May 1, 2012
The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, May 1, 2012 at 7:08 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, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer,Scott Myer; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Roadmaster, Bill Schneider; Luis Bocaletti, Jay Edwards, Lisa Mickles, Nate Oiler of R.K.R. Hess, Jonah Mandelbaum, Lara Dodsworth, Ann Marie Catalano, Lee Cokelette, Matt Osterberg, Judee and Jeff Doughman, and approximately 22 members of the general public.
Prior to the start of the meeting a 6:30 PM presentation was given by Peter Wulfhorst on Marcellus Shale and its impacts. The meeting was opened with the Pledge of Allegiance.
AGENDA: The agenda was amended to add # 11) the hiring of a third person part-time for the highway department and # 12) Compensation forLisa Green for clean up day. Supervisor Banach moved to approve the agenda. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Public Comment: Anne Marie Catalano of Milford Landing asked if there is any progress with the widening of 209 with PennDOT regarding the storm water run off especially around Milford Landing, because she had received a letter from their engineer about a year ago thatMilford landing could not take on anymore storm water especially from 209. Chairman Ewbank said the only thing we know about it is the plans they have and that it’s supposed to start in 2013 to be a four-lane roadway from the school to Price Chopper. Mrs. Catalano said she just wants to bring to the board’s attention that they really need to pay attention to the storm water runoff and what PennDOT is going to do, and what it’s going to do toMilford landing because this is a very low area by the school. Stating Mr. Miller’s property is raised above Milford Landing. Solicitor Bernathy said Mrs. Catalano has to understand that this is a state project and the Township has very limited regulated authority. However, we are cognizant of it.
Judy Doughman commended the town along with the Police Department for taking care of the tunnel. She hasn’t noticed any other illicit activity. She apologizes for missing the last meeting and questions if there was any information gathered on the camera system or long-term solution for the tunnel. Supervisor Melvin said they were looking to get bids. Chief Stewart said he did not get the bids yet, however they did indicate it will be expensive.
Supervisor Flansburg requested donations for the military as he will be going to the Pennsylvania State Association of Township Supervisors Convention this weekend. He asked if the residents would find in their heart to donate he would appreciate it.
MINUTES: The Minutes of the April 3, 2012 regular meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Melvin and carries with all in favor.
Minutes of April 26, 2012: Tabled
Minutes of June 7, 2011 meeting were approved to add the name of Shawn Bolles to the list of people in attendance at the meeting; he was not named in the original minutes. Motion is made by Supervisor Banach. Motion is seconded by Vice-Chairman Fischer. Supervisors Flansburg and Melvin abstain. Motion carries with three in favor.
TREASURER’s REPORT:Scott Myergave the treasurer’s report for April stating that this time of year is as expected. Supervisor Melvin questioned if there is anything we were overspending at all. Mr. Myer mentioned we are 33% through the budget and that there is nothing noteworthy to report. Supervisor Flansburg moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.
POLICE REPORT: Police Chief Stewart gave the report for April stating there were 6,650 miles patrolled for the month and 176 calls for service. Supervisor Banach moved to approve the police report. Motion is seconded by Vice-Chairman Fischer. Motion carried with all in favor. Chairman Ewbank asked the chief about the letter he received from Assistant Chief Eric Stewart regarding police training at the compost facility. Chairman Ewbank said that Asst. Chief Stewart was talking to him about bringing cars up to use them for ballistic testing and such, and his concern was whether or not we would be held liable even though it had been done in the past. Solicitor Bernathy questioned if our insurance carrier was aware of that. Stating the first thing would be to put them on notice. That may resolve the issue, because if we have insurance for it, and it is the police there would be no issues for it because they are using it responsibly. Solicitor Bernathy questioned if the police policy covers that sort of training. Chief Stewart said it does. Solicitor Bernathy asked if the police policy would addWestfallTownshipas an additional insured. Mrs. Green will contact our insurance carrier tomorrow. That will solve the issue. Supervisor Banach asked if the Police Department had caught burglars because there is a rumor going around that they had. Chief Stewart said they did not get them. They did catch some but not the ones on Cummins Hill.
FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for April reporting 5 Mutual Aid structure fires, 2 Landing zones, 3 Motor Vehicle Accidents, 1 Smoke Investigation, 4 M/A brushfire, 2 Vehicle fire, 2 Brush fire, 2 Haz Mat, 1 Standby, 1 CO alarm. Total calls for April are 23. Westfall EMS calls 46 toWestfallTownshipfor covering Squad 33:2 covering Squad 19: for total of 52 calls.
Jay Edwards gave the Mill Rift Fire Department report stating they had a brushfire on Cummins Hill road on 4/7, pump training on 4/8, monthly meeting on 4/10, brush fire mutual aid station 26 4/14, brush fire mutual aid Milford 4/14, ran pump military tanker 4/17, drive for training 4/18, high angle rescue drill Hawks nest to Mill Rift 4/29. Mr. Edward said there is a total of 80 man-hours and 53.5 equipment hours for the month
Supervisor Melvin questioned if there was any progress on the hepatitis C testing for any new members. Mr. Bocaletti answered they have had progress. There have been two new members for Westfall Township Fire Department. Solicitor Bernathy asked if they were up to date on suspensions and if there were affidavits on a yearly basis on license suspensions, questioning where we are on that. Mr. Bocaletti said they are trying to do a yearly information packet. Mr. Bocaletti said they’re on the self reporting basis right now. They do history checks on new members. Discussion followed. Solicitor Bernathy suggested that they sign an affidavit on a year to year basis from the time the history check is done and that will be done from now on for both departments in the Township. Motion to approve the reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Flansburg and carried with all favor.
HIGHWAY REPORT: Bill Schneider gave the report for April stating that they worked on the compost facility, cleared roads and intersections, worked with Nelson tree service, set up for primary day, set up for the dumpsters for cleanup day on April 28. Set up for the planning board meeting. Started work on Decker Lane and worked on Glasshouse Hill project. Worked with the Delaware River Joint Toll Bridge Commission to sweep the roads. Worked on Bell manner on some shouldering. Supervisor Melvin moved to approve the highway report. Motion is seconded by Supervisor Banach and carries with all in favor.
BUILDING/ZONING REPORT: Mike Rendleman gave the report for April reporting 10 building permits, one electrical, one sign and five zoning permits, with fees of $18,219.50. Motion by Supervisor Flansburg to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.
CORRESPONDENCE: On dais for review.
Act 47 Monthly Report: Solicitor Bernathy stated as is common knowledge the township is past our two year anniversary of the Federal Bankruptcy Courts signing the order confirming the Townships Bankruptcy Plan as well as the Act 47 Recovery Plan which amounts to final disposition of the bankruptcy plan. The Township is operating within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services. Solicitor Bernathy says he still awaits word to see if we could remove this from the agenda as a required item. He believes that Chairman Ewbank spoke to Matt Domines from the DCED. Mr. Myer said it should be out of Act 47 by July. Supervisor Banach moved to approve report. Motion is seconded by Vice-Chairman Fischer and carries with all in favor
Compost Facility: Chairman Ewbank said the compost facility will be closed through Wednesday, as there are still dumpsters there that need to be removed. There was talk about the facility being closed Monday, Tuesday and Wednesday and open Thursday, Friday, Saturday from 9 to 5 and having someone monitored the gate. Chairman Ewbank asked if we still want to do that. Supervisor Flansburg asked what information he found out about the gate. Chairman Ewbank said he met with a gentleman about the gate today he was supposed to send a quote but it hasn’t been received. The gate is around $3500 and we have to run the electric. He suggested we don’t have the facility open 24 hours a day because there’s a liability issue because it’s not lighted. Solicitor Bernathy said that is a carrier issue. His suggestion was to leave the existing gate there and lock it for the evening, while leaving the armed gate up. Supervisor Banach said that we did advertised having the facility closed so we will have somebody out there for the three days. Further discussion was held about the gate. Mr. Myer said that there was $300 collected this year and none last year for fees. A Highway employee will man the gate for the three days that it is open this week and next.
Fire Loss Ordinance: Solicitor Bernathy said there is a notice that he has prepared in front of the board that needs to be advertised for public hearing at their next meeting. Supervisor Flansburg moved to advertise the notice for public hearing of the fire loss ordinance for June 5 at 7 PM. Motion is seconded by Supervisor Melvin and carries with all in favor. Supervisor Banach asked Solicitor Bernathy to clarify the ordinance. Solicitor Bernathy said this is so that we have sufficient funds to clean up after a fire in the event of problems.
Joe Popowycz/Team Depot-Tunnel Painting: Chairman Ewbank Joe Popowycz will be painting the tunnel with his team. They will supply the paint, the manpower and everything to paint the tunnel. However they supplied us with their certificate of insurance not naming us an additional insured. We did tell him that we need to be named. Mr. Popowycz was going to come tonight but his son is receiving an award. The date scheduled to paint is June 14, 2012 with a rain date of June 21, 2012. Mrs. Green will follow up with the insurance.
Pike County Training Center Dedication Ceremony / Sunday, June 3, 2012: Chairman Ewbank said the Pike County Training Facility is going to have a dedication ceremony at 1 PM to 4 PM we need to RSVP by May 15th.
Commissioners Request Assistance of all Fire Police for Sunday, June 3 from 11 to 4 For Training Ctr.: Chairman Ewbank said the Commissioners are requesting all Fire Police be available for the training center. Jay Edwards said this is the same day as the Fire Police annual picnic. Solicitor Bernathy said the Commissioners want some advises that the Fire Police will be there. Luis Bocaletti said they’re Fire Police will be there. Ken Zielazny said their Fire Police will be there as well. Mr. Bocaletti is requesting permission to be out of town that day. Supervisor Banach moved to grant permission to the Westfall Fire Department and Mill Rift Fire Department to be out of town June 3, 2012 to the training center inLords Valley,PA. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.
Lease Agreement/ Westfall Township and Faith Family Fellowship: Solicitor Bernathy said we have a lease that he has prepared and approval is needed to forward that to Faith Family Fellowship. Supervisor Banach moved to approve the lease with Faith Family Fellowship motion is seconded by Supervisor Melvin and carries with all in favor. Lee Cokelette questioned if it is all right if they use the building another night of the week aside from Sunday morning for Bible study. Solicitor Bernathy said our understanding is for any type of religious services and that is one of the religious services you provide. Supervisor Flansburg said he believes he is asking to use on Wednesday or Thursday evening. Solicitor Bernathy said he understands that what he is saying is that the lease provides for that. It is on a per day basis and if we get a full-time tenant Faith Family Fellowship has the right of first refusal. The rent is $20 per day on an as needed basis. The secretary said we did receive the insurance certificate.
Request by Keith Raser, Director of Transportation to attend Township meeting on July 3, 2012: Chairman Ewbank said Keith Raser would like to come to the meeting on July 3, 2012. The secretary will let him know he is welcome to attend.
Draft Road Use Agreement: Chairman Ewbank asked if these were from Joe Hudak. Mrs. Green said one is from the County and the other two were received from Joe Hudak. Supervisor Banach said the one he received from Joe Hudak is more useful with the exception of number eight which should be changed from upon completion to during and upon completion. Discussion followed. They will be tabled for now.
Termination of Waste Management Contract: Chairman Ewbank said we had the contract with Waste Management with the charge of $61.60 per month. Mrs. Green said they used to charge that they are now charging $87. We have a quote from Marangi for a price of $45 for the same service. Supervisor Banach asked for contract term. Mrs. Green didn’t get a contract term yet. Solicitor Bernathy said you have a copy of the contract that was signed on August 10, 2009 he wants to be careful that were not subject to liquidated damages. Any motion that we make will be subject to contractual provisions of the service agreement. Mrs. Green said the rates increased. Solicitor Bernathy said pursuant to the contract they need to give us written notification of the rate increase, questioning if they had done that. Mrs. Green said they did not. Solicitor Bernathy said them we may not be responsible for liquidated damages. Mrs. green said when she called them they told her she could terminate the contract as long as she gave them 90 days written notice. Chairman Ewbank said they are not terminating the contract they are just not renewing. Solicitor Bernathy said the motion would be to direct Mrs. Green to send them notice Supervisor Flansburg moved to send that notice. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Mrs. Green said she will obtain phone quotes for other waste haulers.
Resolution 2012-2 List of Records to be Disposed of: Chairman Ewbank read the resolution 2012-2 and the list of records to be disposed of which is attached to these minutes. Chairman Ewbank said that he received an e-mail from Cintas saying they could come to dispose of the records on May 16, 2012 and asked the secretary if that would work for her. Mrs. Green agreed to the date. Supervisor Flansburg moved to approve the resolution. Motion is seconded by Vice-Chairman Fischer and carries with all in favor
Westfall Senior Apartment Project: Representatives: Nate Oiler, R.K.R. Hess, Associates, Jonah Mandelbaum, Warwick Properties, Lara Dodsworth
Solicitor Bernathy commented that we would agree as we did at the past meeting that this is informal and you are not to rely on any representations made by the supervisors, understanding that this is going to be pending before the supervisors for purposes of land development and conditional use. Mr. Oiler agreed and said that this is the Westfall Senior Apartment Project which is proposing a 94 unit affordable housing project. This is at the end ofHulst Driveand was the proposed Phase 2 Paddlers Point Project. It consists of 94 single bedroom units. Mr. Oiler introduced Jonah Mandelbaum from Warwick Properties, the Developer. Mr. Mandelbaum said this rendering is the exact same building as the one in New Windsor. Everything is incorporated inside the building. The rents will be running from $369-$739. Income starts from $13,800-$27,600 Supervisor Flansburg said being it is a senior complex do you have problems with the second and third floors. Mr. Mandelbaum said the floors all have ADA Compliant Elevators. Supervisor Flansburg asked Mr. Mandelbaum how old the building was in the picture, stating it looks like he does very good maintenance. Mr. Mandelbaum said Jeff could attest to that he used to work for him. Mr. Mandelbaum said they had their own maintenance team that works on the building. Mr. Gregory said his mother lived at Water’s Edge and the buildings were very well maintained. Mrs. Catalano asked if they are going to have handicap apartments. Mr. Mandelbaum said they are all inADAcompliant. Supervisor Banach asked how a resident gets on the list. Mr. Mandelbaum said three months before the C/O they start putting people on a list, sometimes with the Township Clerk. Solicitor Bernathy said he prefers that it be kept private with Mr. Mandelbaum’s office rather than with the Township. Supervisor Banach asked where we go from here. Solicitor Bernathy said we’ve gone through a lot of the details at our past meeting commenting that Mike Rendleman wasn’t available at that meeting. Solicitor Bernathy said they’re going to need land development approval. He further stated that we’ve been comparing and contrasting Age Restricted Housing and theIndependentLivingRetirementCenter’s we provide for and this will have a lot less impact. Solicitor Bernathy said he does not feel this is a use we specifically provide for within our ordinance and therefore he believes they should apply for conditional use approval based upon the size of the site. Mr. Rendleman said his concern was not about the parking however under townhouses and apartments in the zoning ordinance the zoning law is eight units for any building. Solicitor Bernathy stated that one of those tenants needs to be age 55 or older. Mr. Rendleman stated again the regulation of eight units for any apartment building further adding that the independent living retirement center we already have does not meet our ordinance however it was constructed under the former ordinance. Mr. Mandelbaum said the height of the building will be less than 35 feet. The first three floors are occupied. The building will be sprinkled. Supervisor Banach questioned where they go next. Solicitor Bernathy said they submit their land development application, and their conditional use application, they paid their fees and they’re on their way in front of the Planning Commission.
Meet with BIU to Set Fee Schedule: Chairman Ewbank said they need to meet with BIU in executive session to go over their fee schedule. Solicitor Bernathy questioned if this should be in public. Chairman Ewbank said they just wanted to have a workshop with them. Solicitor Bernathy said they could have an executive session and announce that their next meeting.
Chairman Ewbank said at their last meeting last Thursday night they decided to terminate the building inspector for cost conserving measures and in turn hired BIU to replace him. Solicitor Bernathy stated they are a third party company. It will be a total turn key operation and the contract is being reviewed by the solicitor.
Hiring of Part-Time Highway Employee: Discussion was held regarding the hiring of a part-time Highway employee and the funds available for that. There are funds available that are being saved from the building inspector’s salary. Mr. Myer said we are ahead in the Road Department budget. Supervisor Banach moved to hire Richard Mai at will, part time, as needed for the Hwy., Department at a rate of $15 per hour as he is a CDL driver. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Compensation of Cleanup Day for Lisa Green: Chairman Ewbank said that we just had cleanup day andLisa Green was here for six hours collecting money. Since this is out of her job scope we need a motion to pay her. Supervisor Flansburg moved to pay Mrs. Green. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Mr. Myer questioned if this was at her normal rate of pay. It is.
SUBDIVISION REVIEW AND ACTION:
Delaware Valley School District Gym Addition: Representatives: Rock Stahovic-Greenman-Pederson, Inc.
Rock Stahovic introduced himself to the board stating the project is a joint project. The first is to demolish the existing elementary school main campus. They will then build a brand-new school in MilfordTownship. On the high school campus where the existing elementary school is they will be adding a gym that’s going to be attached to the Natatorium side of the school. That’s going to run between the PE building which is right in back of the elementary school. Also as part of this project they’re adding bleachers to the visitor side of the football fields, the concession Fieldhouse to the visitor side and brand-new dugouts for the baseball fields. The parking is going to be reorientated. There is going to be the same amount of parking it’s just going to be reconfigured. Another athletic field is going to be added. Mr. Stahovic stated they were in front of the planning commission last week and they received the review comments from the Alternate Engineer. The planning commission made the recommendation to forward the application to the supervisors. There are two conditions were to address Pike County Office of Community Planning comments, which they have not received as of today and also the NPDES permit which is in the review process right now. Solicitor Bernathy said there are also two waivers. Mr. Stahovic said the first waiver is for the sidewalk. They are requesting a waiver from section 608.5 of the Subdivision and Land Development Ordinance. Mr. Stahovic stated this property has been previously developed and there are no sidewalks along any portion of the frontage of this property or even any property in the vicinity of the DelawareValleyschool district property. There is concern for the safety of any pedestrians polluting the students of DelawareValleythat by adding a sidewalk along the frontage you’re inviting pedestrians to the SR 6 and 209 is a very busy throughout even during the hours when school is starting and letting out. DelawareValleySchool Districtdoes not want to entice students use the sidewalk along this portion of the SR 6 and 209 and jeopardize her safety and well-being. The second waiver is concerning the bleachers. Mr. Stahovic states the bleachers require federally mandated ADAaccessible ramp to access handicap seating. This ramp will be located approximately12 feet into the side setback adjacent to the Walmart property. The land for these bleachers was originally purchased from Walmart for the purpose of installing bleachers. Section 803.B.2. Projections Into Required Yards state steps stoops fire escapes, handicap ramps and landings necessary to provide entrance to buildings may be located within a required setback. At the April 24WestfallTownship planning commission meeting it was the unanimous opinion of the commission that the bleacher should be left in the location currently indicated and that the ramp should not be considered a violation of the zoning ordinance. We respectfully request your concurrence. Supervisor Banach said they would agree to the bleachers but not the sidewalks. Supervisor Melvin agreed stating they would like to encourage the use of sidewalks in the Route 209 corridor. Further stating it is a free-for-all on Friday nights. Chairman Ewbank asked if we had agreements with some of the businesses to install sidewalks once the widening of 209 was complete. Mrs. Green stated she believed there was with Advanced Auto Parts and Taco Bell. Chris Lordi from theDelawareValley school District stated that he believed the sidewalks within the Walmart and the Taco Bell and the other stores are not on Route 6 and 209. Vice-chairman Fischer said he believed they were all in agreement with the sidewalks. Discussion was also held that the widening of Route 6 and 209 which is stopping at the school district’s property line. Supervisor Banach stated that he and Mrs. Banach wrote a letter to the school to have a guard rail put out the kids were running out onto the highway to get soccer balls. And now this offense up also. Chris Lordi said he believes if they have to put the sidewalk in it will be a sidewalk to nowhere. Supervisor Banach said we’ve been working on this for several years to get sidewalks along Route 6 and 209 and eventually all the businesses will have them. Solicitor Bernathy said we have review comments from the Pike County Conservation District stating the NPDES permit is incomplete and we cannot give approval and till we receive that approval. Solicitor Bernathy said we are not in a deemed approval scenario and he is asking the school district for a 90 day extension. That will be done. Solicitor Bernathy said that they have setbacks in the planning commission unanimously approved the waiver for the bleacher setbacks. You have your engineer review comments you await the comments from thePikeCounty planning commission, it is not right for disposition. With that said this will be an item that will be carried on the supervisors agenda and we for the County review.
ADJOURNMENT: Meeting was adjourned at 8:20 pm on a motion by Vice-Chairman Fischer. Motion seconded by Supervisor Banach and carried with all in favor.
Lisa A. Green