MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, August 14, 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
Absent: Bldg Inspector: Tim Wittemann
Meeting called to order by Chairman Bartley E. Millett at 7:31 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Minutes from July 10, 2007 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. Motion passed, Minutes approved as submitted.
Approval of Financial Report Dated July 31, 2007
Vice Chairman Richard M. Johnson then made a motion to approve the Financial Report as presented and Member Manfred Marschewski seconded the motion. All agreed. Motion passed.
Updates: None Presented
Old Business:
Wendie Johnson Land Development: Final Review
Ms. Johnson and her surveyor, Dennis Litzenberger P.E., were present at the meeting. Zoning Officer Peter Bent provided a recap of the Planning Commission review conducted last week, noting the “Stipulation & Agreement” approved by the court. Mr. Litzenberger stated that they “will comply” with all of the conditions noted in the Township Engineers Review Letter of July 06, 2007. Solicitor Peter Harrison reviewed all of the remaining requirements of the land development; establishment of a “Developers Agreement” and “Financial Agreement”, payment of all required escrows, along with required easements. The Solicitor will supply an “Approval Letter” to the applicants and their attorney, noting all of the above items, within fifteen (15) days. The Solicitor then recommended the Board issue a final approval based on all of the above conditions.
The Chairman asked if the meeting attendees had any questions regarding the land development. There were none. The Vice Chairman then made a motion to approve the application based all of the conditions previously discussed, Member Manfred Marschewski seconded the motion. The Chairman agreed and the motion was passed unanimously. There were no further comments or questions.
Sprint/Nextel Conditional Use Agreement: Approval
The Chairman noted a Public Hearing was conducted on July 19, 2007 where the boards’ approval was granted for Sprint/Nextel to install six (6) additional cellular communications antennae and related equipment on the existing farm silo located on the Crouse property on Durham Road. Township Solicitor Peter Harrison presented the board, for their signing, the Conditional Use Agreement document. The Chairman requested comments or questions from the room. There were none. The Vice Chairman then made a motion to approve and sign the document, with the required conditions, and Member Manfred Marschewski seconded the motion. The Chairman agreed and the motion was passed unanimously. There were no further comments or questions.
New Business:
Mill Roof Bid Review/Award:
Paul Hartley, P.E. of Mease Engineering was present and advised the board of the receipt of four (4) sealed bids on August 08, 2007, they were opened publicly. The bids ranged from a high of $219,960, to the low bidder, Spotts Bros., Inc. of Schuylkill Haven, PA, for $95,280. Mr. Hartley conducted a review of Spotts Bros. by contacting five (5) references and personally inspecting two (2) of their previous simulated slate projects. All of the experiences were excellent with all contacts highly recommending the contractor and his work. Pictures of the projects were presented to the board for their review. Solicitor Peter Harrison noted that he has reviewed all of the related paperwork and has worked very closely with Mr. Hartley in all matters concerning the bid. Township Manager Joe Kulick advised the board that a review of Spotts Bros. and their bid was also conducted by Bucks County and they approve of the vendor. If the board approves, a contract will be forwarded to Spotts Bros. for their execution.
The Chairman opened the discussion for questions or comments. Resident Peter Thomson asked what will be done to properly monitor the quality of work performed by the vendor. Paul Hartley replied, noting that several staff members, along with the manufactures representative and himself, will be inspecting the site on a routine basis to ensure compliance with the project specifications. Zoning Officer Peter Bent also noted the presence of a Township Building Inspector that was not available at the previous re-roofing. The question arose of when the work would commence. Paul Hartley explained the time line; a contract would be signed by both parties ASAP, and then a “Notice to Proceed” letter will be issued to Spotts Bros. They then have ninety (90) days from the date of the letter to complete the project. Resident Don Ratushny asked about the warranty conditions. Paul Hartley noted a fifty (50) year manufactures warranty during which the contractor is responsible for the first seven (7) years.
The Vice Chairman made a motion to approve the project and awarding of the bid to Spotts Bros. Inc. for the lowest responsible bid of $95,280. Member Manfred Marschewski seconded the motion and the Chairman agreed. The motion was passed unanimously. The board thanked all parties involved for their diligent efforts to date in obtaining a through bid process. There were no further comments/questions.
Island Road Storm Renovation Bid Spec Review:
Chairman Bartley Millett noted that the township has been granted $99,000 by FEMA for the renovation of Island Road after the June 2006 flooding. Paul Hartley, Mease Engineering, presented the Board with a brief outline of the project’s “Scope of Work”. He advised the Board on all steps and projected dates. Sealed Bids must be received NLT 09-05-2007 at 11:00 AM and then will be opened and read aloud at a public meeting. They will then be presented to the Board at their regular scheduled meeting on Tuesday, September 11, 2007, for possible award. He requested the Boards approval to proceed with the advertising and receiving of the bids.
The Chairman opened the floor for any comments or questions. Member Manfred Marschewski commented that section of the road has been a constant problem with flooding. The Vice Chairman asked what measures have been taken to possibly reduce future flooding and damage to the road. Paul Hartley responded, noting the plans call for replacement of one 12” drainage pipe with four (4) larger 18” drainage pipes along with improved road contouring. The Chairman made a motion to grant the approval to proceed, seconded by Member Manfred Marschewski and agreed to by the Vice Chairman. Motion unanimously approved. There were no further comments/questions.
Solid Waste Management Draft Ordinance Review:
The Chairman stated that the Bucks County Planning Commission has recently revised the Bucks County Municipal Waste Management Plan and is requesting all municipalities to review and adopt a local ordinance accepting the county plan. Solicitor Peter Harrison recapped the proposed ordinance noting that Bucks County is requiring the township to adopt the legislation. He (Solicitor) has reviewed the draft and is requesting the board approve his advertising of the ordinance and the conducting of a Public Hearing at the next regular scheduled meeting of the board on Tuesday, September 11, 2007.
The Chairman opened the floor for any comments or questions. The Vice Chairman noted the recent change in state legislation prohibiting the collection of any fees by a municipality from any waste hauler. Zoning Officer Peter Bent recapped the past waste hauler requirements (Township Ordinance 1991-2). He (Bent) felt the proposed ordinance was “a little light” on requirements. Township Manager Joe Kulick advised the board that this draft ordinance reflects the recent changes in state legislation (as approved by PA DEP) and contains the maximum allowed requirements by a municipality. Member Manfred Marschewski felt the new ordinance would update the previous ordinance and was acceptable. The Chairman noted that a copy of the draft will be available at the township office for review for the next thirty (30) days. The Chairman then made a motion to approve the advertising and scheduling of a Public Hearing for adopting the draft ordinance (2007-4). Member Manfred Marschewski seconded the motion and the Vice Chairman agreed. Permission for Solicitor Peter Harrison to proceed granted unanimously.
Appointment to Planning Commission:
The Chairman announced the receipt of two (2) Letters of Interest to fill a vacancy on the Townships’ Planning Commission; for a seat vacated by the resignation of Gerald Ulmer on April 01, 2007. Vacancy Board Chairman, Peter Thomson, has reviewed the applications and is recommending township resident Mr. W. Thomas Harbin of Summit Lane to fill the position. His prior zoning experience in New Jersey, along with the fact he was the first applicant to apply, prompted his decision.
The Chairman requested comments or questions from the floor before making a decision. The Vice Chairman and Member Manfred Marschewski agreed with the recommendation due to his prior experience. They both applauded the citizens of Durham for volunteering to serve the community. Chairman Bartley Millett then made a motion to appoint Mr. Harbin to the Planning Commission. The motion was seconded by the Vice Chairman and agreed to by Member Manfred Marschewski. Motion passed unanimously appointing Mr. Harbin to fill the unexpired term of Gerald Ulmer to expire on 12-31-2010. The board commended Mr. Ulmer for his many years of service to the township. There were no further comments/questions.
Zoning Officer Report – Peter Bent
Township Zoning Officer Peter Bent reported an issue with an unoccupied/deteriorating home on Island Road. The home is owned by a Sophie Weiss who is presently residing in a nursing home in Quakertown. Complaints have been received from a neighbor requesting the property be repaired. An inspection was conducted, with the approval of Ms. Weiss, by our Building Inspector. Since he (Building Inspector) is not present Mr. Bent postponed any further discussion until next month’s board meeting.
Mr. Bent reported that no new zoning permits have been issued since the last (board) meeting. Overall, new construction permits are their lowest since 1995. Pending permits include one for Denny Wehrung to construct a new dwelling on Hilltop Road in Durham Hill Farms. The Garis property on Spring Hill Road has been purchased by Glenn Neebe, a builder from Kintnersville. He will remove the existing trailer and has thoughts of putting an addition on the existing single-family dwelling. The existing 12’ driveway does have a legal recorded easement. He will maintain ownership and possibly offer it for rental. In other business; Chris Peterson has rented a storefront on Easton Road next to the gas station and has obtained an application for a Use Permit to operate a retail masonry supply dealer. Member Manfred Marschewski spoke in favor of the new business. He also questioned the Zoning Officer if the apartment above the stores is a legal residence. Mr. Bent will investigate and report back.
The Delaware River Flood task Force met on July 24, 2007, Mr. Bent was unable to attend. The next meeting will be held on Tuesday, August 28, 2007. There were no further comments or questions.
Road Master Report – Jim Laubach
Township Road Master Jim Laubach was present and reported finishing the small bridge project and installing guardrail on Funks Mill Road; clean-up of trees from 07-10-07 thunderstorm; continued roadside mowing; installing new flashers on wooden road barricades; cold patching roads; working on improving storm water flow in area of Stouts Valley & Spring Hill; replaced gas tank on Zero Steer mower; mowed ball field several times; several vehicle repairs; spread mulch donated by Jerry Fritz; and provided manpower for Park & Rec Board picnic. 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 19, 2007 from 8:00AM to 12:00PM.
The Community Fire Company #1 Blue Grass Festival will be held on Saturday, September 08, 2007 from 12:30 PM to 8:00 PM at the Silver Creek Athletic Assn. on Route 212 in Springtown.
Community Monthly Recycling Day will be on the 2nd Saturday, September 08, 2007 from 9 AM to 12 noon.
Durham’s Community Day will be held on Saturday, October 13, 2007 from 1:00 PM to 5:00 PM
Questions/Comments:
Resident Fran Chavar commented on the need to have overgrown bushes trimmed where they interfere with vehicular traffic. Township Manager Joe Kulick directed to mail notification letter to any uncooperative property owners. Also, place an article in the Township Newsletter.
Resident Bennie Boyer commented on the intersection of Route 212 & Red Bridge Road. Deteriorating roadway and speeding vehicles on Route 212 causing a safety hazard in this area.
No further comments/questions.
Pay Bills / Close Meeting:
The Chairman made a motion to pay the bills as presented and to close the Meeting, seconded by Vice Chairman Richard Johnson and agreed to by all. Motion passed.
The meeting was adjourned at 8:46 PM.
Minutes Submitted by: Township Secretary/Manager Joseph M. Kulick