Monthly Archives: October 2012

Supervisors Minutes September 26, 2012

Westfall Township, Matamoras, PA

September 26, 2012

TheWestfall Township Board of Supervisors held a Special meeting on Wednesday, September 26, 2012 at 7:05 PM. The meeting was held at the TownshipBuilding on Delaware Drive and La Barr 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 Bill Schneider, Michael Rendleman, Scott Myer, Carl LaStella, Jason Ohliger, Donna Schutz, Corey Puopolo, William Clark, Michael Barth, and six members of the general public.

AGENDA:  Motion to approve the agenda was made by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carried with all in favor.

PUBLIC COMMENT: None.

OLD BUSINESS:

Burning Ban: Chairman Ewbank stated we are going to revisit the burning ban, try to formulate an ordinance and present it at our next meeting to advertise for public hearing in November. Chairman Ewbank said he had discussions with the people from Matamoras and feels the questions that were brought up in the past have been answered.

Zoning Amendment – Tattoo Establishments: Jason Ohliger addressed the board stating he was here on behalf of Carl LaStella, the owner of Controlled Abrasions, a tattoo shop formerly in Sussex County. Mr. LaStella is hoping to open a new business in Westfall Township. Mr. Ohliger said he prepared a proposal to make tattoo establishments a permitted use in the C-2 and C-1 zones. They would be happy to pay for the advertising costs to advertise this ordinance for the next meeting. Discussion followed concerning an available meeting date. Supervisor Melvin had concerns about holding a public hearing on the same night of the budget meeting on October 17th . Solicitor Bernathy asked the supervisors that this is something that they wish to do, further stating that the board has allowed for this use in the C-3 zone and now they are requesting it to be permitted in all commercial zones. Supervisor Flansburg had concerns regarding if the business was going to be out of control and unsightly. Mr. LaStella stated his tattoo shop was voted the number one tattoo shop in SussexCounty four years running and that he tattoos people from the FBI, state police, attorneys, doctors, lawyers, and that he is licensed and has medical malpractice insurance. Solicitor Bernathy asked about the state requirements regarding tattoo establishments. Mr. LaStella said the state has no licensing requirements. Supervisor Melvin said the property he is renting has been vacant for years and he sees that he is trying to improve it; questioning what the parking was like there. Mr. LaStella said there are 4 to 5 spots straight on and there is parking in the back where the employees would park. Solicitor Bernathy questioned how many employees they would have. There will be 2 to 3. Hours of operation were discussed which could go until the early morning hours. Supervisor Flansburg questioned if there was going to be 30 motorcycles out there with people drinking beer. Commenting that he welcomes his business But he does not want to make a decision that we are going to be sorry about. Mr. LaStella said he is very careful about his business, he does not tattoo gangs or honor colors. Also stating that he would not be in favor of loitering because that would take away from parking for his customers which would affect money coming into the business. Vice-Chairman Fischer questioned if he made any headway with his landlord. Mr. LaStella answered no, stating Mr. Bary started taking his deposit money as rent. Solicitor Bernathy said the amendment has been prepared and the board is considering it for approval, stating there is a pending ordinance doctrine that would allow for a temporary permit to be issued that would help him to open up sooner. Chairman Ewbank asked our zoning officer Michael Rendleman if he had any input on this. Mr. Rendleman stated his only concern would be parking because there used to be holding tank in the back of the building. The requirement is one spot per 200 ft.² so he would have to know the square footage of the area accessible to customers. Discussion followed regarding the parking. There appears to be a need for seven spots. A permit must be applied for in the parking will be checked. Solicitor Bernathy said the supervisors have to understand that this impacts the whole C-2 and C-1 area, that this is not specific to this property. Solicitor Bernathy asked if this could be made at conditional use in that zone. Mr. Ohliger proposed that it be made a permitted use in a C-2 general commercial and made it a conditional use in the C-1 neighborhood commercial zone. Supervisor Flansburg said that sounded good to him to make it a permitted use in a C-2 and conditional in C-1. The board agreed to this new proposal. Mr. Ohliger is going to work on the proposed advertisement. Supervisor Flansburg moved to advertise this amendment for public hearing on October 17, 2012 at 7 PM. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Supervisor Flansburg moved to allow Zoning Officer, Mike Rendleman to issue a temporary permit for Mr. LaStella to open his business under the pending ordinance doctrine. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Mr. Rendleman said the permit application needs to be filed and the parking requirements need to be met.

Cory Puopolo – Pumpkin Patch: Donna Schutz, mother of Cory Puopolo stated Cory was still in school and would not be here until approximately eight o’clock. Mrs. Schutz stated they are hoping that they would be allowed to sell pumpkins that they have grown on their property located on Tenth St. in WestfallTownship. Solicitor Bernathy said he has done some research and found provisions that provide for protection of agricultural operations. There is an encouragement for municipalities to develop agricultural operations within their jurisdictions as long as they don’t constitute a nuisance or adversely affect the health safety and welfare of the municipality. There are some conditions. At least 50% of the pumpkins being sold must be grown on their property, and we would need some documentation. Mr. Rendleman asked if this included the other uses they wish to have on their property, such as hayrides. Mrs. Schutz said they are not charging for hayrides it’s just a hayride out to the pumpkin patch. Solicitor Bernathy said it is his understanding that at least 50% of the product must be grown on the property and questions what other uses they wanted to have on their property. There would be the hayride and the sale of cornstalks. The insurance would be a condition with regard to the issuance of the zoning permit. Supervisor Flansburg asked if he knew what the fee would cost. Mr. Rendleman said there is no fee for an agricultural permit. Solicitor Bernathy explained to Mr. Rendleman that he needed to issue the permit pursuant to the direction of the supervisors recognizing the sale of agricultural commodities subject to Purdens 3 PS § 9.5.3. Supervisor Banach questioned if the fee could be waived. Discussion followed. Solicitor Bernathy explained to Mrs. Schutz that they needed to keep track of the sales to make sure that 50% of the sales were for commodities grown on their property. Vice-Chairman Fischer moves to direct the zoning officer to issue a permit under the above stated condition of the law, conditioned upon annual documentation to the zoning officer that they’re compliant with selling at least 50% of their commodities which were grown on the property; and subject to the insurance requirement.  This fee for this permit will be waived. Motion is seconded by Supervisor Flansburg and carries with all in favor.

1005 Pennsylvania Ave LLC: Attorney Ohliger said he has been working on the settlement agreement with Solicitor Bernathy and feels that they have addressed all of the Townships concerns. Mr. Ohliger also said that he has a map showing where the fence was going to go to fence in the automobiles. It is attached as an exhibit to the settlement agreement. Solicitor Bernathy questioned if the language regarding the office building in the September 20, 2012 correspondence was deleted and was there a mechanism in place to show that the automobiles in the fenced in area did not remain over 30 days. Discussion followed. Solicitor Bernathy asked if they wished to have the 30 day provision applied to those vehicles outside the fenced in area not inside. Supervisor Flansburg asked how high the fence would be. Mr. Ohliger said the fence is to be opaque, will be 6 foot tall and the area of would be subject to the zoning officer’s inspection. Mr. Ohliger said the fence is to prevent the area from becoming an eyesore. Solicitor Bernathy said the boards position is that they don’t want to see the area become the junkyard. Supervisor Flansburg said they would like to do them a favor as they did for the other people they just want them to know where the board is coming from. Settlement agreement will be attached and becomes part of this record. Supervisor Banach moved to approve the settlement agreement. Motion is seconded by supervisor Flansburg and carries with all in favor.

NEW BUSINESS:

Lease for Matamoras-Westfall Historical Society: Solicitor Bernathy said the board has the lease and front of them it just needs to be approved. Supervisor Flansburg moved to approve the lease with the Matamoras Westfall historical society. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Salt Shed: Bill Schneider said that ShoholaTownship is preparing a grant application for four townships, Westfall included and they are requesting a letter of support in favor of the salt shed. Mr. Schneider went over the dimensions of the shed and where was going to go behind the Hwy., building. Supervisor Flansburg questioned what the typical salt order was and if this was a grant with Matamoras. Mr. Schneider said right now we store 100 ton and with this we’ll be able to store 200 ton, further stating that this is not with Matamoras, that grant fell through. Supervisor Banach asked if there was a grant for this. Mr. Schneider said yes this is a grant and we are proposing an in kind contribution to prepare the land in the amount of $3410. Discussion followed. Vice-Chairman Fischer moved to have the Secretary write a letter of support. Motion is seconded by Supervisor Banach and carries with all in favor.

Monroe Optical – Amended Land Development Plan: Solicitor Bernathy said we have an amended land development plan for Monroe Optical because the first approval included the construction of the one-story facility. After the approvals were granted there was a two-story structure constructed and the second story has been represented as non-occupiable space; so this is not included in any parking calculations. However it did affect the water flow calculations for fire protection. They’ve come to ask that the amended plan be approved to include the second story which is non-occupiable space. Also last evening the planning commission recommended approval of the amended land development plan conditioned upon the fire chief reviewing the flows and calculations. The fire chief indicated last evening that there would be two fire hydrants on site and 1100 gallons permitted from each hydrant. 2200 gallons in total. This is acceptable to the chief. Supervisor Banach said there should be an additional building permit fee for the additional space. Mrs. Green stated they paid for the building permit of 5940 ft.² and that they did pay planning fees for land development as far as the Township fee and escrow fees. Supervisor Banach moved to approve the amended land development plan. The motion was seconded by Vice-Chairman Fischer and carries with all in favor.

Michael Barth commented that he had come in late and questioned what happened with the burning ban. Supervisor Flansburg said that would be revisited at the next meeting.

Budget: The supervisors convened a workshop for the 2013 budget preparation. Discussion followed regarding the proposed police budget prepared by Police Chief Chad Stewart. Supervisor Melvin explained that he requested a scenario to be presented to the supervisors as far as what the department would not be able to do if a reduction by Westfall took place and stated what was presented is what they felt they needed to run the department efficiently.

Scott Myer presented a proposed draft of the 2013 budget along with several worksheets. Mr. Myer explained the overview of the budget that he presented stating that general fund has 15.7 Mills, liquid fuels money needs to be spent on roads, the Katz tax is just that and remains the same, and everything else is basic. Mr. Myer said the general fund budget worksheet shows actual numbers from January through December of 2011, January through September of 2012, also showing the actual budget for 2012 and the proposed budget for 2013. Mr. Myer said there’s a ton of detail here and suggest that the board spent some time between now on the next meeting looking over it and talk at the next meeting about adjusting numbers. Supervisor Melvin questioned the code enforcement line item. Discussion followed. Mrs. green said she and Mr. Myer discussed today how BIU was paid. Mr. Myer explained the income and expense side of the building line item saying it’s hard to determine how much money building permits will bring in. Further discussion followed regarding the residential and commercial fees as well as the expenses paid to third party plan review which we will not have this year. Mr. Myer explained that he prepared a profit and loss for the last four years. Supervisor Flansburg said the last time he and supervisor Melvin met with Mr. Myer he explained something that may make his job easier regarding the liquid fuels. Mr. Myer explained that other townships use the liquid fuels money for projects whereas WestfallTownship uses it to reimburse the general fund for expenditures paid on road projects such as salaries, salt & calcium. Supervisor Banach said that we are just shuffling money. Mr. Myer said that is correct. Supervisor Banach questioned if there was anything we could shift to reduce the general fund millage to 14 Mills so that we did not have to go to court and pay Solicitor Bernathy to request a tax increase to the 15.7 Mills. Mr. Myer said he did not know what that could be done to reduce the rate. Discussion followed regarding the tax collector salary which Mrs. Green said she and Solicitor Bernathy discussed today. Solicitor Bernathy said they encourage you to prepare an ordinance and it needs to be done by February 15th of the election-year. This item is on Solicitor Bernathy’s list of things to do and he is working on it. Discussion followed regarding the highway budget and the reasons for the increase to his budget. Supervisor Banach asked Mr. Schneider how many drivers they have in total now. There are four CDL drivers and eight in total. Mrs. Green said at the next meeting there are two men on the agenda to be hired as part time drivers. Discussion was held regarding checking drivers licenses. Mr. Schneider explained the highway budget to the board. He is requesting a 4% increase for Robert Howard because he is very knowledgeable and deserving of the increase. Mr. Schneider would also like to add the third man, Dick Mai full-time. Stating the roads are deteriorating and they get a lot more done with three-men. There are a few extras in the budget such as a backup generator for Reuben Bell Drive, guide rails for Heaters Hill Road, and a broom rental. Supervisor Melvin commented that he felt a third full timer is needed. Supervisor Banach and Flansburg stated that the roads are mandated by law to be maintained. Discussion followed regarding River Road and Mill Rift. Supervisor Banach said we are required to maintain the roads so we’re going to have to look at the police department and other areas to be cut. Supervisor Banach continued to say every year we’re cutting the Rd., Department and we have to take a look at what we can do to keep the roads safe and keep the people working on the roads safe and up and running. Supervisor Melvin said that if the fire department needs to be cut and the roads are being cut then the Police Department needs to be cut as well and he’s suggesting that although they’re requesting a budget of $390,000 that maybe they can work with $365,000. Supervisor Flansburg said we have to see if the amusement taxes are going to work. Supervisor Banach was explaining that we do not have the buffer if a truck goes down where we need another piece of equipment and that maybe we need to work on putting something aside for that. Mr. Schneider said he’s proposed setting aside $5000 a year for future equipment purchase. Mr. Myer said he did not balance the proposed budget, it is off by $13,000, explaining that the public works budget on profit and loss report is off because it doesn’t include the liquid fuels money and further stated that the supervisors can budget shortfall. There is some money in the budget but we will need to take the tax anticipation note in January. Mr. Myer said this is going to be the toughest year that they’re budgeting for because the Dombrosky payment will drop $140,000 in 2014. Supervisor Banach said we need to start putting money aside for people that are going to be retiring for their sick time. Mrs. Green said we used to put $577 away each year for the highway and administration. Mr. Myer asked if this was for sick time and vacation time. Mrs. Green said we were paying for both but vacation time is not our policy manual. Sick time gets paid up to 36 days. Supervisor Melvin said we should start putting like $750-$1000 aside so that even if we took an $8000 hit at least we would have some money set aside. The board agreed to study the budget and meet again in two weeks on October 17, 2012 at 7 PM. Chairman Ewbank said it will be nice to have the 2012 police budget to compare to the 2013 budget. Discussion followed regarding the police budget, whether or not they are union and what contract they are under. The board is requesting an actual breakdown of their 2012 budget to see budget versus actuals. Supervisor Banach questioned the secretary’s and whether we still need two. Chairman Ewbank said that Mrs. Green has stated there is not much work left for the second secretary and that the township has not been very busy. Discussion followed regarding the building department and the need to close out the outstanding building permits. Mrs. Green said we are working on that. Supervisor Banach said as a board we should be putting more work on the Secretary and less work on Solicitor Bernathy to save legal fees. The next budget meeting will be held October 17, 2012 at 7:00 pm.

ADJOURNMENT: The special meeting adjourned at 9:00 pm on a motion by Supervisor Banach.  Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary

Supervisors Minutes September 4, 2012

WestfallTownship, Matamoras, PA

September 4, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, September 4, 2012 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 and Robert Melvin; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Bill Schneider, Luis Bocaletti, Bill Koferl, Ken Zielazny, Alan Mottle, Carl LeStella, Corey Puopolo, Jason Ohliger, William Clark, Nancy Bocci and approximately 19 members of the general public.  Zoning Officer, Mike Rendleman and Police Chief, Chad Stewart were not present. 

AGENDA: Supervisor Banach asked to add a letter to Price Chopper under old business referencing our Engineers letter to us. Also added to the agenda is number nine under new business Monroe Optical. The amended agenda was approved on a motion by Vice-Chairman Fischer. Motion is seconded by Supervisor Flansburg and carries with all in favor.

EXECUTIVE SESSION: Chairman Ewbank announced that an executive session was held on August 21, 2012 at 6:30 PM for the purpose of the Dombrosky litigation and they will be going into executive session now with the insurance agents at 7:02 PM for the purpose of the Dombrosky litigation.

Back in session 7:15 PM.

PUBLIC COMMENT: Alan Mottle who lives on Delaware Drive said he read in the paper there was a lawsuit again and questions how this happens when we have legal advice. Mr. Mottle asked “doesn’t anyone know what the laws are? How does this happen again?” Mr. Mottle then asked if it was a personal vendetta against Mr. Dombrosky. Solicitor Bernathy said this was not a personal vendetta and is something that’s been going on since 2007. It is not something new. Solicitor Bernathy stated that there has been a significant turnover of the board and solicitor since that time and that this was inherited. Mr. Mottle said during the time of the Katz lawsuit the board also said that happened before their time so they were not responsible. Solicitor Bernathy said he is not saying they are not responsible, they are responsible because this has been inherited. Supervisor Flansburg asked Solicitor Bernathy if he is saying that no one on the board was on the board at that time. Solicitor Bernathy said that is not what he is saying he is saying there has been a significant turnover of the board and solicitor since 2007. Supervisor Banach said he began his term in 2008. Chairman Ewbank said he and Vice-Chairman Fischer were there at the time in 2007 and Mr. Dombrosky came and said he would take a leave of absence without pay and if he was exonerated he would get his job back. Chairman Ewbank said he does not know what happened in New YorkState but that he did not have this trial until January or February of the following year and when he was exonerated there was no Westfall Police Department to give him his job back. Further stating it was not a personal vendetta against anyone there was just no Police Department to give him his job back. Solicitor Bernathy said that meant there was impossibility of performance and what the court found was that there was a breach of contract. Solicitor Bernathy said this is a lot more complex than we can probably explain, and the Township went through not one but two attorneys that the insurance company provided. We are not necessarily happy with the outcome and there are issues coming up regarding the insurance company. But we do not want people to think this is another Katz because that is not. Settlement of that litigation will not result in an increase of any taxes and it will not result in a cut to essential services. Solicitor Bernathy said changes have been made since that time. Mr. Mottle asked where the money will become thing from. Solicitor Bernathy said it will not come from an increase in taxes and that we thankfully have the money. Supervisor Flansburg said it has come from the Township it is already in the taxes. Supervisor Banach said at budget time there will be a close look at the overall budget and there will not be any increased tax mills.

Michael Barth from Blue Ridge Ave. said what he understood was that when the Eastern Pike Regional Police Department was formed that no officer would lose his job. Solicitor Bernathy said that is not entirely true and as part of the settlement agreement Mr. Dombrosky and the Township have agreed not to disparage or discuss the case. Mr. Barth asked if this is completely settled with the Township. Vice-Chairman Fischer stated the court found in favor of the Police Commission. Solicitor Bernathy said the suit has been fully and finally settled as far as the Township is concerned and as far as the Eastern Pike Regional Police Commission is concerned there are appellate issues. Mr. Barth said that unless there were appeals to the commission then the case is done. Solicitor Bernathy said that is correct.

Jason Ohliger representing 1005 Pennsylvania Ave. LLC the old Krise bus property said he noticed his item is not on the agenda and asked that the board makes a motion to place it on the agenda. Solicitor Bernathy said the board will be going into executive session on this issue.

Bob Bostinto asked who was responsible to paint the lines on Reuben Bell Drive. Chairman Ewbank said they were just painted.

Supervisor Flansburg stated that Corey Puopolo of 10th St. is present and is proposing to sell pumpkins for charitable distribution of funds and the permit for that is $200. Matamoras charges $25 and he is hoping that the Supervisors can do something about our fee. Solicitor Bernathy pointed out that the item is under new business.

Carl LeStella addressed the board stating that he is leasing Mr. Barry’s property at 182 Route 6 & 209 and that he was told that he can operate a Tattoo Business in that location when in fact he can not. It is not permitted in a C-2 Zone. Mr. LeStella requested that the board allow tattooing and body piercing in a C-2 zone. Stating he is licensed and inspected by the board of health. Supervisor Flansburg asked if he has been told that he is not allowed to do this. Mr. LeStella answered yes. Solicitor Bernathy asked Mr. LeStella has filed zoning permit and had that denied. He did. Supervisor Banach said there is a letter from Mike Rendleman denying the use, and stated that according to table in the zoning ordinance it has to be in the C-3 zone. Supervisor Banach said he feels that this is an area that needs to be amended because it is no different then the doctors office which is next to it in a C-2 zone. Supervisor Flansburg asked if he can apply for a change of use. Solicitor Bernathy said no it is not allowed in that zone, the only thing that can be done is to amend the zoning ordinance. There has to be thought process in this and then there would have to be an amendment process and advertise for public hearing before Mr. LeStella would be allowed to operate in that zone. Discussion followed. Solicitor Bernathy said if the board puts a rush on it it could be done in 60 to 90 days. Mr. LeStella said he is stuck in the lease paying $1500 per month and he can’t do any business Mr. Bary will not let him out of the lease unless he proves to him that there is no possible that he can operate there. Solicitor Bernathy said he recommends getting an attorney to see what recourse he has against his landlord. Supervisor Flansburg asked if it could be considered a variance before the zoning hearing board. Solicitor Bernathy said the variance would not apply since this is not a hardship. Further discussion followed. Solicitor Bernathy said if this is something that the board wants to consider they could put on their agenda for our workshop. Supervisor Banach said he feels we should help Mr. LeStella. Solicitor Bernathy said if he can get an attorney to put together an amendment to present to our workshop it would speed things up. The board decided to hold a workshop on September 26, 2012 at 7 PM. Vice-Chairman Fischer said perhaps Mr. LeStella could discuss the situation with his landlord and maybe he could give him a one month extension.

MINUTES: Minutes of the July 25, 2012 workshop meeting and were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.

Minutes of the August 7, 2012 regular meeting: Chairman Ewbank asked about the minutes of August 7, 2012 because he and supervisor Flansburg were absent from that meeting. Chairman Ewbank said according to the minutes the board appointed an alternate zoning officer and there are few letters of interest. He was curious as to why we needed an alternate zoning officer. Supervisor Banach said there was a lot of discussion about needing an alternate zoning officer just like we had an alternate building inspector. In this case if a board member or family of a board member needed something permitted on their property there would be no conflict with a third-party. Also if there was a complaint involving zoning our zoning officer only works two evenings per week and if we had a third-party alternate they will be able to handle complaints during the day. Chairman Ewbank asked who authorized the secretary to advertised for bids for the alternate zoning officer. Supervisor Banach said he did. Chairman Ewbank said he thought in the beginning of the year it was decided that if anybody wanted to put anything on the agenda they would discuss it with the whole board. Supervisor Melvin said the alternate zoning officer was discussed in executive session. Chairman Ewbank said it was discussed in the beginning of the year if anybody wanted to add anything to the agenda the whole board would agree to it. Lisa green stated that she is at fault too because she adds things to the agenda without asking board such as Corey Puopolos zoning situation. Chairman Ewbank said that it seems we’ve fallen away from what was stated in the beginning of the year and we need to get back to it. Supervisor Banach moved to approve minutes of August 7, 2012. Motion is seconded by Vice-Chairman Fischer and carries with three in favor. Supervisors Ewbank and Flansburg abstain.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for January – August stating that we have collected 100% of our budgeted income for the year which is a good thing and we are under budget in expenses which is also good. Supervisor Melvin asked if we know what percentage of taxes have been paid to date. Mr. Myer said this is generally a question for the tax collector, however he believes it is approximately 93%. Vice-Chairman Fischer moved to approve report. Motion seconded by Supervisor Banach and carries with all in favor. 

POLICE REPORT: Vice-Chairman Fischer read the report submitted by Police Chief, Chad Stewart. There were 6,280 miles patrolled and 231 calls for service. Supervisor Melvin moved to accept the police report. Motion is seconded by Supervisor Banach and carried with all in favor. Supervisor Banach questioned if they replaced the fifth member on the commission. Supervisor Melvin said the next meeting is coming up Monday and it will be discussed then. For the public’s information Supervisor Melvin said one of the police commissioners out of the five attended a meeting in March which is one of eight meetings saying they need to speak to him and see if his business calendar will allow him to fully participate on the commission or send in a resignation letter. Supervisor Flansburg asked if there is a rule on this. Vice-Chairman Fischer said there is a rule to not miss two meetings without a valid excuse. Supervisor Banach said he’s been approached by people that are interested in serving on the commission.

FIRE DEPARTMENT: Ken Zielazny gave the Mill Rift fire Department for August statingthe following duties that were performed: 8/1/12 they cleaned the main station, 8/4/12 the dive call Goose Rock, 8/9/12 ground maintenance at the main station, 8/11/12 open house, 8/14/12 monthly meeting, 8/22/12 equipment maintenance and 8/29/12 equipment maintenance. For total man-hours of 97.5.

Bill Koferl gave the Westfall Township Fire Department Report for August reporting 7 Mutual Aid structure fires, 2 Landing zones, 2 Motor Vehicle Accidents, 2 Auto Alarms – Commercial False, 1 Water rescue, and 1 drowning. Total calls for August are 15, year to date 146. Squad calls for the month are 38 calls in WestfallTownship, 16 calls covering squad 33, and 3 calls covering squad 19. Motion to accept both reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Flansburg and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for August stating that they worked on equipment maintenance and the compost area. They’re getting the equipment ready for the winter with the Sanders. They’re mowing the Township right of ways with the brush hog. The lines were painted on Reuben Bell Drive. Mr. Schneider said he would like to thank the police for directing traffic while they were painting the lines. They were called out for some red light problems, had to put new tires on the backhoe. Orange & Rockland will be using the right-of-way on Reuben Bell Drive to install their gas main, because they had a problem with PennDOT. Vice-Chairman Fischer moved to approve the report. Motion is seconded by Supervisor Flansburg and carried with all in favor.

BUILDING/ZONING REPORT: Chairman Ewbank gave the report stating there are nine building permits and six zoning permits with total fees of $5,596 with $400 outstanding. Supervisor Banach moved to accept the report. Motion is seconded by supervisor Melvin and carries with all in favor

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated the Township anticipates being removed from the plan by January of 2013. 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 Supervisor Flansburg and carries with all in favor.

Pedestrian Tunnel: Supervisor Flansburg asked if we were ever going to figure out if we can amend the contract with PennDOT and if the letter can be sent to request an amendment. Chairman Ewbank said he thought a letter was sent out. Lisa Green stated she did not send a letter. Supervisor Melvin said he did speak to Chris Getz at District 4.0 who seemed receptive to an amendment stating that any changes that needed to be made the Township would have to pay it. Supervisor Banach suggested looking for federal grant money to pay for cameras. Chairman Ewbank asked for a motion to have the Secretary sent a letter to PennDOT with the aid of Supervisor Flansburg. Supervisor Flansburg moved to have the letter sent to PennDOT. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Floodplain Manager: Supervisor Ewbank who was previously appointed does not feel qualified for this position and he would like to take his name off. Supervisor Banach said he felt we should go to the County for this. Mrs. Green stated she spoke to Mike Mrozinski from the Pike County Planning Office who said not everyone has a floodplain manager and those that don’t have one usually have the zoning officer fill the position. Mr. Rendleman has been doing this in the past with the assistant of the Township Engineer. Mrs. Green further stated that Roger Maltby is not going to take this over for us, however she spoke to Bill Mullery of the Westfall Township Planning Commission who said he can do the job in part but not in full as far as filing and keeping of records and such. Supervisor Banach asked if this was funded by the permit fees. Mrs. Green answered yes it is. Chairman Ewbank stated there is a class coming up for the floodplain manager position which is a four day class with a test on Friday that you have to pass. Supervisor Banach suggested leaving this to the Township Engineer. Supervisor Flansburg agreed. Supervisor Melvin asked if the responsibility will go to the zoning officer with the assistance of the Township Engineer. Mrs. Green said yes, that is what has happened in the past. Supervisor Flansburg moved to take Chairman Ewbank’s name off as floodplain manager and to add zoning officer as a floodplain manager with the assistance of the Township engineer. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Winter Maintenance Agreement: Mrs. Green said we signed a five-year maintenance agreement with Penn DOT, however each year it needs to be reviewed and approved. Chairman Ewbank said we maintain 2.31 miles of state road and they’re going to reimburse us $4,805.22.  Mr. Schneider said that amount is up 3% from last year. Supervisor Banach moved to approve the winter maintenance agreement. Motion is seconded by Supervisor Flansburg and carries with all in favor. Vice-Chairman Fischer questioned if fuel costs were considered. Mr. Schneider said that has been considered.

Burning Ban: Chairman Ewbank said we’re going to revisit the burning ban and that will be added to the agenda for September 26, 2012.

Letter to Price Chopper: Supervisor Banach said in the boards folders is a letter from Joe Hudak regarding the Price Chopper stormwater management basins. Supervisor Banach feels we should send a letter to Price Chopper notifying them that they are to correct their basins that are not workingproperly. Supervisor Flansburg moved to send the letter to Price Chopper to make whatever corrections are necessary to repair the basin. Motion is seconded by Supervisor Banach and carries with all in favor.

NEW BUSINESS:

 

Road Bids: Chairman Ewbank opened the following bids for the 2012 road project. Each bid included aggregate shoulders in place, prime coat in place, and superpave wearing course 19 mm in place.

Pine Terrace Road:                                           Meadowbrook Road:

Hanson Aggregates $56,459.80                        Hanson aggregates $35,192

Wayco, Incorporated $52,855.18                    Wayco, Incorporated $34,233.95

Leeward Construction $58,380.30                   Leeward Construction $36,393.75

Supervisor Flansburg moved to accept the low bids from Wayco, Incorporated conditioned upon the review of Solicitor Bernathy. Discussion followed. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Existing Use Registry: Supervisor Banach said this was discussed with Solicitor Bernathy regarding people who already had existing businesses when the ordinance was changed back in 2005. Solicitor Bernathy said the Municipalities Planning Code provides for an Existing Use Registry, most municipalities do not have it however it is provided for in the law. Solicitor Bernathy said it may be a difficult task having the zoning officer go through the Township to register all the pre-existing nonconforming uses. Supervisor Banach suggested putting an ad in the paper placing the burden on the business or resident to come forward and register their pre-existing nonconforming use. Supervisor Banach moved to start an Existing Use Registry of properties in the Township for pre-existing nonconforming uses. Motion is seconded by Supervisor Melvin and carries with all in favor.

Amusement / Recreation Tax: Solicitor Bernathy said for some time now the supervisors have been looking for ways to raise revenue for purposes of providing more services to the Township residents. Solicitor Bernathy said he has done extensive legal research and has checked his research with the Pennsylvania State Association of Township Supervisors to consider a tax which would provide for the issuance of a transaction tax, specifically on fireworks to include the purchase, sale, loan, pledge, gift, transfer, delivery or other disposition of any fireworks and an amusement tax on the admission of patrons to all canoe liveries operating within Westfall Township. The title of the ordinance would be the Transaction and Amusement Tax Ordinance and the authority would be granted by the local tax enabling act 53 P.S. 6924.101 and the subsequent sections. The ordinance states that the Supervisors have determined that a Transaction and Amusement Tax will be in the best interest of the common good as to increase general revenues within the Township for purposes of providing residents with essential services. The ordinance provides for definitions for fireworks, definitions for transaction, and definition for canoe liveries. The regulations are as of the effective date. The tax will be for general revenue purposes of a certain percentage per transaction as far as fireworks are concerned and a certain percentage per transaction as far as the admission of patrons for renting kayaks, canoes, rafts and other such non-motorized watercraft. There are enforcement provisions of the ordinance, responsibility provisions for the owners and operators. The ordinance provides for criminal penalties as well as civil penalties. Criminal penalties are such that if there is a violation it would be considered a summary offense and punishable by not less than $100 and no more than $2500 for each separate offense including attorney fees. There are also civil penalties as set forth therein, it specifically indicates that it shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of the ordinance or to fail to comply with any order or other requirement of Westfall Township. There is a validity section which is standard for any ordinance. Solicitor Bernathy said he would like the record to reflect that he has run this ordinance by the Chief Counsel of the Pennsylvania State Association of Township Supervisors and with that said and with the support of PSATS it is ripe for disposition. Supervisor Flansburg asked if everyone understood that because the board is thinking this should be fairly acceptable to everyone since we cannot go in the fireworks stores. Cory Puopolo suggested taxing the cigarette stores as well. Solicitor Bernathy said just so that the public is aware there is case law specifically for canoe liveries and the taxing as an amusement, there is no case law on the fireworks tax and this may have an affect up and down the borders but we have the support of the Pennsylvania state Association of Township Supervisors. The tax would be basically a tax on every sale of fireworks in the Township and also a tax on every canoe or kayak that goes down the Delaware. Solicitor Bernathy said we know that the people that come in to purchase fireworks and go down the Delaware use the roads in the Township the Police Department the Fire Department and the cost for the rescues on the Delaware are excessive and places the Township with some hardship. The supervisors are hoping that this would be a more uniform application of the tax and hopefully may try to take the tax burden off the landowner of WestfallTownship and place the tax burden on the people that use the Township roads and recreate and amuse themselves. Supervisor Flansburg moved to advertise the ordinance for the October 2, 2012 meeting. Discussion followed on what percentage the supervisors would impose for the tax. Solicitor Bernathy said we do not have an estimate on how much this tax would generate. Reporter Beth Breije asked if the supervisors are looking to lower taxes. The board said yes that is the general consensus. Supervisor Melvin said that is going to take time because they do not know the stream of income that this would bring in. Michael Barth asked if there was a public record on what these corporations bring in. Supervisor Melvin said the corporations don’t file 10K reports and SEC filings. Solicitor Bernathy said this of the registry receipts and mail order filing. Supervisor Melvin said the goal is to lower the millage for all taxpayers including those whose businesses are affected by this tax. The board stated they are not looking to go out and buy new things and do new things they are just looking to maintain what they have. Ms. Breije asked if this would include Walmart and anyone who sells fireworks. Solicitor Bernathy said yes this would affect everyone who is selling fireworks. Further discussion followed. Ms. Brieje asked if they are looking to tax the sales online and out of state residents. Solicitor Bernathy said anything that is generated from the businesses in Westfall. Supervisor Melvin said he would ask that when this comes up at the public meeting that the residents would rally around it. Mr. Barth asked if there would be a problem charging 1% on the canoe liveries and only ½% on fireworks, further questioning if it would be easier to defend if it were the same percentage. Solicitor Bernathy said there is case law on the canoe liveries, and that the transaction tax on fireworks would generate more money. Supervisor Flansburg moved to advertise the transaction and amusement tax for public hearing on October 2, 2012 at 7:00 PM at the municipal building to include ½% on fireworks and 1% on canoe liveries. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Transaction Tax: See above.

Set Budget Meetings: Chairman Ewbank stated we have our first meeting set for September 26, 2012 at 7 PM. The board agreed to hold the additional meetings on October 9, 2012 and October 17, 2012 at 7 PM. Chairman Ewbank said the public is welcome to come to any of the budget meetings. Discussion followed on how the budget is prepared. Supervisor Melvin said just so the board knows he and Supervisor Flansburg met with Scott Myer who is doing a great job. The meeting was very helpful and Mr. Myer’s got a good handle on the finances of the Township. Supervisor Melvin moved to set the budget meetings. Motion is seconded by Vice-Chairman Fischer and carries with all in favor

Pike County Conservation District Resolution 2012-03: Letter of Intent: Lisa Green stated the County submitted a letter of intent notifying the Pike County Municipalities that they are applying for a grant in the amount of $22,450 for a planning effort to complete a municipal groundwater level monitoring project for established wells in PikeCounty. The Township needs to submit a letter stating we received the letter of intent and that we are in support of the project. Supervisor Flansburg moved to send a letter and support the project. Motion is seconded by Supervisor Melvin and carries with all in favor.

Proposal from Matamoras-Westfall Historical Society: William Clark, President of the Matamoras Westfall Historical Society introduced himself and Vice-President Nancy Bocci, to the board, giving the background of the society. They have been incorporated and are seeking nonprofit tax-exempt status. They are looking for a place to meet and would like to rent the downstairs office space concurrently with the current lessee. Mr. Clark said since they are a new organization they have to watch their finances and they propose $200 a month to help Westfall with their heat and electricity. Mr. Clark said he believes they would be a real asset to Westfall and Matamoras. Solicitor Bernathy said this would be subject to the lease similar to what they’ve done with the current occupant. Supervisor Flansburg asked if they could continue working with Tim Sheare the current lessee. Supervisor Banach moved to accept the proposal conditioned upon a lease. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Corey Puopolo: Corey Puopolo introduced himself to the board saying his family purchased an old farm with approximately 4 acres in WestfallTownship and 4 years ago started a pumpkin patch there. Originally they had approximately 15 kids come, (friends and family) to pick pumpkins and get free hayrides. Every year they made the pumpkin patch bigger and bigger and last year they had a private party with approximately 400 people attending. A lot of the kids were kids from Port Jervis who don’t have a lot of money. Mr. Puoplo mentors kids in Port Jervis in the state of New York and he wants to do more to help them. He stated that he went to Matamoras to get a permit to sell pumpkins because they have property there as well and the permit fee was $25. When he came to WestfallTownship he found out originally that the permit was going to be $200 and he was going to try to get that waived but then came to find out that because his property was found to be residential he is not allowed to make a profit on anything he sells on the property. Mr. Rendleman told him to come to the supervisors and look into the farmers right to sell act. Solicitor Bernathy said according to the zoning ordinance it is not a permitted use in that zone, however it may be an agricultural use. Solicitor Bernathy asked if everything was grown on the property. It is. Mr. Puopolo wishes to donate a percentage of his profit to charity. Solicitor Bernathy said if you form a nonprofit entity and it is an agricultural use it may be permitted. Discussion followed regarding establishing a precedent. Mr. Puopolo said this would only be for a seven-day period. Supervisor Flansburg asked if this could be done as a one-time use. Solicitor Bernathy said no. Solicitor Bernathy said he would have something for him on the meeting of September 26, 2012 and asked Mr. Puoplo if he would be there. Supervisor Banach said it is a permitted use according to Section 306 of the zoning ordinance, crop farming and wholesale greenhouses are permitted in every district. Solicitor Bernathy asked if it fits the definition of crop farming and wholesale greenhouses because he is going by what the zoning officer said them he is not here tonight to discuss this. Solicitor Bernathy continued by stating that Mr. Puopolo wants to do hayrides also. Further discussion followed. Supervisor Flansburg said the message is if we can help we will.

Mr. Barth said two people that came in to the meeting tonight with zoning issues that find they are not allowed to do what they want on their properties, questioning is our zoning ordinance too restrictive for businesses. Chairman Ewbank said that is not the case. They are trying to do things in certain zones where it is not permitted, however it is permitted in other zones. Solicitor Bernathy says it is not too restrictive, a lot of planning and consulting went into the ordinance and the ordinance is compliant with Pennsylvania law. Further stating you have to be careful with piecemeal amendments to the ordinance. Discussion followed.

Monroe Optical: Fire Chief, Bill Koferl stated when Monroe Optical came to the Township they proposed a 4200 square-foot building. They received the building permit for 5940 ft.² questioning how they went from planning with 4200 ft.² to building with 5940 ft.² Solicitor Bernathy stated they are in violation of the land development plan and a stop work order should be issued. Supervisor Flansburg asked if we could send the building inspector down to put a stop work order on tomorrow. Mr. Koferl said they will have to add an additional hydrant.

SUBDIVISION REVIEW AND ACTION:

Delaware Valley School District Gym Addition: Tabled awaiting NPDES approval.

EXECUTIVE SESSION: Called for litigation regarding Dombrosky, Banach, and 1005 Pennsylvania Ave. LLC at 9:12 PM.

Back in session 9:52 PM.

ADJOURNMENT: Meeting was adjourned at 9:52 pm on a motion by Supervisor Flansburg. Motion seconded by Supervisor Melvin and carried with all in favor. 

Respectfully Submitted,

Lisa A. Green, Secretary

Supervisors Minutes August 7, 2012

WestfallTownship, Matamoras, PA

August 7, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, August 7, 2012 at 7:00 pm. The meeting was held at the TownshipBuilding on Delaware Drive and LaBarr Lane, WestfallTownship.

Those present were Vice-Chairman, Paul Fischer; Supervisors, Raymond Banach, 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, Luis Bocaletti, Ken Zielazny, Marvin Eversdyke, Chris Lordi, Mrs. Gregory, Roland McDonald, Judee Doughman, Lisa Mickles and approximately 5 members of the general public.  Supervisors, Robert Ewbank and Larry Flansburg were not present.

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

Vice-Chairman Fischer said there was an executive session held 6:00 PM, Thursday, August 2, 2012 for the purpose of the Dombrosky litigation.

PUBLIC COMMENT: Bill Koferl asked about the Heaters Hill project. Bill Schneider said we’re waiting for the permit from DEP. Solicitor Bernathy said that would’ve been addressed however we are waiting for third-party approval.

Mrs. Gregory asked if there was any action taken on the property maintenance code. Supervisor Banach said that that was discussed at the workshop meeting, however comes down to having the money to pay a full-time code enforcement officer. Mrs. Gregory further questioned the variance hearing on the trailer at 1260 Delaware Dr. in Mill Rift that was never rescheduled. Solicitor Bernathy said separate counsel is handling the zoning hearing board and a call will be put in to that office to have the hearing rescheduled. Mrs. Green said she would call Attorney Waldron who was handling that.

MINUTES of the July 3, 2012 regular meeting and 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 we have collected 100% of our budgeted taxes for the year which is normal. Expenses are in line with budget. Supervisor Melvin asked if there was a small percentage outstanding. There is Supervisor Banach moved to approve report. Motion seconded by Supervisor Melvin and carries with all in favor. 

POLICE REPORT: Police Chief, Chad Stewart gave the report for July stating there were 6,952 miles patrolled and 275 calls for service. Supervisor Melvin moved to accept the police report. Motion is seconded by Supervisor Banach and carried with all in favor.

FIRE DEPARTMENT: Ken Zielazny gave the Mill Rift fire Department for July statingthere several rescue calls, two community service calls and a mutual aid call to station 39.

Bill Koferl gave the Westfall Township Fire Department Report for July reporting 7 Mutual Aid structure fires, 2 Landing zones, 3 Motor Vehicle Accidents, 2 Auto Alarms – Commercial False, 2 Trees on wires, 1 EMS assist, 1 search, 5 Water rescue, 1 car fire , 2 HazMat. Total calls for July are 26. They’re having the pulled pork dinner on August 17, 2012 the price is $8.  July EMS calls were 16 for the month. Mr. Koferl said Monroe Optical has no fire hydrant on the plan yet. Solicitor Bernathy questioned what the approved plans say. There is no hydrant on the plan. Solicitor Bernathy questioned if they conferred with the fire chief, stating his recollection is that Monroe Optical was supposed to confer with the fire chief who was supposed to agree to a location for the fire hydrant. Mr. Koferl said there should be two hydrants on the property. Solicitor Bernathy said the file needs to be pulled and acted upon. Stating that is the Township’s obligation. Motion to accept both reports made by Supervisor Banach. Motion seconded by Supervisor Melvin and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for July stating that they worked on equipment maintenance, mowing the Township properties and pothole repairs throughout the Township. Mr. Schneider attended the road task force meeting. They continued the month by repairing drainage problems and trimmed trees and brush out of right-of-way site improvements on Cummins Hill Rd., Roberts Lane and Old Milford Road. They replaced stop signs at Bertha Street and Blue Ridge Avenue and replaced a no outlet sign on Old Milford Road. Supervisor Banach moved to approve the report. Motion is seconded by Supervisor Melvin and carried with all in favor.

BUILDING/ZONING REPORT: Zoning Officer Mike Rendleman stated that due to an ongoing computer problem there is no report. Supervisor Melvin asked if there is anything that needs to be done to fix the computer problem. Lisa Green stated that it is being worked on. Supervisor Melvin questioned our backup. Mrs. Green stated there is a backup so data will not be lost.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated the Township may be removed from the plan by January of 2013. 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 Banach moved to approve report. Motion is seconded by Supervisor Melvin and carries with all in favor.

Pedestrian Tunnel: Supervisor Banach said Supervisor Flansburg asked to put this on the agenda. Further stating we spoke about this at the workshop. Supervisor Melvin said we want to keep this on the agenda so we can continue to work with PennDOT to see if we can amend the contract. Supervisor Banach asked if there have been any problems. Mrs. Doughman said there really haven’t been any problems but she notices the tunnel was painted and now there’s graffiti on it again. Stating they are starting to see a small amount of activity. Supervisor Banach questioned the Chief asking if there have been any arrests down there. Chief Stewart said there have been a few arrests and there was an arrest regarding the graffiti but they did not receive restitution when they went to prosecution. Chief Stewart recommends sending a letter from the Township stating we want restitution. Supervisor Banach questioned who we should send the letter to. Chief Stewart suggested sending the letter to the Magistrate’s office with a copy to the District Attorney.

Floodplain Manager: Mrs. Green stated that Supervisor Ewbank who was appointed last month does not feel qualified to do the job after reading list of qualifications. Supervisor Banach questioned if we could appoint our emergency management coordinator from the County or whether we could piggyback with another municipality. Mrs. Green will check into it. Discussion followed. Vice-Chairman Fischer suggested bringing it up at COG meeting. Mrs. Green said that’s where she first found out about it through Mike Mrozinski. Solicitor Bernathy asked if Mrs. Green would supply the board with the list of qualifications.

NEW BUSINESS:

Refund of Taxes: Carol Lynn Schinski – Reduced Value 2,260: Motion to approve refund made by Supervisor Melvin. Motion is seconded by Supervisor Banach and carries with all in favor

Appointment of Alternate Zoning Officer: Supervisor Banach said we have two bids, one from BIU Inc. at $20 per hour, the other from Naik Group (Al Handy) at a rate of $80 per hour plus reimbursable expenses.

Supervisor Melvin moved to appoint BIU Inc. at $20 per hour as Alternate Zoning Officer. Motion is seconded by Supervisor Banach and carries with all in favor.

MRM Trust – Discontinuing class 994 Coverage for Volunteer Fire Departments: Mrs. Green stated this is for the workers compensation insurance. The company is discontinuing coverage because if the firemen are diagnosed with cancer this could be covered under workers compensation. Supervisor Melvin asked how we could obtain coverage. Mrs. Green said we would obtain coverage through the state fund. Solicitor Bernathy said to make sure there is no lapse in coverage. Supervisor Banach suggested applying immediately to the state. Supervisor Melvin questioned if they’ve dropped everyone in the state. Mrs. Green said yes they’re discontinuing coverage for everyone. Bill Koferl asked if there discontinuing coverage across the state Mrs. Green said yes.

Road Bids – Pine Terrace & Meadowbrook Roads: Supervisor Melvin questioned if these specs are going out with shoulders and without shoulders as discussed. Bill Schneider answered yes they may do the shouldering themselves. Supervisor Banach asked Mr. Myer if we had the money to do the projects. Mr. Myer said we have approximately $109,000. Supervisor Banach moved to advertise the bids for this project. Bids will be received and opened September 4, 2012 at 7:00 PM. Motion is seconded by Supervisor Melvin and carries with all in favor.

Commissioners Request for Meeting Attendance – TGP Northeast Upgrade Project: Vice-Chairman Fischer said the Commissioners request attendance at the meeting for the TGP Northeast Upgrade Project. They gave three separate dates in September and wish to know by August 15th which date is acceptable. Chairman Ewbank will probably be the one to attend the meeting. Supervisor Melvin said if Chairman Ewbank can’t go then he will try to go.

SUBDIVISION REVIEW AND ACTION:

Delaware Valley School District Gym Addition: Chris Lordi representing the DelawareValleySchool District addressed the board and stated there were three outstanding issues: One was the NPDES permit approval that they are working on which should be forthcoming soon. Two was DEP approval and the third main issue is the sidewalk. Mr. Lordi stated the area of the main entrance toward the convalescent home to the right is deemed an environmental buffer and no new construction is allowed in that zone. The property going from the front of the school to the Wal Mart would be a sidewalk going to nowhere since Wal Mart has no sidewalk. Mr. Lordi said that Route 6 & 209 has been labeled by PennDOT as a hazardous walking condition and therefore they would not permit a sidewalk on the road. Mr. Lordi continued by stating the last time they were here the board suggested they put the sidewalk on the school district property and he believes it will place an undue burden and liability to the school district. Supervisor Banach said when you walk through Matamoras there are sidewalks and they’re owned by the person. If you don’t shovel it you get a fine, and someday when they update Route 6 & 209 everyone will have a sidewalk. Vice-Chairman Fischer said he didn’t believe the Supervisors would budge on the sidewalk issue. Mrs. Green stated there were two waiver requests, one for the bleachers and one for the sidewalk, but there was no vote taken. Mr. Lordi said the waiver request for the bleachers was to allow the handicap ramp to be placed on the setback line so they did not have to move the bleachers. Solicitor Bernathy said in that case there would be no impact on the adjacent properties. Supervisor Banach moved to approve the waiver request for the bleachers. Motion is seconded by Supervisor Melvin and carried with all in favor. Supervisor Banach moved to deny the waiver request for the sidewalks. Motion is seconded by Supervisor Melvin and carries with all in favor. Mr. Lordi questioned if the school district could post a bond for the sidewalk. Solicitor Bernathy said anything to be helpful to the school district. Supervisor Banach moved to accept a bond for the sidewalk subject to our Engineers review of the costs. Motion is seconded by Supervisor Melvin and carries with all in favor.

EXECUTIVE SESSION: Vice-Chairman Fischersaid the board will go into executive session (7:44 PM) for the Dombrosky litigation and mentioned that an executive session was held prior to the meeting for the same purpose.

Michael Rendleman addressed the Board saying if they were going to hire an alternate zoning officer at a rate of $20 per hour which is several dollars more than he is being paid they can hire him full time. Solicitor Bernathy explained to Mr. Rendleman that there wasn’t going to be much need for an alternate zoning officer. Stating it is a necessity. Mr. Rendleman said the comment still stands.

Roland MacDonald asked to have someone check the red lights going to Milford. Stating they change too fast.

Supervisor Banach asked if that is a PennDOT issue. Mrs. Green said Kuharchik Construction would be called to reset the lights.

Back in session 8:24 PM.

Solicitor Bernathy stated that as of this time the supervisors have settled the Dombrosky litigation and are circulating an agreement for signature at this time. Lisa Mickles reporter for the dispatch questioned if it will be available to the press. Solicitor Bernathy it will be a matter of public record. Ms. Mickles asked how does she get more information. Solicitor Bernathy said whatever she would like to know will be made available shortly.

ADJOURNMENT: Meeting was adjourned at 8:26 pm on a motion by Vice-Chairman Fischer. Motion seconded by Supervisor Melvin and carried with all in favor. 

Respectfully Submitted,

Lisa A. Green, Secretary