MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, August 12, 2008
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 7:36 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from July 08, 2008 Meeting
Vice Chairman Richard M. Johnson made a motion to approve the Minutes as presented. Member Manfred Marschewski seconded the motion and Chairman Bartley Millett agreed and the Motion passed, Minutes approved as submitted.
Approval of Financial Report Dated July31, 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.
Updates:
Mill Roof Replacement:
Township Manager Joe Kulick announced that work is completed on replacing the Grist Mill roof. Only a small “punch-list” remains to be completed. A balance of @ $15,000 remains to be paid upon satisfactory completion of the work via a final inspection and receipt of the warranty documents. There were no further comments or questions.
Summer Concert Series:
Township Manager Joe Kulick reminded the attendees of tomorrow nights concert at the bandstand. Country/Pop band “Timeline” will be performing from 6PM to 8PM courtesy of a $450.00 donation from First Savings Insurance of Perkasie. Another concert featuring the Palisades High School band will be held on 08-27-2008 same time and place, paid via a $100 donation from the township to the school district music department. There were no further comments or questions.
Emergency Management Grant Radios:
Township Manager Joe Kulick advised the board on the receipt of the two (2) Bucks County emergency band portable radios at a cost of $8,000 paid from the $10,000 Emergency Management Grant. Resident Wallace Frank questioned if total coverage/reception is available in the area. Yes, except for some really low areas. There were no further comments or questions.
Old Business:
Draft School Bus Waiting Area Ordinance:
The Chairman recapped previous discussions and Township Solicitor Peter Harrison presented the board with an amended draft ordinance #2, amending our present Subdivision & Land Development Ordinance (SALDO); to require a wider 28 feet entrance road including the shoulders, for the first 150 feet at a minimum and further as required, for all future new subdivisions. This would provide safe and ample parking space for parents and students awaiting the school bus. The “Table of Residential Street Design Options” remains to be amended and included in the draft ordinance. The Chairman also requested the inclusion of the option to require a “pervious surface” in lieu of impervious as a waiting area for the students. Solicitor Peter Harrison will make the requested changes and submit a draft copy to the Bucks County Planning Commission for review as required. Resident Wallace Frank questioned how we can determine where the school bus stop will be in future developments. There were no further comments or questions.
2008 Tar & Chip Price Adjustment Request:
Township Manager Joe Kulick advised the board of the receipt of a letter from Asphalt Maintenance Systems, Ltd. (AMS); requesting the board to consider granting a price increase over the amount previously bid, for the bituminous seal-coating of the township roads. This request is due to the unexpected sudden rise in the cost of materials over the past month. PennDOT allows such an increase only when an “Escalation Clause” is included in the contract specifications. It was not included in our bid specs.
After discussion the board unanimously agreed not to grant the increase but have the amount as bid remain firm. There were no further comments or questions.
Kerl Property Conservation Easement:
Chairman Bartley Millett recapped the Kerl property events too date; noting the possible open space preservation of approximately 93 acres (18 in Durham & 75 in Nockamixon). Joe Kulick further explained the project is moving forward quickly with the approval of our $295,000 DCNR grant request and the likely approval of the $306,000 Bucks County grant to Heritage Conservancy. He (Kulick) requested the board’s approval on the need to advance $29,500 of the DCNR Grant (10%) until approximately 12 weeks after settlement, upon which we would receive the full amount refunded by the state. The board agreed unanimously. There were no further comments or questions.
Establishment of Impact Fees:
The Planning Commission, after a through review, has recommended to the Board of Supervisors the establishment of impact fees from future developments. The commission suggested the board establish these “in lieu of” fees ($5,000 per new lot) in our “Fee Schedule”. Solicitor Peter Harrison advised the board not to implement any impact fees without following the legal path to establishing them; as outlined in the Municipal Planning Code (MPC). As the process is lengthy and very expensive to complete, coupled along with little anticipated development; the board agreed to table the idea at this time. There were no further comments or questions.
New Business:
Draft Afforestation/Forestation Ordinance:
Scott Douglas, present as a consultant to our EAC, reviewed the need to establish a forested natural area in order to return functionality to our environment. There are three (3) basic functions to perform this task. One is to require all new residential developments to replenish a forested area somewhere on the development (reforestation) Second, to require new developments to reestablish forests if they were present within the last ten years (afforestation). Others would be required to replace any forest areas removed (reforestation). Thirdly, establish riparian buffers along streams and waterways. Mr. Douglas suggested a minimum distance of 50’ to be effective. Springfield Township requires a 125’ buffer at present. A formula could be developed according to the size of the existing lot.
Chairman Bartley Millett thanked Scott for his presentation and the EAC for reviewing the information. He suggested passing the document to our planning commission for review. Member Manfred Marschewski questioned the costs associated with such an endeavor. He felt the average person may not be able to purchase the required trees and also lose the use of the property for farming, etc. Scott Douglas reminded him that the provision would only apply to new residential development and not existing ones. Vice Chairman Richard Johnson also questioned the taking of an individual’s property without compensation, even for the common good. Resident Wallace Frank felt the restoration to a previous condition was not in concert with the course of nature. Resident Don Ratushny reminded the attendees on the mission of our comprehensive plan to preserve our farmland.
The board agreed to pass the model draft ordinance to the planning commission for review. There were no further comments or questions.
PennDOT Winter Maintenance Agreement 2008-2009:
The board approved the signing of the winter of 2008/09 plowing & salting agreement with the state for our state roads that we maintain. There were no further comments or questions.
Library Board Appointments:
The Chairman acknowledged the appointment of Katherine Finnegan Clark and Estelle Bloom representing Durham Township on the Riegelsville library board. The board unanimously approved. There were no further comments or questions.
Staff First Aid/CPR Training:
The Upper Bucks Regional EMS squad has volunteered to supply the above training to all township personnel, or any other interested person. There will be a minimal $5.00 charge per person by the Red Cross for the earned card. There were no further comments or questions.
Zoning Officer Report – Peter Bent
Zoning Officer Peter Bent was present at the meeting and advised the board; three (3) new zoning permits were issued: a demolition permit to Gartner Building Group to remove the trailer on Route 212 site along with a permit to construct a new single-family dwelling on the same site; to Jucewicz at 4359 Lehnenberg Road for an accessory building. A total of fourteen (17) zoning permits have been issued year-to-date versus eleven (12) during the same period last year. Still pending are zoning applications for Anita Wagenvoord on County Line Rd.; Shuck on Red Bridge Road; and Hissim on Route 212. Also, Pat Cook the owner of the abandoned vegetable stand next to the bank on Easton Road is still considering restoring the stand and will advise Mr. Bent of her decision shortly. The Quier and the Henry properties noted last month continue to clean-up slowly. Mr. Bent will continue to monitor
Mr. Bent provided an Emergency Management update; noting his appreciation for the obtaining of the two county radios mentioned earlier in the meeting. Mr. Bent attended a training seminar outlining the procedure on how to handle animals during a disaster. 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: DT-1 belts replaced; new radio (music) for DT-2 installed; repaired the mill dusk to dawn light; mulched the flower beds; recycled; cold-patched Kintner Road; repainted traffic lines near township building and post office handicapped parking; and repaired roadway on Dogwood Lane. Resident Fran Chavar requested the road crew to repair potholes on Stouts Valley Road in area of County Line Road. There were no further comments or questions.
Public Service Announcements: The Chairman announced:
The Community Fire Company #1 will be serving breakfast on Sunday, August 17, 2008 from 8:00AM to 12:00PM
The Community Fire Company #1 “Blue Grass Festival” will be held on Saturday, September 13, 2008 at the Silver Creek Athletic Association in Springtown.
Community Monthly Recycling Day will be on Saturday, September 06, 2008 from 9 AM to 12 Noon and again on Saturday, August 02, 2008.
Township Summer Concert Series will be held on Wednesday, August 13, 2008 & Wednesday, August 27, 2008 from 6PM to 8PM at the bandstand next to the mill. A country/pop band will be performing on the 13th and Palisades High School band on the 27th.
Township “Large Item” Clean-Up Day will be held on Saturday, September 27, 2008 from 8AM to 12 Noon sharp.
Township Community Day will take place on Saturday, October 11, 2008 from 1PM to 5PM.
Questions/Comments: None
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 all. Motion passed. Meeting closed.
The meeting was adjourned at 9:12 PM.
Minutes Submitted by: Township Secretary/Manager Joseph M. Kulick