MINUTES of MEETING
Durham Township Board of Supervisors
Tuesday, November 14, 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
Bldg Inspector: Not Present
Meeting called to order by Chairman Bartley E. Millett at 7:36 PM. All in attendance stood and recited the Pledge of Allegiance to the American Flag.
Approval of Corrected Minutes from September 12, 2006 Meeting
Member Manfred Marschewski made a motion to approve the Minutes as corrected.
Vice Chairman Richard M. Johnson seconded the motion and Chairman Bartley E. Millett agreed. Motion passed.
Approval of Minutes from October 10, 2006 Meeting
Member Manfred Marschewski made a motion to approve the Minutes as presented.
Vice Chairman Richard M. Johnson seconded the motion and Chairman Bartley E. Millett agreed. Motion passed.
Approval of Financial Report Dated September 30, 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:
Chairman Bartley Millett advised the audience that since the financial information requested from Upper Bucks Regional Emergency Medical Services (UBREMS) at the previous Board Meeting in October has not been received; the original budgeted donation amount ($2400) will not be increased (to $17,000) as requested by the organization. Vice Chair Richard Johnson noted that the budget can be adjusted after it is approved to increase the donation should the information be received and warrant an increase. He also noted that a donation toward the EMS could be requested from future developers (2/3 to fire – 1/3 to EMS).
New Business:
2007 Draft Budget 1st Public Review:
Chairman Bartley Millett noted that the preliminary budget for 2007 has been presented for review and does not include a tax increase for the township. The Millage will remain at .825 if approved. The presented draft was reviewed by the Board and the meeting attendees. Copies were distributed for review to the public attending the meeting.
Resident Wallace Frank questioned the $99,000 budgeted for repair of Island Road. Joe Kulick explained that FEMA has approved the amount for 2007 and will pay for the repairs. The amount has been entered on both sides of the budget (Revenue & Expense) and will balance out each other. Elaine Gawronski also explained several line items to the Board. She noted the budgeting of funds to purchase a used dump truck from Springfield Township and a used backhoe for use by the road department. She also called the Boards attention to the newly entered Community Day Revenue / Expenses. Joe Kulick noted the increased expense for a second clean-up day. Vice Chair Richard Johnson requested the Board consider an increase to the budgeted donation to Durham Athletic Association to repair the ball field infield clay. The present donation of $1500 will be increased to $2200.
Chairman Bartley Millett made a motion to approve the draft budget as presented. Vice Chair/Treasurer Richard Johnson seconded the motion, and Member Manfred Marschewski agreed. Motion passed.
Approved Draft Budget to be advertised for final approval at December 12, 2006 Board of Supervisors Meeting. Copies will be made available for review at township office during normal business hours.
There were no further comments and/or questions.
Hill Property Possible Encroachment:
Scott Freeman, a realtor representing Mr. Porter, potential buyer of the Hill property (11-005-013) on Stouts Valley Road, advised the Board of a recent survey of the property that indicated the homes septic system is located on the adjoining township property. Township Solicitor Peter Harrison requested Mr. Freeman to supply an engineered drawing showing all features with exact dimensions along with a legal description for any requested easements, etc. The legality of such an easement was also discussed since the township property was purchased with conservation funding. Vice Chair Richard Johnson noted the area in question is also the only access to the property from a public roadway and should not be compromised.
Scott Freeman felt that perhaps “adverse possession” may be in affect since the septic system must be over 21 years old. He requested the township consider either an easement or lot line change to correct the situation. Chairman Bartley Millett requested Mr. Freeman to supply the material requested by the Solicitor for any further consideration by the Board. Mr. Freeman did not wish to spend unnecessary money unless the Board was willing to grant the request and stated that he would just ignore any further legal action otherwise. The Solicitor informed Mr. Freeman that the situation would not be ignored now that it was public knowledge and that the septic system may have to be removed from government property. Since the township owns the property in question; but also leases additional property from the county, and provided an easement to the county to access this land; Scott Freeman will conduct further research with Bucks County on the legality of the township providing an easement.
There were no further comments or questions regarding this matter.
Colletti / Valley View Estates Escrow Release:
Township Solicitor Peter Harrison advised the Board that the Township Engineer, Scott Mease, has inspected the development and all required improvements have been completed and has authorized the release of the 18 month financial security. The Solicitor then contacted PNC Bank Real Estate Department (holder of the financial security note) and developed a release letter (read to the Board) to be approved by the Board and then mailed by the Solicitor. Vice Chairman Richard Johnson made a motion to approve the release of escrow and the letter. Member Manfred Marschewski seconded the motion and Chairman Bartley Millett agreed. Motion approved.
There were no further comments or questions regarding this matter.
Mine Hill Road Speed Limit Review:
Jim & Barbara Pavlica of 475 Mine Hill Road submitted a letter to the Board of Supervisors requesting a speed limit review and the installation of “curve ahead” signage on Mine Hill Road. They requested the present (un-posted) default speed limit of 55 MPH be reduced to a properly posted 35 MPH for the entire roadway. They agreed to pay for any costs associated with the request.
Chairman Bartley Millett noted the letter included information on several accidents that occurred along the roadway but did not mention the timeframe involved. Vice Chairman Richard Johnson related the action would require an expensive traffic survey to be conducted and did not feel, without further information; the need (to post 35 MPH) existed at this time and opposed any further action by the Board. Member Manfred Marschewski agreed and commented that a 55 MPH speed was not obtainable on Mine Hill Road. Richard Johnson agreed and added that the police could issue a reckless driving ticket to anyone going that speed (55 MPH).
Chairman Bartley Millett also agreed and noted that the Planning Commission has not reviewed the letter and could do so if Jim Pavlica desired, even though all three (3) Supervisors have said no to the request.
There were no further comments or questions regarding this matter.
Old Business: (None Scheduled)
Zoning Officer Report – Peter Bent
Township Zoning Officer Peter
Bent advised the Board of the issuance of twenty (20) permits to date. A
permit to David Caccavo of 180 Kintner Road was issued to construct an
agricultural storage barn building. Two (2) new permits for single family
dwellings to be constructed were issued pending;
Campbell on Lehnenberg Road & Waite on County Line Road.
The Zoning Officer also advised the Board of a Zoning Hearing Board scheduled for December 07, 2006 at 7 PM requested by The Gartner Building Group on appeal of his decision regarding the property located at 5180 Route 212 (11-005-031). They are requesting variances from steep slope disturbance limitations and maximum impervious surface requirements to construct a new single family dwelling on a non-conforming lot of less than 3 acres. He questioned if the Board wished to have the Township Solicitor attend and defend the township in the matter. Solicitor Peter Harrison reminded the Board of a previous legal proceeding on the same parcel whereas the township & Peter Bent were sued by Daniel Rufe. The Board agreed and authorized the Solicitor to attend the hearing.
A request for a special use permit from Top Dog Relic Comp to conduct an event on the Ulmer property located on Dogwood Lane has been received. They are also requesting the townships permission to utilize the township ball field parking area adjacent to this property to park @ 35 vehicles.
The Board approved the use but instructed the Zoning Officer to collect a $5,000 refundable escrow to cover any damage that may be created by the vehicles.
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:
Leaf clean-up conducted; winterized buildings; prepared for winter operations; repaired underground water line leak between mill and township building. DT-2 state inspection repairs in amount of $800+.
Bid for used 1996 Ford F-350 Diesel, Automatic Transmission, dump truck with snow plow and hydraulic tailgate salt spreader from Springfield Township at $13,000 accepted if Board approves. The vehicle comes equipped with a newer transmission bearing a one (1) year warranty. All Board Members approved of the purchase. Vehicle will be acquired on January 10, 2006.
Supervisors Road Inspection rescheduled for Tuesday, 11-28-06 at 8:30 AM.
Joe Kulick noted the installation today of a new 30 year asphalt shingle roof for the township building at a cost of @ $7200. Funding for the project was provided via a $10,000 DCED State Grant obtained with the assistance of Senator Rob Wonderling.
There were no further comments or questions.
Park & Recreation Board Report – John Perkins
John-Paul Perkins, newly appointed Park Board Member and recently elected Chairman of the Durham Township Park & Recreation Board provided a report on their first board meeting:
He noted one of the first priorities of the Park & Recreation Board was to develop and implement a “Master Park & Recreation Plan” for the township and to seek out any available grants. They planned to review existing playground equipment for safety compliance before locating a possible site to utilize it. The Board discussed the possibility of its involvement in Community Day and assisting the township in producing the event. They also explored the possibility of an annual bike race to coincide with Community Day.
There were no further comments or questions.
Public Service Announcements:
The Community Fire Company #1 will be having Sunday Breakfast on Sunday, November 19, 2006 from 8:00AM to 12:30PM.
The Riegelsville Library will be having a used book sale this weekend.
The Chairman noted that Community Recycling Day will be on Saturday, December 02, 2006 from 9 AM to 12 Noon.
The Board of Supervisors Annual Holiday Gathering will be held immediately after the December 12th Board meeting. Cake & Coffee will be served.
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 Vice Chair Richard Johnson, and agreed to by all. Motion passed.
The meeting was adjourned at 9:29 PM.
Minutes Submitted by: Township Secretary Joseph M. Kulick