Westfall Township, Matamoras, PA
May 5, 2014
The regular meeting of the Westfall Township Board of Supervisors was held Monday, May 5, 2014. The meeting started at 7:00 pm and was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.
Those present were Chairman, Larry Flansburg; Supervisors; Lester Buchanan, Jerry Dotey, Raymond Banach (by speaker phone); Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Zoning Officer, Doug Olmstead; Scott Myer, Bill Schneider, Rob Llewellyn, Chuck Pranski, Lisa Mickles, Nate Oiler, Jonah Mandelbaum, Robert Kilmer, Jim Snyder, Frank Hall, Marge Tonkin, and approximately twenty nine members of the general public.
Vice Chairman Robert Melvin was not present.
Chairman Flansburg welcomed everyone to the meeting. He stated that an Executive Session was held on April 30, 2014 for purposes of personnel and litigation.
APPROVAL OF AGENDA: Chairman Flansburg made two additions to the agenda. One of the additions was the Westfall Fire Department water issue under old business. The other addition was Mr. Morgan’s estimate for the wall repair on Heater’s Hill under new business.
A motion was made by Supervisor Buchanan to approve the agenda. The motion was seconded by Supervisor Dotey and carried with all in favor.
PUBLIC COMMENT: Jim Snyder who lives on Doug Miller Road addressed the Board. He requested the Supervisors consider posting a 25 mph speed limit on Doug Miller Road. He stated he is very concerned about his neighbors and himself. He likes to ride a bicycle. Chairman Flansburg directed the question to Solicitor Bernathy. Solicitor Bernathy said postings are usually done pursuant to an engineer study. He asked Bill Schneider if he had any additional information. Supervisor Buchanan said when Cummins Hill was done there was a study. Mr. Snyder said he was wondering why Doug Miller Road was not done when Cummins Hill was done. Bill Schneider said an engineering study would have to be done. He said it was done on Cummins Hill about two years ago. Mr. Schneider questioned Chief Stewart if anyone has been stopped on Cummins Hill. Chief Stewart said no but they have had cars sit up there because of complaints of speeders. Solicitor Bernathy said the study is costly. Chief Stewart said it deters people while they are sitting there. He said the department set up a radar recorder on Doug Miller Road last summer and there was several over the limit. He said the recorder was put out by the tennis court area. He said there were no excessive speeders. Chief Stewart suggested Mr. Snyder take notice if it is one vehicle in particular. Maybe it is a local resident. Mr. Snyder said there are several of the same vehicles. He said there is one pick-up truck in particular. Solicitor Bernathy suggested he give the information to Chief Stewart. Supervisor Dotey said just this past week he came very close to being hit by the cars coming out of Doug Miller Road onto the main road. He said it was to the point of having to screech their brakes. Chairman Flansburg said he will look into the cost of an engineering study. Mr. Snyder said he appreciates it.
A motion was made by Supervisor Buchanan to approve the April 7, 2014 Regular Meeting Minutes. The motion was seconded by Supervisor Dotey and carried with all in favor.
A motion was made by Supervisor Buchanan to approve the April 23, 2014 Joint Meeting Minutes. The motion was seconded by Supervisor Dotey and carried three in favor and one abstention. Supervisor Banach abstained since he did not attend the meeting.
TREASURER’S REPORT: Scott Myer gave the report. He stated the treasurer’s report is through January through April. Real Estate Tax money has come in as expected. He said through April 30, 2014 we have collected over $700,000 which is a little bit over half of the real estate money. This is right in line with prior years. Mr. Myer said we made the second quarterly payment to the Eastern Pike Regional Police Department. He said everything is in line with the budget.
A motion was made by Supervisor Dotey to approve the Treasurer’s Report. The motion was seconded by Supervisor Buchanan and carried with all in favor.
POLICE REPORT: Chad Stewart was present and gave the April, 2014 report. The monthly count of offenses known to police were 1 Burglary, 17 larceny theft, 1 forgery, 7 fraud, 14 disorderly conduct, 1 weapons possession, 1 vandalism, 1 sex offense, 1 drug abuse, 14 disorderly conduct and 8 all other offenses for a total of 52. The monthly count of persons charged for offenses are 4 robbery, 9 larceny theft, 2 fraud, 1 weapons possession, 1 drug abuse, 4 disorderly conduct and 2 all other offenses for a total of 23. The miles patrolled for the month were 7,353. Year to date miles patrolled were 25,003. Motor Vehicle Accidents for the month were 15 and year to date 62. Calls for service for the month were 203 and year to date were 699.
Supervisor Buchanan moved to approve the Police Report. Motion was seconded by Supervisor Dotey and carried with all in favor.
The Mill Rift Fire Department report for April, 2014 was given by Ken Zielazny. He stated on April 2, 2014 they had a call for mutual aid for a structure fire, April 9, 2014 was a work night at the sub-station, April 10, 2014 there was a brush fire on Cummins Hill, April 11, 2014 mutual aid 39, April 16, 2014 was a work night and they checked potable pumps, April 23, 2014 work night and they cleaned hoses and April 30, 2014 they had a work night and they worked on new skid tank. Total man hours were 80.75, total equipment hours were 30.75 and total man hours for the year are 523.75.
Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Dotey and carried with all in favor.
The Westfall Fire Department report for the month of April was given by Rob Llewellyn. He stated there was 1 automatic fire alarm, 10 motor vehicle accidents, 4 brush fires, 2 chief investigations, 1 gas leak, 1 stand-by transfer, 1 landing zone, 1 water rescue and 5 structure fires. The total calls for April were 26 and 92 calls year to date. Mr. Llewellyn said the total man hours for the month were 442.75. The total man hours year to date are 897.83.
There were 45 EMS calls for Westfall Township, 28 calls to cover Squad 33, 2 calls to cover Sussex County, and 6 calls to cover Squad 19 with a total of 81 EMS calls. There were four drills/in house training sessions held for 102 hours.
The overall calls year to date are 285 and overall man hours year to date are 611.75. One member attended 16 hours of training PCTC.
A motion was made by Supervisor Buchanan to accept the Westfall Fire Department Report. The motion was seconded by Supervisor Dotey and carried with all in favor.
Supervisor Buchanan said on a personal note he would like to thank the Westfall Fire Department and the ambulance since he needed their help recently. He said they were very professional and they arrived very quickly.
HIGHWAY DEPARTMENT: Bill Schneider gave the report for April, 2014. He stated the department installed forty two street signs throughout the township. They had millings taken from Milford Township to Fire Tower Road which covered about 8/10ths of a mile. Cold patch was applied throughout the Township. The excavator was rented for the compost area. All of the Township roads have been swept by the rented broom. Mr. Schneider said on May 1, 2014 they were called out since the power was out in Milford. May 2, 2014 they were called out for traffic control for an accident on Interstate Route 84. May 3, 2014 they were called out again. The tractor trailer which was involved in the accident was being removed. May 4, 2014 they were called out for wires down and red light down on Reuben Bell Drive. The department attended the road side safety class. Mr. Schneider said he took care of the maintenance agreement with Milford Township regarding Fire Tower Road. He also attended the Road Task Force meeting. He said as soon as the weather warms up the lines will be painted on Reuben Bell Drive. The generator back up funding is a work in progress. Mr. Schneider ordered 110 gabion baskets for the project on Heaters Hill. Also, 120 feet of pipe was ordered for pipe replacement on the back side of Cummins Hill. He said he attended to the sewer line issue by the bridge being replaced on Route 6 and 209. He also talked to Mr. Anello regarding his fence issue on Pond Drive. They are working that out.
Mr. Pranski asked what was being done on Fire Tower Road. Chairman Flansburg said an agreement was set up with Milford to take the millings to that road. They did the first three quarters of a mile and it looks good. Mr. Pranski questioned if there were any residents on that road. Chairman Flansburg said there are not residents there. He also said the material was for free.
A motion was made by Supervisor Buchanan to approve the highway report. The motion was seconded by Supervisor Dotey and carried with all in favor.
BUILDING/ZONING REPORT: Douglas Olmstead gave the report for April. He stated we had 13 permits for 11 structures and the total fees collected were $12,845.41. There were 3 zoning permits with a fee total of $475.00.
A motion was made by Supervisor Dotey to approve the building/zoning report. The motion was seconded by Supervisor Buchanan and carried with all in favor.
CORRESPONDENCE: On desk for review.
1. Proposed Burning Ordinance: Chairman Flansburg stated this was brought up at a meeting with Matamoras recently. They said they have not received any complaints so as of now the issue is no longer an issue.
A motion was made by Supervisor Buchanan to remove the Proposed Burning Ordinance from the agenda. The motion was seconded by Supervisor Dotey and carried with all in favor.
Supervisor Buchanan suggested the said proposed ordinance be removed from the current board’s term. He said we have been dealing with this for six years. Solicitor Bernathy said that cannot be done legally although he understands Supervisor Buchanan’s position. He said we cannot bind future action depending upon changed circumstances.
- Franchise Tax: Solicitor Bernathy suggested scheduling a workshop meeting for discussion. Mr. Schneider said he has some things which need to be discussed at a workshop meeting as well.
A motion was made by Supervisor Buchanan to schedule a Supervisor Workshop meeting for Wednesday, May 28, 2014 at 6:00 pm. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Milford Water Authority-Westfall Vacancy-accepting applications: Supervisor Banach we will be accepting applications. The applicant must be a resident of Westfall Township but not a Supervisor. He said if anyone is interested to present a letter to Secretary Hulse and when we receive some letters the interviews will be scheduled. Chairman Flansburg explained that since the water lines come into our Township from another Township there should be someone representing our Township on that Board.
A motion was made by Supervisor Buchanan to advertise the Westfall Vacancy on Milford Water Authority Board. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Fire Department Water Issue: Chairman Flansburg asked Chief Llewellyn if he had seen the plans from Mr. Hudak. He had not. Chairman Flansburg said we will supply him with the plan. He asked Mr. Llewellyn if Mr. Morgan agreed to do the job. Mr. Llewellyn said he offered to supply his equipment and labor. Chairman Flansburg said he is willing to help. He has a few hundred feet of drain pipe to offer.
- Estimate from Chemung Supply-Heaters Hill Guide Rail: Mr. Schneider said we are sticking to our plan for liability reasons. He explained where the guide rail will be installed. Supervisor Buchanan asked if the guide rails with the cables are still there. Mr. Schneider said those are the ones which need to be replaced. Chairman Flansburg said all three sections at Heaters Hill will cost roughly $4,300.00. Supervisor Banach said we need to get it done. It has been a problem for a while.
A motion was made by Supervisor Buchanan to accept the Chemung Supply estimate for the guide rails replacement on Heaters Hill. The motion was seconded by Supervisor Dotey and carried with all in favor.
Solicitor Bernathy asked Mr. Schneider if he received any other quotes. Mr. Schneider said he did not since there are not many companies who do guide rail. He said they were the lowest last time. He also added that the estimate is for used guide rail and if it were new it would be double the cost.
- Advertisement for the sale of the leaf vacuum and 500 gallon gas tank and pump: Supervisor Banach suggested we advertise in the paper, on our website and on PSATS website to sell the equipment to see if we can recoup the money. There was discussion regarding the asking price for the equipment. Mr. Schneider said he did not know the value. Mr. Pranski stated we did not buy the leaf vacuum too long ago. Chairman Flansburg said we bought it for the proposed burning ordinance but since that is no longer a valid issue we no longer need it. He confirmed with Mr. Pranski the vacuum is in working condition. Mr. Pranski said he hopes we do not lose money on it. Chairman Flansburg said we are hoping the same.
Solicitor Bernathy said we need some understanding on the value of the equipment. There was discussion regarding the age of the tank and pump. Bob Killmer showed concern regarding possible liability if the tank were to leak. Solicitor Bernathy said it would be an “as is” purchase. He said he understands Mr. Killmer’s concern.
A motion was made by Supervisor Buchanan to approve the advertisement for the sale of the leaf vacuum and gas tank and pump once Mr. Schneider obtains the value. The motion was seconded by Supervisor Banach and carried with all in favor.
- Street Lights: Bill Schneider addressed the Board. He stated he went over the list of street lights provided by Orange and Rockland. He checked each one on the list. He suggested the Supervisors keep the lights at both ends of the pedestrian tunnel. There are two on Maple Avenue, two on Mae Lane, and one at Malibu which he suggests keeping lit. Supervisor Buchanan requested Mr. Schneider provide a list of all of the lights which we are not going to keep maintained and we will go from there. Mr. Schneider said Aileen Sullivan from Orange and Rockland requested a list of the lights we would like to keep. Orange and Rockland will call the owners at the other locations to see if they would like to maintain the lights at their own expense. Chuck Pranski asked if the lights were to be upgraded the bill would be less. Mr. Schneider said he did not know but he could find out.
A motion was made by Supervisor Buchanan to maintain the list of seven streetlights provided by Mr. Schneider. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Morgan Site Contractors-Wall Estimate-Heaters Hill: Chairman Flansburg said that Mr. Schneider met with Morgan Site Contractors. He said there are extensive problems on Heaters Hill. The wall is collapsing where the stream is. He stated the work that was looked at this week could fall under the permit which currently exists. Mr. Schneider believes that to be true and he will double check before the work is started. Solicitor Bernathy asked Mr. Schneider if this matter is time sensitive as far as safety goes. Mr. Schneider said yes.
A motion was made by Supervisor Buchanan to approve the work to be done by Morgan Site Contractors in the amount of $4,400.00 with a cap of $5,000.00. The motion was seconded by Supervisor Dotey.
Supervisor Banach suggested putting the cap on the amount and that the contractor would need to come back to the Board to make sure the funds are available.
The motion carried with all in favor.
SUBDIVISION REVIEW AND ACTION:
- Minor Subdivision Application- Warwick Properties/Westfall Senior Apartments-Letter from Planning Commission
Representatives: Nate Oiler-RKR Hess Associates and Jonah Mandelbaum-Warwick Properties
Mr. Oiler introduced himself and Mr. Mandelbaum. He stated he has made a presentation at a Planning Workshop and at a Supervisors Special Meeting for a minor subdivision. It is for the Westfall Senior Apartments project. It proposes a subdivision of an existing seven acre lot into two lots. One lot being 3.79 acres and the other being 3.28 acres for the purpose of allowing the phasing of the approved land development. Mr. Oiler explained the property according to the plan he presented and pointed the properties out on the plan. Supervisor Buchanan questioned the program. Mr. Mandelbaum said it is a federal tax credit program administered by the state. Mr. Mandelbaum confirmed with Supervisor Buchanan that the rents will be based on income.
Solicitor Bernathy said any approvals will need to be conditional upon his review of the deed and the cross easement maintenance agreement. He said he just received the documents a few hours ago and has not had a chance to review them. Mr. Bernathy stated as far as the county review, we received a letter from Mike at Community Planning indicating that he thought section 502 1 C of the SALDO discouraged the use of reserve strips as proposed in the plan. There is a narrow strip which connects the properties. He said he looked at that section of the Ordinance and he does not believe that is applicable. Solicitor Bernathy said we have heard from the Township Engineer and his opinion is the same as his in that Section 502 1 C is not applicable. They do not believe the strip controls access to lots. Solicitor Bernathy read the conditions of the ordinance. He said we also have our engineering comments which have been reviewed by Planning and have all been addressed. We also have the recommendation from Planning.
Mr. Pranski asked if this is definitely senior housing which will not change down the road. Mr. Mandelbaum said the application is through the Pennsylvania Housing Finance Agency and is for strictly fifty five and older. Solicitor Bernathy said this is what the grant is based on. Mr. Mandelbaum said the senior housing restriction runs with the land at a fifty year minimum. Supervisor Buchanan asked how Mr. Mandelbaum will advertise for applicants. Mr. Mandelbaum said he will put an ad in the paper and start taking applications. He said if there are too many applications they will do a lottery and it is based on income which is part of the federal regulation.
A motion was made by Supervisor Buchanan to approve the subdivision application contingent upon Solicitor Bernathy’s review and approval of the proposed deed and cross easement maintenance agreement. The motion was seconded by Supervisor Dotey and carried with all in favor.
Mr. Hall asked if the applicants were restricted to Pennsylvania residents. Mr. Mandelbaum said no.
Mr. Barth stated a family member lives in Heritage Point and since the development sold the maintenance has not been kept. He questioned if the use of the project could be changed if the property is sold. Mr. Mandelbaum said the use of the project cannot be changed.
Solicitor Bernathy confirmed with the Supervisors that the sale of the property owned by the township will be advertised.
EXECUTIVE SESSION: An Executive Session for personnel and litigation was called at 7:45 pm.
Before the Board went into executive session, Marge Tonkin stated she brought up the fact of the work which needs to be done on Heaters Hill about six years ago. Mr. Schneider said they have been working above that area. He said this is one of the issues to be discussed at the upcoming workshop meeting. The Supervisors will need to decide where they will spend the money. Mrs. Tonkin said she worries about someone walking along there and falling in because of the hole. Solicitor Bernathy said this matter will be on the agenda for the workshop meeting scheduled for May 28, 2014 at 6:00 pm.
The board went into executive session. The meeting was back in session at 8:38 pm.
Chairman Flansburg made a motion to continue the representation of himself by the Township Solicitor, Robert Bernathy, regarding the case of the Eastern Pike Regional Police Commission and find that it is a township matter and specifically seeking the permanent sealing of the record which contains confidential information and request that the case be marked settled, ended and discontinued. The motion was seconded by Supervisor Buchanan and carried with all in favor.
Chairman Flansburg made a motion to send notice to the Matamoras Borough Council regarding the Townships request to renegotiate the terms of the contract and the structure of the department within thirty days and to accomplish said objects within ninety days otherwise the township is serving notice to seek withdrawing from the department within one year effective from today’s date. It is not our intent to seek dissolution of the department but rather the restructuring of the contract and the commission.
The motion was seconded by Supervisor Banach and carried with three in favor and one opposition. Supervisor Buchanan was in opposition.
ADJOURNMENT: Meeting was adjourned at 8:41 p.m. on a motion by Chairman Flansburg. Motion seconded by Supervisor Buchanan and carried with all in favor.
Jodi Hulse, Secretary