MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, June 12, 2007
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
Road Master: James Laubach
Absent: Bldg Inspector: Tim Wittemann Zoning Officer: Peter W. Bent
Meeting called to order by Chairman Bartley E. Millett at 7:36 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Public Hearing: Three (3) Proposed Ordinances
1. Ordinance 2007-1; Amending the Definition of Single-Family Detached Residential Use:
Township Solicitor Peter Harrison read aloud the proposed ordinance. He explained the reason behind the zoning ordinance amendment; to amend the definition of a single-family detached residential use and to clarify the existing definition, which would be repealed. The Solicitor noted that the draft ordinance has been reviewed by the Bucks County Planning Commission and that their recommendations have been incorporated into the final draft. He also noted that the ordinance has been duly advertised in a newspaper of local circulation on May 25th and June 1st as required by the MPC. The Solicitor recommended the Board approve the ordinance as presented. Manager Joe Kulick advised the Board that both the Township Engineer and the Township Planning Commission have also reviewed and recommended approval of the ordinance.
The Chairman asked if the audience had any comments or questions; Resident Wallace Frank questioned the definition of “family”? The Board noted the official definition was contained in the “Definition” section of our zoning book and offered to read it to Mr. Wallace. He declined the offer. There were no further comments or questions.
Vice Chairman Richard Johnson then made a motion to approve Ordinance 2007-1, An Ordinance amending the Durham Township Zoning Ordinance to Define Single-Family Detached Residential Use. Member Manfred Marschewski seconded the motion. The Chairman conducted a vote and all were in favor. Ordinance 2007-1 passed. This Ordinance shall become effective five (5) days from today.
2. Ordinance 2007-2; an Ordinance Amending the Durham Township Subdivision and Land Development Regulations:
Township Solicitor Peter Harrison read aloud the proposed ordinance. He explained the purpose of the ordinance; to add a new subsection (g) to Article VI, Design Standards, Section 601 General Standards of the Subdivision and Land Development Ordinance (SALDO); Restrictions Against Further Subdivision and/or Land Development. It clarifies the intent of present Ordinance 1990-5 and also repeals that ordinance. It also adds the Open Space and recreational area to the definition. The Solicitor noted that both the Bucks County and Durham Township Planning Commissions have recommended approval of the ordinance along with Township Engineer Scott Mease.
The Chairman requested public comment on the proposed ordinance and there was none. The Chairman then made a motion to approve Ordinance 2007-2 Amending the Durham Township Subdivision and Land Development Regulations. The motion was seconded by Member Manfred Marschewski and the Vice Chairman agreed. The Chairman conducted a vote and all were in favor. Ordinance 2007-2 passed. This Ordinance shall become effective five (5) days from today.
3. Ordinance 2007-3; an Ordinance Enacting a Millage Freeze on Certain Real Estate in Durham Township, Bucks County, Pennsylvania Having Conservation Easements Acquired in Accordance with the Agricultural Area Security Law:
Solicitor Peter Harrison explained the intent and purpose of the proposed ordinance; to not impose any further tax millage increases on any parcels on which an Agricultural Conservation Easement is imposed under the Agricultural Area Security Law. He explained that the both the county and the school district must also approve such a move. Bucks County has already adopted such an ordinance (No. 123). He advised the Board that the proposed ordinance was duly advertised on May 18, 2007 as required.
Member Manfred Marschewski felt that the ordinance is a great incentive for landowners to conserve their property. He also advised the Board that he would otherwise recuse himself from voting since his properties would be included in the tax freeze. The Chairman then requested public comment from the audience; resident John Jepson asked if the tax increases are frozen forever and if so there should be a method to recover the lost revenue. Solicitor Peter Harrison responded by noting the tax freeze could be repealed and thus may not be forever. The Vice Chairman also noted the benefit of the tax freeze and considered it an added incentive for people to preserve their property. Since there were no further comments or questions the Vice Chairman made a motion to adopt the ordinance as proposed and the Chairman seconded the motion. The Chairman then called for a vote and all were in favor with Member Manfred Marschewski not voting. Ordinance 2007-3 adopted. This Ordinance shall become effective five (5) days from today.
End of Public Hearing: The Chairman closed the public hearing portion of the meeting and opened the regular scheduled board meeting.
Approval of Minutes from May 08, 2007 Meeting
Vice Chairman Richard M. Johnson made a motion to approve the Minutes as presented. Chairman Bartley Millett seconded the motion. Member Manfred Marschewski abstained since he was not present at meeting. Motion passed.
Approval of Financial Report Dated May 31, 2007
Vice Chairman Richard M. Johnson then made a motion to approve the Financial Report as presented and the Chairman seconded the motion. Member Manfred Marschewski agreed. Motion passed.
Updates:
Collioud / Glazier Tract:
Township Manager Joe Kulick announced that the former Glazier property on Lehnenberg Road was purchased by Janet & Robert Collioud from Montana. Mr. Collioud has advised the township that he is not interested in recording the previously approved four (4) lot subdivision and intends to build one (1) single-family dwelling, along with a barn, on the 63.48 acre tract. He will also use the property for horses and intends to lease the remaining acreage to any area farmer to raise crops. The Township Solicitor will follow-up with Mr. Collioud’s attorney.
Preliminary Approval on Three (3) Grants:
The township manager also announced the receipt of preliminary award letters from PA DCED for three (3) requested grants; one for $60,000 for replacement of the grist mill roof; one for $10,000 for purchase of emergency management equipment, to include two (2) Bucks County 2-way radios, a fully equipped first aid bag, two (2) helmets, and four (4) rechargeable flashlights; and finally one for $5,000 to compile & publish a historical booklet of Durham to be distributed when completed to school tours and visitors. Residents Heather Shea and Arlene Robins will publish the booklet.
New Business:
Alyce Easter (Stick) Agricultural Security Area Resolution 2007-7
The Chairman noted that Alyce Easter (Stick) TMP No. 11-001-007 has applied to Springfield Township for inclusion in their Agricultural Security District so that she may preserve her properties. Her parcel in Durham is one of three with the other two (2) adjoining larger parcels in Springfield Township. Springfield has requested a resolution from the board approving of this action. Chairman Bartley Millett made a motion to grant the request, seconded by Member Manfred Marschewski and agreed to by the Vice Chairman. Resolution 2007-7 passed.
Old Business:
Rohs Developers Agreement:
Solicitor Peter Harrison advised the board that progress is being made on the Rohs minor subdivision; Developers Agreement and Easements have been signed and a Letter of Credit received. The only remaining item to be obtained is a title insurance policy on the easement areas. There were no further comments or questions.
Zoning Officer Report – Joe Kulick
Township Zoning Officer Peter Bent was not present, so Township Manager Joe Kulick presented the report. He noted that three (3) zoning permits were issued since the last meeting; one was to Daniel Morris of 351 Kintner Road to operate a home occupation regarding a management consulting service; to Amy & Jerry Fritz of 115 Gallows Run to construct a 912 square foot uncovered two-level deck on the rear of their home; and finally to Isabella & Ari Manesis at 789 Stouts Valley Road for a 1440 square foot two-story addition with garage basement to their existing home.
A Conditional Use Hearing before the Board of Supervisors has been scheduled for Thursday, July 19, 2007 at 7:30 PM in the township meeting room on application of Sprint Nextel to erect additional cellular telecommunications antennas on the existing farm silo located on the Crouse property on Durham Road. There were no further comments or questions.
Road Master Report – Jim Laubach
Township Road Master Jim Laubach reported equipment repair included a new clutch, brakes, and hydraulic cylinder for the 584 tractor. A hydraulic hose burst on the boom flail mower and had to be replaced in house. New blades were installed on the “zero-steer” lawnmower. We had to purchase a new “weed-whacker”.
Road maintenance included continued cold patching and some major reconstruction along the edge of Mine Hill Road near Lehnenberg Road. Also, the township roadways were swept by ABE Sweeping to remove the winter gravel. Roadside mowing has commenced now that the 584 tractor has been repaired.
Building maintenance included the planting of flowers donated by Myron Kressman; setting up the meeting room for voting operations; new soffits, gutters and downspouts installed on township building by Fleischer Bros.
Vice Chairman Richard Johnson asked the Road Master when work would commence on the Island Road rebuilding. He advised that Township Engineer Scott Mease was in the process of finishing-up the engineering and would be advertising for bids within a month and the project completed this year. There were no further comments or questions.
Park & Recreation Report – John Perkins:
Park & Recreation Board Chairman, John Perkins, advised the Board of the township hosting a proposed meeting on July 24, 2007 here with the Bucks County Recreation Council members. A BBQ would be held with the county supplying the food, etc. He also attended a grant workshop held by the PA DCNR obtaining valuable knowledge on applying for available park & recreation grant money.
John also advised the Board of a meeting held earlier in the day with the PA Scenic Byways coordinator from PennDOT, Springfield Township Manager Richard Schilling, and the Springfield Historical Society. They discussed the benefits of having a Scenic Byways route in the area increasing the availability of grant money.
The possibility of having Sunday afternoon concerts on the Village Green bandstand was discussed. Further information to be obtained and presented as it becomes available. The Board thanked John for his continued dedication and involvement. There were no further comments or questions.
Public Service Announcements: The Chairman announced:
The Community Fire Company #1 will be serving breakfast on Sunday, June 17, 2007 from 8:00AM to 12:00PM.
Community Monthly Recycling Day will be on Saturday, July 07, 2007 from 9 AM to 12 noon.
Nockamixon Historical Society free concert will be held at the middle school on Sunday, June 24, 2007 at 6:30 PM.
Questions/Comments:
Resident Wallace Frank asked if the township had ever passed a burning ordinance. The Board replied no.
Resident Bennie Boyle asked what the “old paper mill’ was doing with all-of-the excavating taking place. Township Manager Joe Kulick advised Bennie it was work permitted by Bucks County Health Department to develop a septic system field for future (4 years) use.
Pay Bills / Close Meeting:
The Chairman made a motion to pay the bills as presented and to close the Meeting, seconded by Member Manfred Marschewski and agreed to by all. Motion passed.
The meeting was adjourned at 8:40 PM.
Minutes Submitted by: Township Secretary/Manager Joseph M. Kulick