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.
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.
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.
Lisa A. Green, Secretary
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