MINUTES of MEETING

Durham Township Board of Supervisors

Tuesday, January 13, 2009

Township Building Meeting Room

 

Present:  Supervisors:         Bartley E. Millett, Chairman

Richard M. Johnson, Vice Chairman

Manfred Marschewski, Member

 

Secretary:             Joseph M. Kulick

                Solicitor:               Peter N. Harrison

                Zoning Officer:  Peter W. Bent

                Road Master:        Jim Laubach

 

Absent:  None

 

Meeting called to order by Chairman Bartley Millett at 7:34 PM.  All in attendance stood and recited the Pledge of Allegiance to the American Flag.  

 

Approval of Minutes from December 30, 2008 Year End Meeting

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

 

Approval of Minutes from January 05, 2009 Reorganization Meeting

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

 

Approval of Financial Report Dated December 31, 2008

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

 

Approval of 2008 Survey of Financial Condition

Chairman Bartley Millett made a motion to approve the financial report as presented and Vice Chairman Richard M. Johnson seconded the motion.  All agreed.  Motion passed.  

 

Approval of 2008 State Fund Actual Use Report

Chairman Bartley Millett made a motion to approve the report as presented and Member Manfred Marschewski seconded the motion.  All agreed.  Motion passed.  

 

Updates: 

 

Kerl Conservation Purchase

Township Solicitor Peter Harrison advised the board that he indeed attended the settlement of this property on December 23, 2008 and the parcels conservation easement (18 acres in Durham) is now owned by the township. 

 

Cartway Widening Draft Ordinance

Township Solicitor Peter Harrison briefly updated the board on the pending draft SALDO amendment ordinance (increasing the width of all new development entrance roads).  We are presently awaiting a final review by the township engineer. 

 

Park & Rec Wreath Making Class

Township Manager Joe Kulick advised the board on a successful class held on Saturday, December 13, 2008 in the grist mill.  Approximately 20 people paid the $20.00 donation resulting in a net profit of $218.44 towards the mill restoration effort.  Several volunteers including Jerry Fritz, Erin Goga, Heather Shea, Peter Thomson and George Mason made it a success.

 

New Business:

 

Forestry Plan for AP Creations/Serenity Investors Parcels 11-005-109, 110 & 119

 

Zoning Officer Peter Bent advised the board on the receipt of a plan to selectively remove approximately 370 trees / 4 trees per acre from the above properties located in the area of State Routes 611 & 212 in our township; under “Use A-4, Forestry”.  Chairman Bartley Millett reported that he, Peter Bent, John Perkins and Dave Clymer, Forester, from Tuscarora Hardwoods, Inc., the contractor hired by Pat Cook, owner of  the property, had recently walked the site.  

 

Peter Bent advised that under Use A-4, forestry is a “use by right” subject to several conditions; one cannot clear-cut more than 5 acres or 20%; one must re-establish forestation (except for agricultural purposes); a complete clear-cut is prohibited; they must maintain a “visual appearance”; and post a bond to ensure re-forestation and to guarantee a satisfactory clean-up and damage repair.  The contractor would use existing entrances on Route 611.  A minimum three (3) day notice to township and BC Conservation District is required prior to starting work.  If issued, a permit would remain in force for one (1) year.  The county has approved the soil & erosion plan as submitted. 

 

The Durham Township Planning Commission reviewed the application and has recommended approval with five (5) conditions:  (1) Applicant to contact PennDOT regarding a possible state highway access permit. (2) No cutting to occur within 50’ of top of stream bank of Cooks Creek. (3) BCCD & township notified three (3) days prior to start of work. (4)Permit valid for one (1) year only for selective harvesting with no clear cutting. (5) Township to check with solicitor on need for owner to sign a “No Development Agreement”. Solicitor Peter Harrison advised there was not a need for this agreement since no clear cutting would take place.  The Zoning Officer also recommended approval of the permit. 

 

Chairman Bartley Millett requested the addition of another condition; that the property owners notify the farmer (Crouse) presently renting space on the property of possible soil compaction and provide proof to the township of the notification.  Resident Kathy Clark asked what type of tree would be removed; Tulip Poplar.  Resident Wallace Frank questioned who would be responsible for any damage created to the land; the land owners.

 

The board unanimously agreed with all recommendations and conditions and advised the zoning officer it is okay to issue a permit.  There were no further comments or questions.

 

Resolution 2009-1; Creation of New Open Records Policy & Appointment of Open Records Officer

 

The Chairman noted the state has mandated via Act 3 of 2008 the requirement for all government entities to create a new opens records policy; along with a designated representative responsible to reply to all written requests within five (5) days.   The Chairman made a motion to nominate Township Manager Joe Kulick to the position and approve Resolution 2009-1 outlining the policies & procedures to be followed for any public information requests.  Vice Chairman Richard Johnson seconded the motion and Member Manfred Marschewski agreed.  Motion passed, Resolution 2009-1 approved. 

 

Appointment of EAC Chairman

 

On a motion from Chairman Bartley Millett, seconded by the Vice Chairman and agreed to by Member Manfred Marschewski; the motion passed appointing John Paul Perkins to the position of Chairman, EAC for 2009 as required by Ordinance 1994-2. 

 

Old Business:  None Presented

 

Zoning Officer Report – Peter Bent

 

Zoning Officer Peter Bent was present at the meeting and advised the board; no new zoning permits were issued since last meeting: a total of twenty one (21) permits were issued in 2008; nineteen (19) permits were issued in 2007.  He (Bent) noted that construction has begun on repairing the canal wall that was damaged during a storm in September of 2008.  Resident Wallace Frank questioned when demolition of the existing abandoned trailer on the Gartner property would take place; exact date unknown at present.  He (Frank) also questioned the status of the abandoned produce stand on Route 611; still under review by owners.  There were no further comments or questions.

 

Road Master Report – Jim Laubach

 

Township Road Master Jim Laubach was present and advised the board on the following:  salt spreaders have been installed on the trucks; repairs made to power take-off on DT-2; repaired the two-way radio on the 584 tractor; roads have been salted/plowed five (5) times already.  Member Manfred Marschewski commended the road department on their excellent performance.  There were no further comments or questions.

 

Library Board Report – Katherine F. Clark, Library Board Member

 

Durham Library Board representative Kathy Clark was present at the meeting and reported; 5,767 walk-in patrons in 2008; 15,406 items circulated; 1,475 items lent to other libraries in the Bucks County system; 1,689 items lent out to other libraries; 101 meetings held with 762 attending; 1,467 items added to the collection; 114 new library cards added; 253 reference questions answered; 236 computer/internet uses; 521 online book/material renewals; 14,854 total items now available at library (9,324 adult/5,620 easy/juvenile).  She reported 441 Durham Township card holders; 529 from Riegelsville; and 357 from out of the county, including New Jersey. 

 

Township Manager Joe Kulick requested an update on the financial status of the library and their ability to remain a service to the area.  Mrs. Clark noted the reduced donations and the need to repair the building where it is located but declined to elaborate. There were no further comments or questions.

 

2009 Fee Schedule:  Chairman Bartley Millett noted the 2009 Fee Schedule will be reviewed at the February meeting and any suggested changes be submitted to the township manager prior to the meeting.

 

Public Service Announcements:  The Chairman announced:

 

The Community Fire Company #1 will be serving breakfast on Sunday, January 18, 2009 from 8:00AM to 12:30PM. 

 

The Community Fire Company #1 will be serving fresh home-made Fasnachts on February 24, 2009 at the fire house.  Additional information will follow. 

 

Community Monthly Recycling Day will be on Saturday, February 07, 2009 from 9 AM to 12 Noon

 

Durham AA Baseball sign-ups will take place at the township building on Thursday, January 29th & Friday, January 30th from 6:00PM to 9:00PM and Saturday, January 31st from 9:00AM to 2:00PM.  These 3 days only.  Peter Cox has assumed the responsibilities of President of the association for which the board thanked him. 

 

Questions/Comments:  

 

Resident Charlie Herrmann questioned the progress of the clean-up on the Quier property located on Kintner Road.  He has not seen any progress to date and requested the board to act on the situation.  The Chairman referred to a letter received from the zoning officer noting that follow-up and some progress has occurred.  Member Manfred Marschewski suggested a zone clean-up (one section at a time) be employed.  Zoning Officer Peter Bent noted that he has seen some progress with a gradual clean-up occurring.  Mr. Quier, present at meeting, questioned “what is clean?” and that it “took him 40 years to collect these treasures”.  The Chairman suggested a definite schedule be created with the zoning officer.  Charlie Herrmann agreed with the plan.  Resident Fran Chavar, also present, requested a similar schedule for the abandoned trailer & produce stand (mentioned earlier) be created and enforced!   The Chairman requested that the zoning officer contact Joe Gartner regarding the removal of the abandoned trailer.

 

Pay Bills / Close Meeting:

 

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

 

The meeting was adjourned at 8:54 PM.

 

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

Approved:  02-10-2009 BOS Meeting