Supervisors Meeting July 9, 2013

Westfall Township, Matamoras, PA

July 9, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, July 9, 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; Bill Schneider, Chad Steward, Ed Isaacson, Luis Bocaletti, Lisa Mickles, Beth Brelje, Lisa Babcock, Twila Decker, Chuck Pranski, Tom Greiner, James Rose, Landa Copertino, John Dalton, Rob and Jonell Killmer, Gary Williams, and approximately 13 members of the general public.

AGENDA: The agenda was amended to remove #1 under New Business. Amended agenda approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor. 

PUBLIC COMMENT: Tom Greiner addressed the board stating he has brought forth with him letters requesting waivers from the isolation distance to the well for a septic system at 1036 Delaware Dr. Solicitor Bernathy questioned if this has been submitted to our SEO. Mr. Greiner said that Chris Wood needed the approval of the Supervisors before he would approve the permit. Mrs. Green stated that the Sewage Enforcement Officer wrote a memo to the Board of Supervisors that was on last month’s meeting agenda relating this situation and that the board requested waivers from the property owner and the neighbor regarding the isolation distance. Mr. Greiner said there is a copy of the design as well as a letter from the property owner and the neighbor stating they are aware of the encroachment into the isolation area. Supervisor Flansburg moved to add the Septic System as item #5 on the agenda under old business. Motion is seconded by Supervisor Melvin and carried with all in favor.

Ms. Babcock said she heard from Congressman Marino’s office suggesting the Supervisors request a meeting with the parties involved concerning installing sound barriers along Interstate 84. Supervisor Flansburg volunteered to work on this with Mrs. Babcock. Supervisor Melvin suggested offering dates in the letter.

Ms. Babcock further stated that she has discussed the township meetings with some people and that lately it seems that things are getting out of hand. Such as things being said that shouldn’t be said and she felt that maybe it was time to have an office for a public advocate. Solicitor Bernathy said that legally people have a right to be heard and that public comment is an essential part of any public meeting. The board does not want to quell anyone from being heard. Any alternative from that he has some trouble with. Solicitor Bernathy further stated that we may agree to disagree and sometimes people may take things personally and sometimes they become political and get off-track but we certainly want to encourage people to be heard for better or worse. Ms. Babcock said there are issues that people have become up in arms about. Solicitor Bernathy said if he felt that people were getting out of order we have Chief Stewart present at the meeting who the board would ask to remove the person responsible. Discussion followed.

Twila Decker said they would like to have a block party on their block and questioned how they will go about that. Solicitor Bernathy questioned if they would close any street. Ms. Decker said they would close one street

from Maple down to Willow. Solicitor Bernathy questioned if Chief Stewart had any concern with this. He did not and said the road department would close the street. Solicitor Bernathy advised that he needs approval from the property owners of the street they are closing because access to their property may be blocked. Further stating that we do not allow open containers.

Landa Copertino said she sees that the township is trying to collect alternative taxes and questioned if the board considered a tax on fireworks and cigarettes, commenting that they make a lot of money and drive in and out. Solicitor Bernathy said as she may know they have considered a transaction tax which is a matter of public record however the supervisors have not passed it at this time. There is an amusement tax in place and he has also suggested an earned income tax.

MINUTES: Minutes of the June 4, 2013 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-chairman Fischer. Motion carries with all in favor.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for January through June stating that the majority of real estate tax has been collected and from the income standpoint we’re exactly where we should be at 75% of collections. As far as expenses we are at 45% which is below budget. All things considered we should be okay but would need a TAN in January.  Supervisor Banach moved to approve the treasurer’s report. Motion was seconded by Vice-chairman Fischer and carries with all in favor.  

POLICE REPORT: Chief Stewart gave the report for June.  There were 236 calls for service and 6,680 miles patrolled for the month. Chief Stewart said they have also done some training at the DVSD complex and they have done fingerprinting and bike registration at Shays and Airport Park. Vice-chairman Fischer said at last night’s Police Commission meeting they were informed that the Matamoras Borough Hall will be occupied on August 19, 2013 when the joint meeting was scheduled for the Supervisors, Borough Council and Commission. Supervisor Melvin said he will also not be available that day. The board decided to reschedule the meeting for August 21, 2013 at 6:00 PM and instructed the Secretary to send a letter to the Matamoras Borough Council to see if they are agreeable with that date.  Supervisor Flansburg moved to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

FIRE DEPARTMENT:  Ed Isaacson gave the Mill Rift Fire Department report stating that they had a live fire drill at the training center on 6/3, a mutual aid with station 39 on 6/6, mutual aid with station 39 on 6/7, monthly meeting on 6/11, training with persons with special needs on 6/13, cliff rescue on 6/14, training center for Scott packs Eng. 1 on 6/19, public service call on 6/26, dive call river rescue on 6/26, rural water movement drill station 39 with tanker 1 on 6/27. Total man hours for the month 48.5. Mr. Isaacson requested permission to attend the Port Jervis Parade on 7/13, and stated they will be having an open house and plaque ceremony on August 3rd from 12-5. Supervisor Melvin moved to allow Mill Rift to take the trucks to the parade. Motion is seconded by supervisor Banach and carries with all in favor. Supervisor Flansburg moved to approve the fire Department report. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Luis Bocaletti gave the Westfall Township Fire Department Report for June reporting 5 automatic fire alarms, 1 motor vehicle accidents, 1 vehicle fires, 3 wires down, 4 investigations, 4 water rescues, 2 asst police, 2 unattended control burns, 2 structure fires, for a total of 24 calls for the month. For EMS there were 44 calls for Westfall, 19 covering Milford, 4 covering Port Jervis and 1 covering Montague for a total of 68 calls. Mr. Bocaletti said they also had 14 members attend 3 hours of tanker operations training and Ike Decker passed his EMT exam. He then presented an update of the budget for the 6 month period that the board requested. Solicitor Bernathy questioned the water rescues if they were river rescues from canoes. Mr. Bocaletti said only one was from a canoe and year to date there were approximately 5. Beth Brelje questioned whether they were private canoes or from a livery. Mr. Bocaletti did not know. Mr. Dalton asked if they charge for river rescues commenting that they should. Mr. Bocaletti said by law they are not allowed to bill for rescue services. Vice-chairman Fischer moved to approve the report. Motion is seconded by Supervisor Banach and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for June stating that they continued work on Heaters Hill, painted the tunnel under I 84, attended the road task force meeting, and cleared rights-of-way on Reuben Bell Drive, Maple Ave, Bertha Street and Cummins Hill Road. The department also worked on clearing ditch & Culvert pipes after storms, mowed rights-of-way, shoulders, black top road & repair Malibu Road.  Mr. Schneider said the sweeper was in town from the Delaware River Joint Toll Bridge Commission and he would like to send a thank you letter. Called out for red light problem. June 8th there were trees & wires down on Rosa Switch Road, road closed 8-4:30. Meeting with PennDOT on relocation of Westfall Township Sewer Line, replacement under Route 6 & 209 and I 84 Bridge. Cost to relocate lines paid 90% by PennDOT because it is Federal Highway by the Westfall Authority. Suggested sending a letter to PennDOT regarding the condition of SR1015. Supervisor Melvin questioned what bridge he is referring to. Mr. Schneider said it is the bridge by 6 & 209 South by the Fire House. Discussion was held. Ms. Babcock said the Tunnel has graffiti all over it again. Supervisor Banach moved to approve the highway report along with the sending of the two letters. Motion is seconded by Supervisor Melvin and carries with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman reported that there were ten building permits, one mechanical permit, one electrical and three zoning permits for the month of June with fees of $9,434. Supervisor Banach questioned how he was making out with the signs. Mr. Rendleman said he was doing fairly well and needed to review those that have been taken down which are about 50%. Supervisor Banach questioned if Mr. Rendleman saw the letter regarding the cell tower in Mill Rift. Mr. Rendleman stated he spoke to the secretary about it today but had not seen the letter yet. Supervisor Flansburg told Mr. Rendleman that he had been contacted by the Walls today from the Village Diner asking what they could do about their sandwich board which they use to post the daily specials on. Mr. Rendleman said they would have to replace it with a permanent freestanding sign with the message board. Solicitor Bernathy said the ordinance does not provide for sandwich boards. Supervisor Banach 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:  

Milford Water Authority: Tim Gartner, Superintendent and Ron Gregory, Chairman represented the Water Authority. Supervisor Banach said the reason they have asked them to come in is because they have sent us a letter to extend the watermain into Westfall Township. Supervisor Banach said we cannot charge for that service although we would like to and asked the gentlemen what their intentions were. Mr. Gartner said for the last several years Mr. Van Etten has been after the water authority to extend the lines to his property because of the new DEP regulations. He has a small system but the regulations are getting so tough that DEP has been pushing Mr. Van Etten to tie into the Milford Water Authority. The National Park Service and Charles Pierce house have also been after them to tie in along with the Westfall Plaza Medical Center. They have invested over $40,000 in two different wells that are not getting sufficient water flow. The Authority has access to a PennWorks Grant that they are applying for and if they receive the grant they will go to the Pierce house. If not they will just go to the Van Etten property by Shady Lane which will be the closest to them which is approximately 1000 feet from where they are now. The chances of going to the Westfall Plaza where there are approximately 14 customers, after that there really are no customers. The only thing driving them is the customers asking for the service. Mr. Gartner said they have the capacity now and they are in a position to help. Solicitor Bernathy questioned if they would be going through the town right-of-way. Mr. Gartner said they be going through the Bertuzzi property however if they go to the Pierce house they will be crossing Old Milford Road. Discussion followed about the open road policy. Supervisor Banach said the fire hydrant that was installed when a previous supervisor gave permission to run the line to the Orange & Rockland building does not fit with our Fire Departments equipment. Mr. Gartner said every 500 feet they install a fire hydrant. Supervisor Banach questioned if there was costs to Westfall Township residents. Mr. Gartner said as they come in it will be reduced to $23.66 per hydrant per quarter. Solicitor Bernathy said if they will be compatible with our emergency services. Mr. Gartner said they request to use the same hydrant manufacturer. Solicitor Bernathy told Mr. Gartner to speak to the president of the Westfall Township Fire Department. Mr. Bocaletti said there are adapters that could be used to match Westfall’s equipment. Supervisor Banach questioned whether the $23.66 per quarter would be charged for each resident. Mr. Gartner explained that the charge is to the township as each township pays the hydrant fee which covers maintenance of the hydrant such as painting, snow removal, etc., and the residents get their own water bill. It also allows the fire department with an unlimited water supply.

Supervisor Banach questioned the hydrant tax. Mr. Gartner said they do not do a hydrant tax. Supervisor Flansburg questioned how many hydrants there would be and asked if they could use the lines already existing at the Pierce House. Mr. Gartner said there would be approximately 4 hydrants and that the lines at the Pierce House come in from the opposite direction and has been there since approximately the 1930s, but the Water Authority will take ownership from the end of the States property to the corner of their property. Supervisor Banach asked if they would have an objection to putting a representative from Westfall Township on their board. Mr. Gartner said he believed it could be worked out. Supervisor Banach said they would like the water authority to work with the sewer authority to make one cut in the road and share the cost to put everything in that they can legally for future infrastructure. Also stating that they looked into the Pennsylvania Municipal Authorities Act 53 which gives us under § 5604 representation on the board, so they are politely asking for that to be done. Mr. Gregory said he would have to get permission to expand the board. It may take some time to get that through the council. The pay is $22.50 per meeting. Supervisor Melvin said the residents benefiting from the hydrants would probably get a reduction in their insurance. Mr. Gartner said they just had an ISO evaluation and the residents within 1000 feet of a hydrant will have a reduction of $50-$75 off their insurance. Supervisor Banach questioned if they would like a formal request sent to the authority. Solicitor Bernathy said that this will be subject to a right-of-way agreement as well as agreeing to maintain, repair, and replace the hydrants, and compatible adapters. Also they will agree to work in connection with the Westfall Township Municipal Sewer Authority and appointing a representative on the board. A letter will be sent outlining the stated conditions.

Letter to Mill Rift Fire Department – Audit Request: Supervisor Banach questioned the status of this request. Ed Isaacson said he believed Ken Zielazny had turned in an audit report. Supervisor Banach said the report was very vague. Mrs. Green said Mr. Zielazny dropped off a record of transactions that was put together by their accountant and that it was not an audit report. Solicitor Bernathy said he is concerned with tracing township funds through the nonprofit entity and that given the fact that there were criminal charges filed as a result of this the Township wants to make sure that they can trace taxpayer dollars and have our accountant look at that. Further stating that he thinks that would be something the department would like to do and questioned when the last audit was done. Mr. Lamb said he does not know as Mr. Zielazny is not present. Solicitor Bernathy questioned the last time the Westfall fire Department had an audit done stating he wanted to treat everyone fairly. Mr. Bocaletti said they do not have audits done they do compilations each year. Supervisor Melvin questioned what the difference was. Mr. Myer explained that there are three types of financial statements that can be done compilations, reviews, and audits, a compilation is putting together financial records without tests and that he does so for the Westfall Fire Department. A review is a step up from a compilation where you apply procedures and need to be independent to do that. An audit report is giving an opinion but that there is no guarantee that you uncover fraud. And all three of those need to be done by a CPA. Solicitor Bernathy questioned what was received from Mill Rift. Mrs. Green said it was a re-created record of transactions performed by their accountant. Mr. Myer said that is not a financial statement. Supervisor Banach said they would like Mr. Myer to take a look at the report that was submitted and if he is satisfied then they will not need to do anything. If not they will want some other type of statement. Tom Lamb questioned who would pay for it. Supervisor Banach said the Fire Department would pay for it. Mr. Lamb said it is taxpayer’s money and they can’t pay for it and stated that if this is because of what happened that they received settlement from the insurance company. Supervisor Melvin asked both fire departments if they have controls on check signing, and processes to follow etc. Discussion was held. Chairman Ewbank had the report that was submitted from the Mill Rift Fire Department and Mr. Myer reviewed it stating it is not a financial statement. Mr. Isaacson said if they’re going to asked for an audit from their department they should ask for one from the Westfall Township Fire Department as well. Chuck Pranski said he was going to say the same thing that both departments should be audited if that is what the supervisors are requiring for Mill Rift. Chairman Ewbank said the Westfall Fire Department has a compilation done each year so that is what they would request from The Mill Rift Fire Department. Supervisor Melvin said that if they could explain what processes have been changed since the incident occurred that may be satisfactory. Solicitor Bernathy questioned the amount of the settlement. Mr. Lamb said it was just over $10,000. Luis Bocaletti said he believed that was the purpose of the budget report every six months to show their financial status midyear so they did not have to wait until the end of the year. Supervisor Melvin requested a budget report from Mill Rift. 

Pond Drive: Chairman Ewbank said Pond Drive was addressed at the last meeting. Supervisor Melvin added that there was discussion about the cost to upgrade the road in relation to what was received from liquid fuels. Supervisor Banach said liquid fuels money will not pay to upgrade the road. Mr. Schneider said that it is approximately 1900 feet of road. Solicitor Bernathy said a motion is needed to abandon that section and he will start the process. Further stating that he will put the adjoining property owners on notice but that is just one part of the process. Supervisor Banach moved to begin the process of vacating the 1900 foot unpaved portion of Pond Drive. Motion is seconded by Supervisor Flansburg and carries with all in favor. 

Act 47 Plan: Solicitor Bernathy said we had the opportunity to meet with DCED and Mr. Rose is present this evening representing the State. He has replaced Matthew Domines as Local Government Policy Specialist assigned to Westfall Township. Solicitor Bernathy said pursuant to that meeting he represents that the Township is continuing to meet its financial obligations and provide essential services but with that said whether or not we continue to participate with the plan there are pros and cons and we have left that with the supervisors to decide. Supervisor Banach questioned the pros and cons asking what will benefit the township by staying in. Solicitor Bernathy said there is the eligibility for grants, we have obtained one because we were participant in the program and that although he cannot discuss litigation, in the past the Township being in a distressed status was helpful. Although we have the money for Katz and Dombrosky there is a pending lawsuit and he recommends continuing with the plan. Chairman Ewbank suggested that with the current pending lawsuit he recommends staying in. Participating in the plan could have a potential negative effect regarding borrowing. Mr. Myer said he needs to spend a little bit of time with the monthly reports. Vice-Chairman Fischer asked how often we can look at coming out. Mr. Rose said it is an ongoing process. Solicitor Bernathy said we were told termination from the plan could take 90 to 120 days. Beth Brelje asked how it could protect or assist with litigation. Solicitor Bernathy said he would be discussing strategy and as it relates to pending litigation he is barred from discussing it. Ms. Brelje asked generally speaking how does it protect the township. Solicitor Bernathy said he can’t answer that question as it would be affecting strategy as to how he would defend the Township. However he continued by saying if you were going after someone and they were participant in a bankruptcy action it may deter some of that action because you may not end up with money. Supervisor Flansburg moved to continue to participate in Act 47 until we see the results of our financial situation. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Septic System at 1036 Delaware Drive: Tom Greiner who is representing the property owners addressed the board. Supervisor Flansburg asked about the property and the neighbor and asked if we have a letter from the property owner and the neighbor. Mr. Greiner said he does have letters from both the owner and the neighbor and that basically they have a failing septic system and found it was not repairable. It will be replaced with an inground system. Supervisor Flansburg moved to approve the septic system at 1036 Delaware Drive. Motion is seconded by Vice-chairman Fischer and carries with all in favor. 

NEW BUSINESS: 

Tax Exoneration – Charles Homer Estate – 250: Mrs. Green said this within the assessed amount of $250 but they did not show the amount of Township tax. This went to judicial sale and a tax exoneration is needed. Solicitor Bernathy felt there was insufficient information to act. Tabled until next meeting.

Letter from Marc Wolfe – Luhrs Hardware / Tractor Supply: Solicitor Bernathy said he has already responded to this and there is a letter in the board’s folder. Beth Brelje asked how he addressed that. Solicitor Bernathy stated that we received a letter because there was a presentation to the planning commission on the Luhrs Hardware property and there was a proposal to sell that parcel. Representatives were here and discussion was held as to whether this was going to be a land development or not and there was discussion of adding a new use to the property. This would be a tractor supply which will be adding a 15,000 square-foot impervious surface necessary to their business plan. The question comes because they’re pouring a 15,000 square-foot impervious surface if that constitutes a land development and Solicitor Bernathy said it is his opinion that it does. That impervious surface requires storm water review by the County. Attorney Wolfe took the position that it is not a land development however his letter was silent regarding the 15,000 square-foot impervious surface that they were adding to the building. Solicitor Bernathy said certainly they want to work for the applicant and we think it’s a great proposal. The uses are allowed in that zone but with the addition of the use and the impervious surface that calls for land development as set forth in the SALDO. Ed Isaacson questioned if that would be in Milford Township. Solicitor Bernathy said the building is in Westfall Township and we are putting our neighbors in Milford Township on notice. Supervisor Banach asked if the board could waive certain portions of the SALDO in order to work with the applicant. Solicitor Bernathy said he hopes that this is not a deal breaker but he does not feel that we should waive requirements of the ordinance and the law requires that they comply. Discussion followed. Beth Brelje asked how it is a different use. Solicitor Bernathy said it is an additional use not a different use. They will add an additional use to 3 existing uses which impacts parking, etc. and requires a land development.

Lisa Mickles said she hasn’t heard the township comments on the County tax abatement for new projects. Supervisor Melvin said we haven’t been asked.   

Resignation of William Mullery – Planning Commission: Solicitor Bernathy said we have of verbal resignation from Mr. Mullery and that the board should accept it and ask for a formal letter. Supervisor Banach moved to accept the resignation and ask for a letter. Motion is seconded by Supervisor Flansburg and carries

with all in favor. Supervisor Banach said we have a list of Township vacancies that have been prepared and he encourages the residents to consider the positions. The Building Appeals Board needs one member, the Zoning Hearing Board needs an alternate member, the Upper Delaware Council needs one member and a first and second alternate, and the Planning Commission needs two members.

Request for No Parking Signs – Les Strickler: Chairman Ewbank said we have an incident report from the Police Department stating that Mr. Strickler approached the Police Department about the parking on Stella and Elizabeth Street saying that it hinders his business and he is requesting two hour parking signs to be erected. Supervisor Flansburg questioned whether the parking stems from residents or businesses. Chief Stewart said some people are using Stella Street as a park-and-ride leaving their car there all day long. Elizabeth Street seems to be a lot of parking from the cigarette store. Chairman Ewbank asked if we were going to put signs up what would we have to do. Solicitor Bernathy said he would defer to the Roadmaster and Township Engineer to see if there was even enough room for them. Mr. Schneider said with the new cigarette store being constructed that should ease the parking on Elizabeth Street. Chief Stewart said he forwarded the incident report to the supervisors at Mr. Strickler’s request however there is no formal request from him. Supervisor Banach said he believes a traffic study would be needed. Solicitor Bernathy said we would also need engineering comments on it. Supervisor Banach stated we would also need to pass an ordinance authorizing the Police Department to write tickets there. Vice-chairman Fischer said he spoke to Mr. Strickler who stated he donated money to have that portion of the road blacktopped years ago. Chief Stewart said it is in the Township right-of-way. Vice-chairman Fischer further stated that Mr. Strickler hasn’t had a problem since the altercation and had hoped that the signs would deter it from happening again. Chairman Ewbank said this is only for Mr. Strickler’s benefit and therefore he may have to contribute to the cost of erecting the signs. Vice-chairman Fischer asked if the board could come up with a figure for Mr. Strickler. Discussion followed. Supervisor Banach said he could always put the signs on his own property. Vice-chairman Fischer will speak to Mr. Strickler.

Twila Decker asked about this street signs that were missing in Bell Manor stating she thought they needed to be completed by 2012. Mr. Schneider said he’s had an order in for them for over a year and we are still waiting for the signs. He has called repeatedly and if they do not come in and he will reorder with another company. Michelle Wilkins said there are Police Officers stopping to ask for addresses as they do not know the roads.

Advertise for Road Bids – Reuben Bell Drive & Glass House Hill Roads: Chairman Ewbank said we have Road bids to advertise. Solicitor Bernathy asked who prepared the specs. PennDOT prepared them. The location of work is White Birch Road, Edwards Court, and Reuben Bell Drive. Supervisor Banach moved to put these roads out to bid for acceptance on August 6, 2013. Motion is seconded by Supervisor Melvin and carries with all in favor. 

Culvert Pipe – Cummins Hill Road: Jim Wisniewski who lives on Cummins Hill road said his concern for the Township is that the natural runoff across the road runs into his property because of a culvert pipe. Mr. Wisniewski said he had to replace several items in the house already and he has talked to Ellen from the Conservation District who is sending him information, however she suggested he contact the township Supervisors because this is now affecting his well. Since 2001 he has replaced 3 sink faucets, a well pump and

a failed water softener and now because the water is being diverted away from the natural runoff toward his house it is affecting his well. He invites the supervisors to come and look at the property and see the way the water is being diverted to go to his well pump. Mr. Wisniewski said he is not looking for compensation. He would like the culvert pipe to be terminated and continued with the natural flow of water. Supervisor Melvin questioned Mr. Schneider as to why the pipe is there. Mr. Schneider said that is the natural flow and it would have to go uphill to get out of his property. Further stating we would have to hire an engineer to look at it. Solicitor Bernathy questioned if water was being diverted onto Mr. Wisniewski’s property and who diverted it. Mr. Wisniewski said the town did. Supervisor Banach explained that when our Roadmaster and Supervisor

started ditching the roads out to start widening them and getting blacktop and other things done they went through and cut different diversion ditches all through Cummins Hill Road and through Mill Rift. At that time there were no residents in that area. As they did this they tried to open the road as best they could and when they got to where Mr. Wisniewski’s property is they hit ledge. Rather than dig through the ledge and damage the backhoe they put a culvert pipe in the area. However as years have gone by and more residents have come on Cummins Hill there is a lot more water traveling down the road. Solicitor Bernathy questioned if the culvert pipe preexisted the home. It did. However Supervisor Banach said all the water from the Westside should stay on the west side and all the water on the Eastside should stay on the east side. Supervisor Banach further stated that he’s had many discussions with the road department regarding the area. Mr. Wisniewski said his concern is that it is going to contaminate his well. Supervisor Melvin said this must be looked at. The board agreed that the Township engineer should go and look at the property.

Roland McDonald said that there is a property by the Lake Arial Hunting Club that has water running into his basement. Supervisor Banach said all those culverts were done at the same time.

SUBDIVISION REVIEW AND ACTION: 

Oliff Cleveland Minor Re Subdivision: Solicitor Bernathy said this has been reviewed by the Planning Commission and our Township Engineer and it is before you with the recommendation for approval with conditions. Solicitor Bernathy asked if the conditions have been met. Mrs. Green said they have and she has new maps for signature. Supervisor Banach questioned if Chris Wood’s concerns have been met.  They have been. Supervisor Banach moved to approve the subdivision plans and planning module resolution 2013-4. Motion is seconded by Supervisor Flansburg and carries with all in favor.

ADJOURNMENT: Meeting was adjourned at 8:35 p.m. on a motion by Vice-chairman Fischer. Motion seconded by Supervisor Banach and carried with all in favor.

Respectfully Submitted,

Lisa A. Green

Secretary