MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, May 09, 2006
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
Meeting called to order by Chairman Bartley E. Millett at 7:35 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from April 11, 2006 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 April 30, 2006
Vice Chairman Richard M. Johnson made a motion to approve the Financial Report as presented.
Member Manfred Marschewski seconded the motion, and Chairman Bartley E. Millett agreed. Motion passed
Updates:
Comprehensive Plan:
The Chairman noted the draft update of the Comprehensive Plan was approved at the May 02, 2006 Planning Commission Meeting and forwarded to the Board of Supervisors for their review. He provided an overview of the draft, noting a new zoning district, Resource Agricultural Preservation (RAP), was proposed. Language for this zoning district will have be developed and approved via an ordinance. The Rural Residential District (RR) will remain in its present area. He urged all interested parties to review the draft which will be available next week at the township office. The Board will discuss the Plan at the June 13, 2006 regular meeting and conduct a Public Hearing on July 11, 2006 prior to the regular meeting scheduled on that date. Copies will also be available on the web site.
New Business: None Presented
Old Business:
Glazier Subdivision Developers Draft Agreement:
Township Solicitor Peter Harrison presented the Board with a draft of the Developers Agreement for the Glazier Subdivision. Township Engineer Scott Mease is in the process of reviewing the document for accuracy. He requested the Board to review the document and approve the contents, subject to the Engineers review. The Solicitor, upon the Boards approval, will forward a copy to the developer for execution. Zoning Officer Peter Bent advised the Board that he did review and approve the document. Member Manfred Marschewski stressed the requirement for the developer to pay $1,000 per lot ($4,000 total) to the fire department as previously agreed.
A motion was made by the Vice Chairman to approve the document, subject to the Engineers review, for forwarding to the developer, seconded by Member Manfred Marschewski, and approved by Chairman Bartley E. Millett. Motion passed.
Peter Harrison also advised the Board on the receipt of easements for Lehnenberg Road right-of-way and for two (2) common driveway easements. Condition for final approval will be contingent on the execution of these documents by the developer. There were no further comments or questions.
Zoning Officer Report – Peter Bent
Township Zoning Officer Peter Bent informed the Board of the issuance of two (2) driveway permits: Mary Dungan, County Line Road and Cheryl Montero, Coon Hollow Road. The Montero job will have to be reviewed by the Township Engineer Scott Mease due to roadway issues.
The Zoning Officer advised the Board of his conversation with Sean O’Neil owner of Furnace Mill LLC. No final plans have been developed for the property located at Routes 212 & 611 in the township. Spot repairs to the existing roof have been completed. Mr. O’Neil has requested to install a six (6) foot security fence around the perimeter of the property for liability reasons. The Zoning Officer noted that normally a permit is not required for fences of this height, but the existing easement through the property, to the Cook house at the rear of the property, requires additional investigation into the request. A discussion ensued as to whether this access was a public road or not. Peter Bent to research the matter further.
A discussion on Building Inspection Services for the township was conducted. Peter Bent commented at present there appears to be two (2) inspection services in the running; Keystone Building Services, Inc. & M&M Inspections Services. Tim Wittemann of M&M was present in the audience. The Zoning officer recommended the hiring of only one agency to perform township services. He contacted Williams Township and spoke with their zoning officer, who heavily suggested hiring only one service. They had selected multiple agencies and it was very confusing due to the lack of consistency.
Solicitor Peter Harrison stated he spoke with Peter Bent earlier regarding a draft services agreement. He (Harrison) noted that we should require copies of all certifications and qualifications of all employees and of the company itself. The Solicitor also noted that an agreement cannot be finalized until an official fee schedule is worked out and adopted. It was noted that the M&M fee schedule was less costly than Keystones. The area of Immunity and General Indemnification was discussed by the Solicitor. He did not feel the township should be held liable for the inspectors’ actions. Tim Wittemann stated he carries a complete line of insurance, as required by state licensure, including “E&O” (Errors & Omissions) and General Liability of one million ($1,000,000) dollars. The Solicitor will check on any possible township liability for building inspections and advise the Board.
Bartley Millett noted he was leaning toward multiple agencies until the Zoning Officer relayed Williams Townships’ experience. He now feels selecting only one agency may be the better choice. Richard Johnson agreed, noting setting of different fees for various agencies could be very confusing. Member Manfred Marschewski also agreed on selecting only one agency, since the township would still control the fees charged to the residents, and the agency could be replaced quickly if their service is unsatisfactory. Peter Harrison stated the initial term of the contract would be till the end of the year and then for one (1) year intervals, as established at annual reorganization meeting, with a thirty (30) day cancellation clause by either party.
Vice Chairman Richard Johnson suggested to the Board the appointment of M&M Inspection Services to provide the township with building inspection services. They have been at every board meeting showing a sincere interest in the contract. Member Manfred Marschewski was also in favor of this agency but only if Zoning Officer Peter bent felt he could work with them. Bartley Millett also agreed with the selection.
A motion was made by Vice Chairman Richard M. Johnson to appoint M&M Inspection Services to provide the township with building inspection services; Member Manfred Marschewski seconded the motion, and Chairman Bartley E. Millett agreed. Motion passed. The Board directed Peter Harrison to draw up a contract with M&M.
Resident Wallace Frank questioned the Board on the status of the road, previously discussed, leading to the Cook residence behind the old paper mill. He felt it was very important to ascertain the category of the road and any possible township liability that may be involved. Mr. Frank also stressed the need to establish an appeals board for the building permit/inspection process. He also felt it very important to immediately research any possible township liability involved with the building inspection process. There were no further comments or questions for the Zoning Officer.
Road Master Report – Jim Laubach
Road Master Jim Laubach informed the Board of the following activity during the past month:
Equipment maintenance performed on ball field mower; all spindles/bearings had to be replaced.
Road maintenance included the cleaning of roadside storm gutters along Spring Hill Road; cold patching several potholes along Mine Hill Road; three (3) days were spent on the re-grading of Sunday Road; leaf removal along Dogwood Road; removal of snow fence along Shears Hill Road; all intersections were swept by ABE Sweeping removing past winters gravel buildup; road crew also removed discarded refrigerator, tires, and paint dumped on Stouts Valley Road. A major cleanup and resetting of the concrete parking bumper blocks next to the township building was completed. The townships’ Annual (Large Item) Clean-Up Day was successfully conducted. Jim Laubach noted his attendance at the PSATS Annual Convention and Road Master Forum in Hershey, PA.
The Annual Supervisors’ Road Inspection was scheduled for Monday, May 15, 2006 at 8:30 AM. There were no further comments or questions for the Road Master.
Public Service Announcements:
The Chairman announced Tuesday, May 16, 2006 as Primary Election Day. Voting to take place in township meeting room. Please get out and vote! Township office and functions will be closed on that day.
The Chairman noted that Community Recycling Day will be on Saturday, June 03, 2006 from 9 AM to 12 Noon.
Also, the Community Fire Company #1 will be having Sunday Breakfast on Sunday, May 21, 2006 from 8:00AM to 12:30PM.
Questions/Comments:
Resident Fran Chavar advised the Board of additional Riegelsville community events; Library Fair on Saturday, May 20, 2006; Memorial Day Parade in Riegelsville will be held on Sunday, 05-28-06 at 2PM; Fire Auxiliary Fashion Show will be held on Saturday, June 03, 2006 at 2PM. The Chairman thanked Fran for the information.
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 the Vice Chairman. Motion passed.
The meeting was adjourned at 8:40PM.
Minutes Submitted by: Township Secretary Joseph M. Kulick