Westfall Township, Matamoras, PA
July 3, 2012
The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, July 3, 2012 at 8:06 pm following a Conditional Use Hearing for the Westfall Senior Apartments. 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 Chad Stewart, Bill Schneider, Luis Bocaletti, Ken Zielazny, Joseph Hudak, Mike Barth, Keith Raser, Jerry Dotey, and approximately 12 members of the general public. Treasurer, Scott Myer and Zoning Officer, Michael Rendleman were not present.
AGENDA: The agenda was approved on a motion by Vice-Chairman Fischer. Motion is seconded by Supervisor Melvin and carries with all in favor.
PUBLIC COMMENT: None
MINUTES of the June 5, 2012 regular meeting and public hearing were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Flansburg and carries with all in favor.
TREASURER’s REPORT: Chairman Ewbank read the synopsis provided by Scott Myer stating that we are at the midway point of the year or 50% of the way through the year. We have collected almost 94% of budgeted real estate taxes. Westfall’s income today is already a 92% of budget. Expenses are approximately 50% of budgeted for the year. In summary, income is at or above budget, and expenses are exactly in line with budget so all is good to date from a financial perspective. Supervisor Banach 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 June stating there were 6,573 miles patrolled and 257 calls for service. Chief Stewart said they have been doing enforcement on the crosswalks in Matamoras as well as speed on Delaware Drive, and they will be having two DUI checkpoints during the next two months somewhere in the Township. Supervisor Flansburg moved to accept the police report. Motion is seconded by Supervisor Banach and carried with all in favor. Supervisor Banach questioned how many motorcycles the Police Department has. They have two. Supervisor Banach also asked if they lost two officers. Chief Stewart said two of their officers are on the waiting list for the State Police. Chief Stewart said they will be replaced once they have left. Supervisor Banach said he sees the dog issue is being raised again. Chief Stewart said that has nothing to do with the Police Department. It is a separate group of people, an organization named Friends for Canine that are a nonprofit organization trying to raise money to get a police dog. Discussion followed. Chief Stewart said the organization was told that $40,000 would be the costs associated with obtaining a dog, and this hasn’t been finalized by the commission. Chairman Ewbank asked if it was true that their second motorcycle was donated. Chief Stewart said yes everything but the radio was donated. Vice-Chairman Fischer said the two officers that are going to the state police are the two highest graduates and their class, further stating that is the feather in the cap of the Police Department. Chief Stewart said the officers were Sal Gattuso and Chris Linehan.
FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for June reporting 2 Mutual Aid structure fires, 2 Landing zones, 6 Motor Vehicle Accidents, 2 Auto Alarms – Commercial False, 1 Standby, 4 Trees on wires, 1 EMS assist, 1 Environmental rescue, 1 Water rescue, 1 Smoke investigation, 2 Mutual aid fire alarms, 1 CO alarm, 3 Public service calls. Total calls for June are 27. Three firefighters completed essential 160 hours training over three months, three state classes were held in station, 15 members each three and half hour classes, 12 members attended a four hour course at the new fire training center. Total training hours for the month of June 205 hours. Westfall EMS calls 33 to WestfallTownship, 17 covering Squad 33, 3 covering Squad 19, for total of 53 calls.
Ken Zielazny gave the Mill Rift Fire Department report stating they had two drills, a public service on the 20th for two pool fills, 22nd they had a mutual aid and standby to Matamoras with the river rescue on the same day. On the 27th they had Columbia Gas representative take them to the valve station in Mill Rift to go over that and they also had a PowerPoint presentation at the station on gas transmission. Mr. Zielazny said they would like to ask permission to go to the Port Jervis parade on Saturday, July 7, 2012. Solicitor Bernathy asked if there were any insurance or liability issues for going out of state. Mr. Bocaletti said that as long as they ask permission there is no issue. Supervisor Banach moved to approve fire department reports as well as grant permission for Mill Rift to attend the parade. Motion is seconded by Supervisor Melvin and carries with all in favor.
HIGHWAY REPORT: Bill Schneider gave the report for June stating that they worked on pot hole patching, trimming Township right-of-ways from trees and brush, working on shoulders and ditch repairs throughout the Township. They performed maintenance on the compost area as well as the equipment. Performed mowing around the red light controls and the Township properties, had two meetings with PennDOT representative on the estimates for Glasshouse Hill paving, stating the estimates came in high. PennDOT representative will break the bids down into separate roads. The base repairs of the roads will be done by the Township. Brush hog mowed rights-of-way of Reuben Bell drive, Heaters Hill road, and Pond Drive. They put the tarp on the Ford 550 to keep the blacktop hot and will be doing a lot of black topping repairs on the Township roads. They finished the mitigation project on Decker Lane for FEMA reimbursement. Attended the road task force meeting and found out that Foster Hill Road will be trimmed by PennDOT starting July 2, 2012. Mr. Schneider said PennDOT asked if they could dump the wood chips in our compost facility. Discussion followed. Chairman Ewbank said this would be taken up during executive session. Supervisor Banach moved to approve the report. Motion is seconded by Supervisor Melvin and carried with all in favor.
BUILDING/ZONING REPORT: Chairman Ewbank gave the report for June reporting 7 building permits, and 5 zoning permits, with fees of $4,289.74. Motion by Vice-Chairman Fischer to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.
CORRESPONDENCE: On dais for review.
Chairman Ewbank said we are going to switch things around and have new business first before old business.
Keith Raser: Director of Transportation: Keith Raser, Director of Transportation for PikeCounty introduced himself to the board and public and gave a presentation on the various programs PikeCounty transportation offers. They have the shared ride program (SR) for seniors who are 65 and over. There is the (MATP) which stands for medical assistance transportation program. You must have an access card to participate in this program. There is a people with disabilities program (PwD) covers people from 18 to 64. Disabilities include physical, mental, or major life activities, and the last program is for the general public (GP) which is basically like taking the taxi. Mr. Raser said there are about 22 vehicles and the program budget is $1.7 million. Mr. Raser said the buses are paid for by the Pennsylvania lottery and gave some details about the kidney dialysis run they perform as well as a list of other doctors and hospitals they travel to. Information will be left with the Secretary for anybody that’s interested and you must be registered to use the program. Michael Barth questioned contact information for a friend of his who’s a veteran and just moved to the area. Mr. Raser said everything is listed on the brochure or you could go online and download the brochures and applications. Supervisor Flansburg suggested we provide a link through the Westfall website to the PikeCounty transportation web address.
Exoneration of Delinquent taxes: Miles Hudgins $60.49: Supervisor Banach moved to approve the exoneration. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Availability of UDC Technical Assistance Grants 2013: Lisa green stated we were notified by the UDC about this grant. We’ve received grants before through the UDC in the amount of approximately $2500. Mrs. Green wanted the board to be aware of the availability of the 2013 grant in the event they wish to update the zoning or SALDO ordinance. Chairman Ewbank said the grant application is due August 31, 2012.
Floodplain Manager: Lisa Green stated this was tabled from the last meeting and she has received information from Mike Mrozinski on duties of the floodplain manager. Mrs. Green stated it is up to the board to decide who they would like to appoint. Motion was made by Supervisor Melvin and to appoint chairman Ewbank to this position. Motion is seconded by Supervisor Flansburg and carries with all in favor.
Act 47 Monthly Report: Solicitor Bernathy stated we are expecting to be removed from act 47 this month. 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 said he still awaits word to see if we could remove this from the agenda as a required item. Supervisor Flansburg moved to approve report. Motion is seconded by Supervisor Melvin and carries with all in favor.
Compost Facility: Chairman Ewbank said he and Supervisor Banach met with three representatives of Matamoras Borough Council last month and found that there were a lot of things they were doing wrong regarding the compost facility. They decided to close the facility to all commercial businesses effective immediately. It is strictly to be use for residents of Matamoras and Westfall and the only thing that they were supposed to have brought there is leaves and brush. Chairman Ewbank said the hours of operation are 8:30 AM to 3:30 PM Monday through Friday and 9 AM to 1 PM on Saturdays with the exception of Saturday, July 7, 2012 when the compost facility will be open from 9 AM to 11 AM.
Fire Protection Contract: Solicitor Bernathy said the board has a proposed contract before them he is not sure if they’ve had an opportunity to review. Discussion followed regarding the draft contract. Luis Bocaletti said they had comments on the contract and questioned if it was going to be approved as is. Mill Rift has not seen it yet. This item will be tabled until the next meeting. Michael Barth questioned if this was something new and why the board was doing it now since the fire department has been around forever. Solicitor Bernathy said this is something we need to comply with for the State. Further discussion followed.
Revise Fee Schedule for Commercial Fees:Lisa Green said this is for discussion purposes nothing was drafted. Supervisor Banach said we did not put in the schedule an amount to charge for someone who is not using square footage, or a cost for a commercial project that was just adding something new. Supervisor Banach said the school district was doing a project that was not based on square footage so we need to update our fee schedule and come up with the cost for that. What we had done was to use BIU’s fee schedule of .015% of the total construction costs. Supervisor Banach also asked if the board wanted to include 20% for administrative costs on commercial projects. Mrs. Green said BIU did not put that in the contract. Supervisor Melvin said we could do an addendum to the contract. Solicitor Bernathy said he did not have an opportunity to review the contract and would need five business days to review it. Supervisor Banach moved to add the 20% administrative costs to commercial projects, add renovations of existing buildings to $.75 per square foot, and alterations & renovations would be .015% of the total construction costs. This contract is subject to review by Solicitor Bernathy. Motion is seconded by Supervisor Fischer and carries with all in favor.
BIU Contract: Covered under revision of fee schedule for commercial fees.
Memorandum from Mike Rendleman or Re: Malibu Dude Ranch: Chairman Ewbank said we have a memorandum from Mike Rendleman regarding the Malibu Dude Ranch. The bottom line is that they are conforming with the rules and regulations and are not in violation of anything. Mr. Rendleman said “In accordance with Section 805.C.3 of the Westfall Township Zoning Ordinance Number 124, it is my opinion that the scheduled events do not constitute an expansion of the pre-existing nonconforming use.” Supervisor Banach said he took a tour up there after the complaints came in and they have really done a nice job up there. They have 50 full-time employees now and it is an asset. Supervisor Banach said we should check and see that they’re paying the local service tax. Solicitor Bernathy said it is the position of the zoning officer that Malibu Dude Ranch is a pre-existing nonconforming use. Solicitor Bernathy stated they had events going on for at least 30 years which predated any ordinance or applicable rules of the Township and the Supervisors had asked our zoning officer to investigate and provide a memorandum which is what we have here. Luis Bocaletti said he followed up with the fireworks issue and that they submitted the size of what they were going to use and the Assistant Chief was on site. Solicitor Bernathy said just so the public is aware there were a lot of regulations governing the fireworks on June 2, 2012, there was a public hearing and many conditions were placed on them, further stating they were compliant with all of them. That is a part of the record if anyone cares to examine it.
Update SALDO-Traffic Signals: Joseph Hudak said there was a letter dated April 30, 2012 in regard to updating the SALDO with regard to traffic signals. This was in response to an issue that was brought up in March regarding the Township’s ability to mandate that people use generators and bells and whistles on traffic signals. When Mr. Hudak went through the ordinance the table as it currently exists it says in SALDO Table 6-1 which lists Traffic Lights and Signs as a type of improvement, with the corresponding Minimum Improvements Required by Type of Subdivision or Land Development Note: c- “the Township Planning Commission and the Board of Supervisors may require according to individual site characteristics.” His recommendation would be to add a new note to the SALDO that the Township Planning Commission and the Board of Supervisors may require according to the results of an engineering and traffic study, and engineering judgment, in accordance with the policies and procedures in PennDOT Pub 46-“Traffic Engineering Manual.” Mr. Hudak said in that way we have the technical basis for adding a signal or saying it’s not warranted and also for the signs. If you reference PennDOT Pub 46 every time that is updated you don’t have to update your SALDO. Solicitor Bernathy said to add the words ‘as amended’ to Pub 46 to cover that. Mr. Hudak said PennDOT will not provide the generator; they will make sure there light system is able to be powered by the generator. Further stating that his suggestion is to add another note that if a traffic signal is required the SALDO should say it shall be equipped with an external power source. So that the person that installs the light will have to provide the power source our back up system. Mr. Hudak said he would also suggest that the board offer a letter to the District4-0 Center stating the desire to have each of the traffic signals equipped with the generator. Supervisor Banach asked if he has a letter drafted that we could use. Mr. Hudak said he will provide a letter. Solicitor Bernathy asked if this would require an amendment to the SALDO. Supervisor Banach suggested applying for the TAG Grant to amend the zoning ordinance and SALDO together. Supervisor Melvin asked if we should have a workshop. Discussion was held regarding the Tag Grant. Mrs. Green said there is a meeting that we have to go to regarding the grant. Chairman Ewbank said the meeting date is Tuesday, September 11, 2012 at 6:30 in Narrowsburg to meet with the applicants. The application has to be submitted by August 31, 2012. We will find out in October whether we get it or not. Supervisor Banach moved to schedule a workshop for July 25, 2012 at 7 PM. Mrs. Green will take care of the advertising.
Marangi Service Agreement: Chairman Ewbank said we have the service agreement from Marangi to pick up the trash and questioned how often will be picked up. Mrs. Green said it would be picked up every other week at a cost of $45 per month with the first month free. Supervisor Banach pointed out that it is locked in for three years. Solicitor Bernathy said it initially says that it is for the term of three years from the effective date, but it also says if you wish to terminate the contract before the expiration date that the contractor shall receive the balance of the contract paid in full. That is a concern for Solicitor Bernathy because he would like the Township to be able to terminate services and not be on the hook for services that are not being provided. Vice-Chairman Fischer pointed out that this is the same type of contract that we have for our cell phones. Solicitor Bernathy then stated where it says price guaranteed for three years the next paragraph says in the event that the contractors dumping fees increase the customer will be responsible to pay in addition to the current rate, any increases. Chairman Ewbank pointed out that the contract says there will be no fuel charge and no sales tax. Solicitor Bernathy said that is fine, however they are talking about dumping fees and they can pass that on to the Township. Solicitor Bernathy said if we are contracted for three years and we get one year in to the contract and are not happy with the services we have to pay them for two more years or we are in breach of contract. Solicitor Bernathy would like to prepare an addendum to the contract so that we have an out in the event we are not happy with the services. Discussion followed. Supervisor Banach moved to approve the contract subject Solicitor Bernathy’s addendum. Motion seconded by Supervisor Flansburg and carries with all in favor. Supervisor Melvin stated that if the contractor does not sign the addendum we have the August 7, 2012 meeting to remedy the situation.
Property Maintenance Code: Chairman Ewbank said at the last meeting there were several pictures given to us by a resident regarding unsightly properties and without a property maintenance code there’s nothing we can do about that. Chairman Ewbank further stated it’s about time we take action. Solicitor Bernathy said he provided a property maintenance code a few years ago. Mrs. Green said she has a 2006 property maintenance code. This item will be placed on the July 25th meeting agenda.
SUBDIVISION REVIEW AND ACTION:
Delaware Valley School District Gym Addition: Solicitor Bernathy said we are awaiting third-party approvals.
Executive Session: Pending Litigation-1005 Pennsylvania Ave. LLC: Executive session called for pending litigation and 9:09 PM.
Back in session and 9:37 PM.
ADJOURNMENT: Meeting was adjourned at 9:37 pm on a motion by Vice-Chairman Fischer. Motion seconded by Supervisor Banach and carried with all in favor.
Lisa A. Green, Secretary