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.
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.
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.
Lisa A. Green, Secretary
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