Supervisors Regular Meeting Minutes – March 17, 2014

Westfall Township, Matamoras, PA
March 17, 2014

The regular meeting of the Westfall Township Board of Supervisors was held Monday, March 17, 2014 which was rescheduled from Monday, March 3, 2014 due to winter weather. The meeting started at 7:02 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Larry Flansburg and Vice Chairman, Robert Melvin; Supervisors, Raymond Banach, Lester J. Buchanan and Jerry Dotey; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Zoning Officer, Michael Rendleman; Scott Myer, Bill Schneider, Chad Steward, Rob Llewellyn, Ed Isaacson, Joe Hudak, Nate Oiler, Doug Olmstead, John Stieh, Michael Gable, Gary Williams, Charles Pranski, Beth Brelje, Lisa Mickles, John Dalton, William Koferl, Mr. and Mrs. Meyers and approximately twenty members of the general public.

Chairman Flansburg stated the Supervisors held a Special Meeting on March 5, 2014 for the purposes of informal discussion of previously approved Land Development for Westfall Senior Apartments by Warwick Properties, LLC. He said we have asked the applicant to come to tonight’s meeting to confirm the informal discussion which was held previously.

Nate Oiler from RKR Hess was present to represent Warwick Properties, LLC and to discuss the Westfall Senior Apartments and the Special Meeting which was held by the Supervisors on March 5, 2014. He explained the project as a 93 unit senior housing project which they have already received land development approval. They are ready to go but the project and the project is going to Pennsylvania Housing Finance Agency for funding. Diamond Associates is assisting Mr. Mandelbaum (the owner) with the PHFA application and they met in Harrisburg. It was determined that if they applied for the whole project at once their chances of receiving funding are not likely. He said there are limited funds in rural areas. They were hoping to go into the application being “shovel ready”. Mr. Oiler said in order to phase the project into two they need to divide the property. There will be two buildings and two phases. He said the application was due last week and that is the reason for the Special Meeting since they did not have time to wait until the Regular Meeting for their presentation before the Board. The application will be for a subdivision between the two buildings. He referred to the plan which he presented. They will be filing a full subdivision application in time for the April Planning Commission Meeting.

Charles Pranski asked what the minimum age for the Senior Housing will be. Mr. Oiler said he believes it is 55 or older. Mr. Pranski was concerned if in the future there is not market for senior housing that it will change to allow younger people to reside there. Mr. Oiler said that the senior housing is a condition of the PHFA funding of the project.

Lisa Mickles questioned the funding. Mr. Oiler said that part of the project will be funded through tax credits to help keep the cost of the project down. The application was submitted last week and will take until June to know if approved.

Mr. Oiler addressed Item Number 11 on the agenda. He feels there is a need in Westfall Township for the Senior Housing and that any support from the Supervisors and the community would be appreciated. He requested a letter be written to the PHFA for support since there is a lot of competition for the funding and they need all the support they can receive. Mr. Oiler said they already have a letter from the county.

A motion was made by Supervisor Buchanan to send the letter. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

APPROVAL OF AGENDA: A motion was made by Supervisor Banach to approve the agenda. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

PUBLIC COMMENT: Twila Decker stated that she commends the Road Department for the great job they have done this winter but there was a large hole in the road on Oak Avenue between Graham and Cuddeback. Mr. Schneider said he would look at the problem. He believes that is where Orange and Rockland cut the roadway for repairs.

MINUTES:

December 18, 2013- Minutes- Approved on a motion made by Supervisor Dotey. Motion was seconded by Vice Chairman Melvin. Supervisor Banach and Chairman Flansburg abstained.

February 11, 2013 – Minutes-Approved on a motion by Supervisor Banach. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

March 5, 2014- Special Meeting Minutes – The minutes were not completed for approval. A motion was made by Vice Chairman Melvin to table the minutes. The motion was seconded by Supervisor Buchanan and carried with all in favor.

TREASURER’S REPORT: Treasurer, Scott Myer gave the report. Mr. Myer said the real estate tax money has started to come in the last week or two. He said with the help of the Tax Anticipation Note, cash flow is fine.

Supervisor Banach asked Mr. Myer if there were enough funds in the budget to buy a new dump truck, pickup truck and put a man on for thirty hours per week. He asked if we could spend $150,000 on the highway department. Mr. Myer said there are not enough funds to do so unless the budget was to change.

A motion was made by Vice Chairman Melvin to accept the Treasurer’s Report. The motion was seconded by Supervisor Dotey and carried with all in favor.

POLICE REPORT: Chad Stewart gave the Police Report. The report was for the month of February. The monthly count of offenses known to police were 5 Rape, 3 Burglary, 18 larceny theft, 4 fraud, 3 disorderly conduct and 6 all other offenses for a total of thirty nine. The monthly count of persons charged for offenses are 2 Burglary, 9 Larceny Theft, 1 Fraud, 2 DUI and 6 all other offenses for a total of 20. The miles patrolled for the month were 5,407. Year to date miles patrolled were 11,104. Motor Vehicle Accidents for the month were 13 and year to date 33. Calls for service for the month were 152 and year to date were 32

Supervisor Banach moved to approve the Police Report. Motion was seconded by Supervisor Buchanan and carries with all in favor.

FIRE DEPARTMENT:

The Mill Rift Fire Department report was given by Edward Isaacson. Driver Training was held on 2/4/14 on Engine 2. 2/5/14 was a work night and they checked all Scott Packs. Their monthly meeting was held on 2/7/14. On 2/8/14 they had Driver Training on Engine 2. 2/8/14 Mutual Aid, Structure fire at Malibu Dude Ranch which was Tanker. They had a work night which all equipment was checked on 2/12/14. On 2/14/14 there was a structure fire at Milford Landing which they assisted with Tanker 1. There was an ice rescue class on 2/15/14 which was attended by Westfall and Matamoras. 2/19/14 there was a personal equipment check. They held a work night on 2/26/14 where they ran Engine 1 and Tanker 1 and on 2/27/14 they attended the I-84 Reconstruction Meeting. The total man hours for the month were 168 and Total Equipment hours were 18.75. The total man hours for the year were 350.

The Westfall Fire Department report for the month of February was given by Rob Llewellyn. He stated there were 4 automatic fire alarms, 4 motor vehicle accidents, 1 stand-by transfer, 1 chimney fires, 2 chief investigations, 1 gas leak, 1 assist ems, 1 vehicle fire, 1 structure collapse and 3 structure fires. The total calls for January were 19. Mr. Llewellyn said the total man hours for the month were 118.79. The total man hours year to date are 327.29. There were 41 EMS calls for Westfall Township, 23 calls to cover Squad 33, and 3 calls to cover Squad 19 with a total of 67 EMS calls. Eight members completed the ice rescue training with Mill Rift and they conducted four in house drills for a total of 102 man hours of training.

A motion was made by Supervisor Buchanan to accept the Fire Department Reports. The motion was seconded by Supervisor Dotey and carried with all in favor.

HIGHWAY DEPARTMENT: Bill Schneider gave the report for February. Mr. Schneider said they were out twelve times for storms this month for sleet, freezing rain or snow. He attended the meeting which Orange and Rockland held regarding prioritizing which roads the township wants open first in case of a storm. Mr. Schneider said he also attended the meeting regarding the I-84 project on February 27, 2014. Kuharcik Construction came for red light servicing and to make sure all signs were up to specification. They have been doing maintenance on equipment. Mr. Schneider attended the Road Task Force meeting for February. He also spoke with the Conservation District to discuss some of the projects coming up this summer. He wants to start the permitting process for the project on Cummins Hill by Polatnick’s property since the process takes some time. Mr. Schneider said we also need to rent a broom for the roads and an excavator for the land fill.

Supervisor Banach confirmed with Mr. Schneider he is making the list of all of the projects which need to be done. There was additional discussion held regarding permits and future projects.

Vice Chairman Melvin moved to approve the Highway Report. Motion was seconded by Supervisor Dotey and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman reported that there was only one zoning permit issued in February which was for an addition to the communication tower on Heaters Hill Road. He said there is a Zoning Hearing scheduled for March 27, 2014 for the expansion of the GO 24 Store.

Vice Chairman Melvin asked Mr. Rendleman to send another letter to Lowe’s regarding the Stop Sign which is down by Dunkin Donuts again. He feels the spot is dangerous and the sign is constantly knocked down. Mr. Rendleman said he would send another letter.

Chairman Flansburg said “Thank you” to Mr. Rendleman since this will be his last meeting. He said we are hiring a new Zoning Officer who will be introduced later in the meeting.

Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Banach and carried with all in favor.

Mr. Dalton made a comment regarding the letter which the Supervisors sent to the Public Utility Commission. He thought there could be “more meat” in the letter. He thought the letter should have been at least one page long as opposed to such a brief note. Chairman Flansburg said we wanted the PUC to know how we feel but not to over step our welcome. No further comment was made.

CORRESPONDENCE: On desk for review.

OLD BUSINESS:

Westfall Fire Company-Water Issue: Mr. Hudak was present to address the situation. He handed out a plan of the property to the Board. Mr. Hudak said it was brought to his attention last fall there was a complaint about run off on the fire company property. He said Kiley Associates did the original land development plan and he did some site investigation due to the complaint. He did not know of the building design and the gutter system which was proposed. It seems to him that the sources of the runoff are the downspouts of the gutters. He came up with three options. The first option, which is the most cost effective and easiest, is to gather the water and put it into dry wells. Option two would be to collect the water and they would need some easements across properties to divert the water to a pond. The third option is to collect the water and run it along the PennDOT right of way to discharge to a natural drainage way. Mr. Hudak then explained the specs of the drainage dry wells.

Supervisor Banach asked who will pay for the cost. Solicitor Bernathy asked why this was not addressed in the land development. Mr. Hudak said the building was built subsequent to his land development design. Chairman Flansburg asked if the fire department had an opinion. Mr. Llewellyn said to tell him who is paying for this and then he would have an opinion. Chairman Flansburg said he will donate his time and machine but he would not be willing to pay for the stone. Vice Chairman Melvin asked Chairman Flansburg if he is insured. Chairman Flansburg said he is insured. Mr. Hudak said the estimated cost would be a couple hundred dollars. Mr. Hudak said he will put a cost estimate together tomorrow and present it to the Board. Supervisor Banach said he has been on the Board and in the audience for a long time and one of the biggest problems is water. He said there have been at least fifty people who have come to the township with water problems that have not been fixed by the township. He said he just does not want to start a trend. Solicitor Bernathy said that the initial cost will go to the property owner and if someone wants to make a donation on behalf of the fire department, they may do so. Mr. Llewellyn said the fire department will build it according to a design as long as they can afford it. They cannot get into paying design fees. Mr. Hudak said he will provide the design for no charge. Mr. Koferl asked what will happen if this does not work. Solicitor Bernathy said then we go back to the drawing board. Supervisor Banach said we need to find more money in the township to start fixing our roads and putting storm drains in. We have not been spending enough money on our road which we are state mandated to do. Chairman Flansburg said it is better to do something than nothing so he wants to try to solve the problem.

Mrs. Meyers asked if this does not solve the problem then what will be done. Chairman Flansburg said we will talk again. There was additional discussion on the water drainage issue.

Fire Protection Contract: Solicitor Bernathy said he has provided to the Supervisors and the Fire Departments a proposed Fire Protection Contract for their review. Mr. Isaacson said he would like to change to section regarding the driver’s license requirement. He does not want to exclude anyone from membership if they do not obtain a driver’s license. He said an example would be if someone lives close to the fire department, he does not want to have to exclude that person from being a member just because they do not have a license. He obviously would not allow them to drive the equipment. Mr. Llewellyn read number 11 on the contract. He said not all members have a valid driver’s license.

There was discussion regarding the required back ground check. Chairman Flansburg said that the fire department puts up the money for the check and if the applicant passes then the Township will reimburse the expense. If the applicant does not pass the test then the applicant is responsible for payment. It is the fire company’s responsibility to conduct the background checks and not the responsibility of the township.

Ms. Brelje asked if this is a yearly contract. Solicitor Bernathy said this is new.

Mr. Llewellyn said the contract refers to the Township paying for background checks and or audits. He asked if that is that coming from the fire department budget. Vice Chairman Melvin asked Mr. Myer the cost of a CPA Audit. He said approximately $4,000. Mr. Myer said there are compilations and reviews which put the information together but does not give an opinion that all is materially correct. He said Westfall Fire Department does a compilation. There was additional discussion regarding the cost of a three year audit versus an annual audit. Supervisor Banach suggested we require statements showing where the township funds are being spent. There was additional discussion regarding the requirements for compilation and audits.

Charles Pranski was took the oath of office for Mill Rift Fire Police. He was sworn in by Chairman Flansburg.

A motion was made by Supervisor Banach to approve the Fire Protection Contract with the amendments discussed. The motion was seconded by Supervisor Dotey and carried with all in favor.

Letter from Matamoras regarding EPRPD: Supervisor Banach stated he would like to have a discussion regarding this issue. He said we have been sending letters to Matamoras and we have been talking about the police department and the finances of the police department. The township has spent a lot of money on litigation and has been trying to get out of debt and try to do the things needed to be done that are mandatory. The fire department and the road department are mandatory. Supervisor Banach said he thinks we should send another letter to Matamoras to request another meeting which we have been asking for over a year to have a discussion about the contract, the terms of the contract, and the amount of money we are spending for police protection and come to some realization that we cannot afford that large of a department. He said he is not against the police department and that we still need the police but he thinks we cannot fund it at that level. We need a new dump truck and another man on the road. He said our roads are falling apart and our engineer has pointed out numerous things that need to be done. We need to run this as a business and we need to work with Matamoras but said he is personally and as a Supervisor frustrated with Matamoras since the only time they want to talk about money is when we send a letter stating there need to be negotiations or we will pull out. He suggests we send a letter stating this is a very serious matter for us and if they are not willing to set up a meeting with us to discuss the finances and the contract, that we give them our one year notice. Solicitor Bernathy said Matamoras is proposing meeting dates of April 29, 2014 or April 23, 2014 at 7:00 pm. There are some questions as to the purpose of the meeting. There was additional discussion regarding the purpose of the meeting. Supervisor Buchanan asked the purpose of our two commissioners. Supervisor Banach said the commissioners are not the Borough of Matamoras. Matamoras does not want to talk to us. We have asked. Supervisor Buchanan said he understands that but that is the reason we have two police commissioners. They have two police commissioners and they are supposed to go back to the Board. He said when we signed that contract the Board relinquished their power over the police department and gave it to the two police commissioners. Solicitor Bernathy said Supervisor Banach is talking about funding and participation in the contract. He is talking about withdrawing from the contract and from funding the department. Supervisor Banach said if we cannot get Matamoras to start talking to us, looking at the contract realistically and to come up with what we can afford then the notice will be given that after one year we will no longer be part of it. Supervisor Buchanan said you cannot threaten this. You either have to do it or not do it. He said once the letter is written the time starts ticking. Supervisor Banach said we have been paying Solicitor Bernathy hundreds of dollars to shoot letters back and forth to Matamoras. Supervisor Buchanan said basically what Matamoras is saying that they have nothing to say about it. He said if you want to withdraw then write the letter to withdraw and do not bother having any meetings. They have said in the letters that they do not want to talk about it and that is basically saying they are not going to talk about the budget. He said write the letter that we are going to withdraw in one year or stop talking about it. Supervisor Banach said he thinks there is a value with the EPRPD but it is not at the value of the money we pay right now. Supervisor Buchanan said they have told you that they have no problem with it so withdraw. Chairman Flansburg said he would like to throw one more stab out there and see if they would like to come to the table. He said that is his opinion and he is one of five. Supervisor Buchanan said when you do this and Matamoras does not show up you have to realize that clock starts ticking and the letter will have to be written that we are going to withdraw. He said this does not happen overnight and there is a whole lot involved from withdrawing from this police department. He read the one letter which was written and it said “if you don’t” and they started the clock. He is just going by what he read in the newspaper. Supervisor Buchanan said they have no interest in discussing the budget. Supervisor Banach said the contract reflects specific percentages. We have asked to talk about the percentages and they disagree to change the percentages. He said it is a community police department and it should be 50/50. Supervisor Buchanan asked if the two commissioners have brought this up at the commission meetings. Vice Chairman Melvin said yes. There was a meeting in 2009 regarding the splits. Solicitor Bernathy asked if they are willing to renegotiate the contract. Supervisor Buchanan said that is what the two commissioners are for. They need to ask them if they want to renegotiate the contract. If the answer is no, then the commissioners come back and report to the Supervisors. Vice Chairman Melvin said there are certain things they would like to renegotiate in the contract such as some common issues. He does not know if they are going to want to discuss the percentages. Supervisor Banach said he does not want to get rid of the police department but he feels we should sit down with all of the people who make the decisions and tell them what we can afford. Mr. Pranski questioned the time period of the contract regarding the length of payment of funds. He questioned it being two years. Supervisor Buchanan said it goes to the Court of Common Pleas. Solicitor Bernathy said there are all sorts of provisions that kick in and time tables. He said this is not something to be taken lightly. Then there are issues of alternate coverage also. Supervisor Banach said the point is not to get out but we need to sit down and have this conversation with Matamoras and have a discussion about Westfall Township and the need to get money back into our fire departments and back into our road department. We need to have drains, blacktop and additional people. He said we are spending a great deal of money on the police department and all of the other things in the town are falling apart in the millions of dollars. Mr. Pranski said he is concerned about when we lose our police department and the crime rates go through the roof in this township. Supervisor Banach said he will throw a number out there, $200,000.00. If we contribute that amount and have the State Police pick up the difference. Mr. Pranski said he lived in Dingmans Ferry which is closer to Blooming Grove and it would take them forty five minutes to arrive on the scene with a patrol in that area. He questioned the State Police coming down to Westfall for the petty issues. Supervisor Banach said we need to sit down and discuss this with Matamoras to see how we can do it and have everything we are required by law to have done. He said eventually people may not be able to go to work because we do not have plow trucks and the roads will not be able to be driven on because the roads are falling apart. We have bridges and culverts that are falling apart. We keep funding the police department. He said he is not against the police department. Mr. Pranksi questioned the amount of Liquid Fuels funds the township receives. Supervisor Banach asked Mr. Hudak how much it would cost to fix/build one bridge. Mr. Hudak said hundredths of thousands of dollars. Supervisor Banach said we have talked about this before and if we did not have Mr. Katz and Mr. Dombrosky we would not be having this conversation at all. He said he questioned back in 2008 if the township would be able to afford the police in the future if something happened and the township had to pay for the Katz situation. Mr. Pranski said if things were done on a timely schedule in the past with the roads and bridges the township would not be in this situation. Chairman Flansburg and Supervisor Banach both said that is exactly what we are saying here. Supervisor Banach said Mr. Thiele had a ten year rotation plan for black topping the roads. We have been giving up all of that and the money has been going to the police department. The fire departments have not gotten the money they used to get. He said this is a business and we have to share the pie and make everyone whole. Mr. Pranski said if there is not security on the business and the business is getting robbed in the middle of the night that is a problem. Supervisor Banach said he does not think it is that bad here yet. Vice Chairman Melvin said he would not say we give the money to the police department and that they earn it. He does not feel that the numbers have gone through the roof. Mr. Pranski said the costs would have been higher if we kept the old police department due to the pension costs. Supervisor Banach said these are the things we would like to speak to Matamoras about. Mr. Isaacson suggested the split be fifty and the two departments have their own territory, vehicles and jurisdiction. Vice Chairman Melvin said he thinks that would defeat the purpose of a police department. Mr. Isaacson said two weeks ago two of our cars went to Milford Borough. He said they should have their own department come out. Solicitor Bernathy said that is a mutual aid situation. Ms. Brelje asked Solicitor Bernathy details regarding the letter which Matamoras send regarding the dates of the meeting. He read the letter.

Mr. Pranski questioned the percentage of crime reports in each area. Vice Chairman Melvin said that information is available but he did not have it with him.

Chairman Flansburg said the township “check book” sits up on the desk in the form of a budget that everyone can look at. The State clearly says that the township must provide fire protection and road maintenance and plowing. He said there are four or five big ticket items, which are Katz, Dombrosky, fire department and road department. He said to look at the budget and see where he can provide $40,000 more dollars. Mr. Pranski asked how much the state police will charge. Supervisor Banach said they do not charge. Chairman Flansburg said that is already in our taxes. Mr. Pranski said they have been billing townships for their response. Chairman Flansburg said that no one is saying “no police department”. He said at one of the budget meetings there was discussion about raising the taxes by one mill which was roughly $40,000 which would be about $25.00 per household. It was flat out denied. Mr. Pranski said he understands but he is concerned if there is not police coverage at night.

Vice Chairman Melvin brought up the Earned Income Tax. Supervisor Banach said people do not want more tax and all we will be doing is penalizing the people of Westfall Township. Vice Chairman said there are a lot of people that come here from New Jersey and New York that come here to work that would pay the tax. The money would come here for all of the people that work at the school that live in other towns that do not have the tax. Mr. Myer said the tax is only paid once and it goes to where you live. Vice Chairman Melvin said this is something we need to discuss. Supervisor Banach said it would not be fixing the problem. All we would be doing is re-taxing the people so that we have more money to pay for things that we want. Additional discussion was held regarding taxes.

Chairman Flansburg said he would like to give Matamoras another chance at sitting down and talking about this.

Mr. Pranski brought up a local sales tax. Supervisor Banach and Vice Chairman Melvin said we cannot do it. Chairman Flansburg said the state regulates everything that can be taxed. Supervisor Banach said we were criticized for trying to get some income out of the amusement tax. Chairman Flansburg said we had a shot at taxing the cigarette stores. The cigarette store people sat down and said they would gladly pay a tax on the cigarette sales in Westfall but if the tax is not collected in Matamoras their cigarettes would be cheaper than ours and we will lose business. Mr. Pranski suggested to talking to Matamoras. Chairman Flansburg said Matamoras told us they were not interested. Matamoras is not known for their cooperation with us right now. He said he thinks our Board is sharp and ready to work but we keep getting shut down. There was additional discussion regarding the cigarette stores.

Mr. Dalton asked Solicitor Bernathy if he could see the letter which Matamoras sent. Solicitor Bernathy said sure.

There was discussion regarding the content of the letter to be sent to Matamoras. Supervisor Banach said the letter would not be an ultimatum. Supervisor Buchanan said we need to know going into the meeting if they say they do not want to negotiate if we are going to pull out of the police department. Chairman Flansburg said there are a number of things that need to be negotiated and considered. Supervisor Buchanan said suppose they do not negotiate. He asked Chairman Flansburg if we are ready to pull out of the police department. Supervisor Banach said he hopes it does not come to that. He feels that the amount of money and the needs of the parties should be discussed. Mr. Dalton said what about a “committee of the whole”. Supervisor Buchanan said that is what is being proposed. Supervisor Flansburg said if they are going to tell us that there is no negotiation then we have to drop the police department. He said he is ready to make the move.

A motion was made by Supervisor Buchanan to write the letter and request the meeting date with Matamoras Borough of April 23, 2014 at 7:00 pm at the Matamoras Borough Building. The motion was seconded by Supervisor Dotey. Supervisor Buchanan was in opposition. The motion carried with four in favor and one against.

NEW BUSINESS:

Paddler’s Point-Informal Presentation: Representative: Michael E. Gable, Boucher & James, Inc.

Mr. Gable told the Board that his client and his client’s legal counsel were not able to be present. Solicitor Bernathy confirmed with Mr. Gable he is here for informal discussion only. Mr. Gable explained the revised plan of the previously presented garden apartment plan. The revised plan is to remove seven units which reduce the number to 120 units. He said if they go less than 120 units, according to his client’s calculation, the project is not financially viable. He said the revised plan has three less buildings. Mr. Gable said they eliminated the buildings from the center of the project which opens the center up for green space. The plan retained the area along the stream and the picnic area. The walking trail still remains also. He said the impervious coverage is slightly less which is about two percent less which is still well less than the ordinance limitation. Vice Chairman Melvin questioned the parking spaces on the new plan. The parking spaces have been reduced and they are in full compliance with the ordinance, said Mr. Gable. He said the new amount of open space is 180,600 square feet. They agree to the $600 difference for the open space which is required by the ordinance. The calculation would be about $36,000.00. Vice Chairman Melvin said we will run into the same problem as before. We need to spend the money on something to benefit the community and there is no space to utilize the $36,000.00. Mr. Gable explained the project to Supervisor Buchanan. Supervisor Buchanan asked if the apartments would be rent subsidized. Mr. Gable said no. The intent is to have just rentals. Vice Chairman Melvin asked if there have been any studies done to prove the demand for the apartments. Mr. Pranski asked the rental rates and if the project would be considered low income housing. He also asked about the amount of people and traffic this will bring to the area. Mr. Gable said a study was done which he does not remember the figures but the amount of money coming in would greatly benefit the township. There was discussion regarding the traffic impact. Solicitor Bernathy said we must provide for all housing and we cannot discriminate.

Solicitor Bernathy stated the applicant has appealed the Board’s decision on the first proposal with the Court of Common Pleas which is pending this informal presentation. There was discussion regarding open space.

Supervisor Banach stated there was a lot of time spent on a Comprehensive Plan and one of the big issues was housing in Westfall Township. Mr. Gable said it is a problem countywide. There is no housing of this type available.

The Supervisors decided to discuss this further after the meeting and move on with the meeting.

Oath of Office-Elliot Gurian and Charles Pranski-Mill Rift Fire Department/Fire Police: Elliot Gurian was not present and the swearing in of Mr. Pranski was handled earlier in the meeting.

Letter from Planning Commission-Route 6 Outparcels, LLC-Mavis Tire Conditional Use/Land Development: Representatives: John Stieh, Esquire; Michael E. Gable, Boucher and James, Inc.

Solicitor Bernathy said the proposed Land Development/Conditional Use has been reviewed by the Planning Commission with recommended approval with certain conditions as set forth in their letter dated February 26, 2014. There are also reviews from Kiley Associates and the county agencies.

Mr. Stieh stated the proposal is a revision of the Land Development which was previously approved six or seven years ago when Dunkin Donuts was put in. That plan was for two buildings, a Dunkin Donuts and a retail space. Mr. Stieh’s client, Route 6 Outparcels, LLC has been approached by Mavis Tire to build a tire center.

Mr. Gable presented the Board with the project details. He said the proposed building is to replace a 5800 square foot retail/office store located next to the Dunkin Donuts. He explained the location of the site which is located directly behind the Dunkin Donuts. The proposed building is 6799 square feet and there is a slight addition to impervious surface for parking for the project. Mr. Gable addressed the fire department requirement of application of grass pave around the back of the building. He said the grass pave will be twelve feet wide and will be maintained year round to a hard surface. The grass pave is hard honey comb plastic which a heavy truck could be parked. They can be filled with gravel or topsoil for grass to grow through. He then explained the infiltration system proposed. Vice Chairman Melvin asked about wetlands and Mr. Gable pointed out on the plan the area of wetlands which is not on the site. Supervisor Banach asked if that area was flooded when Lowe’s flooded. Mr. Gable said yes but they have brought in about three and one half feet of fill so it no longer floods. He explained the flood elevation.

Mr. Gable said the site is being revised for the delivery truck. An area of the curb will be removed in order to provide the delivery access. Solicitor Bernathy explained the deliveries will be when the facility is closed which is one of the Planning Commission conditions of recommendation. Mr. Stieh asked if the Board would give some consideration for discussion on this subject. Mr. Gable said the peak time for parking for this type of facility is in the evening and on Saturdays. He said the peak for parking at the Dunkin Donuts is in the morning and the peak for this facility is in the evening. Mr. Gable said the times for deliveries will not be at peak and a lot of the time it will be when the store is closed. He said the applicant cannot always control the times of the deliveries and it would be difficult to have such a restriction. Solicitor Bernathy said Planning was concerned about the space being blocked when the store was open during a delivery. There was discussion regarding hours of the store. Chairman Flansburg questioned the staff parking. Mr. Gable said they would require the employees to park in the satellite parking area. Mr. Gable explained the parking situation at Dunkin Donuts. When Dunkin Donuts applied for Land Development approval in 2007 they had anticipated 40 seats. The actual building permit application was for less seating since they needed a larger baking area to help with the Milford Dunkin Donuts. This reduced the seating to 25 seats. He said there are actually 21 seats. This would revise the previously approved Land Development Plans. Solicitor Bernathy asked how many spots are now needed for parking. Mr. Gable said we are proposing 62 and there are 62 there. He said it is 5 spaces less than originally planned. Mr. Stieh said this is revising the previously approved Land Development Plan. Solicitor Bernathy confirmed with Mr. Stieh that this proposal is to address the issue at it relates to the need for a special exception. There was discussion regarding taking parking spots from the Lowe’s plan. Mr. Stieh said they are not taking any parking spots from Lowe’s and that they are keeping all parking on site.

Solicitor Bernathy reviewed with the Supervisors the letter from Planning and all conditions. Supervisor Buchanan did not agree with the condition of deliveries only during business hours. Additional discussion was held regarding deliveries on the site. Solicitor Bernathy said the intent of the condition suggested by Planning was for large delivery trucks and not UPS or Fed Ex trucks. It was so that there would be no blocking of the front of the building. Mr. Gable explained the entrances to the site. Mr. Stieh said there is a delivery area on the side of the building for straight trucks and box trucks. Mr. Gable said it is the applicant’s standard practice to load through the front of the store. Mr. Hudak said that if a large truck is parked there it will not block the entire parking lot.

Mr. Rendleman said the only problem he can see is that they are taking four or five spots from the existing Dunkin Donuts plan. Mr. Stieh said there was parking provided for an entire plethora of uses which were The Dunkin Donuts and retail/office space. That was the parking that was designed and laid out on a condominium basis. They have the right to share the parking and the common expenses. They even share the dumpster. Solicitor Bernathy said it changed since they are not proposing the need for the Lowe’s spaces. Mr. Rendleman said the plan was approved for a certain number of spots for Dunkin Donuts and a certain number of spots for the other use which gives a total to be used for the condominium use. Mr. Gable said this will be an official amendment to the approved plan if approved this evening. Solicitor Bernathy said the tire store is an approved use on the property and there are no zoning issues. There was discussion regarding the sprinkler requirement. Mr. Gable said this will be a building permit requirement also.

Vice Chairman Melvin questioned if there will be enough water supply from the water tank at Milford Landing in an emergency situation. Mr. Gable said he believes there will be but he is waiting for Pennsylvania American Water Company to supply a letter to confirm. There will also be a float test on all of the fire hydrants.

A motion was made by Supervisor Buchanan to schedule the conditional use hearing for April 7, 2014 at 6:00 pm. The motion was seconded by Supervisor Dotey and carried with all in favor.

A motion was made by Supervisor Dotey to approve the Land Development with the conditions deleting numbers 2 and 3 on the Planning recommendation letter as noted. The motion was seconded by Supervisor Buchanan and carried with all in favor.

Warwick Properties, Inc.-Westfall Senior Apartments: Nate Oiler addressed the Board earlier in the meeting.

Shay Property-Notice of Intent to Remediate: Solicitor Bernathy said he sent the letter last Friday to make sure the Township stays in the loop.

Letter from Harrison & Burrowes Bridge Constructors-hours of construction: Chairman Flansburg said a request letter was received from the company doing work on the bridges. They would like to run a double shift for construction. His opinion is that he does not agree with running the double shift on Fridays. Supervisor Dotey agreed. There was discussion regarding hours of construction. Supervisor Banach said the traffic will not be affected since they are working behind the barriers. He said we would be better off letting them work and get done. Rob Llewellyn said the traffic will not be impacted. The noise from the double shift is the concern.

Complaint-Joseph Anello-fence damage from plowed snow: Bill Schneider said the subject property is on Pond Drive. He said he will look at the problem and if the fence is in the township right of way the owner will be required to move the fence. Vice Chairman Melvin asked if the fence is in the right of way. Mr. Schneider said he thinks it is in the fifty foot right of way. Supervisor Banach said if the fence is in the right of way it is the owner’s responsibility to fix it and if it is not the township needs to fix it if we broke it. Mr. Schneider agreed to speak with Mr. Anello and to determine if the fence is in the right of way.

PCCD-Dirt, Gravel and Low-Volume Road Maintenance Program: Mr. Schneider said he signed up for the course which there is no cost. The course is required to be taken every five years.

PA Route 6 Alliance Letter: A motion was made by Supervisor Banach to deny joining the PA Route 6 Alliance. The motion was seconded by Supervisor Dotey and carried with all in favor.

Zoning Officer: A motion was made by Supervisor Buchanan to appoint R. Douglas Olmstead as Zoning Officer. The motion was seconded by Supervisor Dotey and carried with all in favor. The hourly wage is $20.00 per hour.

Mr. Rendleman agreed to train Mr. Olmstead for four days.

Schedule “Spring Clean Up” Day: The Supervisors discussed the possible dates for the scheduling of the clean- up day. A motion was made by Supervisor Buchanan to schedule the clean- up day for Saturday, May 3, 2014 from 10:00 am to 2:00 pm. The motion was seconded by Supervisor Dotey and carried with all in favor.

Request for letter to PHFA-regarding Westfall Senior Apartments – This was addressed earlier in the meeting by Nate Oiler.

SUBDIVISION REVIEW AND ACTION:

Letter from Planning Commission-Stanley/Rocko Subdivision: Chairman Flansburg stated there is a letter from Planning recommending the application of the Stanley/Rocko Subdivision. Gary Williams addressed the Board. Solicitor Bernathy said the application has been reviewed by the Planning Commission and Pike County Planning. Mr. Stieh said Chris Stanley and Joyce Rocko would like to subdivide their property in Mill Rift. They would like to subdivide off 88 acres and their house off of the 110 acre parcel. They would like to take the remainder of that track and add it on to the 155 acres which they own adjacent. Supervisor Buchanan asked the reason for the subdivision. Mr. Stieh said it would make their house easier to sell when they are ready to do so.

The Board reviewed the Subdivision Maps. Mr. Stieh said he received the letter which Chris Wood, SEO provided to confirm they did not need to do the sewage module. He also provided a copy of the court order which confirms the 40’ wide right of way. Mr. Stieh said the Pike County Planning approval has been received also.

A motion was made by Supervisor Buchanan to approve the Stanley/Rocko Subdivision with the conditions referred to in the Planning recommendation letter. The motion was seconded by Supervisor Dotey and carried with all in favor.

ADJOURNMENT: Meeting was adjourned at 9:40 p.m. on a motion by Supervisor Dotey. Motion seconded by Vice Chairman Melvin and carried with all in favor.

Respectfully Submitted,
Jodi Hulse
Secretary

Supervisors Special Meeting Minutes-March 5, 2014

Westfall Township, Matamoras, PA
March 5, 2014

The Westfall Township Board of Supervisors held a Special Meeting on Wednesday, March 5, 2014 at 7:00 pm. The meeting was held at the Westfall Township Municipal Building on Delaware Drive and LaBarr Lane.

Those present were Chairman, Larry Flansburg; Vice-Chairman, Robert Melvin; Supervisors, Lester J. Buchanan and Jerry Dotey; Solicitor Robert Bernathy; Secretary, Jodi Hulse and one member of the general public. Supervisor Raymond Banach was not present. Also present were Nate Oiler, Jonah Mandelbaum, Matthew Osterberg, Michael Rendleman, Bill Schneider and Robert D. Olmstead.

Chairman Flansburg called the meeting to order at 7:02 pm.

PUBLIC COMMENT: NONE

AGENDA: Chairman Flansburg removed the PCCD Dirt and Gravel Low Volume Road Maintenance Program from the Agenda since the meeting notice did not include “Other Township Business”.

A motion was made by Supervisor Dotey to approve the agenda. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

OLD BUSINESS: NONE

NEW BUSINESS:

Chairman Flansburg stated the order of New Business would be switched around since Mr. Olmstead would like to stay for the meeting and Warwick Properties will be moved forward.

Chairman Flansburg stated before the meeting starts there is something he would like to say. He said he is speaking for himself regarding this matter and he is pretty offended that the applicant, Warwick Properties, Inc., did not come to the Board of Supervisors first with their request. He said we bent over backwards the first time around to accommodate. Chairman Flansburg referenced a letter which he received from the Commissioner’s Office which had ten points on it to say what was done wrong. Mr. Osterberg questioned the letter and said the letter did not come from him. Solicitor Bernathy said he thinks the letter came from either the Conservation District or Pike County Planning. Chairman Flansburg said he was pretty sure it came from the Commissioner’s Office and that he was pretty upset about it. He said he would look into where the letter came from. Nate Oiler said he thought it came from the Pike County Planning Commission. Chairman Flansburg said the point he would like to make ultimately comes back to the Board anyway. He said to Mr. Osterberg, that fact that he would communicate to someone else something that he wants to happen here bothers him. He said Supervisor Buchanan and Supervisor Dotey are available every day and that he is available by phone every day. Chairman Flansburg said that he is going to make it his policy from now on if the request does not come to the Board first he is not going to listen. He said he has been on the Board for three years and he has not seen one time where the Commissioners tell him what to do. They should have come to the Board and said there is something that needs to be worked out and is there something that can be given in return. He said our tax payers are unduly burdened and he could use a little help from the Commissioners from time to time. Mr. Osterberg said again he does not know as to what letter Chairman Flansburg is referring. Chairman Flansburg said he feels that they should have come to the Board first. He feels that we have a sharp Board at this point in time. He said he feels like no one respected the Board and that the idea which will be brought before the board tonight is the idea which he came up with.

He also added that none of the expenses that have been incurred for this Special Meeting are being covered by the Township including lawyer and advertising. Mr. Mandelbaum said absolutely and that is not the Township’s burden.

Supervisor Dotey said that he would like to think that two of the Commissioners, who he knows very well, would have contacted him. Mr. Osterberg said that the only thing the Commissioners have ever said is that they support the Senior Housing and that the Supervisors have never received a letter from the Commissioners. Chairman Flansburg said this came to the Supervisors through Solicitor Bernathy and that is not the correct channel. Mr. Osterberg said that Mr. Mandelbaum will explain exactly how this happened. They went to Harrisburg and Harrisburg said it is a great project but there are only two that are awarded funding in the state. They considered it to be two projects since the project consisted of two buildings. He said they are requiring the project to be cut in half and the property to be subdivided. This happened very fast and the application is due by March 14, 2014. Chairman Flansburg said that the communication was poor. He said he speaks to our Secretary on a daily basis and if something needed to be done they should have called. He feels we were left out of the loop but at the last minute we all have to jump to accommodate. He asked what the county has in store for helping the Township. Mr. Mandelbaum said he had a meeting in Milford last week and he asked if the Solicitor could come and look at it since this all happened so fast. He said he has spent a very large amount of money just on reports. He said they are only giving two projects per cycle for state wide senior housing. He suggested to Mr. Osterberg to call the Township Attorney so that he could look at the plan quickly to decide what to do. Chairman Flansburg said we are a team and we function as a team. Mr. Mandelbaum said the Township has been extremely supportive. Vice Chairman Melvin said we need to have better lines of communication. Chairman Flansburg said he would like for the applicant to come back to our next regularly scheduled meeting which is on March 17, 2014 so that the public is totally aware of what is going on and so that the Township is not blamed for something being passed without the public knowing all of the details. Mr. Mandelbaum said the deadline is before the next meeting and that is the only reason the Special Meeting was needed. Chairman Melvin said we want to be open with the community and that it is a good idea for the applicant to be present at the next meeting.

Solicitor Bernathy stated we are here informally and the applicant is not to rely on any representations that are made by the Supervisors. We are here, as we have advertised, for the purposes of reviewing the previous approved land development plan and possibly making some suggested amendments or changes in addition to proposing a subdivision. He said the applicant will have to go through the formal subdivision approval process in addition to a possible land development amendment.

Nate Oiler said we went into this with the idea that we would be just about “shovel ready” which would be a big benefit when we went for the funding application. The way the funding is set up they would only have a chance to get forty nine units. He said we had a building of forty four units and a building of forty nine units so we need to split the project in half in terms of phasing. It also needs to have two separate parcels (lots) for the funding program requirements. Mr. Mandelbaum’s whole objective was to have the project done as one but we need to split in half to have a chance to receive the funding. He said we are trying to make this work after the fact and it is difficult when we did not know this throughout the whole project. Mr. Oiler explained to the Board on the map the proposed plan for subdivision to meet all requirements.

Mr. Mandelbaum explained to Supervisor Buchanan the type of apartments which are proposed.

Solicitor Bernathy said this proposal depicts an irregularly configured lot. He said he is hesitant to suggest or recommend approval on flag lots. He said this lot is even more irregular than a flag lot. He said he has given a lot of thought to this and understanding this needs to be developed in phases he thinks making the plan with two lots (with an even line down the middle) and developing the lot closest to the river first would be best. He said if the applicant does it this way, they would likely comply with all of the development criteria for the ordinance with easements that would be going along with cross easements for parking and drainage. He said if the lot on the left were isolated and developed first there would be legal issues. It is way too small of a lot to put that large of a building. He said he cannot recommend isolating a lot that is otherwise substandard to the proposed development. He said if the lot to the right were developed the issues would not pertain. It could be a standalone lot with the understanding that if the subdivision is approved those lots by the way of a restrictive covenant could not be sold separately. Solicitor Bernathy explained that if they were to get the subdivision approval and then develop Lot 1 (which is the big lot) and the building is built on that lot with cross easements over Lot 2 for drainage, parking etc. There would be five years from the date of development to develop the second lot. If the lot is developed it can be done so in accordance with the previously approved plans. If it is not developed the approval for that lot lapses and the applicant would be at risk since they would need to start the approval process over. He said this irregularly configured lot does not seem like it will “fly”.

Mr. Mandelbaum stated he may need to obtain a variance. Solicitor Bernathy said variances cannot be self-created. A hardship cannot be created.

Mr. Mandelbaum said he closed on the parcel and already owns the parcel. Solicitor Bernathy asked Mr. Mandelbaum the reason for not being able to develop the larger piece first. Mr. Mandelbaum said everything. He has the office and the Superintendents apartment which is required is on the smaller piece. The state will not let them switch the plan. He said every report for the project was done for the development on the smaller piece. The footprints are also different. Additional conversation followed. Solicitor Bernathy said he understands the issue but he is not sure how we can get around the ordinance provisions without the applicant asking for many variances and relief from the Township’s Land Development Ordinance. Solicitor Bernathy said this is something that he cannot recommend that we consider due to the shape of the lot. He understands it is creative and he understands what the applicant is trying to work with but the proposed subdivision is not something that he can recommend be approved. Mr. Oiler said that Mr. Hudak has reviewed the plan. Solicitor Bernathy asked if Mr. Hudak stated this plan complied with the ordinance. Mr. Oiler said that Mr. Hudak suggested the strip on the side to make the lots equal in size. We came up with this plan to balance the property. The required area is there and required densities, required impervious area and building coverage. Solicitor Bernathy said that is what he is concerned about. He said it just would not meet the five acre minimum but he thought that when they tie into a development agreement that they would be able to obtain a variance. Solicitor Bernathy asked if the applicant thought that the only variance they would need is minimum lot size. Mr. Oiler said that the other discussion was that they could, through the development agreement, in the event that the second phase does not get built the lots will be combined. Vice Chairman Melvin said if they do not get funding and approval for Phase Two then Phase One and Two will become one project and one property. Mr. Mandelbaum said yes. Solicitor Bernathy asked Mr. Mandelbaum if is willing to have Lot 2 at total risk for future development. Mr. Mandelbaum said he does not have a problem with that. Solicitor Bernathy said there would be covenants that run with the land. Mr. Mandelbaum said that would be no problem. He said if he does not build within five years he will combine the properties. Chairman Flansburg said he has a problem with cross easements and neighboring property owners will expect the same. Solicitor Bernathy explained to Chairman Flansburg that the lot is one by itself. Chairman Melvin said he does not think the neighboring property has access to any other property. Chairman Flansburg said his concern is solely for the Township and what is coming back to the Township. Mr. Mandelbaum showed the Board a plan of a previous project he managed. Discussion followed regarding that plan. Solicitor Bernathy said the lots on the plan are not even close to being irregularly configured lots. Mr. Oiler said that most of the development is being done in Phase One.

Solicitor Bernathy said the applicant will need Subdivision approval. Mr. Oiler explained the plan to Chairman Flansburg. Additional Conversation followed. Mr. Mandelbaum said that if the funding does not go through he would fund the project next year. Solicitor Bernathy said he appreciates that but there is nothing legally he can do to hold him to that. Solicitor Bernathy asked again if our engineer indicated that there is no prohibition in our subdivision ordinance for creating such a lot. Mr. Oiler said that the engineer suggested it. Solicitor Bernathy said he knows that he suggested it but he wants to know if the plan is compliant with the ordinance. Mr. Oiler said there are no violations to the ordinance that he is aware of. Chairman Flansburg said that does not make him feel comfortable. Mr. Oiler said they have to go through the formal subdivision application process.

Solicitor Bernathy said the property will be owned by the same person and the lots cannot be sold separately. Mr. Mandelbaum said he has no problem with that. Solicitor Bernathy’s said that if the second phase funding does not come through and they do not build the second phase within five years the lot would become one lot and it could not be developed or subdivided without township approval. Mr. Mandelbaum and Mr. Oiler both agreed.

Solicitor Bernathy asked Mr. Rendleman his thought on the matter. Mr. Rendleman reviewed the proposed plan and did not have a comment.

Solicitor Bernathy said we will fix this with a Developers Agreement with the Township and covenants and restrictions in the deeds. Mr. Mandelbaum said if he does not build Phase II the lots will merge. Solicitor Bernathy confirmed with Mr. Mandelbaum that he will not be able to sell the second lot. It needs to remain under his ownership and will merge in five years if Phase II is not built. He wants covenants and restrictions in the deed to reflect this. Solicitor Bernathy said he can sell the whole parcel after the five years if he wishes.

Solicitor Bernathy read the form letter which the applicant requests from the Township to the State.

A motion was made by Supervisor Buchanan to provide the letter to the applicant. The motion was seconded by Supervisor Dotey and carried with all in favor.

Mr. Mandelbaum thanked the Board. Vice Chairman Melvin thanked Mr. Mandelbaum for attending the meeting personally.

An Executive Session was called at 7:51 pm for the purpose of Personnel. The meeting was back in session at 8:15 pm.

ADJOURNMENT: A motion was made by Supervisor Buchanan to adjourn the meeting at 8:15. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

Respectfully submitted,
Jodi Hulse
Secretary

WESTFALL CLEAN UP DAY

“WESTFALL TOWNSHIP RESIDENTS”

CLEANUP DAY
SATURDAY, MAY 3, 2014

8:00 AM – 2:00 PM

WESTFALL TOWNSHIP BUILDING
DELAWARE DRIVE & LA BARR LANE

$10.00 PER CAR LOAD

$20.00 PER TRUCK LOAD

$30.00 PER LARGE TRUCK LOAD

Cash or Checks ACCEPTED

WE WILL NOT ACCEPT
Tires, Refrigerators, Air-Conditioners,
Asbestos, Paint, Propane Tanks
Building Materials or Brush

NO HOUSEHOLD GARBAGE

Any questions can be answered by calling the Township
Office at 491-4065 during normal business hours.
Thank you!
Jodi Hulse
Secretary

Supervisor Regular Meeting-February 11, 2014-Minutes

Westfall Township, Matamoras, PA
February 11, 2014

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, February 11, 2014 which was rescheduled from Monday, February 3, 2014 due to winter weather. The meeting started at 7:02 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Larry Flansburg and Vice Chairman, Robert Melvin; Supervisors, Raymond Banach (attended meeting by speaker phone), Lester J. Buchanan and Jerry Dotey; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present was Zoning Officer, Michael Rendleman; Bill Schneider, Chad Steward, Luis Bocaletti, Ed Isaacson, Lisa Mickles, John Dalton, Joe Demalderis, William Koferl and approximately three members of the general public.

APPROVAL OF AGENDA: Three items were added to new business on the agenda which were as follows: Scheduling Paddler’s Point Workshop Meeting, Authorization of time for Secretary to organize files in the office, and PPL Rate Hike Letter.

Agenda approved on a motion by Supervisor Buchanan. Motion is seconded by Supervisor Dotey and carried with all in favor.

PUBLIC COMMENT: NONE

MINUTES:

December 3, 2013-Public Hearing- Minutes- Approved on a motion made by Supervisor Banach and seconded by Vice Chairman Melvin and carried with two in favor and three abstentions. Chairman Flansburg, Supervisor Buchanan and Supervisor Dotey abstained.

December 3, 2013-Regular Meeting-Minutes- Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach and carried two in favor and three abstentions. Chairman Flansburg, Supervisor Buchanan and Supervisor Dotey abstained.

December 18, 2013- Tabled

December 27, 2013 – Special Meeting-Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach carried with three in favor and two abstentions. Supervisor Buchanan and Supervisor Dotey abstained.

January 6, 2014-Organization Meeting-Approved on a motion made by Supervisor Buchanan and seconded by Supervisor Dotey and carried with all in favor.

January 6, 2014-Regular Meeting-Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach and carried with all in favor.

January 26, 2014-Special Meeting-Approved on a motion made by Supervisor Buchanan and seconded by Supervisor Dotey and carried with all in favor.

TREASURER’S REPORT: Scott Myer was not present. Vice Chairman Melvin gave the report. He said we closed on the $100,000.00 Tax Anticipation Note in January. The quarterly payment to EPRPD was paid in January. The real estate taxes do not start coming in until March therefore balances are low. This is the reason we needed the Tax Anticipation Note. Everything else appears to be in line at this point in time.

A motion was made by Supervisor Buchanan to accept the Treasurer’s Report. The motion was seconded by Supervisor Dotey and carried with all in favor.

POLICE REPORT: Chad Stewart gave the Police Report. The report was for the month of January. The monthly count of offenses known to police were 15 larceny theft, 1 motor vehicle theft, 1 fraud, 2 vandalism, 1 weapons offense, 4 drug abuse (3 possession and 1 sale), 1 DUI, 1 Drunkenness, 3 disorderly conduct and three all other offenses for a total of thirty two. The monthly count of persons charged for offenses are 16 larceny theft, 1 motor vehicle theft, 1 possession of stolen property, 2 drug abuse, 1 DUI and 2 all other offenses for a total of 23. The miles patrolled for the month were 5,697. Year to date miles patrolled were 5,697. Motor Vehicle Accidents for the month were 20 and year to date 20. Calls for service for the month were 173 and year to date were 173.

Supervisor Dotey moved to approve the Police Report. Motion was seconded by Supervisor Buchanan and carries with all in favor.

Chief Stewart brought up an issue at Belle Manor. He said there has been a couple of accidents and that the four way intersection does not have stop signs. He asked if the Township could look into this. There was additional discussion regarding resolving the issue. Supervisor Banach and Solicitor Bernathy agreed a traffic study would need to be done by an engineer. It would then need to advertise and make a township regulation. Bill Schneider said he thinks the problem is with the trees. There needs to be removal of trees and vegetation which are in the township right of way. Vice Chairman Melvin suggested once we get through the winter and the storms slow down that the highway department start the trimming and vegetation removal process. The Supervisors requested Chief Stewart provides a list of the intersections which need to be addressed. Solicitor Bernathy said it will be a lot less expensive than doing a traffic study with engineers involved.

Chief Stewart also brought up the issue of hydrants not being cleared of snow. He said he has seen many hydrants which are almost all covered in snow. Solicitor Bernathy said we need a list of property owners so that notice can be given to clear all hydrants. There was discussion regarding who is responsible for the snow removal. Mr. Koferl said it is the responsibility of the Matamoras Water Authority. Supervisor Buchanan said this was brought up years ago and they did nothing about it. Solicitor Bernathy said the Water Authority has not been responsive. Supervisor Banach said we are paying for these hydrants and we have been asked to be put on the board of the Matamoras Water Authority. He said we need to send a letter and they need to start shoveling the hydrants out as part of the responsibility of the maintenance of the hydrants. If they do not we need to start reducing the amount of money they are being paid.

Solicitor Bernathy asked if the Board would like him to send a notice. Vice Chairman Melvin said that is good but he is concerned about the immediate safety issue. Supervisor Banach said we should have the highway department shovel them out and add up the time and send the Matamoras Water Authority the bill. Solicitor Bernathy said that would be part of the notice. There was additional discussion. Mr. Koferl said there are approximately 37 hydrants in the township. He confirmed they are all buried. Mr. Isaacson said we should check the arrangement since in the borough it is the property owner’s responsibility. Solicitor Bernathy said this is not the borough code, it is the second class township code and there are maintenance agreements in place.

A motion was made by Supervisor Buchanan to authorize Solicitor Bernathy to send a notice to the Matamoras Water Authority. The motion was seconded by Supervisor Dotey and carried with all in favor.

Mr. Schneider said if the highway department will be shoveling out the hydrants there will be a liability issue in case they miss a hydrant and there is a fire. Solicitor Bernathy said that will be included in the notice. Our liability will be eliminated if we have to shovel out the hydrants. Supervisor Banach asked Solicitor Bernathy if he could draft the letter tomorrow and we can pick it up and have someone had deliver it to the Water Authority. Solicitor Bernathy said sure.

FIRE DEPARTMENT:

The Westfall Fire Department report was given by Luis Bocaletti. He stated there were 6 automatic fire alarms, 5 motor vehicle accidents, 1 stand-by transfer, 2 chimney fires, 1 tree wires down, 1 gas leak, 1 search/asst PD, and 3 structure fires. The total calls for January were 20 and total calls year to date are 20. Mr. Bocaletti said for EMS there were 42 calls for Westfall Township, 25 calls to cover Squad 33 and 5 calls to cover Squad 19. Total EMS calls for December were 72 and 72 calls year to date for EMS. He said one member completed 8 hours of ice rescue training. Four drills/in-house training sessions held for 122.5 hours.

Vice Chairman Melvin questioned if the fire alarms were false alarms. Mr. Bocaletti said they were. Vice Chairman Melvin showed concern regarding the equipment going out for no reason especially in the bad weather. There was discussion regarding the false alarms. Chairman Flansburg asked Mr. Bocaletti to write down where the false alarms are being called so that it could be monitored.

Chairman Flansburg brought up the letter which the Supervisors received from the Westfall Fire Department regarding the request for a meeting with the Supervisors. Mr. Bocaletti said they would like to meet to discuss the 84 project with PennDOT. He would like to have a meeting with the Supervisors, Matamoras, Police, Fire, Emergency Management and PennDOT regarding the impact of the project.

Supervisor Buchanan said the Route 6 and 209 project will be postponed as per the project manager. He said they do not have enough funds.

Chairman Flansburg said he would talk to PennDOT and schedule a meeting and make everyone aware of it.

A motion was made by Supervisor Buchanan to accept the Westfall Report. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

The Mill Rift Fire Department report was given by Ed Isaacson. He said on January 2, 2014 they had a work night and ran all of their engines. On January 8, 2014 they had a work night and checked all pumps and started the generator. They held their monthly meeting on January 15, 2014. They had training on thermal camera on January 16, 2014. They received a donation of thermal cameras which will be in service by the end of the month. A Special Meeting was held on January 22, 2014. On January 25, 2014 they had training for Attics and Basements at the Pike County Training Center. They had another Special Meeting on By Laws on January 29, 2014 and on January 30, 2014 they had a work night and ran all engines. Total man hours were 182 and total equipment hours were 5. The total man hours for the year are 182.

A motion was made by Vice Chairman Melvin to accept the Mill Rift Fire Department Report. The motion was seconded by Supervisor Dotey and carried with all in favor.

HIGHWAY DEPARTMENT: Bill Schneider gave the report for January. Mr. Schneider said most of their work this month was snow storms. He said there were eighteen different storms. He said there was quite a bit of overtime due to the storms. There has been a shortage of salt but we have had deliveries and have been able to keep up with it. Mr. Schneider said the equipment is all holding up but these storms really take a toll on the equipment. He is concerned if one truck goes down that we will not have enough equipment to handle the storm. Supervisor Buchanan asked if we have a contract with any outside companies. Mr. Schneider said we do not.

Vice Chairman Melvin asked if we take care of any of the PennDOT roads. Mr. Schneider said we are contracted to do two miles of PennDOT road which is Avenue C out to the firehouse. He said we plow the hills around the mountain so we do not get our equipment stuck.

Mr. Schneider said he provided a list of poles to Aileen Sullivan for the poles which need to be removed from the Township Right of Way. Chairman Flansburg said he has been speaking with her regarding the street light account. Mr. Schneider said the two street lights on the tunnel are the responsibility of the township. One of the lights on the list is in Matamoras. He said he feels there is no need to keep the lights lit other than the ones in the tunnel.

Supervisor Banach asked Solicitor Bernathy if we are responsible for providing the lighting at the tunnel or is the state responsible. Solicitor Bernathy said he will look into that.

Supervisor Buchanan moved to approve the Highway Report. Motion was seconded by Vice Chairman Melvin and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman reported that there were two building permits issued in January and one zoning permit. Total permit fees were $479.00 with $200.00 outstanding.

Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Dotey and carried with all in favor.

Vice Chairman Melvin asked if there was any comment regarding the shelving at the “old Skate land”. Mr. Rendleman said he went and spoke with the tenants. They are putting in shelving for wholesale sales. He said he advised the tenants to coordinate a meeting with the building inspector to discuss any permits required. Mr. Rendleman also made the commercial inspector, Paul Bunnell aware of the situation. He acknowledged receiving his message. Mr. Rendleman said the skating rink as it exists, is not sprinkled. Vice Chairman Melvin asked if they started building anything yet. Mr. Rendleman said the shelving they have installed is temporary.

Mr. Koferl said if they obtain a permit for change of use they must then obtain a building permit to address the fire code issues. Mr. Rendleman said he advised the applicant to contact the building department to find out if there is a need for a building permit. Sometimes there is a need and sometimes there is not.

Mr. Koferl said he thinks the Zoning Department should make the Building Department aware of a change of use to make sure the proper building permits and fire codes are addressed. Mr. Rendleman said he did make the Building Department aware of this situation. He said he will check with them again to see if the tenants or owners have been in contact.

Mr. Koferl said he thinks the Building Department should enforce the fire code of the Township.

CORRESPONDENCE: On desk for review.

OLD BUSINESS:

Township Newspaper Subscription: Vice Chairman Melvin said he received some complaints from some of his elderly neighbors in Milford Landing. They are not happy about the Township making the Pocono Record the official paper for the Township. He said he explained that one of the reasons was that we needed to advertise in a daily paper. Vice Chairman Melvin said he wanted to bring this up for discussion.

Chairman Flansburg said he received a few complaints also. Supervisor Banach asked if the complaints were that the people are looking for our legal posts or that they could not find the stories. He said he believes the stories will still be covered. Vice Chairman Melvin said they were concerned they would have to buy the paper every day to see if something was posted. They really do not want to buy a costly subscription to the daily paper. Supervisor Banach said another reason we chose the Pocono Record is that the whole paper is available on line. The Dispatch only provides certain sections on line. He said we also needed the daily paper in the case of the last Special Meeting we had. It allows the township to do business on a daily basis. Vice Chairman Melvin suggested we use both papers. Supervisor Banach said it is too confusing to have two newspapers since the people will not know which paper to look in.

Lisa Mickles said she attends many township meetings. She said Westfall Township only meets once per month and the township has the most business.

Supervisor Buchanan said he agrees with Supervisor Banach. Mr. Dotey said he thinks we should keep it the way it is and to keep the Pocono Record for the official Township newspaper. Chairman Flansburg said he agrees with Vice Chairman Melvin.

Miss Hulse said the subscription is between $200.00 and $250.00 per year. Solicitor Bernathy said we need to subscribe to the newspaper. Supervisor Banach said we receive the certified notice that the notice was placed so he feels we do not need to bear the extra expense of the subscription. Solicitor Bernathy said the township should have the subscription as a history of what is going on within the township. Supervisor Banach asked where all of the old Dispatch papers are filed in the office. Miss Hulse said the most current ones are on the shelf in the office but she has not seen any other than those. The Supervisors decided not to purchase the subscription to the Pocono Record.

Chairman Flansburg said he would like to introduce Mr. Joseph Demalderis who is our applicant for the Upper Delaware Council Vacancy. He said he would like to discuss this now so that Mr. Demalderis does not have to sit through the meeting.

A motion was made by Supervisor Banach to appoint Mr. Demalderis as Upper Delaware Council Representative. The motion was seconded by Supervisor Dotey and carried with all in favor.

Mr. Demalderis said the last meeting was mainly regarding an economic study that was done for the upper river. There was also some discussion on grant money to improve certain boat launches which were not located in Westfall Township. Supervisor Dotey asked who takes care of the boat launches here. Mr. Demalderis said the Pennsylvania Fish and Boat Commission. He said the Upper Delaware starts at the bridge two in Mill Rift.

Emergency Service Equipment Application-Verizon Wireless Cell Tower: Chairman Flansburg said he and Miss Hulse forwarded the information to Mr. Swartwood and we have not heard back from him as of yet.

Chairman Flansburg said we also received a call from a representative from Orange County Emergency Services asking about adding an antenna to the tower on Cummins Hill. Solicitor Bernathy said we need to make sure there is room first for the township’s needs. Mr. Isaacson said the Mill Rift Fire Department has applied for space on the proposed Verizon Tower in Mill Rift. He said he spoke with someone in Pittston regarding the application and they said they would let Mill Rift and Westfall have one common frequency. He said there would be two spaces, one for the Township and one for the County. Solicitor Bernathy asked if Mill Rift has filled out the application. Mr. Bocaletti said yes but they have not received a response as of yet. Solicitor Bernathy said they need to follow up with it. Supervisor Banach asked if we could reserve the space so they do not give it to someone else. Solicitor Bernathy said yes.

Mr. Koferl suggested the Township Highway Department apply for space on the tower. Chairman Flansburg said the funds for the equipment probably are not available. Mr. Koferl said they have the equipment in the truck and it would cost about $500.00 for the other equipment.

Solicitor Bernathy suggests we apply for space for the Highway Department.

MJS Engineering Bills: Solicitor Bernathy asked this matter be addressed in Executive Session.

Act 47-Resolution 2014-14: Solicitor Bernathy read the Resolution to remove the township from Act 47 Plan.

A motion was made to approve the Resolution by Supervisor Buchanan. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

PennDOT Drainage and Sidewalk Agreements-Resolutions 2014-12 and 2014-13: Miss Hulse said that these agreements were already signed by the Supervisors but that PennDOT sent the wrong agreements the first time and these are the revised agreements.

A motion was made by Supervisor Buchanan to approve the Resolutions 2014-12 and 2014-13. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

Thomas Smith Property-Enforcement Notice-Box Containers: Solicitor Bernathy said an enforcement notice has been forwarded to the owner regarding containers which were being used for a permitted activity. Mr. Rendleman said the containers have been there since June and there is not storage allowed overnight. The containers are not permitted. Solicitor Bernathy said the owners have not responded or complied as far as the enforcement notice is concerned.

A motion was made by Supervisor Buchanan to approve the institution of enforcement proceedings against Thomas Smith who failed to comply with the enforcement notice. The motion was seconded by Supervisor Dotey and carried with all in favor.

Letter from Westfall Emergency Management Agency-request for appointment of Robert Howard: A letter was received from Robert Ewbank to request the Supervisors to reconsider the appointment of Mr. Howard as Assistant Emergency Management Coordinator. Supervisor Banach questioned a conflict between Highway Department Employee and Emergency Management Assistant Coordinator. Ms. Hulse informed Supervisor Banach that PSATS had responded to her information request and that it is not a conflict. He said this may be a conflict with the Employee Manual. Mr. Schneider said his first priority will be the township. Chairman Flansburg said he thinks what Supervisor Banach is saying is that if we authorize him to leave work for a fire and pay him, do we authorize him to leave work for an emergency other than a fire and pay him. Supervisor Banach confirmed. He does not want for Mr. Howard to have to leave for an emergency and leave the Road Master hanging and the Road Master not having any recourse because it is in the Employee Manual.

A motion was made by Supervisor Dotey to appoint Robert Howard as Assistant Emergency Management Coordinator conditional upon no conflict of terms in the Employee Manual and if Employee Manual is silent it will be revised that the Road Master has the authority to release the appointee and that the Township has priority over the Emergency Management position. The motion was seconded by Supervisor Buchanan and carried with all in favor.

PSATS Conference: Chairman Flansburg said he may be able to attend and if so Supervisor Dotey will also attend. Solicitor Bernathy said he may be interested in attending.

A motion was made by Supervisor Banach to approve Chairman Flansburg and Supervisor Dotey attending the PSATS Convention in Hershey, PA. The motion was seconded by Supervisor Dotey and carried with all in favor.

NEW BUSINESS:

Letter of Interest from Joseph Demalderis-Upper Delaware Council Vacancy: This was discussed previously in the meeting.

Orange and Rockland Street Light Bill: This was discussed previously in the meeting.

Schedule Executive Session for Highway Department Application Review: An application was received from an applicant for part time Highway Department (on call) Employee. Mr. Schneider said we need one more person available for storm coverage/plowing. Solicitor Bernathy said we will need a driver’s license check and driving record check. Supervisor Banach suggested we start looking for people with a CDL License. Chairman Flansburg said the hiring of this employee will not cost the township any more since he will be replacing one of the drivers who needs to take a break from long hours of plowing and maintaining the roads during a storm. Mr. Schneider said we can only go out for so long during a twenty four hour period without needing relief.

A motion was made by Supervisor Banach to hire Glendon Miller as part time Highway employee subject to a valid driver’s license, history check and training. The motion was seconded by Supervisor Dotey and carried with all in favor.

Richard Conklin-Stop Work Order-Building Permit Fee returned for Insufficient Funds: Solicitor Bernathy said he needs authority to proceed with criminal complaint. He said there is a much better chance of restitution if we through the criminal proceedings that if we go through the civil proceeding.

A motion was made by Supervisor Buchanan to proceed with the criminal complaint against the contractor. The motion was seconded by Supervisor Dotey and carried with all in favor.

Email from ITS Engineer-regarding overhead street name signs on traffic signal supports:

A motion was made by Vice Chairman Melvin for Miss Hulse to send a letter to ITS Engineering to approve the signage on the traffic signal supports. The motion was seconded by Supervisor Buchanan and carried with all in favor.

Christian Fellowship-Request to install projector/black water issue:

A motion was made by Vice Chairman Melvin to have Miss Hulse send a letter to the Christian Fellowship to approve the installation of the projector hook and that we do not represent the water to be potable and it is in the process of being tested. The motion was seconded by Supervisor Dotey and carried with all in favor.

Fire Protection Contract: Solicitor Bernathy provided a draft of a Fire Protection Contract for the Supervisors to review and discuss at a Workshop meeting. He explained the Contract to the Supervisors and suggested to put it on the next Agenda.

Paddler’s Point: Solicitor Bernathy said that after speaking to the applicant’s attorney they have agreed to continue the court proceedings and not proceed with the appeal pending them coming back to the township and presenting a new plan on an informal basis. If there is an agreement made on their new plan and informal submission then they agree to withdraw the appeal that they filed against the township. Chairman Flansburg said he sat with Mr. Wertz on an informal basis and he suggested some changes they propose.

There was discussion regarding scheduling a workshop meeting. Solicitor Bernathy said to invite Mr. Wertz to the next regular meeting to present his informal proposal. The Supervisors agreed.

Authorization of Secretary to organize office: A motion was made by Supervisor Dotey to approve Miss Hulse to work and be paid for twenty four hours over her normal business hours to organize the office. The motion was seconded by Supervisor Buchanan and carried with all in favor.

Letter to Public Utility Commission regarding rate hike: There was discussion regarding the rate hike and who would be the township representative if need be. Supervisor Banach agreed to attend any meetings necessary.

A motion was made by Supervisor Dotey to send a letter to the Public Utility Commission regarding the Supervisor’s concern regarding the rate hike. The motion was seconded by Supervisor Buchanan and carried with four in favor and one abstention. Vice Chairman Melvin abstained.

SUBDIVISION REVIEW and ACTION: None

EXECUTIVE SESSION: An Executive Session for personnel and litigation was called at 8:49 pm and back in session at 9:07 pm.

ADJOURNMENT: Meeting was adjourned at 9:08 p.m. on a motion by Supervisor Buchanan. Motion seconded by Vice Chairman Melvin and carried with all in favor.

Respectfully Submitted,
Jodi Hulse
Secretary

Supervisor Special Meeting-December 18, 2013-Minutes

Westfall Township, Matamoras, PA
December 18, 2013

The Westfall Township Board of Supervisors held a Special Meeting on Wednesday, December 18, 2013 at 7:00 pm. The meeting was held at the Westfall Township Municipal Building on Delaware Drive and LaBarr Lane.

Those present were Chairman Robert Ewbank; Vice-Chairman, Paul Fischer; Supervisor, Robert Melvin; Solicitor Robert Bernathy; Treasurer, Scott Myer; Secretary, Jodi Hulse; Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; John Fuller, Ray Tonkin, Twila Decker and approximately fourteen members of the general public.

Supervisors Raymond Banach and Larry Flansburg were not present.

Approval of Agenda: Chairman Ewbank asked if there were any additions or deletions to the agenda. A motion was made by Supervisor Melvin to approve the agenda. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

Public Comment: Twila Decker addressed the board and stated that today she hand delivered a petition to the Westfall Township Board of Supervisors regarding the Burning Ordinance. She said she is aware the Public Hearing will not be on the agenda this evening. She said she would like to bring it up now. She said it has to do with the particular zoning in the triangle area. She stated the petition is seven pages of signatures which were obtained at random. She said it seems to be spot zoning and she believes it should be all of Westfall or none of Westfall. Chairman Ewbank said this will be taken into consideration when the public hearing for the burning ordinance takes place. He said the hearing was scheduled for tonight but it was not properly advertised so it will need to be rescheduled.

Vice Chairman Fischer said he would like to clear something up which was in the Dispatch last week regarding the proposed vacation of Pond Drive. Mr. Fischer said the article stated that he was in favor of the vacation of Pond Drive and he wants to record to reflect that he is not in favor of it. He wanted to vote since he thought it would get knocked down at the last hearing.

APPROVAL OF MINUTES:

A motion was made by Supervisor Melvin to approve the minutes of the October 21, 2013 Meeting. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Supervisor Melvin to approve the minutes of the November 7, 2013 Meeting. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Vice Chairman Fischer to approve the minutes of the November 18, 2013 Meeting. Motion was seconded by Supervisor Melvin and carried with all in favor.

OLD BUSINESS: NONE

NEW BUSINESS:

Reschedule Public Hearing for Burning Ordinance: Tabled until January 6, 2014 meeting.

Adoption of 2014 Budget:

A motion was made by Supervisor Melvin to approve Resolution 2013-6. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Supervisor Melvin to approve Resolution 2013-7. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

Tax Anticipation Note: Solicitor Bernathy said a hearing has been scheduled for an ordinance which has been advertised to approve a Tax Anticipation Note which will be proposed to be issued by The Dime Bank in the amount of $100,000.00 at an interest rate of 1.68%. He said the hearing will take place on December 27, 2013 at 6:00 at the Westfall Township Building. All are invited to attend for comment.

A motion was made by Vice Chairman Fischer to approve the Special Meeting on December 27, 2013 at 6:00 for the Tax Anticipation Note Ordinance. Motion was seconded by Supervisor Melvin and carried with all in favor.

Supervisor Melvin said to clarify; the Tax Anticipation Note is not an addition to the budget. It is to fill the gap until the tax revenue comes in March. It is not in addition to any spending.

GO 24 STORE:

Chairman Ewbank said we have a letter from the Planning Commission regarding the GO 24 Store. Solicitor Bernathy asked if the representative for the GO 24 Store would come forward and give a general over view of the proposal as far as the land development is concerned. Mr. John Fuller introduced himself as a licensed civil engineer representing the applicant. He said the current owners and proprietors of GO 24, through his engineering, have presented an amended land development plan/new land development plan to provide for the expansion of the existing store as well as some site features. He said the store will double in size from its current size in the form of an addition to the existing building. Mr. Fuller said they will be adding two additional pumps which will be designed for CNG (Compressed Natural Gas). He said the site will employ an area for the equipment that supports natural gas for the pumps. Some other additional features to the property which do not currently exist will be underground storm water contention and controls for the additional impervious surface. The site has none at present. The site currently has its own septic but the proposed plan brings sewer from the existing municipal line at the exit of Price Chopper bringing it through the right of way onto the property. Mr. Fuller said those are the major features. He said he has gone through an extensive review with the Planning Commission and the Township Engineer. He said he is open to questions or comments that the board or public may have in regards to this application.

Solicitor Bernathy stated that the Planning Commission of Westfall Township has recommended approval of this Land Development which is subject to a number of conditions which he will go through. He said the conditions are set forth in correspondence from Kiley Associates dated November 11, 2013 which is followed up with additional comments as set forth in correspondence dated December 17, 2013 from Kiley Associates. Solicitor Bernathy stated we have also received a letter from Pike County Community Planning dated December 17, 2013. He read the letter. He then recited some of the major conditions which are outstanding. A letter of adequacy from the Pike County Conservation District for Erosion and Sedimentation control in needed which is required to be provided before any earth disturbance on the site. We are still in need of approval of the Sanitary Sewer System design which is required. We are also still in need of confirmation from the Pennsylvania Department of Transportation that the connection from the underground infiltration basin and the piping within the Penn DOT right of way complies with their requirements. Solicitor Bernathy said we are also in need of a copy of the Highway Occupancy Permit from PennDOT once the permit has been issued. In addition, there was some concern raised regarding the compressor for the CNG fuel. He said there is specific concern as to the decibel levels which will be generated by the compressor. He said pursuant to the research conducted by Kiley Associates, that research indicates that the noise level for the compressor varies according to its size but on an average would be approximately between fifty and eighty decibels within ten feet of the compressor. The compressor should be enclosed in a steel housing which can reduce the noise level by ten to fifteen decibels in order for the compressor to be in compliance with the Township Ordinances. The area for the fuel compressor should be twelve feet from the east property line and fifteen feet from the south property line. He said according to the Official Zoning Map of Westfall Township the subject property and all of the abutting properties located in a C1 Zoning District according to Ordinance 505 the maximum sound level is 70 dba at any lot line not for residential use and not in a residential district given the potential for 80 dba at ten feet from the compressor. The compressor is recommended to be in a steel housing to reduce the noise level by approximately ten to fifteen decibels. He said the Supervisors may also wish to reserve the right to have the applicant provide a noise study after the facility is constructed to verify compliance with the aforementioned section of the Zoning Ordinance as well as requiring mitigation if the facility is not in compliance in addition to any Zoning issues which may be raised as indicated by the ordinance. Solicitor Bernathy said these are the major conditions and the other conditions are set forth in the two letters which he referenced earlier. He asked if there are any questions or comments regarding the subject plan.

Tina Hess asked if there have been any traffic studies done in that area. She said is it very congested in the area already. Solicitor Bernathy said no, it has not been required. Mrs. Hess said she realizes the area is not much of a residential area anymore but it is still a residential area to her. She said she does not want to hear any type of noise all night long. She said it is not fair what is being done to us with this township. They are allowing everyone to do what they want to do and they are forgetting about the residents in that neighborhood. Solicitor Bernathy said he can assure Mrs. Hess, on behalf of the Township, we are not allowing anybody to do whatever they want to do. He said we are going to make sure they are in compliance with the requirements of the ordinance. He confirmed this is one of the reasons he just went through the decibel requirements. He said this applicant will be held to the requirements as any other applicant would. There are standards that are applicable to these applications and we are going to make sure that they are adhered to. Solicitor Bernathy said we are not allowing anyone to do whatever they want. Mrs. Hess said the Township allowed the new entrance at the cigarette store across from her property. She said why that happened, she has no idea. She said it has been a sore subject with her after that happened. Solicitor Bernathy said he can appreciate that but that is not relevant to these proceedings. Mrs. Hess said she understands it is not relevant but she said Solicitor Bernathy brought up the Township doing everything right and she does not believe it. She said it is bad enough there is gasoline there. Do we really need more things put there. She asked if they are they trying to drive us out of the neighborhood. She said apparently they are. Solicitor Bernathy said he cannot speak for the applicants. He said he is here to make sure there is compliance with the Township Ordinances. Mrs. Hess said the applicant does not live there and she lives there. Solicitor Bernathy said we know and you have been very vocal at all of our meetings. Mrs. Hess said she will continue to be. Solicitor Bernathy said she is entitled and we like to hear from her.

Landa Coppertino addressed the board. She said when the tanker trucks pull into the site they go in Stella and turn right. This blocks the first two pumps and she has seen them ask the customers getting gas to move so they can pull their truck in. Meanwhile the back end of the tanker is blocking Stella Street so cars cannot go in or out. She asked if that would still be the same entrance. Mr. Fuller said this was discussed at the review of the Planning Commission. Mr. Hudak asked to demonstrate that the tanker could come in off of Route 6 & 209 and sit and fill up the existing underground tanks without sitting out on the roadway. He said, yes it is part of the application. Ms. Coppertino said the truck drivers can do that but will they do it is the question. She asked if the delivery truck drivers would be notified of the traffic pattern. Solicitor Bernathy said as far as compliance is concerned the applicant will be aware of the conditions of approval and if the Supervisor approve this tonight, which is up to them, as far as enforcement is concerned they will be placed on notice of the conditions and if the applicant is not being compliant the issue needs to be brought to the Township’s attention. The Zoning Officer will issue a notice accordingly for violation. Ms. Coppertino said thank you to Solicitor Bernathy. Mr. Hess asked if the road is blocked after 6:00 pm who can be called. Solicitor Bernathy said to take a picture or a video on a cell phone and call the township the very next day to inform the enforcement officer. There will be an enforcement notice issued. He asked that the person who took the pictures to testify in case a hearing needs to take place. Mrs. Hess asked why we should be doing the township’s job. Solicitor Bernathy said he is trying to answer the questions. He does not believe there is any municipality that has a zoning officer that works 24/7. He said just like enforcement of the law is concerned; if someone were to violate a criminal statute, at times prosecutors and police need the help of witnesses in the prosecution of a particular charge. Solicitor Bernathy said we cannot afford to pay someone to sit on a twenty four hour basis to look for violations.

Edward Isaacson asked if the Township could enforce time limitations on the use of the CNG pumps so residents do not have to hear the compressor. Solicitor Bernathy said as far as the noise is concerned the applicant needs to address it. He said we are doing everything we can so that this does not become a nuisance. Mr. Fuller said the noise will be equivalent to the noise of a vacuum cleaner which is about 50 to 70 decibels about ten feet from the compressor. He said we will put it in some type of container to help muffle the sound. They are also open to a post construction study. Mr. Fuller confirmed with Solicitor Bernathy he agrees to that as a condition. Mrs. Hess asked if the noise will be similar to the station compressor at the service station next door to her. She said she can hear that compressor when it is being used. Mr. Fuller said the pumps that are already there will remain. The site is not set up to accommodate large vehicles. He said the site is set up only to handle small passenger cars and standard pick up trucks. He explained the way the compressor works which is similar to an air compressor for power tools. He said the compressor would only run at night if someone is stopping to fill up overnight. He said the equipment will be fed from natural gas which is at the street which will be supplied by the local utility company. Mr. Fuller added there is no tanker trucks involved with the component of the site design. Mrs. Hess said she sits outside in the summer and she will be hearing the noise. She feels it is not fair that they cannot enjoy the outdoors. She said it is going to create a problem. Mr. Fuller said they will comply with the township ordinance for sound decibels. Mrs. Hess said it will take forever for any studies to be done. Mr. Fuller said it can be a condition for a Certificate of Occupancy for the post construction study to comply with the ordinance for noise. Mrs. Hess brought up the question of fire trucks being switched over to run on CNG. She said they are a much bigger vehicle than a passenger car and a pick up truck. Mr. Fuller said the site is designed for passenger vehicles only. Mrs. Hess said she has seen big trucks such as garbage trucks and electric company trucks going in and out of the site.

Ray Tonkin asked Mr. Fuller how he is defining “large”. Mr. Fuller said the site currently the site only has unleaded gas and no diesel. He said it will remain that way. He stated the Planning Commission did not put a condition of the approval as to the size of the vehicle. He believed passenger vehicles will be the ones who will come and use the facility. Mr. Tonkin said Mr. Fuller has not answered his question as to his definition of a large vehicle. He asked if he is using the actual size of the vehicle or weight rating. Mr. Fuller said he has not defined it in the plans. He said he is using the term large loosely to mean over the road eighteen wheelers and large dump trucks. He said there is no reference to the exact size of the vehicles in the plan but the site has always been designed for only unleaded gas and we are proposing to add a CNG component to that with the hope for the demand of passenger vehicles looking for CNG fill up.

Mr. Tonkin asked what the applicant’s position is on the expansion of the use and how it fits within the Westfall Township Zoning Ordinance. Solicitor Bernathy said that is one of the conditions and a zoning permit will need to be obtained from the Zoning Officer. No zoning permit has been issued at this time. He said any approvals will be granted upon zoning approval if required. Mr. Fuller said the use is compliant with the zoning. Mr. Tonkin said there are certain uses within the ordinance and asked Mr. Fuller what use he is defining this. Mr. Fuller said the retail component and the gas distribution are permitted used within the C-1 zone. Solicitor Bernathy said he does not want to get too far into the zoning issue since it is not within the Supervisor’s jurisdiction. He said as far as his limited comment, if it is a convenience store with gas pumps, it is a permitted use within a C-1 zone. If it is an auto service station then that is not a permitted use in a C-1 zone. That may raise a requirement which may require a Special Exception hearing by the Zoning Hearing Board. Mr. Tonkin said his concern is that Mr. Fuller seems to believe the zoning issues have been addressed as part of the Planning Commission review which is inaccurate. Solicitor Bernathy said he has made it crystal clear that this is out of our jurisdiction and there are obvious zoning issues which need to be addressed by our zoning officer and the Zoning Hearing Board. He said we do not have the authority to make zoning decisions. We do have the authority to make it one of the conditions of the site being developed. Mr. Tonkin asked Mr. Bernathy if the questions are being limited only to land development. Solicitor Bernathy said that is correct. Mr. Tonkin asked if the sound issue is a zoning issue. Mr. Bernathy said he would defer that to the engineer. He said he has asked the engineer to address that since the adjacent residents have raised that as an issue. He is doing that for their benefit even though they may not think so. Mr. Tonkin questioned again the issue of asking zoning questions. Solicitor Bernathy said he can ask whatever he would like but he wants to make it clear that the zoning issue remains outstanding. He also confirmed with the applicant that the zoning issue is still outstanding and it is a condition moving forward. Mr. Tonkin questioned the term mitigation regarding the sound issue. Mr. Fuller said the engineer did refer to the enclosed unit as mitigating the sound. Solicitor Bernathy said we have asked they do a subsequent study in case of the sound being over the decibel limits. Mr. Tonkin said he is concerned with the term mitigated. Solicitor Bernathy said he is making it clear that it needs to be compliant and not mitigated.

Mrs. Hess asked if they will be entering and exiting on Stella Street. Mr. Fuller said both entrances on Stella Street will remain. Both entrances will be in and out. Solicitor Bernathy said the Planning Commission requested the entrance/exits be widened. Mrs. Hess said there is an issue with lights, if you look back in your minutes. So this is another issue for her. Solicitor Bernathy said we have discussed this issue at the Planning level and we are very sensitive regarding the impact this has as a pre-existing use regarding the shining of headlights. Mrs. Hess said when you open something up there is more light brought in. Mr. Fuller said all of the fences that currently exist will remain to mitigate the light that Mrs. Hess is referring to. He said widening of the entrance is to mainly facilitate the inflow and outflow of traffic. Mr. Fuller said it will be widened by just several feet and should not affect the lighting. Mrs. Hess disagreed. Mr. Fuller said this is why the fencing will remain. Mrs. Hess said they will not be remaining the same if it will be changing. Mr. Fuller said the entrances will be about five feet wider to allow for progression of traffic. They will be losing one entrance and the other will be a right turn only due to the PennDOT requirement. PennDot has agreed due to the history of the property to allow one right turn only off of the main highway otherwise both entrances would be off of the township road. Solicitor Bernathy asked Mr. Fuller to explain the difference on the plan to show where the vehicles will be coming out as to where they come out now. Mr. Fuller said the entrance will remain in the same spot but will just be a bit wider to improve the turning radius for vehicles going in and out. Mrs. Hess said she understands this but it is not staying the same if it is being made bigger. Mr. Sigretto explains the issue to Mrs. Hess. Mrs. Hess said the space is being made bigger so there will be more lights shining on her house. Solicitor Bernathy said we understand. Mrs. Hess said she does not think he understands.

Mr. Tonkin asked if there has been any research done regarding the previous plan being expanded and any conditions for that expansion which may affect this proposal. Solicitor Bernathy said he is not aware of any conditions but if Mr. Tonkin is aware of any to please bring them to the Supervisors attention. Mr. Tonkin asked if there has been any research to see if there were any conditions. Solicitor Bernathy said not to his knowledge. Mr. Tonkin asked that it be a condition of this approval. Solicitor Bernathy said absolutely as long as that is not in conflict with this application.

Peter Sigretto asked if they will be tapping into the natural gas line which is already there. He confirmed with Mr. Fuller there will be no deliveries due to this. He said there will not be any trucks sticking out in the middle of the road so there will not be any more congestion which is already created. He said Mr. Tonkin raised the issue of the size of the vehicles. Mr. Sigretto said he is on the Matamoras Borough Council and if this goes through they are looking into purchasing a natural gas garbage truck since the diesel fuel is much more expensive than CNG. He said it is about 1/3 of the cost and there are grants available now. Solicitor Bernathy asked the size, weight and height of the truck. Mr. Sigretto said he does not know. Mr. Fuller said the truck would fit on the site and under the canopy. Mr. Sigretto said this will be helpful to Matamoras and Milford Borough. He said he has been to a couple of seminars with Matt Osterberg. He said there is enough natural gas in Marcellus Shale to supply the world with about five hundred years with natural gas. This country is the only one still using gas and diesel. The price of natural gas at Coburn Oil in Susquehanna County is ninety nine cents per gallon. He said their whole fleet runs on natural gas. Solicitor Bernathy asked Mr. Fuller if a standard sized garbage truck could get in and out of the site. Mr. Fuller said that a standard size garbage truck will be able to drive in and out of the site. Mr. Bernathy asked Mr. Sigretto what the alternative will be if the garbage truck cannot maneuver on the site. Mr. Sigretto said what we do depends on what you do. Solicitor Bernathy asked Mr. Fuller if there is any way we could accommodate this. Mr. Fuller said it could be set up to where the garbage trucks would be able to go to a specific pump. Solicitor Bernathy asked Mr. Fuller if we could agree to some type of schedule for the truck. Mr. Fuller said absolutely. Solicitor Bernathy said to Mr. Sigretto that there will be a schedule or a time that the attendants would put out cones to block the pump so that the garbage truck can be accommodated. Solicitor Bernathy asked if Mr. Losee would like to add any comment. Mr. Losee said he would like to echo Mr. Sigretto’s thoughts. He said the county would like to change their entire fleet to natural gas. Mr. Sigretto said the state of Pennsylvania is giving away free money right now for this changeover. Bruce Selneck said it is not free. We are all taxed for it and it is not free. Mr. Sigretto said it is coming out of his tax dollars too.

Chairman Ewbank asked how much space is on the plan between the store and the pumps. Mr. Fuller said there is about twenty five feet. He confirmed there would be enough room to get a garbage truck in and out. Mr. Fuller added that they have eliminated much of the parking on the site to allow for better traffic flow in front of the store.

Mrs. Hess said there is talk about Matamoras and Milford using the site. She asked if anyone realized the amount of traffic this will create on Stella Street going in and out. She said it is going to be horrendous and there has not been a traffic study. Solicitor Bernathy said a traffic study was not required. He said the volumes of the driveways will be regulated by PennDOT which is a condition of approval. Mr. Tonkin asked if the volumes of traffic on Stella Street will be regulated. Solicitor Bernathy said only on the State Highway. Mrs. Hess asked who would do the study on Stella Street. Solicitor Bernathy said he does not know if we can regulate that. Mrs. Hess said she is concerned only about what is going up and down Stella Street and not so much what is going up and down Route 6 & 209. Solicitor Bernathy said he just does not know if this will take off. Mrs. Hess asked Solicitor Bernathy to confirm there will be no traffic study required. He said there is no traffic study required by the ordinance. He said the reason you are asking to have this done is based on speculation that this site will generate volume as it relates to the alternative fuel source and he does not know that is the case.

Chairman Ewbank said he thinks we need to take into consideration the statements of Mr. Sigretto. He feels that if this takes off all of the cigarette stores will be selling CNG as well. He said they will not only be going to this facility. They will be going all up and down the road.

Mr. Selneck brought up the point that if one hundred cars are pulling in per week to get CNG then that means there will be one hundred cars that are not filling up with unleaded. He said except for the initial rush, it will not be that much difference in volume. He feels the volume will even out eventually.

Nancy Buchanan addressed the Board. She said if they are concerned about the environment, odors and emissions, that CNG is very clean. Mr. Sigretto commented. He referred to three major cities converting all of their buses to natural gas. He said this will cut down on smog by 85%. Natural gas burns very clean. He feels it is the wave of the future.

A motion was made by Vice Chairman Fischer to approve the Land Development application with all of the conditions that have been enumerated and also the conditions that have been specifically in the correspondences which have been incorporated by Solicitor Bernathy and stated for the record. The motion was seconded by Chairman Ewbank and carried two in favor and one abstention. Supervisor Melvin abstained due to the fact he is employed by Pike County Light and Power who sells CNG in the Borough of Matamoras and Westfall Township.

SUBDIVISION AND REVIEW: Chairman Ewbank we have nothing to discuss.

Supervisor Melvin stated this is Chairman Ewbank and Vice Chairman Fischer’s last meeting and we have cake and coffee and all are invited to stay.

ADJOURNMENT: The meeting adjourned at 8:10 pm on a motion made by Supervisor Melvin. The motion was seconded by Vice Chairman Fischer and carried with all in favor.

Respectfully submitted,
Jodi Hulse
Secretary

Planning Workshop Meeting-Thursday, March 13, 2014-Cancelled

The Planning Workshop Meeting which is scheduled for Thursday, March 13, 2014, has been cancelled due to lack of agenda.

Thank you,
Jodi Hulse
Secretary

Westfall Township Board of Supervisors-Special Meeting-March 5, 2014

Please take notice that the Westfall Board of Supervisors will hold a Special Meeting on Wednesday, March 5, 2014 at 7:00 pm to meet with Warwick Properties, Inc. to informally discuss the previously approved Land Development Plan for Senior Housing located on Hulst Drive and potential changes to said plan including, but not limited to, subdivision.

Thank you,
Jodi Hulse
Secretary

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