Supervisors Minutes May 7, 2013

Westfall Township, Matamoras, PA
May 7, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, May 7, 2013 at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg and Robert Melvin; Solicitor, Robert Bernathy, and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Township Engineer, Joseph Hudak; Bill Schneider, Ed Isaacson, Luis Bocaletti, Lisa Mickles, John Stieh, Nate Oiler, Rollin Cook, Lisa Babcock, Twila Decker, Chuck Pranski, Bob Bostinto, Nancy Price, and approximately 17 members of the general public.

AGENDA: The agenda was amended to remove the executive session and to move Subdivision Review and Action up before public comment. Amended agenda approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

SUBDIVISION REVIEW AND ACTION:

Rivers Edge, L.P. – Release of Development Approvals: Representative – Attorney, John Stieh

Attorney Stieh addressed the board stating he was here on behalf of River’s Edge who has sought a reduction in the bond that was posted in connection with the land development approval received in 2006. They are also looking to give up development rights to 24 of the units in Phase 3 of the project because they are no longer economically viable. Mr. Stieh has brought a copy of the plan to show the Supervisors the units that they will be vacating. Mr. Stieh explained that this is the recorded approved plan that was approved back in 2006 and the units they are proposing to give up are the units adjacent to the Home Depot between Rivers Edge Drive over to Heritage Point. Solicitor Bernathy questioned if the bond was relative to those 24 units. Mr. Stieh said that is correct. Supervisor Flansburg questioned what would be constructed. Discussion followed. Supervisor Banach questioned if once this is abandoned if a new map will be recorded. Mr. Stieh said no they have prepared an agreement that is to be recorded that will make reference to the map. Supervisor Banach said that in five years if they want to come back and develop they have to start new. Mr. Stieh said that is correct they would have to meet all the development approvals that are in effect at the time. Further discussion followed about future development. Solicitor Bernathy said for purposes of reference and for the courthouse records he believes it would be legally prudent to have an amendment to this map prepared and recorded of public record and referred to in the agreement showing the vacated portion. Further stating the release of development approvals can be approved conditional upon having the map recorded. Mr. Stieh said he truly seeks to avoid having to incur that expense because the agreement will run with the title to the property and it will cross reference the map at the recorder of deeds office. Commenting that if he will be buying a unit Rivers Edge and searches the title to find what is of record they will find that section has been vacated. He respectfully submits that is not necessary to spend the money to have the plan changed because it’s already going to be of record. Solicitor Bernathy said in the event of a conflict between the map that’s recorded and the writing that’s recorded he understands that the map is controlling. Supervisor Banach questioned if in Pennsylvania a title search is required when buying a piece of property. Mr. Stieh said no it is not required. Discussion followed. Mr. Stieh disagreed with the board’s position.

Supervisor Banach moved to approve the release of development approvals conditioned upon an amended map being recorded showing the abandonment of the 24 units in Phase III. Motion is seconded by Supervisor Melvin and carries with all in favor.

Warwick Properties – Westfall Senior Apartments: Representative – Nate Oiler, R.K.R. Hess

Nate Oiler addressed the board stating they have been before the board previously with a Conditional Use application that was granted and they have now been through the Planning Commission with Preliminary/ Final Land development. Mr. Oiler is asking for a waiver to do both at the same time since they meet the requirements and stated they have a recommendation from the Planning Commission and a review letter from the townships engineer. Solicitor Bernathy suggested that Mr. Oiler give a brief presentation for the public’s information. Mr. Oiler said the site is located at the end of Hulst Drive between Paddlers Point Phase 1 and the Delaware River. It is proposed to be 93 affordable senior housing unit ages 55 and older with the exception of this super who will reside and one unit. The developer Mr. Mandelbaum had a previous engagement tonight and could not attend the meeting. Supervisor Melvin questioned if everything met the requirements of the fire Department. Luis Bocaletti stated that it did.

Solicitor Bernathy stated that the Planning Commission has recommended approval of this land development subject to the following five conditions: 1) the applicant should be aware that no final approval will be granted until PA DEP and MATW approve the sanitary sewer connection. 2) A letter of adequacy from the Pike County Conservation District (PCCD) for Erosion and Sediment (E & S) Control will need to be provided prior to any earth disturbance on the site. 3) An NPDES permit from PA DEP is required prior to any earth disturbance on the site. 4) Evidence of actual arrangements and legal agreements with local utilities for providing services must be provided prior to final plan approval. 5) The applicant should be aware that a review of the plan by the Westfall Township Volunteer Fire Department will be completed prior to final approval. Any comments from that reviews should be included on the plan. Solicitor Bernathy said with those five conditions it is right for disposition. Supervisor Banach commended Mr. Oiler on his response letter to the Pike County Planning Commission.

Mr. Oiler said he has received comment back from the Conservation District with regard to the NPDES Permit and that it should be approved within a matter of weeks. Solicitor Bernathy questioned Township Engineer Joseph Hudak as to whether they have met all engineering comments. Mr. Hudak said the comments were minor and were resolved. Supervisor Banach moved to approve the Final Land development plan subject to the five stated conditions. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

PUBLIC COMMENT:

Nancy Price addressed those is attendance stating that she is running for the office of Sheriff of Pike County and stated her agenda and expressed some of the duties of office. Solicitor Bernathy stated that he disagrees with Ms. Price’s opinion of the duties of the office of sheriff and stated that Ms. Price’s views are not the opinions of the Westfall Township Board of Supervisors.

Twila Decker representing the CAAC presented the Supervisors with an invitation to attend their upcoming meeting. She further questioned the property behind ‘The Grill’ on Bertha Street stating there are now two
storage trailers there and asked if it is zoned correctly and whether they have permits. Zoning Officer Mike Rendleman said he was not aware of the second trailer but what is there seems to be construction debris and that it is not an attractive nuisance. Discussion followed. Ms. Babcock said there is a soda cooler there and she does not see how that is considered construction material. Mr. Rendleman was instructed to take another look at it.
Supervisor Flansburg asked if we have a solid waste ordinance stating that is something to look into. Solicitor Bernathy said they will try to fit it into something.

Ms. Babcock said she is here to discuss the signs for the tunnel stating that she purchased the signs herself and thought it would be a good idea to place the signs to deter the graffiti and drug trafficking. She said she called PennDOT and spoke to Charlie and he said they could put up the signs. Solicitor Bernathy questioned what the signs said. Ms. Babcock said they say ‘Warning This Area is under Video Surveillance.’
Supervisor Flansburg asked Ms. Babcock if the person she spoke to was Charlie Kingston and stated that he has recently told the Township that PennDOT will not take responsibility for the signs being down at the tunnel. Mrs. Green said it was stated verbally not in writing but that Mr. Kingston said PennDOT would not take responsibility for any liability that incurred for the signs being at the tunnel. Discussion followed with Ms. Babcock questioning why PennDOT will not take responsibility since it is their tunnel. Mrs. Green explained that at first Mr. Kingston called the office and said they have permission to put up the signs, but then it came to the board at their meeting and the board questioned who would take responsibility for any liability that incurred due to the signs being posted. When PennDOT was called Mr. Kingston stated PennDOT will not take any responsibility for any liability. Ms. Babcock answered who would take responsibility if something happened at the tunnel such as someone breaking their leg. Solicitor Bernathy said that would be PennDOT’s responsibility.
Further discussion followed. Supervisor Flansburg suggested Ms. Babcock contact Mr. Kingston again and obtain a letter in writing. Ms. Babcock said she is very concerned about the area and that her house has been burglarized and that she has been tortured and she needs someone to help her to help clean up the area. Solicitor Bernathy said they need to contact PennDOT because it is their jurisdiction and their property.

Ms. Babcock continued by stating they have an abundance of cats and kittens and that she has one kitten left and asked that someone please come and take it. Discussion followed. Ms. Babcock asked that anyone please come to 1020 Margaret Street and take the kitten.

Ms. Babcock then said she lives right next to the 84 Tunnel and that the traffic from 84 is shaking her house and something has to be done. She is requesting sound barriers. Supervisor Banach suggested she distribute a petition and bring it to the Supervisors at the next meeting and then the Supervisors could send a letter to PennDOT. Ms. Babcock said she will seek legal advice to get something done. Supervisor Banach said they have no control over the interstate highway system.

Chuck Pranski questioned how we could get out of the agreement with PennDOT for the tunnel and give it
back to them. Solicitor Bernathy said the problem is when I 84 was coming through the township petitioned PennDOT for the tunnel and PennDOT expended a considerable amount of money to construct the tunnel.
Discussion followed.

Ed Isaacson suggested Ms. Babcock contact the Humane Society or Pets Alive in Middletown who will come and pick up the cats and have them spayed and then let them go.

Ms. Decker said when the tunnel was first requested the request was made to have it be large enough to accommodate emergency vehicles such as an ambulance or fire truck and since that part of the agreement was violated she feels we should be able to get out of the maintenance agreement and gate the tunnel off.

Ms. Babcock questioned what happens if someone goes in the tunnel with a bomb or someone gets shot there. Solicitor Bernathy said that is the state’s jurisdiction and the Township does not have any exposure and he does not want the Township to have any exposure such as the Township supporting or recommending that signs be put up. Further stating the Township cannot afford that.

Bob Bostinto suggested with the rebuilding of Interstate 84 they should put up quietizers and seal off the tunnel.
Further discussion followed.

Rollin Cook said he and his wife made several calls to Comm Center regarding Assistant Chief Eric’s Stewart shooting in his backyard because it is not safe, and stated the police came up and did their thing. Solicitor Bernathy questioned if it was investigated. Mrs. Cook said yes and that the first time she called she wasn’t sure who it was because it was deer season and it sounded like it was right in her backyard. Mr. Cook continued by saying regardless of all this on Saturday he was driving his golf cart up the road and Mr. Stewart stopped in his black truck and told him he was being petty and if he continued to be petty he would give Mr. Cook a citation and be petty back to him stating he would citation him every time he drove his golf cart on the road. Mr. Cook said he is using the police force now and further stated that there are several people who drive tractors, golf carts, mopeds, four wheelers and that his response to Mr. Stewart was that if he gave him a citation for driving a golf cart on the road he would have to give Mr. Height a citation as well as himself for driving his quad up and down the road. Solicitor Bernathy suggested Mr. Cook take this complaint to the Police Commission. Supervisors Banach and Flansburg said there are Commission members present on the board. Supervisor Banach continued by saying this is not the first time and he applauds Mr. Cook for coming in. Further stating he has talked to Supervisor Melvin and previous board members about a certain police officer doing this and people have not come forward because they’re afraid of retaliation. And he applauds him for coming forward and saying it and that we have two Police Commissioners on this board and it needs to be addressed. Solicitor Bernathy said that the complaint needs to go to the Police Commission. Supervisor Banach said Mr. Cook doesn’t need to expose himself anymore and that we’ve had people that have come to meeting addressing concerns about the Police Department and they were pulled over that night or the next night and told what were they doing at the meeting. Supervisor Banach further stated that people are afraid to come to our meeting and continued by stating there are two sides to every story and the Police Commission needs to investigate and find out what the truth is. Mr. Cook said he is sure that he is going to be harassed. Supervisor Banach said this is not the first time this officer has done this. Supervisor Flansburg said to be clear they spoke about this before the meeting because we knew this was coming and that they had discussed maybe having an individual or a panel assigned by the commission to handle these so that an individual would not have to stand before the police officer who’s doing this to you. Vice-chairman Fischer said this is something that the Commission has to discuss with their attorney to figure out how to deal with this type of situation. Supervisor Flansburg he is appalled at this. Supervisor Melvin said there are two issues here one being where a resident could go lodge a formal complaint without fear of retaliation or retribution and that is something that has to be figured out by the Commission. That will be discussed at next Monday’s Commission meeting. And the second thing is how do they investigate the situation and that will also be discussed at the next meeting. The Commission may ask to have someone independently come in and investigate this. Supervisor Melvin thanked Mr. Cook for coming forward and said this is something they will take this very seriously. Supervisor Flansburg said if it is found to be true it has to be known that a police officer cannot use their badge as a weapon. Supervisor Melvin said he does not have the facts and he is not saying that Mr. Cook is making this up but there are two sides to the story and it needs to be investigated and not just pushed to the side. Further stating that since Mr. Cook is willing to come forward with this they owe him the courtesy of a response. Supervisor Melvin then said he is on the Police Commission and he supports the Police Department but there are limits and there is right and wrong and he is just hearing about this five minutes before the meeting. Stating that the Cooks seem to be very responsible citizens and he has no reason to doubt them whatsoever and thanked them for coming in. Vice-chairman Fischer said they have to create the proper forum to discuss this and it will be discussed at Mondays Police Commission meeting.

Lisa Babcock asked if there was a limit such as how far you had to be from a home with regard to discharging guns and arrows saying that they are finding arrows in their front yard because their neighbor is missing his target.

Solicitor Bernathy said there is no prohibition regarding the discharge of a firearm and the township has no ordinance against it. There are hunting regulations and regulations regarding shooting ranges such as what zone they can be in but as far as the discharge of a weapon that is not illegal. Ms. Babcock said that means she can shoot a gun on her property. Solicitor Bernathy said of course she can. Supervisor Melvin said not in Matamoras. Solicitor Bernathy said some Boroughs and Communities have prohibitions against that but the township does not and if they did you would not be able to protect yourself in your own home, stating the township does not regulate that and that is one of the reasons why because you would not be able to protect yourself.

Vice-chairman Fischer said as far as illegal driving of unregistered vehicles on township roads which means everybody there is a question of how far we can go. Mr. Cook said Mr. Stewart does it himself and that they all do it and he is not denying that. Solicitor Bernathy told Mr. Cook not to incriminate himself. Supervisor Banach said it doesn’t make it right and they can talk about what happened on his property and it doesn’t make it right because you have a badge. Vice-chairman Fischer said he is not saying that. Chairman Ewbank said they are getting into things that they have no control of. Supervisor Melvin confirmed that this will be discussed at the next Police Commission meeting Monday at 6:00 pm.

MINUTES: Minutes of the April 2, 2013 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Banach. Chairman Ewbank abstained. Motion carries with four in favor and one abstention.

Minutes of the April 18, 2013 meeting agenda were approved on a motion by Supervisor Banach. Motion seconded by Supervisor Flansburg. Supervisor Melvin abstained. Motion carries with four in favor and one abstention.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for January through April stating that April is the second biggest month of real estate tax collections. May is the biggest. We have collected our first Amusement Tax money from the DVSD who sent the check directly to the township. May 1st we made our payment to Dombrosky. Supervisor Flansburg moved to approve the treasurer’s report. Motion was seconded by Vice-chairman Fischer and carries with all in favor.

POLICE REPORT: Vice-chairman Fischer gave the report for April. There were 214 calls for service and 7,013 miles patrolled for the month. Supervisor Banach moved to accept the report. Motion is seconded by Supervisor Flansburg and carries with all in favor.

FIRE DEPARTMENT: Ed Isaacson gave the Mill Rift Fire Department report for April stating that on 4/3 they burned a brush pile at the Mill Rift Cemetery, on 4/9 they had an RV Fire on Heaters Hill, a Brush Fire Stand-by at 39 as well as their monthly meeting, on 4/17 they had the drill at boat launch, on 4/24 they had a work night , 4/28 they had a brush fire at the Best Western as well as a Brush Fire in Montague.

Luis Bocaletti gave the Westfall Township Fire Department Report for April reporting 3 automatic fire alarms, 4 motor vehicle accidents, 2 vehicle fires, 2 wires down, 8 smoke investigations, 1 possible structure fire, 1 brush fire, 1 fuel spill, 4 mutual aid structure fires, 3 mutual aid brush fires, for a total of 29 calls and 322.74 man-hours for the month. They also had training on April 4th, 11th, 18th, and 25th. Total man-hours for training were 101.5. For EMS there were 43 calls for Westfall, 11 covering squad 33 and 1 in Shohola and 1 in Montague. Mr. Bocaletti said they also have a fundraiser this month at Jakes Wayback Burgers on the 20th between 4-7 with a portion of the proceeds going to the fire department. Supervisor Banach questioned if their ambulance went all the way to Shohola. It did. Solicitor Bernathy asked if it was the closest available. It was. Mr. Bocaletti said they are normally covered but it was just a coincidence that they went out that far. Vice-chairman Fischer moved to approve the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for April stating that they continue with equipment maintenance. He attended the Road Task Force meeting. They continued to repair drainage problems and the bank on Heaters Hill Road. Filled pot holes on Cummins Hill. Spoke to Leeward Construction regarding the millings on Fire Tower Road. Supervisor Flansburg questioned if Mr. Schneider had prices on that. He said it was either $200 per hour or $4500 per week with an operator and stated if it were a three day operation it would cost $4800. Discussion followed with Mr. Schneider saying they could think about it for a little while but not for long because the work needed to be done. Supervisor Melvin questioned if we had our own operators to do this. Supervisor Banach said they go by engine miles. Supervisor Melvin moved to authorize Mr. Schneider to spend up to $5000 for the equipment required to do the millings on Fire Tower Road. Motion is seconded by Supervisor Flansburg. Solicitor Bernathy stated for liability purposes he prefers that our men do the work. If Leeward is doing the work we would need the Township named as an additional insured on their policy and he would like to review the policy to check their limits. Supervisor Melvin amended his motion to approve the spending of up to $5000 for the rental of the equipment and the delivery of the equipment for one week to do the job using Township employees. Supervisor Flansburg requested that Mr. Schneider leave one guy available for emergencies around town. Motion is seconded by Supervisor Flansburg and carried with all in favor. Mr. Schneider said he also spoke to Joe Hudak of Kiley Associates with regard to the work that needed to be done on Heaters Hill and Cummins Hill Road. Supervisor Banach asked which is the most important one to do first. Mr. Schneider said they’re equally important, but it wouldn’t make sense not to do the work on Heaters Hill now. After some discussion Supervisor Melvin moved to accept the Heaters Hill stream bank stabilization in the amount of $6325. Mr. Schneider continued by stating they received the signed road maintenance and video roadway on Cummins Hill from Michel’s construction for Tennessee gas. They received prices for the leaf vacuum which are in the Supervisor’s folders. Bill Schneider, Dick Mai, Robert Howard went to the equipment safety class put on by NEPA. And Robert Howard and Dick Mai attended a chainsaw class. They’ve been removing trees and trimming bushes from the right-of-way Fire Tower Road. The work on Heaters Hill for the FEMA project is 95% completed and we have been invoiced for that. Mr. Schneider believes we need approval from the board to pay the bill. Chairman Ewbank said we had two bills from Morgan site contractors for the Heaters Hill Rd., Culvert emergency repairs $36,503.52. The site work change order number one was $4080 and another change was $1200 for total of $5280. The first invoice number 67. Motion to approve Invoice No. 67 made by Supervisor Banach. Motion seconded by Vice-chairman Fischer and carried with all in favor. The second invoice was number 69. Motion to approve Invoice No. 69 made by Vice-chairman Fischer. Motion is seconded by Supervisor Banach and carries with all in favor. Mr. Schneider said we requested the use of the street broom from the DRJBC and have been working with Nelson Tree Service removing trees from problem areas in the Township. Motion to approve report made Supervisor Flansburg. Motion seconded by Vice-chairman Fischer and carries with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman said there were 11 building permits and seven zoning permits for the month of April with fees of $5300. Supervisor Melvin moved to approve the report. Motion is seconded by Vice-chairman Fischer and carried with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS: None

NEW BUSINESS:

Abandonment of Pond Drive: Solicitor Bernathy said he understands that the supervisors are seeking to vacate a portion of Pond Drive amounting to 1953 feet. The law is you need to do this by ordinance. Prior to doing so you have to have the hearing and give adjacent property owners 10 days written notice with the time and place of the hearing. If you vote in favor of the ordinance you need to send the enacted ordinance including a survey of the road including its location and its width to the County. Following that any property owner who is aggrieved can within 30 days with surety to identify the Board of Supervisors for costs, they can file exceptions. In the event exceptions are filed the court would appoint viewers who would review the ordinance as well as the exceptions. With that said we need to get the names of the adjacent property owners and set the date for the hearing. Chairman Ewbank questioned if we wanted to carry through with this. Discussion followed regarding the amount of liquid fuels money we received for this portion of the road. Supervisor Flansburg asked what the financial burden is to vacating the road. Solicitor Bernathy said we need to find out who the adjacent property owners are and send them notice and we have to have a survey done. Supervisor Banach suggested using the original survey when it was given to the town. Solicitor Bernathy felt the biggest expense would be the survey. Chairman Ewbank questioned if we abandon it are we going to have to put a cul-de-sac in. Solicitor Bernathy said no. The board decided to place this on the agenda for the next meeting to give time to find out who the adjacent property owners are as well as giving Solicitor Bernathy the opportunity to discuss the survey or draft that is required with our Township Engineer.

JR Davenport – Fireworks Riverview Inn July 4, 2014: Mr. Davenport was not present. Tabled.

Armed Forces Day Ceremony: Chairman Ewbank said for everyone’s information there will be an Armed Forces Day Ceremony on May 18, 2013 at Veterans Park in Matamoras. There will be no parade. There will be refreshments following the ceremony. The ceremony is being sponsored by Veterans Memorial Park and Education Center and Matamoras Devore-Quinn American Legion Post # 486.

Road Opening Policy and Procedure: Solicitor Bernathy said we have Resolution 2013–2 approving
The Water Trench and Road Restoration Requirements. Supervisor Banach moved to approve the resolution. Motion is seconded by Supervisor Flansburg and carries with all in favor. Supervisor Banach explained for the public that this is a policy for the purpose of when our roads are cut open there’s a policy in place to have them put that so that the Township residents are paying for it.

Signs: Supervisor Melvin said he and Supervisor Banach had a discussion about business signs that are popping up all over town that may not be paying the right fees or making sure there permit it and we seem to be proliferated with signs that are falling down and on the Route 6 & 209 corridor they are very prevalent. He wants to make sure that everyone is following the same policy and procedure. Supervisor Melvin questioned the zoning officer as to what the policy was with the vinyl signs that were stuck in the ground. Mr. Rendleman said for the most part they are not authorized. And the issue with the signs is that a letter has to be written given them 30 days to remove the sign. Supervisor Banach questions if it’s a matter of changing something in the ordinance to get something with some teeth. Vice chairman Fischer suggested contacting PennDOT again with signs that are posted on the fence in front of the shopping centers. Discussion followed. Supervisor Melvin said he is concerned because there are businesses that have come to us for approvals that were told no yet we have signs popping up all over. Supervisor Banach suggested the secretary reach out to PSATS to see how other townships are handling this situation. Solicitor Bernathy said that is not necessary since we have an ordinance. All the zoning officer has to do is issue a violation notice. Stating either we enforce the ordinance or we don’t. Further discussion followed. Solicitor Bernathy said this does become tedious for the zoning officer. However if we don’t send the notices the signs are bound to stay there. Chairman Ewbank asked who gets the violation notice the business or the property owner. Solicitor Bernathy said it attaches to this sign so it is the business. However the property owner should be copied.

Leaders of Tri State Government: Chairman Ewbank said that Mayor Clark started an ad hoc committee which met for the first time April 30. The committee is Mayor Clark from Matamoras, George Zitone from Montague, Bo Fean from Milford, Gary Clark from Milford Township, Chairman Ewbank from Westfall Township, Russ Potter from Port Jervis, and Karl Brabenec from Deer Park. The object of the committee is to promote our communities within other communities so that they can work together. They say it is the Tri State Area, Orange, Sullivan, Sussex and Pike Counties, there are seven towns, three states and they talked about shared services, and even better going on so that people can be notified. The next meeting is June 19 location to be determined at 7 PM and their comment to me every other month. The public is invited to attend. Chairman Ewbank said because he is a Lame Duck he suggests that someone else get involved because Chairman Ewbank will only be attending the next two or three meetings before his term expires. Supervisor Melvin said he will check his calendar and see if he can attend.

Chairman Ewbank said for informational purposes the Matamoras Water Authority will be flushing hydrants starting May 5th from 10 PM to 10 AM each day until completed. And sometime in May the Matamoras Water Authority will be replacing water lines on Pennsylvania Avenue from 10 Street to Stella Street and anyone that is going to be affected will be notified 24 hours before the start. If anyone has any questions they can contact the water authority of 491-2715.

Service Agreement – Marangi Disposal: Solicitor Bernathy said he has reviewed the agreement and subject to his previous review comments the change should be for a term of one year as opposed to five years, and in the last sentence the word material should be changed to waste so we have the definition of unacceptable waste. Aside from that it is right for disposition. Supervisor Banach moved to approve the contract. Motion is seconded by Supervisor Melvin and carries with all in favor

Tax Abatement – Zitone – 8030: Chairman Ewbank said we have a tax abatement for Joyce Zitone where the assessed amount has been reduced by $8030. Solicitor Bernathy said the reason for the reduction is because the house has been removed. Supervisor Melvin moved to approve the tax abatement. Motion is seconded by supervisor Banach and carries with all in favor.

Chuck Pranski said he sees we’re being taken to court over the entertainment tax and his concern is that we’re going to be spending more in attorney fees than it is worth. Supervisor Flansburg said we are not being taken to court over an entertainment tax. The amusement tax is that a neutral spot. Solicitor Bernathy set we are involved with litigation and we are precluded from speaking about it. Mr. Pranski said his concern is that we are going to spend $20 to make $10. The Supervisors said they are very well aware of the situation.

ADJOURNMENT: Meeting was adjourned at 8:50 p.m. on a motion by Supervisor Flansburg. Motion seconded by Supervisor Melvin and carried with all in favor.

Respectfully Submitted,

Lisa A. Green
Secretary