Westfall Township, Matamoras, PA

March 5, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, March 5, 2013 at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg, Robert Melvin; Solicitor, Robert Bernathy, and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Chad Stewart, Tom Lamb, Luis Bocaletti, Rob Llewellyn, Beth Brelje, Lisa Mickles, and approximately 12 members of the general public.

AGENDA: The agenda was amended to add an executive session as well as adding a possible letter to the Matamoras Borough Council and a letter to El Paso Pipeline Company regarding using our roads to turn trucks around. Supervisor Flansburg moved to approve the agenda. Motion is seconded by Supervisor Melvin and carries with all in favor.

PUBLIC COMMENT: None

MINUTES: Minutes of the February 5, 2013 regular meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Melvin and carries with all in favor.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report stating that January-February has been a slow month as far as income. Income today is $44,000. We have received our first real estate tax distribution. Expenses for the month were $167,000.  We have $118,000 in the bank so we will make it through the low point. Vice-chairman Fischer moved to approve report. Motion seconded by Supervisor Flansburg and carries with all in favor.

POLICE REPORT: Police Chief, Chad Stewart gave the report for February. There have been 151 calls for service and 5,537 miles patrolled for the month. Supervisor Flansburg questioned if the sex offense charge was something that was pending. Chief Stewart said it was listed as offenses known to police previously and was charged this month. Supervisor Banach moved to approve the police report. Motion seconded by Vice-chairman Fischer and carries with all in favor.

FIRE DEPARTMENT: Tom Lamb gave the Mill Rift Fire Department report for February stating that on 2/3 they put the new truck in service and transferred equipment, on 2/6 they had truck maintenance on Engine 2, on 2/7 they had the drill with Matamoras, on 2/11 there was a structure fire in Westfall, on 2/12 they had their monthly meeting, on 2/ 13 they have hazmat training for eight members, on 2/20 they had Engine 2 training, on 2/22 driver training on Engine 2, on 2/24 standby in Westfall, and on 2/27 a pump drill on Engine 2; for a total of 198 man-hours and 14 1/2 equipment hours for the month. Supervisor Flansburg asked about the truck going to Huguenot.  Mr. Lamb said they let them take the truck and Huguenot has insured it and submitted a letter to the Department stating the Mill Rift Fire Department is not liable in any way. They will get the Truck back sometime in May.

Rob Llewellyn gave the Westfall Township Fire Department Report for February reporting 6 Motor Vehicle Accidents, 4 Commercial Alarms, 1 Residential Flooding, 3 Structure Fire, and 1 Mutual Aid Structure Fires, 1 Smoke investigation, 1 Mutual aid traffic control,  and 1 Mutual aid car fire. Total calls YTD 38, total man hours 204.83. Supervisor Flansburg moved to approve the report. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for February stating that they continue with equipment maintenance. They worked on road shoulders, repaired drainage problems for heavy rains, trimmed trees and brushes out of right of way for sight improvement on Blue Stone Blvd and Cummins Hill Road.  Mr. Schneider attended the Road Task Force meeting. The crew replaced stop signs on Rose Lane and Reuben Bell Drive. Repaired sander at Bonhams, ordered 113 ton of anti-skid and had 100 ton of salt delivered, checked roads for black ice. Cleared pipes and ditches for possible heavy rains. Mr. Schneider met with Tim Balch on January 18, 2013 regarding the right of way sight distance to be cleared on Cummins Hill Road and the issue of road repair along the streams. Spoke to Pioneer regarding the foot of Heaters Hill about bank stabilization. Set up an appointment with the Conservation District about road projects in and along streams. Will coordinate with Tim Balch representative of DCNR. There were 6 snow storms that required maintenance and 1 ice storm. Mr. Schneider stated he was in contact with Aileen Sullivan from Orange & Rockland regarding the poles in right of ways and they are not a high priority at this point. He will be speaking with her again when she returns from vacation. Mr. Schneider also took a road tour with Supervisor Flansburg. Supervisor Banach moved to accept the report. Motion is seconded by Supervisor Flansburg and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman stated he did not have a report for February however there was limited activity. Supervisor Banach said there was one zoning permit issued with fees of $200.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Reappointment of Doug Jacobs: Supervisor Banach moved to reappoint Doug Jacobs as Solicitor to the Zoning Hearing Board. Supervisor Banach stated that at the re-organization meeting Mr. Jacobs was appointed temporarily because he had previously represented individual clients before the Zoning Hearing Board and it was felt that Mr. Jacobs should only represent Westfall Township. He agreed to do that in the future and therefore he is being reappointed. Motion is seconded by Supervisor Flansburg and carries with all in favor.

NEW BUSINESS:

Jack Wertz – Paddlers Point: Jack Wertz, Developer of Paddlers Point introduced himself to the board. Solicitor Bernathy confirmed that Mr. Wertz is here in an informal manner without filing a formal application to the township or paying any fees, and that Mr. Wertz is here to test the waters. He is not to rely on anything that is said here this evening nor will the Township be bound by it. Mr. Wertz said approximately 5 years ago he received approval to build a 44 unit townhome development behind Kmart, however with the turn in the market the project as approved is not viable. Mr. Wertz is here tonight to pitch an idea that he feels would benefit both him and the Township and that would be to create garden apartments on the site. His broker seems to feel this type of project would work, and his engineer feels that the burden to the school district would be reduced as compared to the approval he has now. Mr. Wertz said this is very preliminary, he does not have all the details yet but he would like to have his Attorney get in touch the Township Solicitor and have his engineer send a more detailed plan to the zoning officer to see if anything can be resolved. Supervisor Banach questioned if Mr. Wertz had the opportunity to speak to Mr. Rendleman. He did and there were things that Mr. Rendleman pointed out. Supervisor Banach questioned what type of problems they ran up against. Mr. Rendleman said there were several issues with the zoning ordinance. Mr. Wertz is looking to put in several multi-story apartment buildings however the limitation in the ordinance is for eight units in each building and they are proposing nine buildings to hold 135 units. He also does not have enough acreage to provide 30% of the area as open space, and unless it’s a senior apartment he needs a 100 x 200′ grassy area as a play area within that 30%. Mr. Rendleman is not sure that can be satisfied. He does not believe the height restriction is a requirement; however the parking does not meet the ordinance. The ordinance also requires 15,000 ft.² of land area for each unit which would be approximately 48 acres and there is only 10.5 acres available. Supervisor Banach said then it would be an extreme high density use for what we have. Mr. Wertz said that is correct.

Mrs. Green said Mike Gable, Mr. Wertz’ Engineer was in today and suggested a friendly curative amendment however she does not have the details. Supervisor Flansburg questioned what the difference was that they’re going to get the senior apartments on that property. Mr. Rendleman said there is no difference they received a conditional use for that project. Chairman Ewbank said Mr. Wertz would like to put up the same number of buildings just a different use. Supervisor Banach asked for an impact study on the school district commenting that with 135 apartment units as opposed to 44 townhomes the impact could be significant. Mr. Wertz said his engineer did preliminary details and felt that the impact on the school district would be less.

Solicitor Bernathy they said this is not a conditional use approval process, this is a change to our ordinance. Further commenting that a curative amendment is adversarial and we don’t want to be adversarial. They’re going to need to change our ordinance by amendment, rather than saying the ordinance is unconstitutional. Solicitor Bernathy questioned who Mr. Wertz’ Attorney is. It is Jason Ohliger. Solicitor Bernathy said he knows Mr. Ohliger and can reach out to him.

Supervisor Flansburg asked if it has to be 135 units or if it’s possible if he can reduce the number. Mr. Wertz said in order to make this a viable project he would need 135 units. Mr. Wertz explained the plan to the Board and Solicitor. Discussion followed regarding ingress and egress, school district impact, fire department satisfaction, and sewage availability. Discussion was held on the acreage. Mr. Wertz said he owns the whole parcel and he is in contract with Mr. Mandelbaum to sell five acres. Solicitor Bernathy felt that Mr. Mandelbaum had Stormwater detention and a picnic pavilion that could possibly be on part of the property that Mr. Wertz is speaking of.  There were no further questions or comments for Mr. Wertz. He will have his Attorney reach out to Solicitor Bernathy.

Mill Rift Fire Department Audit: Supervisor Banach said this was tabled from last month’s meeting and he believes this is a time to request an audit of the Mill Rift Fire Department for the past five years. Solicitor Bernathy questioned at whose expense stating that this would be very expensive and if they are requesting a forensic audit that would be even more expensive. Supervisor Banach said it should be at the expense of the fire Department. Scott Myer confirmed that the cost would be approximately $3-$4000 per year and a forensic audit could double that. Mr. Myer also stated five years is a long time to do an audit on. Supervisor Melvin questioned if the District Attorney’s office performed an audit. Solicitor Bernathy said he does not want to comment on what the District Attorney may or may not have done. Commenting that he is just concerned with the expense. Supervisor Flansburg questioned if this is the right time or if we should wait for the District Attorney. Solicitor Bernathy said this is prudent but he goes back to who is paying for it. Supervisor Banach said if the township pays for it then it would come out of the portion of contribution that we give them. Mr. Myer said nonprofits do not have to be audited. Tom Lamb said they are audited annually and he can give the supervisors the information. Supervisor Banach questioned who is doing the audit. Mr. Lamb could not remember his name. Supervisor Flansburg requested copies of the past few years as well as a copy of the current year once they get the records back from the DA. Supervisor Melvin said he agrees that something needs to be done. Mr. Lamb questioned if this is for all fire departments or just Mill Rift. Supervisor Flansburg said it is just Mill Rift due to the recent problem that they had and questioned whether or not Westfall Fire Department is audited. They are not; they do however have financial statements prepared.

Letter from Pike County Commissioners regarding Pike County’s 200^th Anniversary: Chairman Ewbank read the letter that was received from the Pike County Commissioners regarding their 200^th Anniversary to be held in 2014. The supervisors suggested forwarding this letter to the Matamoras Westfall Historical Society to see if they could prepare something for both municipalities. Mrs. Green will send them a letter making that request.

PEMA-DAP-2 (Designation of Agent Resolution): Chairman Ewbank said this is a form from PEMA designating an agent to act on behalf of Westfall Township for Hurricane Sandy relief. Supervisor Banach moved to approve Resolution 2013–1. Motion is seconded by Supervisor Melvin and carries with all in favor. Chairman Ewbank relayed to the board that all of our information as in and done and we will be receiving approximately $12,000 from the state for relief.

Memo from Chris Wood regarding DEP Regulations: Chairman Ewbank said we have a memo from Chris Wood dated February 12, 2013 regarding some of the requirements of new DEP regulations. Supervisor Banach said that he attended a meeting at the Conservation District on February 28, 2013 and Chris did a wonderful job explaining the new regulations further stating that this is really going to limit people that are trying to build on existing lots. Supervisor Banach further stated that DEP did this by executive order rather than going through the proper channels and that he feels that Mr. Wood should get together with the Mrs. Green to write a letter to DEP signed by the supervisors.

Mashipacong Island: Supervisor Banach said he would like the board to give authorization to Solicitor Bernathy to review the 1992 Agreement to see if there’s any way we can get out of it. Discussion followed. Solicitor Bernathy will review the agreement.

Letter to Matamoras Borough Council & Police Commission: Renegotiation of agreement & Notification of 2014 Budget allocation: Supervisor Banach said at the last meeting a gentleman spoke about the Regionalization Agreement being only good for three years, and he believes it’s time to get the ball rolling on how much money is going to be allocated for 2014 and possibly renegotiate the split to 50-50. Further stating we need to get together with them right now rather than wait until August. Supervisor Banach feels that we should have a meeting with Matamoras and the Police Commission. Supervisor Melvin questioned if we knew right now how much we could afford and 2014. Solicitor Bernathy commented that he thought that was the purpose of getting together in August in order to get a jump on the budget. Supervisor Banach said he feels the time is now to get together and not wait until August further commenting that every time he reads the paper it seems that Matamoras is short $6,000. Further commenting that the roads need to be maintained and we have cut the road department and the office and we seem to be cutting everywhere to fund one department of the township. Chairman Ewbank said following the last meeting Mayor Clark suggested we meet quarterly. Further discussion was held. Supervisor Flansburg asked Solicitor Bernathy if he was in agreement that the 2008 regionalization agreement was only good for three years. Solicitor Bernathy said he would need to look into that. The supervisors decided to send a letter to Matamoras Borough suggesting either April 18^th or the 25^th at 7:00 PM. Mr. Myer said part of the financial problem was due to the Dombrosky settlement so in 2014 will be losing $130,000 in expense.

Heaters Hill: Bill Schneider said he discussed the repair of Heaters Hill Road with a few contractors and he believes it could be done for under $5000 and should be done right away. The Conservation District has been down there but Mr. Schneider is not sure what permitting will be required. Supervisor Banach said he believes we should authorize Mr. Schneider to go ahead and get this fixed as long as the amount does not exceed $5000. This will shore up the wall. Supervisor Flansburg asked Mr. Schneider about the lower spot on Heaters Hill as to whether both projects can be done at the same time. Mr. Schneider said the lower spot is stable but he would get costs on both. Discussion was held on what is needed for each project. Supervisor Melvin moved to authorize $5000 to be spent to fix the problem on Heaters Hill Road and Sign Ware Court. Motion is seconded by Supervisor Flansburg and carried with all in favor.

Public Gatherings – Discussion on Possible Ordinance: Supervisor Banach said this came up because of the people protesting the pipeline. Supervisor Banach stated that we live in America and people have every right to protest and voice their opinion, however we don’t want people parked in the road and standing in the road and he has witnessed people standing in the road and jumping in front of people’s cars with signs; questioning if there’s something the Township can do to save the township from liability. Supervisor Melvin questioned if this was a state road. It is. Chief Stewart said under the vehicle code they are allowed to stand in the road. Further stating that it is dangerous and it’s an awful road to be protesting on but they have every right under the vehicle code. Solicitor Bernathy said you have to be careful regarding the Constitution and peaceable assembly. Also stating that he notices there’s a sample ordinance in the board’s folders, however it notes “…please keep in mind that PSATS cannot guarantee that a model ordinance, job description, or personnel regulation has or will withstand a court challenge.” Solicitor Bernathy said he will look at the ordinance but we have to be careful about the constitutional implications. Supervisor Banach said they’re jumping in front of cars and it is not safe. Debra Banach said just this morning there was a woman standing in the road and you had to drive and opposite lane. Solicitor Bernathy said that she is a witness to the woman violating the law. Mrs. Banach questioned if they should be required to have traffic control. Discussion was held. Supervisor Melvin suggested a permit even if they don’t pay a fee they would be required to follows certain conditions.

Beth Brelje questioned if they step off the road onto the forested area are they then trespassing. Chief Stewart said they would be in the right of way. Supervisor Banach said he just doesn’t want to see the township getting sued for an accident. Chief Stewart said if there is an accident and they are involved they would be charged.  Solicitor Bernathy will review the ordinance.

Letter to Matamoras regarding Leaf Pickup: Supervisor Banach said he and Chairman Ewbank were talking and the time will be coming that people will start burning again. Matamoras Borough had given us a proposal before and what the township will propose is that our truck can pull their leaf machine for equal delegation of rights. If any fees are due to Matamoras Borough the township would like to offer in-kind contributions instead. Chairman Ewbank will reach out to the Borough Council.

Possible Letter to Pipeline Company regarding Road Maintenance Agreement: Supervisor Banach said the person that came before us for this has since passed away so we will need to either send a letter or send Mr. Schneider to the pipeline company to get a bond in place or maintenance agreement prior to the trucks damaging our roads. Mr. Schneider will meet with them personally.

SUBDIVISION REVIEW AND ACTION:

EXECUTIVE SESSION: Called at 8:06 for Kittatinny and Indian Head Canoe Litigation as well as Open Records Request by the Pocono Record.

Back in session at 8:26 p.m.

ADJOURNMENT: Meeting was adjourned at 8:26 p.m. on a motion by Supervisor Banach. Motion seconded by Supervisor Melvin and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary

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What the Westfall Township, Matamoras, PA

February 5, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, February 5, 2013 at 7:00 pm. The meeting was held at the TownshipBuilding on Delaware Drive and LaBarr Lane, WestfallTownship.

Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg, Robert Melvin; and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Chad Stewart, Robert Mills, Tom Lamb, Luis Bocaletti, Rob Llewellyn, Beth Brelje, Lisa Mickles, John Dalton, Bill Jamros, Tom Pampelone, Brian Shaub, Louis Troiano, Darren Schwartz and 8 members of the general public. Solicitor, Robert Bernathy was not present.

An executive session was held on Monday, February 4, 2012 at 7:00 PM for the purpose of potential litigation.

AGENDA: The agenda was amended to add the Eastern Pike Regional Police Department letter under New Business as well as the EMA Office. Supervisor Flansburg moved to approve the agenda. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Chairman Ewbank announced that they will be tabling the Transaction Tax discussion tonight and apologized for any inconvenience this may cause anyone from either the cigarette or fireworks stores stating that our Solicitor could not be present tonight.

PUBLIC COMMENT: John Dalton addressed the board making the following statements: In regard to the Dombrosky settlement: I understand that the amount of $175,000 is to be paid in the 2014 budget as well as in the 2013 budget.  Am I correct? Mr. Dalton was told that was not correct, the $175,000 was paid in 2012 and will be paid in 2013 and that there will be annual installments for 7-9 years but they are lesser payments. Mr. Dalton continued by stating “I am not happy about any potential dissolution of the Eastern Pike Regional Police Department (EPRPD) on account of their budget situation.  I do understand the intent and purpose of the supervisors’ letter to Matamoras giving them a heads-up with regard to the budget situation.  I do not wish to be face-to-face with a Pennsylvania state trooper who may not know me and my neighbors.  Chances are they will not know that I am deaf while our own EPRPD and fire department do!  I should also mention that my wife whom many have never met is deaf as well. All of us must be aware of the types of crimes that are occurring in nearby towns: Port Jervis, Middletown, Newburgh, and Kingston, NY; East Stroudsburg, Stroudsburg, Scranton, and Wilkes-Barre, Pa; and who knows where else.  Port Jervis is moving in the direction to have a commercial Whitewater Park.  Port Jervis just recently was given a $49,000 grant for its Whitewater Park by the state of New York, some time period after it received a $50,000 grant from the Orange County government.  This Whitewater Park is certain to attract large numbers of economic participants and followers to our region.  Generally speaking, along with the fire departments, the police are often among the very first responders in many types of emergency situations.  The fire department personnel and the police chief or those in law enforcement can detail the various situations in which the police were first-responders.  I wish to encourage you supervisors (and others) to please keep an open mind.  The same goes for us Westfall taxpayers as well.  I am speaking for some with regard to the EPRPD.” Chairman Ewbank told Mr. Dalton that the supervisors would be addressing the situation with the Eastern Pike Regional Police Department this evening. Mr. Dalton continued by stating “On the front page of The Times Herald Record, Sunday December 9, 2012, was an article: “Port is heroin hotspot”.  This article covered the topic on drugs on the inside pages 4 & 5.  It is not a pretty picture when drugs become the source of income for nearby drug sellers locally. The picture shown on that front page is of the tunnel under Interstate 84.  A few months ago, I commented in jest, to Police Chief Chad Stewart about seeking a PENN-D.O.T. grant.  Well, this is now a more serious proposal.  The purpose of the grant is this:  develop and install a computer-controlled sprinkler system and use it whenever potential drug transactions occur.  Across from this tunnel on Reuben Bell Drive at the intersection of Rose Lane, is a fire hydrant indicating continuous water supply in that area.  By tapping this water supply line under Reuben Bell Drive, a tunnel sprinkler system could be installed and be monitored by any authorized individuals within the Matamoras Borough hall building via the use of computer monitor or the like.  However, there are possible liability issues along with insurance which could prevent any consideration for such a set up or arrangement and without any warning signs as well.

During the January 7^th, 2013 meeting, one supervisor expressed a desire to have the split of 53% & 47% be more of a 50-50 split for Westfall township share of EPRPD costs.  In the first place, any such division of police costs should have been and are apparently based upon the results of supporting mathematical or statistical proportions.  I do not believe that a 50-50 split is achievable given the number of homes and the corresponding number of bathrooms, bedrooms, and garages; businesses of varying sizes; large and small ranches; vacant lots; the total of township and borough road mileage; and what-not can be ignored. You squirmed and struggled with this issue.  Even Mr. Bernathy encouraged you to consider taking action on implementing an earned income tax.  I suspect that at least one of you is opposed, but I ask that you step back and see how it would benefit the township and its residents regardless of whether they are owners or renters.  We need an open workshop devoted to just this one subject:  earned income tax.  I will make every effort to be there and discuss my view points. When I made my presentation on the Earned Income Tax in January 2010, I was at that time being extremely careful while addressing this topic to the then sitting supervisors, of whom three of you are here.  Not long afterwards did I become aware that Westfall was collecting local services tax aka LST.  Upon learning of this, I sought some answers yet knowing some Westfall resident owners would be reluctant to answer any of my direct questions until I “hit upon” one party.  The wife was unsure if LST was deducted from her paycheck, but her husband knew the answer immediately.  You see, they own their home; they live in it; and they both work for different employer’s right here in Westfall.  I then asked if there were any adjustments or credits for LST deducted from their paychecks or through adjustments in their property tax.  Their reply was negative.  In my opinion, this by itself amounts to double taxation.  Think about it.  While LST does not have a hit-’em in the pocket impact, it does provide some income to the township.  I believe LST ought to be replaced by the earned income tax for all of those employed in Westfall along with a corresponding offset in property tax for Westfall residents who work in Westfall.

I note that Matamoras minimizes street plowing especially during some of the more recent very light snow falls.  This is understandable.  We in Westfall ought to revisit how we can save monies by doing the same but limiting the spreading activities to the more difficult sections of the many roadways within the township.  An example is the stretch of Pond Drive from to slightly past the middle of the ponds before the upgrade begins.  Discretion ought to be given to various sections of Westfall township roads to conserve the remaining amounts of road treatments thus better management of our road expenditures for now. Thank you!  The board thanked Mr. Dalton for his comments and stated that they would take them under advisement.

Brian Shaub owner of Keystone Fireworks addressed the board stating that he spoke to Solicitor Bernathy yesterday regarding the transaction tax. Mr. Shaub said he would welcome the opportunity to get together with the Supervisors and the representatives of Phantom Fireworks and discuss options other than the transaction tax or ways the Township can benefit financially. Supervisor Flansburg said they certainly do not want to put Mr. Shaub off and would be willing to talk with him.

Thomas Pampelone asked the Supervisors if they will have public comment after they discuss the Eastern Pike Regional Police Department. The Supervisors told Mr. Pampelone that he could speak now. Mr. Pampelone said he spoke to a representative of the State Police and questioned if the board did the same. Vice-chairman Fischer said he spoke to the Commander and was told it would be business as usual meaning that the coverage would be the same. Mr. Pampelone said he was told by the liaison from Harrisburg that the State Police are trying to pass a cost of $55 per head for full coverage which would be just over $140,000 for Westfall Township.  Further stating he had the budget from 2010 showing the police budget at $340,000 with actual figures of $360,000 which is $20,000 over budget. Mr. Pampelone said they are already in the red and we know from the past that they go over budget. Adding that the code enforcement line item is also over budget by $30,000 questioning how that could be. Mr. Pampelone used himself as an example saying if he priced a job for a certain amount of money and went over budget continuously he would be out of business. Supervisor Melvin said in that situation for code enforcement there’s increased revenue that comes in to offset the increased expenditures. Mr. Myer said that Eastern Pike Regional Police Department in 2010 showed an overage because there was back payroll due to Mr. Dombrosky. Discussion followed regarding the budget documents. Supervisor Flansburg told Mr. Pampelone that the Supervisors are working very hard to get things under control. Mr. Pampelone said the contract that he read for the Eastern Pike Regional Police Commission from 2008 is now void because it was a three-year contract and we did not re-sign another contract. Supervisor Flansburg said he would rather wait until Solicitor Bernathy was present to address that. Mr. Pampelone questioned the calls to Wal-Mart. Chief Stewart said 3% of all calls are retail and the majority of those go to Wal-Mart. Both Supervisor Melvin and Vice-chairman Fischer explained that Wal-Mart is the largest employer and probably one of the largest taxpayers in the Township. Mr. Pampelone feels they should be covered by the state police. Supervisor Flansburg said this is being worked on. Mr. Pampelone also commented on the number of police officers on duty at any one time claiming we on the have 3 mi.² to cover, stating that the budget could be cut in an amount to pay for the Dombrosky settlement for one year. He also questioned the suit to the EPRPD and was told that the judge found in favor of the Commission. Mr. Pampelone questioned why the insurance company didn’t cover the Dombrosky settlement stating he heard there was a misrepresentation on the application to the insurance company. He was told this is considered pending litigation and could not be discussed although the statement he had heard was untrue. Supervisor Banach said we are working diligently in trying to fund the Police Department and Road Department and have make cuts even with our staff, further stating we have tried to come up with ways of increasing revenue and reduce costs. Discussion followed regarding the state police. Chairman Ewbank said in the past the state police have tried the same thing but it was an escalating cost starting at $55 per resident and worked its way up. Supervisor Flansburg said that Chief Stewart said no one attends the police commission meetings and although the board appreciates his comments Mr. Pampelone should attend the commission meetings. Further discussion followed regarding the Police Department.

Bill Jamros said he read the Regionalization Agreement saying that it clearly states that all Matamoras and Westfall Township police officers will become part of the Eastern Pike Regional Police Department and asked how our solicitor misinterpreted that. Chairman Ewbank said it was up to the police commission to hire the officers. Vice-chairman Fischer said there was also a question of active duty. Chairman Ewbank said when that EPRPD was formed there was no Westfall Township Police Department to give him a job and suggested Mr. Jamros come back next month when our solicitor is present because he is the one that wrote the agreement. Mr. Jamros was told that Solicitor Bernathy was not our solicitor at the time the agreement was drafted. Gregory Chelak was. Supervisor Melvin said we cannot speak on this issue because there is pending litigation. Supervisor Banach commented that the Township never had their day in court. The attorneys we had were insurance company attorneys and the judge made a decision against us and we were never allowed to give our side of the story. Discussion followed.

Darren Schwartz, owner of Smokers Choice said they have two stores in the township and employ seventeen people. They have plans to make a major renovation to the store across from the Welcome Center by tearing down four existing structures and constructing a 6000 ft.² building. They have a problem with the cigarette tax for several reasons. If the board decides to adopt a local cigarette tax they may have to reconsider their idea to renovate and expand that location. A new cigarette tax will cause customers to make the short drive to a tobacco retailer (approximately 10) from the bridge to 10th St. which is outside of Westfall Township. When that happens they will lose business and as a result the employees could see hours reduced or even see their jobs eliminated. Mr. Schwartz continued by stating Pennsylvania is a fair trade state which means the cigarette taxes are uniform State wide. Fair trade cigarette laws started in the mid-20^th century in order to prevent large retailers from coming into communities and using cigarettes as a loss leader. Cigarettes are very price sensitive items. There are about 25 states right now that have fair trade laws which dictate that the price of cigarettes can’t go below a certain amount. The Westfall proposal will change the market dynamics and cause tobacco consumers to make purchases where tobacco is cheaper. As best he can tell there are no other local cigarette taxes in the state of Pennsylvania. Mr. Schwartz said if this tax is passed it will give other municipalities an advantage over Westfall Township and stated that it is discriminatory and asked the board not to impose the tax and remain a business friendly environment that encourages residents to patronize their business. Mr. Schwartz said people come from New York and New Jersey to purchase cigarettes and feel said the tax goes up they would literally lose customers and their business would be destroyed. If the tax was being proposed from the bridge to 10th Street also Mr. Swartz would not have a problem because he does not feel he competes with Wilkes-Barre.

Supervisor Flansburg said when we proposed the amusement tax and transaction tax people felt that was unfair also, however they said they were never invited to come before the board which is why the board and invited the cigarette store owners to come in at this time and stated it would not be a cigarette tax but a transaction tax.

Supervisor Banach said our goal is for the County to place a countywide sales tax which would benefit the whole County. Chairman Ewbank said we welcome Mr. Schwartz’s input so they can make a wise decision.

Supervisor Flansburg questioned whether the other supervisors read the e-mail from Bob Bostinto regarding the Katz property, stating that it was a brilliant suggestion. Supervisor Melvin said there may be zoning issues that we need to look at. This item will be put on the agenda next month. Lisa Mickles asked if the board was going to re-zone the Katz property as commercial. Supervisor Banach said not at all, there was a suggestion from a resident looking at the dynamics of our municipality stating a corporate park would benefit the municipality and the Katz property could be available. Discussion followed.

MINUTES: Minutes of the January 7, 2013 public hearing were approved on a motion by Supervisor Banach. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Minutes of the January 7, 2013 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Minutes of the January 23, 2013 workshop meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Flansburg. Supervisor Melvin abstained. Motion carried with four in favor and one abstention.

Minutes of the December 4, 2012 meeting were corrected on page seven (7) to say that Vice-chairman Fischer cannot speak for the Commission. In the original minutes it said “can.” Supervisor Banach moved to approve the minutes. Motion is seconded by Supervisor Melvin and carries with all in favor.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report stating that January is a slow month as far as income. Expenses for the month were $101,000.  Supervisor Melvin moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

POLICE REPORT: Police Chief, Chad Stewart gave the report for January. There have been 176 calls for service and 5,360 miles patrolled for the month. Chief Stewart said they are still have burglaries in homes and in cars and cautioned people to keep doors locked and not leave purses or GPS devices in vehicles. Supervisor Flansburg questioned if the public drunkenness was from a side street in the Township or Borough or is that tied to an establishment. Chief Stewart said this month it is not from an establishment, this probably someone staggering on the street. Supervisor Banach moved to approve the police report. Motion seconded by Supervisor Flansburg and carries with all in favor.

FIRE DEPARTMENT: Robert Mills gave the Mill Rift Fire Department report for January stating they had their monthly meeting on 1/09, a work day on 1/17, mutual aid structure fire on 1/18, 1/23 cleaned main fire house and went over equipment at the station, 1/30 installed new shelves at the substation.  They took their 1982 American LaFrance out of service and replaced it with a 1994 KME Pumper. Supervisor Flansburg asked if that is something new. Mr. Mills said it was something they have been working on, further stating that they bought Huguenot’s engine (1994 Pumper) so Huguenot does not have an engine now. They would like to take the 1982 that Mill Rift took out of service and borrow it until they get their new truck. Mr. Mills continued by saying he was not sure it was going to happen because they had to check with the insurance company as to the liability. Supervisor Banach said the vehicle is owned by the Fire Department so any arrangements they make would be strictly a fire department issue and not a township concern as the liability would lie with the fire department because they are a separate entity. Supervisor Flansburg suggested selling it for one dollar and buying it back for a dollar so that it would be their truck for the time they wish to use it. Supervisor Melvin suggested checking the legalities with an attorney to make sure they are covered.

Luis Bocaletti gave the Westfall Township Fire Department Report for January reporting 1 Motor Vehicle Accident, 10 Commercial Alarms, 1 Residential Alarm, 1 Outside Investigation, 1 Carbon Monoxide Alarm, 1 Brush Fire, 1 Structure Fire, and 4 Mutual Aid Structure Fires. They also had 12 members participate in CPR refresher course, 10 members receive their first aid certification, and 14 members receive training on blood-borne pathogens. Total man-hours for the month 218.4. For EMS there were 29 calls in Westfall Township, 17 in Milford Township and 3 in Port Jervis. Total calls for EMS were 49. Supervisor Flansburg questioned if Atlantic ambulance is now covering Westfall Township. Rob Llewellyn said a letter went to Comm. Center and they are trying to decipher the ALS lines. Supervisor Melvin questioned if there were any fundraisers either fire department was having right now. Mr. Bocaletti said they will begin in March. Supervisor Flansburg said he was at Home Depot today and was asked why the Westfall Fire Department did not participate in the fire field day for the kids. Mr. Llewellyn said Home Depot was approached two months before the date of the Fire prevention week requesting a date from them and the fire department was not contacted until one week prior which caused a scheduling conflict. Discussion followed. Motion to accept both reports made by Supervisor Melvin. Motion seconded by Vice-chairman Fischer and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for January stating that they continue with equipment maintenance which is important due to the amount of storms they’ve had. Mr. Schneider attended the Road Task Force meeting. The crew worked on drainage on Heaters Hill and they’ve been removing brush and widening Bluestone Boulevard and Cummins Hill Road. They replaced the stop sign on Rose Lane, did some repairs on the sander and ordered 100 ton of anti-skid and 100 ton of salt. Mr. Schneider said he does not wait until the salt gets too low because sometimes there could be a 30 day delivery time. They cleared pipes and ditches due to heavy rain and Mr. Schneider met with Tim Balch from the DCNR concerning issues on Cummins Hill road and Bluestone Boulevard. Mr. Schneider also has a call into the conservation District to have them come down and discuss our road projects. He received a bid from one contractor for the base of Heaters Hill and will receive a few more. Mr. Schneider said the cost should be kept down if the work is done now. There were six snowstorms that required treating of roads and stated that if he did what Mr. Dalton suggested it could pose a problem having part of a road treated and part untreated. Supervisor Flansburg said he would like to tell Mr. Schneider and the crew that they are doing a great job and that it is apparent that he lives and works here and wants it to be the best they could make it. Stating it is not said enough. Supervisor Banach moved to accept the report. Motion is seconded by Vice-chairman Fischer and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman gave the report for January stating there were five building permits issued. In addition to that there were escrow fees received for a land development project. Total fees of $2356 were collected with fees of $1606 for building. Supervisor Flansburg moved to accept the report. Motion is seconded by Vice-Chairman Fischer and carried with all favor. Supervisor Flansburg told Mr. Rendleman he also does a good job.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Transaction Tax: Tabled.

Louis Troiano – Green Recycling: Louis Troiano addressed the board saying he lives in Milford Landing and understands the financial situation the board is facing. Mr. Troiano is in the recycling business and has been for the past 17 years and feels there is an opportunity with regard to the site the Township has behind the municipal building. Originally they were interested in wood recycling which could be very profitable but the pitfall of it is there would be the need for product, which would mean traffic and trucks. However Mr. Troiano also works with green recycling, (paper and plastics etc.) and said as the township knows the county shut down their recycling program last year but they did not do so according to DEP regulations. Now they need to revise their plan and must go to each municipality and have it signed off on. Mr. Troiano feels if Westfall wanted to be a catalyst in putting up a County Wide recycling project there could be revenue for that. Including DEP grants. Supervisor Flansburg asked if we were talking about a structure or building. Mr. Troiano said there would be no need for a building just the land. Supervisor Flansburg said if he’s not missing what Mr. Troiano is saying he sees an opportunity for himself as well. Mr. Troiano said that is untrue he would just give his help to the Township, explaining that the residents are already paying for recycling through their waste bills and now have to pay for curbside recycling. Mr. Troiano said there is revenue out there and it is a shame that was lost because residents are paying twice for recycling now. Supervisor Flansburg said if we took the number that Mr. Troiano threw out how much of that would come back to the township. Mr. Troiano said what they would do is put redesigned containers out there which would not be single stream recycling where everything is co-mingled together, saying that is what undermined the County plan because everything has to be torn apart at a single streamed recycling center. What other County’s do is separate the materials. Single stream was really meant for curbside pickup. If they offer a site they would have the residents sort the material and they would be doing it for free. Mr. Troiano said all they would do is set up a plan to condense it and market it and they don’t need a plant for that.

Mrs. Green asked about residents who use plastic bags which are not acceptable. Mr. Troiano said there will be some things that are still unacceptable but it would not be intolerable, explaining the recycling process and stating if we start this process we may be able to pay back municipalities for some of their material. Supervisor Banach questioned if we would have tractor-trailer loads of material coming in and dumping. Mr. Troiano said it would be condensed here and trucked out. Discussion followed about the condensing process. Mr. Troiano said they can also take in wood recycling. Further stating the detriment to the town would be truck traffic and if the board does not want that traffic than this is not for them. Supervisor Melvin questioned Mr. Rendleman if there would be a zoning issue. Mr. Rendleman said the area is zoned R-1 but he believes there may be an exemption for municipal land. Supervisor Flansburg said he thinks it’s a brilliant idea, doesn’t know if it will work but it’s something to look at. Mr. Troiano said no one in the County is doing this. Supervisor Flansburg asked why it’s not in the County if it is a lucrative thing. Mr. Troiano said because they were taking in $200,000 but they were spending $600,000. Supervisor Banach questioned who his County contact was. Mr. Troiano said we would have to go to the DEP because they are the ruling entity. Mr. Schneider said the traffic may be an issue because it already is a problem in Matamoras and if we have trucks coming up Delaware Drive it could be a problem. Further discussion followed. Chairman Ewbank said the board is definitely interested in this. Mr. Troiano will get in touch with Supervisor Banach.

Sale of Municipal Authority: Supervisor Banach said he saw an article in the paper which said that the County and Milford Township would like to get involved with the Municipal Authority and thinks we should send a letter to the County expressing our interest in negotiating a sale of the Municipal Authority. This would then offer inter-governmental control of the facility. Vice-chairman Fischer said he spoke to Commissioner Osterberg today who is a member of the Economic Development Authority and he said there is a potential funding stream for central sewage throughout the County. Supervisor Melvin said it is in the developmental stages. Discussion followed about getting the County involved in negotiations at the early planning stages of the central sewage issue. Supervisor Melvin said he spoke with Charles Miller who is against selling the Authority to a private entity. Supervisor Flansburg asked if the County would be able to increase the gallonage. Supervisor Melvin suggested they have the larger muscle to get that done. Vice-chairman Fischer said Commissioner Osterberg said there are grants available.

Robert Bostinto also a member of the EDA said he and Commissioner Osterberg spoke about this and there is funding available for about half the project. Mr. Bostinto said the total cost will be about $18 million and there is immediate funding for about $9 million. The catch is that Milford is out of compliance with the DEP and everybody is knee-deep in their septic systems. Supervisor Banach said his feeling is that this is a Westfall Township owned entity and that the Westfall Township residents should reap the benefit of the sale. Mr. Bostinto said he lives here and agrees that Westfall should reap the benefits, further stating that they are putting together a task force to pursue it. Supervisor Melvin said we need to make sure that we get our input into it. Expansion was discussed as well as capacity. Supervisor Banach said years ago it was made large enough for other communities to tie in and we lost capacity because they wanted no part of it. It is not fair for Westfall Township to now have to go back and make it larger again. Mr. Schneider explained once again what happened back in 2008 when neighboring municipalities wanted to join in and decided against it. Further stating the more capacity the plant holds the more expensive it is to treat. Supervisor Flansburg moved to send a letter to the County expressing our desire to be part of the planning and that we are open to discussing options with our Municipal Authority. Motion is seconded by Supervisor Banach and carries with all in favor. Mr. Bostinto suggested appointing a few supervisors to a task force to discuss this. Supervisors Melvin and Banach volunteered.

Lisa Mickles asked for clarification of sewage and water in Westfall Township. Supervisor Melvin said there is a private water company, Pennsylvania American Water Company which services a portion of the township and then there is the Westfall Municipal Authority which services certain areas for sewage. Mr. Bostinto said part of the plan is to expand municipal water into the Township by the trailer park on the three lane from the Milford Water Authority.

Home Depot Signs: Supervisor Flansburg said he received a map via e-mail showing three proposed sign locations however they did not say what size they wanted. Supervisor Flansburg continued by stating he requested the size of the sign from Home Depot. Discussion followed regarding the trimming of trees by their current sign.

NEW BUSINESS:

Revise Employee Policy Manual: Supervisor Banach moved to adopt the amendments to the employee Policy manual. The first one being the addition of Martin Luther King Day as a Township holiday; and the second to change the language under benefit from “all regular full time and regularly employed employees” to “all regular full-time employees.” Supervisor Melvin questioned the definition of full-time employee. Mrs. Green said she did not change the definition of full-time employee she only took out the words regularly employed employees. Motion is seconded by Supervisor Flansburg and carried with all favor.

Letter to O & R about Poles in Rights-of-way: Supervisor Banach said Mr. Schneider supplied the board with a list of poles that are in the Township right-of-way and feels we should send a letter to Orange and Rockland, the phone company, and the cable company stating the poles are interfering with our operations and that they are in the town right-or-way. Supervisor Melvin asked if there were five poles explaining that each poll has 10 numbers. Supervisor Flansburg moved to send the letters. Motion is seconded by Supervisor Banach and carried with all favor.

Correspondence regarding Billboard: Chairman Ewbank said we have two letters of correspondence regarding the Billboard down by Wal-Mart for liposuction stating that the parties are upset with the content of the Billboard. They believe it is sexual in content and not fit for their children to view. Supervisor Melvin said he believes that’s protected by the First Amendment. Chairman Ewbank said the Township has no control over it and that they need to deal with Milford M.D. if they do not like it. Supervisor Flansburg confirmed with Mr. Rendleman that the sign had to border on obscene to disallow it. Supervisor Flansburg moved to send a letter to both parties stating as much as we would like to help them our hands are tied, we will offer to have them come and view our zoning ordinance. Motion is seconded by Supervisor Banach and carries with all in favor. The secretary will send the letters.

FEMA- Hurricane Sandy Reimbursement 2/10/13 Deadline: Supervisor Melvin said we should look into it and make sure we submit prior to the deadline. Chairman Ewbank said all we need to do is apply by that time and the Hwy., Department is working on it. Discussion was held as far as what the fire Department may have expended. Motion was made by Supervisor Banach to move forward and have this submitted prior to the deadline. Motion is seconded by Supervisor Flansburg and carries with all favor.

Mill Rift Fire Department Audit: This item is tabled until the solicitor is back.

Cleanup Day: Mrs. Green asked if we are having a cleanup day this year stating it is in the budget.  The date of April 20, 2013 was chosen. Times will be from 8:00 am to 2:00 pm.

Eastern Pike Regional Police Department: Supervisor Flansburg said an executive session was held last night with the entire Police Commission, Borough Council and Supervisors and that without getting into the details the meeting went well. Supervisor Flansburg then moved to rescind the letter regarding withdrawal from the Eastern Pike Regional Police Department and said he would like Solicitor Bernathy to draft the letter for the Supervisors and give them the opportunity to review it prior to sending it in the event they would like to see something changed. Motion seconded by Supervisor Melvin and carries with all in favor. Beth Brelje asked for confirmation that the letter was not to withdraw from the department rather to rescind the letter that was sent with that regard.

EMA: Chairman Ewbank said the Westfall Township Fire Department requested to have the Township EMA office moved from the Matamoras EMA office to the fire Department and requested the township send a letter of request, which was done. In turn the Fire Department voted unanimously to have the office moved.  The rent is $200 per month as opposed to a quarterly payment of $912. There will be a savings of approximately $1200 per year. Supervisor Flansburg said the board sees this as a way of giving money to the fire Department. Discussion followed regarding making contact with the Borough of Matamoras to thank them for the use of the facility and relating that this is strictly a financial matter. Supervisor Banach moved in favor of the relocating the office. Motion is seconded by Supervisor Flansburg and carries with all in favor.

SUBDIVISION REVIEW AND ACTION:

Municipal Authority Land Development: Mrs. Green said the board has a letter from the Westfall Township Planning Commission recommending approval of the plan with conditions, as well as a letter from the Township’s Alternate Engineer Al Handy. Mrs. Green stated this item was also discussed at the January 23, 2013 workshop meeting. Two of the conditions have been met and the existing condition to “address the details for the building as it relates to the gas” will be covered with the building permit application. There will be a need for separate motions for the land development approval and the Stormwater waiver request. Supervisor Melvin questioned whether or not Solicitor Bernathy has reviewed this. Solicitor Bernathy reviewed this at the January 23, 2013 workshop meeting. Supervisor Flansburg moved to accept the municipal authorities land development conditioned upon addressing the details for the building as it relates to gas. Motion is seconded by Vice-chairman Fischer and carries with all in favor. Supervisor Banach moved to approve the storm water waiver. Motion is seconded by Supervisor Flansburg and carries with all in favor.

ADJOURNMENT: Meeting was adjourned at 8:55 PM on a motion by Supervisor Flansburg. Motion seconded by Supervisor Melvin and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary

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Westfall Township, Matamoras, PA
January 23, 2013

The Westfall Township Board of Supervisors held a workshop meeting on Wednesday, January 23, 2013 at 7:00 pm at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Ewbank; Vice-Chairman, Paul Fischer; Supervisors, Raymond Banach and Larry Flansburg; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; Rob Llewellyn, Beth Brelje, John Dalton and Debra Banach. Supervisor, Robert Melvin was not present.

AGENDA: The agenda was approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Flansburg and carried with all in favor.

PUBLIC COMMENT: None. 

NEW BUSINESS:

Review Zoning as per Signage: Supervisor Banach mentioned that Home Depot would like an off premise sign and he was under the impression it was not allowed, although it looks like the zoning ordinance says in one place that it is not allowed and in another it is. Mike Rendleman said Home Depot did not ask for an off premise sign. They asked for a 50 foot sign on their lot and there is already a 65 foot sign on their lot, stating that off premise signs are not allowed. However there is no reason they cannot advertise on an existing Billboard. Supervisor Flansburg said he’s been in touch with Cindy from Home Depot and with Debbie from their legal department and their problem is the trees block the sign that they have already and that once someone turns onto Reuben Bell Drive they miss Home Depot and have to turn around on residential property. They would like a sign that tells people where to turn in and they are going to send information but it has not been received yet. Mr. Rendleman said they have a directional sign on their property that says “Home Depot Turn Here” at the entrance to their driveway. Supervisor Flansburg said what they would like is a sign close to Reuben Bell Drive or the intersection. Solicitor Bernathy questioned Mr. Rendleman if he agreed that people were missing the sign and going past Home Depot. Mr. Rendleman said he hasn’t had a complaint since they installed the directional sign. Further stating that he does not know why they can’t go before PennDOT and get a directional sign such as the Riverview Inn has on Route 6 & 209. Mr. Rendleman said if the supervisors change the zoning ordinance that applies to everybody in the Township. Solicitor Bernathy said he has to advise the supervisors that it would be a fundamental change to the zoning ordinance and that most municipalities prohibit off premise signs. Supervisor Flansburg questioned what was easier a variance or an amendment to the zoning ordinance. Solicitor Bernathy said a variance is based on hardship and that’s not easy to get. Solicitor Bernathy advised that you have to consider the impact a zoning change will have. Mr. Rendleman said the sign ordinance has issues in several different areas. For example there is a matrix of signs that are allowed and yet two pages later it says it is not allowed. Mr. Rendleman said this creates a mechanism that is not easy to control. Discussion was held about Phantom Fireworks. Mr. Rendleman said they did not come in to put the purple logo on the building. Supervisor Flansburg suggested tabling this item until he receives the information from Home Depot; however he wanted to mention that he has received phone calls from a church group about the billboard sign by the elementary school that has the woman in the bikini advertising for Dr. Buckley. Some people are finding it offensive. Solicitor Bernathy questioned if it was obscene. It is not. Solicitor Bernathy said we have to be careful about regulating content. Further discussion followed regarding the sign section of the zoning ordinance. Solicitor Bernathy suggested reaching out to Charlie Schmehl the draftsman of the ordinance.

Martin Luther King Day: Supervisor Banach said he doesn’t understand why the Township doesn’t give this holiday to the employees because banks and post office are closed. Mrs. Green said the township employees get 12 vacation days per year. Mr. Schneider said the highway department would probably still work. Supervisor Flansburg questioned how the day was on the holiday. Mrs. Green said it was quiet but she found work to do, stating that half the municipalities take the holiday off and half do not. Chairman Ewbank said he knows Matamoras takes it as a holiday because their street department was not out collecting garbage. The board decided to make it a township holiday and amend the employee policy manual. This item will be added to the February 5, 2013 meeting agenda.

OLD BUSINESS:

Transaction Tax: Solicitor Bernathy said going back to September 4, 2012 we had on the agenda a proposed tax. He did legal research and confirmed that research with the Pennsylvania State Association of Township Supervisors for purposes of considering a tax which would provide for the issuance of a transaction tax on fireworks specifically, that would also apply to perhaps cigarettes, which could be discussed. Specifically this transaction tax would be on fireworks to include the purchase, sale, loan, pledge, gifts, transfer, delivery, or other disposition of any fireworks within the Township and that would apply to anyone engaged in that activity. This has been provided for us through the Local Tax Enabling Act which specifically describes a transaction tax. At that time Solicitor Bernathy prepared a hybrid ordinance which was an Amusement/ Transaction Tax Ordinance and the Amusement Tax was enacted and the Transaction Tax was tabled. At this time the supervisors have asked to revisit the transaction tax. Fireworks would include any combustible or explosive composition or any substance or combination of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation. That is a definition that will be part of the ordinance. The supervisors had discussed the actual transaction and the tax that would be proposed would be a .05% on each transaction. There are provisions in the ordinance for penalties as there would be for any other ordinance, there are provisions for enforcement of the ordinance and provisions for the responsibilities of the owners and operators of these establishments. The ordinance provides for civil penalties and he finds that type of conduct as unlawful. Solicitor Bernathy said those are at times boilerplate to all ordinances and added that this has been confirmed by the Pennsylvania State Association of Township Supervisors. Solicitor Bernathy continued by stating that with the amusement tax there was case law found in Pennsylvania where other jurisdictions and municipalities passed amusement taxes. With this situation there is no law on point however PSATS has made it clear that there is nothing prohibiting the Township from doing this. Solicitor Bernathy had a meeting with a representative from Phantom fireworks who wanted to discuss this proposed ordinance which was tabled back in October, and in the end they are recognizing the Township’s authority to enact such a transaction tax, understanding that it would be .05%. They want to work with the Township and made it clear that they also wanted to explore a number of other options in addition to that, which would include having property of which they would supervise personnel in the detonation of fireworks. They have also suggested as they have done and other municipalities that off-duty police officers would be hired as security. Solicitor Bernathy said again they are coming in good faith and he cannot say it is not going to be opposed because there was opposition to the amusement tax. Solicitor Bernathy thinks the number could be well over $100,000 if cigarettes are taxed as well.

Supervisor Flansburg questioned if what Solicitor Bernathy saying is that they would like to work with us and we would work with them. Solicitor Bernathy said yes that is what he’s saying and this is now the next step. This ordinance will be added to the next meeting agenda for purposes of advertising for public hearing. Solicitor Bernathy questioned what the board wanted to do regarding the cigarettes, stating this is not a sales tax this is a transaction tax that is allowable under the Local Tax Enabling Act however most municipalities have not used it. Supervisor Banach questioned if this transaction tax is unique to businesses in Westfall Township wondering if we placed a transaction tax on cigarettes would we also have the tax on lumber or tattoos. Supervisor Flansburg said what he believes Supervisor Banach is asking is can it be a transaction tax based on all businesses in Westfall Township so that we are not picking on one business. Discussion followed regarding the definition of the transaction tax and who it would apply to. Supervisor Banach suggested doing a separate ordinance for fireworks and cigarettes.

Supervisor Flansburg suggested inviting the cigarettes stores to a meeting to get their input. Solicitor Bernathy said as the record would indicate there was opposition by Phantom Fireworks and they have now reconsidered and said they wanted to be a good neighbor. Chairman Ewbank asked if there was a definition of fireworks and if it would apply to somebody selling sparklers down the street. Solicitor Bernathy said there is it would be any combustible or explosive composition or any substance or combination of substances or any article for the purposes of producing a visible or audible affects by combustion explosion or detonation. Further stating this is not applicable to sparklers.

Beth Brelje questioned if there was a law that said you could not tax cigarettes. Solicitor Bernathy said he is not aware of that but he will research it. Supervisor Banach questioned if this would apply only to cigarettes or to all tobacco products. Solicitor Bernathy said it would apply to all tobacco products.

Supervisor Flansburg said people that are going to hold quilting convention at the Best Western questioned how they go about paying the Amusement tax. Solicitor Bernathy said the ordinance provides a reporting requirement for those that were holding the quilting show. Vice-chairman Fischer said that Best Western just had a gun show and the ordinance went into effect on January 4, 2013 said that was applicable to them. Supervisor Banach suggested giving the registration forms to the businesses. Mrs. Green will take care of that. The transaction tax will be added to the February 5, 2013 meeting agenda.

2013 TAN: Solicitor Bernathy said that our Treasurer, Scott Myer had requested that Solicitor Bernathy have a Tax Anticipation Note ready in the event the Township needed it, however in Mr. Myer’s opinion he does not feel we need that at this time. Solicitor Bernathy said Mr. Myer thought the TAN would be like a line of credit in that we would not have to pay interest unless we drew on the money but that is not the way this loan was set up. Supervisor Flansburg said that Mr. Myer contacted him today and that he thought that since we would be paying interest on the money until April and paying a cost of $1000 to close the loan that was highway robbery. Mr. Myer said Milford Borough received a TAN for $150 from Wayne Bank. Supervisor Flansburg said Mr. Myer thought we had gone too far in the loan process and that we had to take it now. Solicitor Bernathy said absolutely not the Township does not have to take it and that when he first contacted the Dime Banks attorney he told him he was not sure it was even needed that we were just doing it on a precautionary basis. Adding that if Mr. Myer says it is not necessary then we will not take. Supervisor Banach suggested shopping around next year. Further discussion was held.

PSATS Convention April 21 – 24, 2013: Mrs. Green said the deadline for early registration is this Friday, January 25, 2013 and that she checked with Supervisor Melvin who is not able to go. Solicitor Bernathy suggested one of the board members attending. Supervisor Flansburg said Mrs. Green could put his name down on the registration form. Someone will attend.

Mr. Rendleman said after a cursory review of the zoning ordinance he does not see any reason why Home Depot cannot put up an off premise sign in the C-2 zone and it meets the other requirements of the ordinance. Solicitor Bernathy said that’s how he read it too. Mr. Rendleman said however there is another sign on the Zitone’s Property.

HIGHWAY DEPARTMENT:

Township Roads: Bill Schneider said he has taken a tour of the Township roads with Supervisor Banach and Supervisor Melvin and showed them some of the areas of concern, stating that we have to prioritize some of the issues. One of the worst is the wall on Heaters Hill Road. It will be a problem if that collapses. He has pictures of the different areas, some of which were fixed such as the wash outs at the bottom of Heaters Hill and Bluestone Blvd., and some areas will need a lot more work. Possibly DEP and the Conservation District will need to get involved. Al Handy our former engineer had done a report several years ago and a lot of the work estimated was for the township to do themselves. The turnaround at the end of River Road in Mill Rift is starting to collapse. Mr. Schneider said if they can get the okay they could take the barriers back and fill that area with pipe and stone. Discussion was held regarding plow blades that were used in one area of Mill Rift. The one project for the Heaters Hill culvert pipe was fixed already and funded by FEMA along with the Decker Lane project. Supervisor Flansburg questioned if Mr. Schneider had a rough idea on the cost to fix the bottom of Heaters Hill. Mr. Schneider did not, however he said they could fix what’s there in place. However the DEP and the Conservation District need to get involved to find out the permitting requirements because there is a stream involved. Supervisor Flansburg said he felt they should prioritize the things they can do as opposed to those projects they need to hire someone for. Chairman Ewbank said the report from Al handy was done five years ago and the cost was $300,000 then, questioning what it would be today. Supervisor Banach suggested Mr. Schneider complete an action plan and pick the worst projects that need to get fixed first and get a legal opinion and the proper permitting and possibly get a grant through the Conservation District. Discussion was held on the projects that Mr. Handy reported on back in 2007. One project has been completed and the other is in process. Supervisor Flansburg questioned if you would increase the size of the pipes in fixing the projects. Mr. Schneider said if you increase the size of the pipes you need engineering therefore they will stay with the same size. Supervisor Banach questioned making the gravel part of Pond Drive seasonal. Mr. Schneider said if the property there ever gets developed the whole road would need to be brought up to Township specifications. Supervisor Banach is going to speak with the Conservation District on Monday and commented that we really need to start fixing the areas of concern because it is a liability issue.

Chairman Ewbank said for anyone interested they should take a ride around Cummins Hill Road to see the work that the road crew has been doing.

Mr. Schneider said the board should note that there are about seven telephone poles that need to be moved by Orange & Rockland that are too close to the road. He believes the township needs to send a letter to O & R. However the electric company will probably move the poles but the cable company takes forever.

Discussion was held regarding guide rails in town. Mr. Schneider said they have some guide rail at the shop.

Complaint re: Lot 40 Keystone Park: Mr. Schneider said he went down to take a look at the property and the homeowner showed him where the problem was, but this really isn’t a road issue. This is the low lying property and the road belongs to Milford Township. Discussion followed. Solicitor Bernathy stated that this is a preexisting condition and there is no liability on the part of the township. That needs to be relayed to them kindly.

MUNICIPAL AUTHORITY:

Docket Review: Mr. Schneider said this came up during his road tour with Supervisor Melvin. The information provided by Mr. Schneider explains why the docket approval was reduced from 825,000 gpd to 375,000 gpd. Mr. Schneider said the gallonage was increased to 825,000 gpd for the Katz development and because Milford and Matamoras wanted to hook up. However the Project was reduced and Milford and Matamoras decided not to hook up therefore the gallonage was lost. Supervisor Flansburg questioned if they could get back to the 825,000 gpd. Discussion followed as to whether there was enough for the senior housing project and whether or not there would be enough if Milford decided to hook up. Mr. Schneider said if the authority was sold and it went bankrupt the sewer plant would fall back to the Township. Solicitor Bernathy confirmed that. Vice-chairman Fischer questioned if there was enough for the entire borough of Milford. Discussion followed. Supervisor Banach questioned what benefit Westfall Township residents would have it the sewer authority expanded. Solicitor Bernathy said it would add value to the municipality. Mr. Schneider said the tax payers do not have for the Authority it’s paid for by user fees. Further discussion followed.

BUILDING / ZONING: None

SUBDIVISION REVIEW AND ACTION:

Municipal Authority Land Development: Solicitor Bernathy said the Supervisors have a recommendation from Planning to approve the land development subject to the following conditions: 1) Review comments from Pike County Planning Commission 2) Address the details for the building as it relates to gas 3) Comments from the fire department regarding the gravel driveway and access regarding the structures. Solicitor Bernathy stated that the NPDES permit has been approved. The supervisors agreed that the Municipal Authority’s engineer did not need to be in attendance at the meeting. This item will be added to the February 5, 2013 meeting agenda.

EXECUTIVE SESSION: Called at 8:27 pm for personnel and possible litigation.

Adjournment: Meeting adjourned at 10:12 pm on a motion by Supervisor Banach, seconded by Supervisor Flansburg. Motion carried with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary

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Westfall Township, Matamoras, PA

January 7, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Monday, January 7, 2013 at 7:32 pm. The meeting was held at the TownshipBuilding on Delaware Drive and LaBarr Lane, WestfallTownship.

Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg and Robert Melvin; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Bill Koferl, Rob Llewellyn, Ed Isaacson, Beth Brelje, Chuck Pranski, and 14 members of the general public.

AGENDA: The agenda was amended to add Eastern Pike Regional Police Department under Old Business. Motion to add the transaction tax under new business made by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor. Motion to adopt the agenda made by Vice-chairman Fischer. Motion is seconded by Supervisor Banach and carries with all in favor.

PUBLIC COMMENT: None

MINUTES: Minutes of the December 4, 2012 and December 19, 2012 meetings were approved on a motion by Supervisor Melvin. Motion is seconded by Vice-chairman Fischer. Supervisor Flansburg abstained. Motion carried with four in favor and one abstention. Mrs. Green asked Solicitor Bernathy if he reviewed the minutes of December 19, 2012 with regard to Smokers Choice. Solicitor Bernathy has not had the opportunity to review them yet. Motion to approve the December 19, 2012 minutes subject to review of Solicitor Bernathy made by Supervisor Banach. Motion is seconded by Supervisor Melvin. Supervisor Flansburg abstained. Motion carries with four in favor and one abstention.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report stating that 2012 was a solid year aside from the Dombrosky settlement. Income was $143,000 over budget partially from the PEMA grant but if you back that out we were still $80,000 over budget from an operational standpoint which is very good.  We were $152,000 over budget and expenses which wasn’t good but if you backed out the $175,000 settlement we were actually $25,000 under budget. All things considered it was a solid year. Supervisor Banach moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

POLICE REPORT: Police Chief, Chad Stewart gave the report for December. There have been 170 calls for service and 5,543 miles patrolled for the month. Chief Stewart said also in the supervisors packets is the annual report for the Eastern Pike Regional Police Department. Supervisor Banach moved to approve the police report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

FIRE DEPARTMENT: Ed Isaacson gave the Mill Rift Fire Department report for December stating they had a Drill night on 12/5, the Monthly meeting on 12/11, a second Drill night on 12/19 and a medical emergency on 12/27. Total man hours for the month were 49.

Bill Koferl gave the Westfall Township Fire Department Report for December reporting 1 Landing zone, 1 Motor Vehicle Accidents, 2 Auto Alarm – Commercial false, 1 Standby, 2 Mutual Aid, 1 Controlled burn, 1 Hazmat, 1 Chimney fire,  1 Assist EMS with lifting, 1 Commercial structure fire, 1 Wires burning and 2 Residential Alarms. Total man-hours for the month 90.58. For EMS there were 40 calls in Westfall Township, 4 in Milford Township and 4 in Port Jervis. Total calls for EMS were 927 for the year. Mr. Koferl said this will be his last report as Rob Llewellyn will be the new chief. The board thanked Mr. Koferl. Motion to accept both reports made by Supervisor Flansburg. Motion seconded by Vice-chairman Fischer and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for December stating that they are continuing cleanup from Hurricane Sandy and have been doing shoulder and right-of-way clearing on Doug Miller Rd., Bluestone Boulevard, and Cummins Hill Road. There trying to widen the roads that have narrowed over the years. They had two storms in December that required plowing and product. Equipment was maintained. Mr. Schneider said he attended the road task force meeting and he took Supervisor Banach on a tour of the Township roads. Supervisor Melvin questioned whether or not the issue that came up with the Delaware Valley School District last month was resolved. Mr. Schneider said that has been taken care of. The school district will no longer be getting material from the Township. Supervisor Banach moved to accept the report. Motion is seconded by Vice-chairman Fischer and carried with all in favor. Supervisor Banach suggested to the board that each of them take the road tour with Mr. Schneider and then schedule a workshop to discuss the work that needs to be done. Supervisor Banach said over the years the street department has given up a lot of money to other areas in the Township and the crew is doing an outstanding job, however there are things that they will not be able to handle on their own and we need to get an action plan together. We may need to get the conservation district involved with things and have legal counsel. Supervisor Banach said it is eye-opening taking that tour and this is one legal requirement that we have is to maintain the roads which our citizens drive on. Supervisor Melvin suggested each supervisor take the tour with Mr. Schneider prior to the next monthly meeting at which time a workshop can be scheduled.

BUILDING/ZONING REPORT: Michael Rendleman gave the report for December stating there were three electrical permits, one building permit, one mechanical and one zoning permit issued. Total fees of $510.25 were collected. Vice-Chairman Fischer moved to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor. Mrs. Green explained that Mr. Rendleman used to attend all planning board meetings, however since BIU was hired for zoning Mr. Rendleman has only been attending the supervisors meeting. Mrs. Tonkin who was Chairman of the planning commission recommended that Mr. Rendleman continue to attend the planning commission meetings. Mrs. Green said there are situations where Mr. Rendleman’s attendance would be beneficial. However he would not have to attend all meetings. Supervisor Banach asked Mr. Rendleman for his thoughts. Mr. Rendleman said he doesn’t have a problem with that, the only reason he wasn’t attending is because it was not part of the agreement that was made with BIU. Solicitor Bernathy said this should be handled on an as needed basis as there are situations in the beginning of the project where it is necessary for the zoning officer to be in attendance. Supervisor Flansburg will call Carl Fregoni the Regional Manager for BIU on Wednesday.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated the time has come to request review of the townships status with the state. That could be done by motion to consider removal from the Act 47 Plan. Mrs. Green said that Matt Domines is no longer with DCED. Supervisor Flansburg moved to request the Township’s review of the Act 47 Plan. Motion is seconded by Vice-chairman Fischer and carries with all in favor. Solicitor Bernathy said otherwise the Township continues to operate within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services.  Supervisor Melvin moved to approve report. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Review Zoning as per Signage: Supervisor Banach moved to schedule a workshop for January 23, 2013 at 7:00 PM. Motion is seconded by Supervisor Melvin and carries with all in favor. Supervisor Banach asked Mr. Rendleman if he will be available for that meeting. Mr. Rendleman said he would be available.

Berkheimer Agreement – Amusement Tax: Solicitor Bernathy said he has reviewed the agreement and he has a comment letter dated December 20, 2012. The agreement can be signed subject to those four changes. Motion is made by Supervisor Flansburg to approve the agreement with the four changes suggested by Solicitor Bernathy. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Eastern Pike Regional Police Department: Supervisor Melvin said he wanted to have the discussion because we did send a letter to the commission regarding the 12 month notice and they’ve had two other officers resign. They have to start discussing filling some of the vacancies. They are down three officers to date and are looking to replace two. The problem they are having is the letter is going to hinder an officer joining the Police Department and giving up a full-time job to come work at the Eastern Pike Regional Police Department. Vice-chairman Fischer said we are down part-time officers as well and on behalf of the community at large he feels the letter should be rescinded for the welfare of the department, the officers, and their families. Supervisor Flansburg said he feels before that could happen, the board has to have an intelligent conversation on why the letter was written in the first place and get an answer to those problems. Supervisor Flansburg said he does not know if the conversation should happen now or at a workshop meeting in the future. Solicitor Bernathy cautioned the board that some of this is regarding personnel which should be accomplished in executive session.

Supervisor Banach said we have to get the counsel of Matamoras Borough here to sit down and go over some of the issues. Solicitor Bernathy said he has already made that request via correspondence on behalf of the Supervisors but has not heard back. Supervisor Banach said the financial end of it needs to be worked out before we continue to dig deeper and deeper. Solicitor Bernathy said that they have agreed to work on the budgetary issues together commenting that it should have never gotten this far. Vice-chairman Fischer said the letter has made its point and all parties are coming together to try to keep any problems from coming up. Supervisor Flansburg questioned if the letter is retracted that all of the issues will be met. Supervisor Melvin said he felt the issues were budgetary. Supervisor Flansburg said there are a few other issues out there that need to be discussed and that he will gladly say publicly that he would retract the letter if all of the issues will be met.

Supervisor Banach felt we should go ahead and set the workshop meeting to get things ironed out. Solicitor Bernathy said he felt the main issue has been resolved by agreeing to include the supervisors in the budget process, further stating for whatever reason that hasn’t happened this past year. Vice-chairman Fischer said personally he believes the sooner we resend the letter the better off we are going to be. Supervisor Banach said until we look at our finances and come to the realization of what we can spend we cannot move forward, further stating there have been deals made that the supervisors had no knowledge of and we are expected to pay for it. Solicitor Bernathy said these are issues involving personnel and potential litigation and must be handled in executive session. Discussion followed. Vice-chairman Fischer moved to rescind the letter that was sent to Matamoras Borough Council regarding the intent to withdraw. Motion was seconded by Supervisor Melvin. Chairman Ewbank said we need to have guarantees that the issues will be met. Solicitor Bernathy said they have to recognize that this Township is one of the funding entities. Solicitor Bernathy said we have received a letter from counsel for Matamoras Borough that he immediately responded to and we have not heard back from them yet. We have in good faith asked for them to meet with us. Supervisor Banach said he’s been on the board since 2008 and has continually asked if the Police Department was union or not and the answer he’s been given is that it’s complicated questioning what’s complicated. Further stating that we have employees here who have not been given raises in years and we have supervisors who don’t take their salary yet the Police Department is given guaranteed raises, take-home cars, and insurance for their families. Vice-chairmen Fischer said that’s a benefit package they receive because their pay is not up to par for their job duties and there has to be a carrot to entice officers to come and work for the department. Vice-chairman Fischer further stated a motion has been made and seconded. Supervisor Melvin said from a budgetary standpoint he feels it’s incumbent upon the commission to see that Westfall pays no more than what we’ve paid this year or last year except for possibly $1,000 and clampdown on the spending. Supervisor Banach said the contract says it is based on the census and Matamoras has more residents and he feels the split should be 50-50. Further questioning why Westfall Township is taking the brunt of all the money. Further stating he is not against the Police Department, he feels they are doing a good job but we need to know if we can afford the department both now and in the future. The meeting needs to be done to get the issues resolved or were just kicking the can down the road. Solicitor Bernathy said he will follow-up with Matamoras Borough Council solicitor. Chairman Ewbank questioned if the letter is rescinded and three months later we find that we can’t work things out what happens with the letter. Solicitor Bernathy said you will lose a year and further stated that he never believed it was Supervisors intention to dissolve the Police Department the intention was that it was the only vehicle to put them on notice that the supervisors wanted to be made part of the budget process and for whatever reason they weren’t involved in 2012. The Supervisors want to make sure that doesn’t happen in 2013 and beyond. And we need to discuss specifically the effect the Regionalization Agreement has on this as well as the Collective Bargaining Agreement. That is what Solicitor Bernathy’s letter addressed and the sooner that meeting happens the better. Further stating that if they rescind the letter they have to go another year. Chairman Ewbank said our obligation is to the taxpayers of Westfall Township not to the Police Commission the Department or Matamoras Borough. Vice-chairman Fischer said he wants to remind the board that the Westfall Township share is only $15,000 more than the Westfall Township Police Department budget was in 2007 further stating that this only an approximate $2000 more per year.

Beth Brelje questioned Supervisor Flansburg on what his thoughts are. Supervisor Flansburg said he believed this has to be discussed in executive session. Solicitor Bernathy said he is advising that because this has to do with personnel, which is protected and privileged as well as potential litigation. Ms. Brelje said it sounds like a budgetary issue. Solicitor Bernathy said he keeps referring to two separate agreements which are the Regionalization Agreement in the Collective Bargaining Agreement and there may be breaches to those agreements and it is for that very reason why this needs to be discussed in executive session.

Ed Isaacson said he believes the letter is why we are losing officers because they are not sure about their futures and as far as the population goes Mr. Isaacson questioned how many hours per week the big box stores use of the police department. Further stating he knows officers that left the department because of the letter.

Chuck Pranski said this is going to become like Milford Borough which is known as the training ground for the Police Officers. Stating they will not stay with the department.

Supervisor Flansburg said if Vice-chairman Fischer can guarantee that his issues will be met he would rescind the letter. Vice-Chairman Fischer said he cannot guarantee that because other people are involved and he doesn’t know what the issues are. Further stating he does not have that kind of power. The only guarantee he could make is that they will address the issues. Supervisor Flansburg said he would like to go on record as stating he does not have a problem with the Police Department or the personnel. Chairman Ewbank agreed with Supervisor Flansburg’s comment. Supervisor Banach said eventually our employees with the Township are going to retire and we need to buy out their sick days and we need to figure out now how to do that by making cuts, making adjustments and running everything as a business, a money making business otherwise we are going to be at this point every year. Supervisor Flansburg said Matamoras Borough is at their max and they have no more money. They need to find ways to cut their budget as well.

Mr. Pranski suggested that the remaining three supervisors attend the police commission meetings, noting that Chairman Ewbank was at the last meeting. Supervisor Flansburg said that he and Supervisor Banach were at the meeting prior to that and at the last joint meeting between Westfall and Matamoras that we initiated we brought coffee and doughnuts and they publicly humiliated our Chairman at that meeting. Mr. Pranski questioned how things are not getting communicated or lost. Stating an accusation was made that things were being done behind our backs. Solicitor Bernathy stated that is a matter of compliance with an agreement. Stating this Township is a funding entity for that department very specifically pursuant to an agreement that may have been breached and that is something that needs to be discussed in executive session. Further stating we should move on. Mr. Pranski said everything needs to be discussed in executive session. Questioning the matter with Mr. Dombrosky saying the word around town is the supervisors of this Township made an offer to him that the insurance company advised against. And that there was no written agreement that he would get his job back. Solicitor Bernathy said we are not here to speak on that and that the matter has been settled. Solicitor Bernathy said that negotiations that led up to the settlement are not part of public record.

Beth Brelje said a few meetings ago when discussing the Dombrosky issue she was told the insurance was the subject of potential litigation, commenting that in fact it is not settled. Solicitor Bernathy said the Dombrosky lawsuit which is represented in court has been settled, however there may be further litigation. Ms. Brelje questioned if the Supervisors could discuss those issues about the Police Commission which are not matters of executive session. Solicitor Bernathy said yes they could discuss what issues are not executive session, and further stating that the Dombrosky litigation has been settled, the settlement agreement is a matter of public record. As a result of that settlement there may be further litigation that will be instituted by the Township against possibly the insurance carrier and those attorneys that represented the Township and that cannot be discussed. Ms. Brelje questioned Supervisor Flansburg on what those issues are that he can’t discuss. Supervisor Flansburg said they are matters of executive session. Discussion followed. Supervisor Flansburg then addressed Mr. Pranski stating it was he and Chairman Ewbank that were at the settlement hearing and they shared information with the board as they were supposed to do stating any information Mr. Pranski has is frankly bull and that he has no idea where he’s getting his information. Solicitor Bernathy said he is so factually incorrect and he has no idea where he’s getting his information. Mr. Pranski questioned if there was a written agreement that Mr. Dombrosky would get his job back. Chairman Ewbank said no. Solicitor Bernathy said that was a matter that was accomplished way back when in executive session. Mr. Pranski questioned why the township hasn’t fought this and left the meeting irate. Ms. Brelje said the supervisors have the option of discussing things outside of executive session. Solicitor Bernathy said he is advising against that because they would be circumventing the law.

Chairman Ewbank said it is time to move on. There is a motion on the floor to rescind the letter and Chairman Ewbank asked for a vote. Vice-chairman Fischer and Supervisor Melvin vote in favor. Supervisor Banach, Supervisor Flansburg, and Chairman Ewbank vote nay. Motion to rescind the letter does not carry. Chairman Ewbank said we need to move forward with the meeting that Solicitor Bernathy is talking about and then we can move on. Supervisor Banach said everyone on the board supports the Police Department but it comes down to money and it’s going to take the Police Commission, Matamoras Borough and the Township to get a plan for the future. Stating this is nothing personal and that everyone on the Police Department is doing a good job. Chairman Ewbank said everyone is construing that the supervisors want to get rid of the Police Department and that is not true. Discussion followed. Solicitor Bernathy said they’ve already submitted a letter in December requesting a meeting and we haven’t heard back. Further stating that nobody wants this, they want to move past this, however there have been issues regarding compliance with agreements that are in writing that have to do with budgetary issues and this Township participates in funding that department. For the collective bargaining agreement to give raises of 3% which has not been run by the funding entity, which are probably warranted, but that wasn’t run by the Township. Solicitor Bernathy went on to say there are other people in the Township including himself who have not received raises. Chief Stewart said if there are two people on the board part of the commission that were a part of that. Solicitor Bernathy said the decision needs to be made by the board in whole not by two members only and the board was not a part of this agreement. Chief Stewart questioned what would happen if Matamoras doesn’t want to meet. Solicitor Bernathy said he is going to contact them again.

Chief Stewart said it seems to be a fight between Matamoras and Westfall. Solicitor Bernathy said he is absolutely correct. Ed Isaacson questioned what would happen if Matamoras won’t meet. Supervisor Flansburg suggested going to Matamoras to discuss that.  The board decided to move on.

NEW BUSINESS:

Ordinance # 159: Solicitor Bernathy said the record should reflect there was no comment at the public hearing. Supervisor Banach moved to adopt Ordinance # 159. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Atlantic Ambulance – Starr Grolimund: Ms. Grolimund said she was here over a year ago requesting that Atlantic Ambulance be dispatched as closest unit. She is here today to ask that Atlantic Ambulance be dispatched as primary ALS service for all of Westfall Township. If they are not available it would then go to the closest unit. Supervisor Melvin questioned if this is just for ALS not BLS. Ms. Grolimund said that is correct. Supervisor Flansburg asked for input from the fire chiefs. Mr. Koferl said Care One has been in and out of the service area and the last two years they were nonexistent. Atlantic Ambulance is here all the time. Mr. Koferl said if Care One is not in Port Jervis when they are dispatched and they are in Greenville 5 minutes goes by before the second ambulance will be called out. Further stating that for a heart attack patient five-minutes is too long. Supervisor Banach questioned if they go to every call. They will only go to ALS calls. Supervisor Flansburg questioned what needed to be done. Ms. Grolimund said the supervisors need to send a letter to the communication center requesting that Atlantic Ambulance be the primary responder for Westfall Township for ALS service. Supervisor Flansburg moved to send the letter. Motion was seconded by Supervisor Banach and carried with all in favor. Solicitor Bernathy asked the chief if he is recommending this and whether this will affect a positive response time. Mr. Koferl said yes this is on his recommendation.

PA Route 6 Alliance: Mrs. Green said a letter was received today from the PA Route 6 Alliance who wishes to designate Route 6 as a Scenic Byway. This involves 110 municipalities and 14 counties. However this would involve a 660 foot right-of-way in which no new signs or billboards would be able to be erected. Supervisor Banach said it’s just another level of government asking us to do something where we will not be compensated.

Chairman Ewbank said this would go against the help we are trying to give to Home Depot. The supervisors decided not to take action.

Transaction Tax: Solicitor Bernathy said a workshop has been scheduled for January 23, 2013 and this item should be added to the agenda. Motion to add this to the agenda made by Supervisor Melvin. Motion is seconded by Supervisor Flansburg and carries with all in favor.

SUBDIVISION REVIEW AND ACTION: None

ADJOURNMENT: Meeting was adjourned at 8:32 PM on a motion by supervisor Flansburg. Motion seconded by Supervisor Melvin and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary

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Westfall Township, Matamoras, PA

January 7, 2013

A public hearing was held on Monday, January 7, 2013 for the purpose of taking public comment on the proposed Ordinance # 159 which amends Westfall Township Ordinance # 31. The meeting was held at the Westfall Township office on Delaware Drive and LaBarr Lane, Matamoras, PA 18336 at 7:30 p.m.

Those present were Chairman, Robert Ewbank, Vice-Chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg, and Robert Melvin; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Bill Schneider, Bill Koferl, Ed Isaacson, Chuck Pranski and approximately 15 members of the general public.

Solicitor Bernathy stated that Ordinance # 159 amends Ordinance # 31 which has to do specifically with traffic and parking regulations which was originally adopted November 25, 1974. This has to do with the time provision in section two and the penalty provision in section seven. The time provision will now reflect that parking is prohibited on all streets of the township at any and all times between the hours of 11:00 pm and 6:00 am November 1 each year thru April 1 of the following year and during any snowstorm.  Section seven; the penalty section will be changed to reflect that violation of the provision of the ordinance shall on conviction be sentenced to a fine of $15.00 in addition to the cost of prosecution.

Solicitor Bernathy stated that this ordinance was advertised in the Pike County Dispatch. Proof of publication will be made available to the public and made part of the record.

Solicitor Bernathy asked for public comment.

With no public comment being offered Supervisor Banach moved to close the public hearing 7:31 pm. Motion was seconded by Supervisor Melvin and carried with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary

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