only six (6) municipalities from Easton to Bristol have not formally adopted the approval resolution and sign ordinance.  A decision by the board is requested no later than April 15, 2010.

 

Resident Pete Thomson commented on the lack of any explanation of any benefits to the township if we supported the creation of the byway. Ms. Thorne noted on the availability of future grant money to improve roadway safety, recreational improvements, or any local attractions. Grant money could also be used to preserve land along the byway.  Member Manfred Marschewski expressed interest in identifying the available funds so that a portion of the local taxpayer’s money could be returned for local improvements. Vice President Richard Johnson noted that he would most likely not be in favor of the designation; due to increased government control of resident’s property by the state. He will however keep an open mind and review all material.  The Chairman thanked Ms. Thorne and noted that the board’s decision will be forthcoming prior to the April 15th deadline.   There were no further comments or questions.

 

Glazier/Collioud Subdivision Final Plan Extension Request:

 

Township Solicitor Peter Harrison advised the board on the receipt of a written request from Attorney Steven Harris representing his client, Robert Collioud, owner of the property.  They are requesting a five (5) year extension on the previously approved and unrecorded Glazier 4-lot subdivision expiring March 8, 2010.  The Developers Agreement was never signed and the township did not receive any financial security.  The solicitor advised the board that they could do nothing and the plan would expire, or they could grant a written extension for any time period.  The financial security amount could also be increased to present day values if an extension is granted.  Also, granting an extension would freeze any zoning changes for the period extended.  The solicitor also advised the board to require the posting of the financial security prior to any recording of the plan.   

 

The Chairman directed the solicitor to obtain an updated financial security amount from the township engineer and then the board will provide a decision at the February board meeting.   The Vice Chairman commented that he may be in favor of an extension but not for five (5) years.  Member Manfred Marschewski concurred.  There were no further comments and/or questions.

 

Review of Letter from Planning Commission re RAP District Guidelines:

 

Pete Thomson, a member of the township planning commission, was present and provided a brief explanation of the letter from the planning commission to the board of supervisors.  The Chairman noted that the planning commission, in conjunction with the recently updated Comprehensive Plan, has been working diligently to update the existing zoning ordinance.  The Chairman read aloud the letter, requesting the boards’ opinion on seven (7) basic principals as presented by the planning commission. Letter entered here for the record:

 

Dear Board of Supervisors:

 

As you are already aware the Planning Commission, at your direction, has been reviewing our present Zoning Ordinance for updating.  Pursuant to our Comprehensive Plan; a major part of this process is the creation of a new zoning district know as the “Resource / Agriculture Preservation” (RAP) District.  After months of discussion, the planning commission has narrowed down several points of interest in relation to developing this district.  It is the undivided desire of the commission to now solicit the supervisor’s opinion on these points, so as not to continue in the wrong path. 

 

We respectfully request that you review the below seven (7) items and offer any advice and/or opinions on this subject:

 

1.       Sixty (60%) percent of the prime agricultural and statewide important soils on the parcel would be employed as the soil protection area (preserved area) standard and 40% would be available for development.

2.       The 60% preserved area will be defined as “agricultural use” only with no further subdivision permitted.

3.       All existing land features with a higher protection factor, i.e. steep slopes, wetlands, Etc. would be exempt from inclusion in preserved area calculation.

4.       Lot sizes on the remaining (40%) tract will be a minimum of one (1) acre, or more. 

5.       A minimum lot size of ten (10) acres to require the 60% soil protection area.

6.       The protected area will be a contiguous area with a minimum width of 200’.

7.       One (1) new or existing free-standing single-family farm residence, with agricultural out-buildings, would be a permitted use on the 60% preserved portion of the parcel.

 

Due to the potential configuration of developable parcels (Remaining 40%) it may be necessary to grant waivers against ordinances such as cul-de-sac length. This has been observed in other townships with similar ordinances and may be unavoidable. We appreciate your consideration of this possibility and would like to understand your willingness to grant such waivers as necessary.

 

After you have read and commented on the above points; there may be other items you wish to discuss with us.  Perhaps a joint meeting, at your convenience, may be in order in the immediate future.

 

We remain at your service to provide further input should you so desire.

 

The Chairman noted the 60% preservation of prime agricultural soils per parcel was the percentage expressed in the Comprehensive Plan.  He (Millett) agreed with the seven (7) proposed recommendations as presented and felt they provided a solid foundation to expand further.  The Vice Chairman also felt they were acceptable. Member Manfred Marschewski expressed concern over who will be responsible to maintain the 60% of open space if not farmed.  He stressed the need to establish exact guidelines in the ordinance.  The Vice Chairman also thought that an exception to smaller parcels (60 acres?) should be considered when proposed development is on larger lots.  Perhaps the ability to request a waiver (via a Zoning Hearing Board?) to preserving the 60% should be considered.  Pete Thomson reminded the board that the purpose of preserving the 60% was to preserve agricultural activities.  There were no further comments and/or questions. 

 

Appointment of EAC Chairperson for 2010:

 

On a motion by Chairman Bartley Millett, seconded by Member Manfred Marschewski; John Perkins was re-appointed the EAC Chairman for 2010.  All agreed.  Motion passed.

 

Employee Holiday Pay Review:

 

Township Manager Joe Kulick requested the board consider revising the wording on our townships policy on holiday pay.  Presently an employee must work the day before and the day after a holiday to receive holiday pay.  He (Kulick) suggested amending the policy to include working on the holiday and adding the word scheduled in front of work day to receive holiday pay.  We had a road department employee who worked on New Years Day plowing snow but were not scheduled the day before or the day after.  Technically he would not receive holiday pay.   So the suggested wording would be:  receives holiday pay if working on the holiday or worked their scheduled work day prior to and after the holiday...or be on paid leave of absence.    As an added incentive the township manager also requested the board consider the paying of time and one half when an employee is required to work on the holiday.  The Vice Chairman commented that due to our present economic situation, he did not feel it was appropriate to increase the holiday pay.

 

The Vice Chairman then made a motion to approve the word changes only, seconded by the Chairman.  Member Manfred Marschewski voted present.  Motion passed. 

 

Old Business:  None Presented

 

Zoning Officer Report

 

Zoning Officer Peter Bent was present at the meeting and advised the board: a total of twenty four (24) zoning permits were issued in 2009.  No longer pending are permits to Kressman on Island Road for an addition to an existing barn; and for Gartner on 212 to build a new single family home both are approved and underway.  A possible application from AT&T for a Conditional Use Hearing to construct a cellular tower in the vicinity of Route 212 & Mine Hill Road may be forthcoming shortly; also pending is Sally Tye on Mine Hill Road for a new mobile home to replace an existing one. A Zoning Hearing Board has been scheduled on 01-21-2010 at 7PM in township building for Tye.  Mr. Bent asked the board if they would have any reason to express an opinion at this hearing.  The board felt that the ZHB could properly handle the matter.  The Upper Bucks Community Center Group has postponed any meetings until next month. There were no further comments or questions.

 

Road Master Report – Jim Laubach

Township Road Master Jim Laubach was present and advised the board; repaired chains and plow on DT-3; repaired the salt spreader on DT-1; filled pot-holes on Sunday & Coon Hollow Roads; washing the trucks and mixing salt.  Member Manfred Marschewski once again thanked the road crew for a job well done.  There were no further comments or questions.

 

Public Service Announcements:  The Chairman announced:

 

The Community Fire Company #1 will be serving breakfast on Sunday, January 17, 2010 from 8:00A  to 12:30P. 

 

Township Monthly Recycling Day will be held on Saturday, February 06, 2010 from 9 AM to 12 Noon.

 

Questions/Comments:  

 

Erin Goga announced 2 dogs and one cat are available for adoption from Wallace Frank’s property.

Fran Chavar requested that the potholes on Stouts Valley Road be filled.

 

Pay Bills / Close Meeting:

 

The Chairman made a motion to pay the bills as presented and to then close the Meeting; seconded by Member Manfred Marschewski and agreed to by the Vice Chairman.  Motion passed.  Meeting closed.

 

The meeting was adjourned at 9:19 PM.

 

Minutes Submitted by: Township Secretary/Manager Joseph M. Kulick

Minutes APPROVED at 02-09-2010 Board Meeting