MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, August 08, 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 7:36PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Public Hearing #2: Comprehensive Plan Update
The Chairman opened the Public Hearing (as properly advertised) to address the updating of the townships’ Comprehensive Plan. He gave a brief presentation on the definition and reasoning behind the incorporation of a comprehensive plan for a township. He also reviewed the steps taken to arrive at this point.
The Chairman opened the floor for any public comments/questions:
Resident Carl Martin requested more detail on the county’s input on the Plan. The Chairman advised Mr. Martin that the township corrected several typos in the Plan, as noted by the Bucks County Planning Commission, but did not specifically adopt any suggestions. These may be addressed in future related zoning ordinance changes to reflect the Plan.
There were no further comments and/or questions from the attending residents.
Chairman Bartley Millett then called for a motion to accept the Plan Draft dated August 08, 2006; Member Manfred Marschewski so moved and it was seconded by Vice Chair Richard Johnson. All Agreed and the motion was passed.
A motion was then made by Member Manfred Marschewski to adopt Resolution 2006-1; the formal updating of the Durham Township Comprehensive Plan. The motion was seconded by Bartley Millett and agreed to by Vice Chair Richard Johnson. Resolution passed.
The Chairman closed the Public Hearing portion of the meeting @ 7:50PM
The Chairman then opened the regular scheduled Meeting of the Board of Supervisors
Approval of (Corrected) Minutes from June 13, 2006 Meeting
A motion to approve the Minutes, as corrected, was made by Manfred Marschewski and seconded by Richard Johnson. All agreed and the motion passed.
Approval of Minutes from July 11, 2006 Meeting
A motion to approve the Minutes as presented was made by Manfred Marschewski and seconded by Chairman Bartley Millett. (Richard Johnson not present at 07-11-06 Meeting) Motion passed.
Approval of Financial Report Dated July 31, 2006
Vice Chairman Richard Johnson made a motion to approve the Financial Report as presented.
Member Manfred Marschewski seconded the motion. All agreed and the motion passed.
Updates:
Island Road Update – June 2006 Flood:
Chairman Bartley Millett provided an overview of the emergency meeting held on Monday, July 17, 2006 on location at Island Road to survey the extensive damage done by the June flooding. Township Engineer Scott Mease will perform a study on possible solutions to repair the roadway. A meeting is scheduled with FEMA / PEMA to obtain possible grant money on the 16th of August. Resident Dr. Brian Willard will also be exploring possible solutions to the flooding on his property bordering the roadway. Resident Wallace Frank questioned the Board on who would be ultimately responsible for correcting the flooding situation in this area. Vice Chairman Richard Johnson noted several federal and state agencies would be involved in any engineering studies that may be conducted.
New Business:
Wendie Johnson Land Development Review:
Attorney Edward Wild, surveyor Denny Litzenberger, and resident Wendie Johnson were present. Ms. Johnson would like to construct a second B-1 single family dwelling on her 17 acre property for her daughter and son-in-law to reside in. However, an existing deed restriction and township ordinance permitting only one (1) dwelling per parcel exist.
Attorney Wild presented the Board with a short recap of past history of the application, noting the Planning Commission did in fact recommend denial of the application at last weeks meeting. He presented the Board with a pack of papers marked Exhibits A-1 thru A-17. Mr. Wild also provided an aerial photo of the Johnson property and marked it A-18. He (Wild) reviewed Scott Mease’s Engineer Letter of July 27, 2006; all SALDO items either have been complied with, are “will comply” items, or waivers have been requested. Mr. Wild presented proper Notification of Neighbor documentation to the Board and marked them B-1 & B-2.
Chairman Bartley Millett summarized the primary issues to be the question of requested waivers with the main issue remaining the zoning ordinance violations. Attorney Wild agreed and requested the Board to approve their request for waivers and then address the zoning concerns. Township Solicitor Peter Harrison advised the Board that a decision must be rendered tonight due to time constraints provided under the law. A written decision must be submitted to Ms. Johnson within 15 days after the decision is rendered.
Vice Chairman Richard Johnson stated he would normally approve the request for waivers as submitted; but he also felt the Board should follow the advice of our Solicitor and deny the application based on his (Solicitor’s) letter of July 28th. The request for waivers would only be granted if the Plan were to be approved.
A motion was made by the Vice Chairman to deny the Land Development Plan as recommended by the Township Solicitor and the Planning Commission. Motion was seconded by Manfred Marschewski, and agreed to by all. Motion passed. Development Plan denied and Request for Waivers not addressed.
Chairman Bartley Millett questioned the Solicitor on the matter of allowing the Plan to stand until we can discuss the waivers. The Solicitor commented that the applicant has not requested an extension and the applicant expressed cooperation with any outstanding SALDO issues.
Attorney Wild requested permission for Ms. Johnson to address the Board, which was granted. Ms. Johnson commented on her long two (2) year struggle to accomplish her goal, along with spending $35,000. She implored the Board to do whatever they can to approve her application. The Vice Chairman responded by noting; they (Board) can grant waivers but we cannot change zoning issues; only the Zoning Hearing Board and the courts can grant such requests.
The Chairman asked for any comments/questions from the audience. Resident Charles Herrmann requested further clarification on the zoning ordinances in question. Solicitor Peter Harrison provided a detailed explanation to Mr. Herrmann. He (Herrmann) could not understand why it would take two (2) years for the plan to be reviewed. The Chairman corrected the statement by noting that it has not been two (2) years since the plan was first submitted in October of 2005, as an informal request before the Board. At that time it was recommended by the Board for Ms. Johnson to apply to the Township Zoning Hearing Board for relief, she did not do so. The plan was then officially submitted as a land development plan just three (3) months ago on May 15, 2006.
There were no further comments and/or questions.
Appointment of Hazard Mitigation Agent:
Chairman Bartley Millett advised the Board; Bucks County Commissioners held a meeting to discuss hazard mitigation and requested county townships to consider appointing Bucks County as their hazard mitigation agent. FEMA is attempting to “buy out” flood damaged properties in order to mitigate any further flood damage costs. The County would coordinate these efforts with FEMA. Due to time constraints the Board decided not to designate Bucks County as our agent; but to mitigate our own claims for now. With this the Board decided to appoint Joe Kulick to continue as the townships’ hazard mitigation agent. A motion for Resolution 2006-2 to appoint Joseph M. Kulick as the Durham Township FEMA Hazard Mitigation Agent was made by Chairman Bartley Millett and seconded by Manfred Marschewski; Vice Chairman Richard Johnson agreed and the motion passed.
Park & Recreation Board Nominee:
Resident John Perkins has volunteered to become a member of the townships Park & Recreation Board and appeared before the Board for their approval. Manfred Marschewski requested Mr. Perkins to provide a short biography of his accomplishments. Mr. Perkins noted his interest in cross country bicycling, lifetime resident of Durham, avid horse person, and grandson of John Bowman, former township secretary. Vice Chairman Richard Johnson made a motion to appoint John Perkins for a five (5) year term to the Durham Township Parks & Recreation Board, seconded by Manfred Marschewski and agreed by to by all. Motion passed.
Moses Murphy Picture Collage:
The Durham Historical Society President Stephen Willey presented the township, on long term loan, a collage of pictures of former resident Moses Murphy and the grist mill; to be placed on exhibit in the township meeting room. Resident Wallace Frank suggested placing a small label on the item noting it as property of the historical society. The Chairman thanked the society for the long term loan of the item to the township.
Old Business: None
Zoning Officer Report – Peter Bent
Township Zoning Officer Peter Bent advised the Board of the issuance of two (2) Use permits; Verizon Wireless for installation of an additional cell antenna on the Sprint Tower at the bank; and to Lyons & Son Auctioneers for the equipment sale at 611 & 212 on July 22, 2006. Permit also issued to Lambert, 235 Valley View to add a dormer to a B-1 single family dwelling; Gordon, Kintner Road to remodel a bathroom; and to Paolillo, 2490 Gallows Hill Road to construct a new single family dwelling replacing an existing dwelling already in place. Also, to Romaszewski 5171 Route 212 for 10’x12’ storage shed.
The Gartner Building Group has applied to construct a new B-1 single family dwelling at 5130 Route 212 on a non-conforming lot. Scott Mease and Peter Bent are reviewing the plans that contain a number of issues.
Road Master Report – Jim Laubach
Road Master Jim Laubach informed the Board of the following activity during the past month:
Our 254 International tractor that was sent to the shop to repair transmission has been returned; our boom flair mower on large tractor to mow sides of road remains out of service till further notice due a gear box problem; repaired light for 9/11 memorial flag pole; and surveyed the process to permanently wire the bandstand.
Installed new drainage pipe on County Line Road; Tar & Chip contractor, AMS Inc. completed covering township roads as specified for a total cost of $51,575.04 as bid.
No further comments or questions.
Public Service Announcements:
The Chairman noted that Community Recycling Day will be on the 2nd Saturday, September 09, 2006 from 9 AM to 12 Noon due to Labor Day Holiday.
The Community Fire Company #1 will be having Sunday Breakfast on Sunday, August 20, 2006 from 8:00AM to 12:00PM and a Bluegrass Festival on Saturday, September 09, 2006 from 1PM to 8PM.
Our townships Community Day will be Saturday, October 14, 2006.
Questions/Comments:
Vice Chairman Richard Johnson commended the Kressman family for their annual “Tube Float” on the Delaware to benefit brain tumor research. A hearty “Thank You” for their efforts.
Resident Wallace Frank commented on the earlier Wendie Johnson development plan.
Resident Stephen Willey asked if the recent passage of the updated Comprehensive Plan would change development plans now on the table. No.
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 9:40PM.
Minutes Submitted by: Township Secretary Joseph M. Kulick