MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, January 09, 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
Zoning Officer: Peter W. Bent
Bldg Inspector: Tim Wittemann (Not Present)
Meeting called to order by Chairman Bartley E. Millett at 7:39 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Signing of Amended Minutes from November 14, 2006 Meeting
The Supervisors signed the amended Minutes as approved at 12-12-06 Board Meeting.
Approval of Minutes from December 28, 2006 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 Chairman Bartley E. Millett agreed. Motion passed.
Approval of Minutes from January 02, 2007 Reorganization Meeting
Vice Chairman Richard M. Johnson made a motion to approve the Minutes as presented.
Member Manfred Marschewski seconded the motion and Chairman Bartley E. Millett agreed. Motion passed.
Approval of Financial Report Dated December 31, 2006
Member Manfred Marschewski made a motion to approve the Financial Report as presented.
Vice Chairman Richard Johnson seconded the motion. All agreed and the motion passed.
Approval of 2006 State Use Report
Vice Chairman Richard Johnson made a motion to approve the Report as presented.
Member Manfred Marschewski seconded the motion. All agreed and the motion passed.
Updates:
Mill Roof Lawsuit: Solicitor Peter Harrison provided a brief review of the present status on the lawsuit, noting possible funds may be forthcoming in the immediate future. He stated that he cannot provide specifics at this time as it may jeopardize the outcome if made public. There were no further comments and/or questions.
New Business:
Township Manager Resolution:
The Chairman called for open discussion on appointing Joe Kulick as Township Manager. Vice Chairman Richard Johnson noted that Durham may be too small for an official township manager but since Joe (Kulick) has been onboard he has conducted himself as manager handling the day-to-day affairs of the township. Member Manfred Marschewski agreed, stating that Joe has obtained grants totaling more than his salary and has earned the position. Solicitor Peter Harrison also agreed, noting his business transactions with Mr. Kulick have been very professional.
A motion to appoint Joseph M. Kulick as Durham Township Manager was made by Vice Chairman Richard Johnson and seconded by Chairman Bartley Millett, Member Manfred Marschewski agreed and the motion passed unanimously. Resolution 2007-01 was signed by the Board. There were no further comments and/or questions.
Wendie Johnson Land Development Agreement
Township Solicitor Peter Harrison advised the Board that he had reached a tentative agreement with Wendie Johnson’s Attorney Ed Wild, regarding her application to erect a second residence on her 17 acre parcel for her son & daughter-in-law to reside. Mr. Harrison provided the Board with an in-depth overview of the agreement and recommended that the Board approve the agreement as presented. The agreement stipulates “no further development” on the 17 acre property. He felt that although allowing a second residence on the property, it remains a “win-win” situation for the township in settling the lawsuit. The arrangement would provide a condominium arrangement for the properties.
Vice Chairman Richard Johnson agreed with Mr. Harrison’s comments and approved of the agreement. Member Manfred Marschewski also agreed noting that a family could remain together while resolving both a moral and a legal issue. Chairman Bartley Millett commented that we have reached an obtainable solution and should go forward with the agreement; he called for comments and/or questions from the floor. Resident Wallace Frank felt we may be setting an irreversible precedent in allowing a second residence on a single parcel. The Solicitor responded, noting that he has already developed a draft ordinance amendment for the Supervisors review, to eliminate the “loophole” in the future. Since there were no further comments or questions regarding this matter, a motion to approve and sign the agreement as presented was made by the Vice Chairman and seconded by Member Manfred Marschewski and agreed to by Chairman Bartley Millett. Motion approved.
In a related matter, Chairman Bartley Millett made a motion to forward the aforementioned draft amended zoning ordinances to the Township Planning Commission and the Bucks County Planning Commission for review. The Vice Chairman seconded the motion and Member Manfred Marschewski agreed.
2007 Fee Schedule Review
The Chairman commented that the 2007 Fee Schedule is currently being reviewed by several township departments. A final draft will be presented at February board meeting for review. The present Fee Schedule will remain in affect until the new schedule is approved. Member Manfred Marschewski noted that the townships fee in lieu of sidewalks, etc. should be raised from $1000 to $2000 per parcel. Vice Chairman Richard Johnson agreed and also felt it should be extended to include a fee to develop parks, ball fields, Etc. The Solicitor advised the Board that a formal policy must be adopted to enact mandatory fees for recreation, road improvement, and other impact type fees. Until that time the township can only request such donations. Solicitor Peter Harrison will obtain further information on updating our SALDO to include such fees. There were no further comments or questions regarding this matter.
Old Business:
2007 Insurance Provider Selection
Township Manager Joe Kulick advised the Board that he has obtained a very good reference from both Quakertown Borough and Perkasie Borough on First Savings Insurance & Investment, Inc. They currently provide both municipalities with full package insurance policies. He recommended the Board select First Savings & Investment, Inc. to provide Durham Township with our insurance coverage, at a total savings of $3,041.00 over our current provider, Brown & Brown, for identical coverage. The Board agreed and approved the selection for 2007. There were no further comments and/or question on this matter.
Open Burning Letter from Township Planning Commission
The Chairman advised the Board of a letter received from the Township Planning Commission containing several recommendations for the township to follow regarding open burning. He thanked the Commission for their effort and felt the Board should consider their recommendations. While Vice Chairman Richard Johnson agreed with the recommendations he also felt that the DEP may have been a little “heavy handed” in their decision making. He felt that Durham is a rural community and should not be included with a city such as Philadelphia. He suggested the DEP use zip codes in lieu of regions when determining policies & regulations and will forward a letter to their officials to that effect. He suggested other residents express their opinion to the DEP. The Vice Chairman also thanked the Planning Commission for their efforts.
Member Manfred Marschewski felt strongly against any regulations being imposed on Durham residents while allowing Northampton County residents to burn just across the roadway. He also felt that an alternative outlet should be provided and composting / recycling is not that outlet.
The Chairman once again thanked the Township Planning Commission for their work and will take the letter under advisement for action perhaps at a later meeting in the not to distant future. There were no further comments and/or questions.
Zoning Officer Report – Peter Bent
Township Zoning Officer Peter Bent advised the Board that 20 zoning permits were issued in 2006. Two (2) new single family dwelling permits are still pending. Five (5) new driveway permits were issued. Five (5) additions to existing homes; Seventeen (17) accessory structures, i.e. garages, pools, sheds, etc. Three (3) Conditional Use Permits were issued; Verizon Wireless for erection of an additional antenna on the bank tower on Route 611; to Northeast Industrial Sales on Route 212; and for an auction at Routes 611 & 212. A Zoning Hearing Board for Gartner Building Group scheduled for Thursday, February 18, 2007 was cancelled at the request of Gartner’s attorney, Ed Wild, who withdrew the application without prejudice. There were no further comments or questions.
Road Master Report – Jim Laubach
Road Master Jim Laubach informed the Board of the following activity during the past month:
Equipment repair included getting the chipper running and servicing the lawnmowers. We chipped the Xmas trees that were brought to the yard for recycling. We removed the Xmas decoration from the bandstand area. Cleaning of the roadside gutters of leaves continued along with roadside bush trimming on Hilltop road. There has been a lot of illegal dumping taking place on our dirt roads; tires; big screen television; and other debris is becoming a normal occurrence. Sealed bids will be received for our 1979 GMC 1 ton dump truck w/spreader. Truck & spreader sold as-is no warranty. The bids will be opened at the regular board meeting held on February 13, 2007. Charlie Hermann asked what is going-on on Kintner Road at the bend. The Chairman advised Mr. Herrmann of the potential development of a single building lot by the owner Stephen Rohs and the requirement to improve the line of sight for the curve. There were no further comments or questions.
Auditor’s Report
The Chairman read a memo from the township auditor’s noting that they held their annual reorganization meeting on Wednesday, January 03, 2007 and elected Lee Fleischman as Chairman; Fran Chavar as Secretary and Laura Kressman as Auditor. They also approved the supervisors wages as requested for 2007. The annual township audit will commence on January 16, 2007 at 9:00 AM. There were no further comments or questions.
Public Service Announcements:
The Community Fire Company #1 will be having Sunday Breakfast on Sunday, January 21, 2007 from 8:00AM to 12:30PM.
The Chairman noted that Community Recycling Day will be on Saturday, February 03, 2007 from 9 AM to 12 noon.
Questions/Comments: (None Presented)
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 9:12 PM.
Minutes Submitted by: Township Manager/ Secretary Joseph M. Kulick