Westfall Township, Matamoras, PA
September 2, 2014
The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, September 2, 2014. The meeting started at 7:01 pm and was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.
Those present were Vice Chairman, Robert Melvin; Supervisors; Raymond Banach (by speaker phone), Lester Buchanan, Jerry Dotey; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Zoning Officer, Doug Olmstead; Treasurer, Scott Myer; Road Master, Bill Schneider; Chief Chad Stewart; Assistant Chief Stewart, Edward Isaacson, Chuck Pranski, Tom Lamb, John Dalton, Tina Hess, Roland McDonald, Marge Tonkin and approximately 25 members of the general public.
Chairman Larry Flansburg was not present.
Vice Chairman Melvin called the meeting to order and asked if there were any changes to the agenda.
APPROVAL OF AGENDA: Supervisor Banach added #12 to “New Business” which is a “Freedom of Information” request from the Eastern Pike Regional Police Commission. Supervisor Banach also requested the addition of the status of the motion made at the June 23, 2014 meeting. Solicitor Bernathy said that would be addressed in executive session. Vice Chairman Melvin added #13 to “New Business” which is Resolution 2014-15 to approve the transfer of Liquor License R21269 from Dingman Township to Westfall Township. Supervisor Buchanan removed #1 from “New Business”. Vice Chairman Melvin added “Notice of Intent” as #14 to “New Business”. A motion was made by Supervisor Buchanan to approve the Agenda. The motion was seconded by Supervisor Dotey and carries with all in favor.
Vice Chairman Melvin said there was an Executive Session held on August 4, 2014 for the purpose of litigation. He said there was also an Executive Session held before the meeting for the purpose of litigation and personnel.
PUBLIC COMMENT: Marge Tonkin addressed the Board and asked if the Township has an ordinance on file regarding loitering and soliciting. Vice Chairman Melvin did not believe the Township has one since this was discussed two years ago. Solicitor Bernathy said there were some proposals to consider an ordinance which was discussed in planning. Ms. Tonkin said she is very concerned. She said there are people coming into the township and sitting on Route 84 and asking for money. She also encountered someone at Price Chopper recently asking for money. Solicitor Bernathy confirmed that it was not a non-profit organization asking for money. Supervisor Buchanan said it is a panhandler. Ms. Tonkin said she lives right near Route 84 and there is nothing stopping these people from walking down the street and knocking on her door. She said two weekends ago there was a man stabbed at the Welcome Center. She feels the Township needs something in place. She is worried. Supervisor Buchanan asked Chief Stewart if this would be covered under criminal proceeding. Chief Stewart said there is nothing on soliciting. Solicitor Bernathy said as long as they are not obstructing traffic he does not know if the police can do anything. Ms. Tonkin said something could be done if a law was made. Solicitor Bernathy said we would then have an ordinance to enforce. He said we have talked about this before and drafted an ordinance some time ago. Ms. Tonkin suggested the Board reconsider for the protection of the people of the Township. Solicitor Bernathy said he will provide the draft to the Supervisors. Edward Isaacson asked if there are any state laws. Solicitor Bernathy said no. Mr. Isaacson said that if the people are on the ramp then that is state property. Solicitor Bernathy said if they are not obstructing traffic they are not in violation. He said if there were laws they would be enforced. Ms. Tonkin said they usually just sit on the guard rail. Vice Chairman Melvin said the Supervisors will revisit this at the next workshop. He said it was proposed but there were issues with loitering at football games. Chief Stewart said it is something the township could definitely use. Supervisor Dotey agreed. Doug Olmstead said that someone asked him for money outside Wendy’s restaurant just today. Supervisor Dotey said two weeks ago the same thing happened to him. Solicitor Bernathy said the business usually have their own policy and this could be handled privately. There was additional conversation regarding this matter. Ms. Tonkin said over the years she has had people come to her door for different reasons. All of the Supervisors agreed to have Solicitor Bernathy provide a draft ordinance. Supervisor Buchanan said it is a matter of trespass on private property.
Chuck Pranski addressed the board with a question regarding Supervisor Banach calling in. He asked if Supervisor Banach is calling the Township Building or is the office calling him. He questioned who is paying the bill. Solicitor Bernathy thought we answered this question already. Supervisor Banach said he can answer the question. He said he has donated his salary since he has been a Supervisor since 2008. He added that if he did call in he is saving the township money. Supervisor Banach suggested Mr. Pranski call the state representative if he does not like it. He said it is 100% legal. Mr. Pranski said he is asking a question and there is no need to get upset. Supervisor Banach said he is not upset. He is on a speaker phone at his office working so he is talking loud.
Mr. Pranski asked if the ethic statements for all of the Supervisors are readily available so that he could obtain copies after the meeting. Solicitor Bernathy said Mr. Pranski could make a record inspection request for the documents. Mr. Pranski said it is supposed to be readily available. Solicitor Bernathy said he does not have any problem producing it but he does not think it is privileged at all and if a records requested is submitted it will be honored. Mr. Pranski asked if it would be honored tonight. Solicitor Bernathy said he does not think it could be processed that quickly but it would be provided within the confines of the law once the request is submitted. We have five days to respond. Mr. Pranski said “no you don’t” it is not a Freedom of Information request. He said it is supposed to be available for immediate inspection if someone comes in to the township building. Solicitor Bernathy asked Mr. Pranski to make a records inspection request. Mr. Pranski said he is asking him to do something that he does not have to do. Solicitor Bernathy said he does not feel the information is privileged and he is asking him to make a request and the information will be provided. He asked Mr. Pranski to follow procedure. Mr. Pranski said according to the state he does not have to do that. Solicitor Bernathy said, once again, if Mr. Pranski would like to show him he would take a look at it. Until then, he asked Mr. Pranski to do the same as everyone else and fill out the records request form. Mr. Pranski agreed and said he will to Solicitor Bernathy’s route. Solicitor Bernathy felt the request would be honored quickly.
Mr. Pranski said that Solicitor Bernathy said there were certain exemptions to the rule of a Supervisor having to reside in the township. Solicitor Bernathy said that he said it was fact based and that his understanding of the residency requirements and that Supervisor can choose to live outside of the jurisdiction as long as it is not for the primary part of the year. So if it is temporary, which his understanding is that it was, there are no violations. He said the Supervisors are not required to maintain a residence on a 365 day a year basis in the township. The Supervisors are required to primarily reside in the township and there is no reason for him to believe that is not the case. Mr. Pranski said okay. Solicitor Bernathy said if Mr. Pranski would like to bring something to his attention that he is not aware of to do so. Mr. Pranski said he will.
Mr. Pranski said his last question is regarding the “elephant in the room” which is that the Township is being sued again. Mr. Pranski asked, regarding the Dombrosky case, if the insurance company submitted a bill to the township to recoup any monies they spent. Solicitor Bernathy said he would have to look into this. Mr. Pranski asked if he could have an answer by the next month’s meeting. Solicitor Bernathy said certainly but he was not the attorney for that litigation. Mr. Pranski said according to the paper Solicitor Bernathy was the attorney in 2008 and you were sending letters stating an executive session would be held. Solicitor Bernathy said once litigation is in place the township hires attorneys to represent the township. He said his point is that he was not the attorney representing the township for that litigation. Mr. Pranski said his concern is that they tried to recoup the money and the township forced the insurance company into a corner.
Tom Lamb asked a question pertaining to the stabbing at the Welcome Center. He asked the reason for the local cops having to wait for the State Troopers to respond to a call at that location. Chief Stewart said the primary jurisdiction is the State Police as part of the interstate system. There was additional discussion regarding jurisdiction. Chief Stewart said in this case the victim went to Smokers Choice across the street to make the call. Vice Chairman confirmed with Chief Stewart they were called by 911 since the victim was in their primary jurisdiction. Chief Stewart said the incident was at the Welcome Center and the State Police responded in approximately one half hour to forty minutes. Assistant Chief Stewart said they had the person contained and waited for the State Police. They did the search and took the person into custody. There was additional conversation held regarding jurisdiction. Mr. Pranski said it took forty five minutes for the State Police to respond for someone who was stabbed. He said the response time for just a prowler would be much longer. Supervisor Banach suggested Secretary Jodi Hulse look up the original agreement with PennDOT when the Welcome Center was built. He also suggested to speak with Tina Hess who was on the Planning Board at the time. He said a State Trooper was to be assigned to the Welcome Center on a twenty four hour basis. This was part of the deal when the center was built and the traffic light being installed. Supervisor Banach suggested sending a letter to the State Police. He said especially now with the construction taking place. Vice Chairman Melvin asked Secretary Hulse to look into this. Tina Hess said Supervisor Banach is absolutely correct. There was supposed to be a State Trooper there all of the time. She said on the plan there was a room especially for the State Trooper. Mr. Pranski said maintenance uses the room. Mr. Isaacson said there are four State Troopers on duty for the whole county. Two in each car. He does not thing they will spare one for the Welcome Center. Vice Chairman Melvin said we must ask since it was part of the conditions.
John Dalton addressed the Board. He said back in June he wrote a letter to the Supervisors regarding designing a spreadsheet for the budget and at the conclusion of the letter he stated he awaits the Supervisor favorable decision. He asked if the Supervisors have talked about this amongst themselves or if they would like to put it off for another time. Vice Chairman Melvin said he and Supervisor Dotey will be meeting with Scott Myer to do some preliminary budget talks after September 15, 2014. Once we figure out anticipated costs and revenue we will figure out if we need the spread sheet. Mr. Dalton said it takes time to design something like this and he was hoping to get a head start before the 15th of September. He was asking for everything that went into the 2012 and 2013 to build a spreadsheet to go into 2014. There is not much information in terms of accrued costs. He would use the BLS information and it would help going into 2015. Mr. Dalton said that is what he would use if it would help. Vice Chairman Melvin said he will get back to Mr. Dalton.
August 4, 2014 Regular Meeting Minutes: A motion was made by Supervisor Buchanan to approve the minutes. The motion was seconded by Supervisor Dotey and carried with all in favor.
August 18, 2014 Joint Meeting Minutes: Tabled-not completed yet.
TREASURER’S REPORT: Scott Myer gave the report. The report was through the end of August, 2014. He said the income year to date is at 1,589,000.00 which is above budget. Real Estate Tax collection are at 100% of budget. Mr. Myer said that Zoning/Building Income is $43,000 over budget. He said from an income stand point we are right in line with budget. Mr. Myer said confirmed with Vice Chairman Melvin we will need a Tax Anticipation Note in January. Solicitor Bernathy said he will start the process with the judge for a Tax Anticipation Note in the amount of $125,000.00.
A motion was made by Supervisor Buchanan to approve the Treasurer’s Report. The motion was seconded by Supervisor Dotey and carried with all in favor.
POLICE REPORT: Chad Stewart gave the report for August, 2014. The monthly count of offenses were as follows: 1 assault, 2 Burglary, 26 Larceny Theft, 2 Fraud, 2 Recovery of Stolen Property, 3 Vandalism, 3 Drug Abuse, 6 DUI, 10 Disorderly Conduct and 2 all other offenses. The total of Monthly Count of Offenses was 52.
The monthly count of persons charged for offenses were as follows: 1 Burglary, 19 Larceny Theft, 1 Recovery of Stolen Property, 2 Vandalism, 1 Weapons Offense, 5 Drug Abuse, 5 DUI, and 2 Disorderly Conduct. Total Monthly Count of Persons Charged for offenses was 36.
The total miles patrolled for the month were 5,483 and year to date 50,363. The total motor vehicle accidents for the month were 16 and year to date 131. Total calls for service for the month were 239 and year to date 1,614. Chief Stewart said the breakdown for the municipalities is in the packets.
Chief Stewart addressed the bridge construction on Routes 6 and 209. He said they will be installing beams on Friday therefore the road will be shut down causing delays. The delays may be extended until Monday. Chief Stewart said he inquired regarding emergency vehicles and school buses and he is awaiting a call back. He said once he hears something he will email Secretary Jodi Hulse. There was additional discussion regarding the road closure.
Chief Stewart addressed the Doug Miller Road situation. He said last month the Supervisors asked him to check on this road. He installed a radar recorder on Doug Miller Road for speed evaluations. Technically there is no speed limit posted on Doug Miller Road. He referred to the evaluation which he provided to the Supervisors. It was based on 25 mph speed limit and a 10 mph tolerance. He explained the data sheet. There were 7 vehicles going 65 mph plus. He said the monitor was there from August 21, 2014 through August 27, 2014. There was no pattern noted on the data. Chief Stewart said it could be the same vehicle traveling at high speed. He said if we can obtain information regarding who the driver is, we will stop at the residence and have a conversation with the individual. Supervisor Dotey asked if a camera could be installed to photograph the license plate. Chief Stewart said the department does not own a camera and if they did they would use it. Supervisor Dotey said he lives up there and he will keep an eye out for the speeder. Chief Stewart said the question was raised last month and he wanted to make sure he addressed it. Vice Chairman Melvin thanked Chief Stewart.
Chuck Pranski asked Chief Stewart if Doug Miller Road is a town road and if it was the responsibility of the Township to post it. Chief Stewart said yes and an engineer study would need to be done. Supervisor Buchanan said it is quite expensive and it is not as easy as just slapping up the signs. Mr. Pranski said in other towns there is a speed limit posted, unless otherwise posted. Chief Stewart said that is usually not the case in rural areas. Solicitor Bernathy said that is in dense areas only.
A motion was made by Supervisor Banach to approve the police report. The motion was seconded by Supervisor Dotey and carried with all in favor.
FIRE DEPARTMENT: The Mill Rift Fire Department Report was given for August, 2014 by Edward Isaacson. The report was as follows:
August, 2014: 8/04/14-Mutual Aid-Sparrow Bush-Canoer stuck on cliff; 8/09/14 Public Service Y Camp-Milford Township-Display Apparatus Engine 2; 8/12/14 Monthly Meeting; 8/13/14- Work Night-National Park Service –Place life jacket awareness signs at boat launches along river; 8/16/14-Mutual Aid-39 fire on I-84-Tanker 1; 8/16/14 –Mutual Aid-Sparrow Bush-34 Support; 08/16/14-Coin Toss 34 Support; 8/21/14- Tree on wires Delaware Drive-Tanker 1; 8/21/14 Training Center Retention and Recruitment in fire service; 8/23/14 and 8/24/14- Coin Toss-Engine 2, Tanker 1, 34 Support; 8/27/14-Work Night-Pumper to tanker shuttle drill-Engine 2-Tanker 1; 8/30/14-Mutual Aid Sparrow Bush-Rafters lost on Delaware 34 Support; 8/30/14 & 8/31/14-Coin Toss Engine 2, Tanker 1, 34 Support. The total funds for coin toss for the month of August were 1,881.75
Total Man Hours: 163.25; Total Equipment Hours: 147.50 and Total Man Hours for the Year: 1,195
Mr. Isaacson said there were three cameras donated to the department. He brought it with him so that the Supervisors could look at it after the meeting.
Mr. Isaacson said there is one other issue. He said there was a relief audit and it revealed that in 2011 the department was not given their share of the money. Tom Lamb told Mr. Isaacson that has already been discussed and to let it go for now. Mr. Isaacson said he was just making the Supervisors aware that for some reason they did not receive their relief money and for some reason it went all to Westfall.
Mr. Pranski said thank you to all of the residents who donated. They had a fund raiser for three weekends in a row to benefit from the canoe livery customers.
Supervisor Dotey asked Mr. Isaacson if the new super boat was used in the river rescues. Mr. Isaacson said no. They are in the process of making some repairs to the equipment. He said hopefully by next summer. They are having some issues since it is difficult to maneuver. Mr. Pranski said the boat hovers approximately one foot off of the water and is difficult to maneuver. He added there were six boats aready waiting to get in the water when they arrived.
A motion was made by Supervisor Buchanan to accept the Mill Rift Fire Department Report. The motion was seconded by Supervisor Dotey and carried with all in favor.
A representative of The Westfall Township Fire Department was not present.
HIGHWAY DEPARTMENT: Bill Schneider gave the report for August, 2014. The department installed culvert pipes on Heaters Hill. They have been mowing the Township Right of Ways and maintaining the property at the Township Building and the compost area. Street sign installation and shoulder work has been done. Spreaders were sent out for service and repair. They have been completing maintenance on equipment. There were many trees down after the bad storm that hit. The department cleaned up trees on Heaters Hill and Pond Drive. Mr. Schneider said it took four days for cleanup from the storm and shoulder repair. They had manpower throughout the night. The department assisted Matamoras for one day with the storm cleanup. They were hit badly. Mr. Schneider said the battery backup systems worked great on the street lights. They ran for fifteen hours which helped with traffic flow through the area. He said we received reimbursement from the Pike County Commissioners and the Pocono Mountain Vacation Bureau for the battery backup system on Stella Street. Mr. Schneider thanked the Police Department and the Mill Rift Fire Department for their help during the storm.
A motion was made by Supervisor Buchanan to accept the highway report. The motion was seconded by Supervisor Dotey and carried with all in favor.
BUILDING/ZONING REPORT: Doug Olmstead gave the report for August, 2014. He said there were three building permits issued which generated $13,657.38 in fees. There were no Zoning Permits which generated any fees for the month.
A motion was made by Supervisor Banach to accept the building/zoning report. The motion was seconded by Supervisor Buchanan and carried with all in favor.
CORRESPONDENCE: On desk for review.
- Sealed Bid Proposals-Super Pave and Double Seal Coat-Bluestone Blvd/Cummins Hill Rd: Secretary Jodi Hulse presented the sealed envelopes to the Supervisors and explained only one bid came in for Paving and two for Double Seal Coat. Supervisor Banach asked where the bid information was advertised. Secretary Hulse said in the Pocono Record. He suggested we re-advertise in a different paper where the paving companies are located. Solicitor Bernathy said the Supervisors need to make a decision to reject the bids and place it out for re-bid. Supervisor Banach said it is hard to compare with limited bids. Vice Chairman Melvin asked Supervisor Banach which newspaper he suggests. He said the Scranton paper where some of the big paving companies are located or the Middletown Record. Mr. Schneider said part of the problem is PennDOT put a lot of bids out after the transportation act was passed in Harrisburg. In Pike County they put out 46 miles of paving for bid. It is very competitive and the companies are busy now. He said black top went up by $47 per ton in the past two weeks. There was additional discussion regarding the bidders. Vice Chairman Melvin stated we will revisit this later in the meeting once Solicitor Bernathy has a chance to confirm the law.
- Proposed Ordinances: Tabled
- Earned Income Tax: Supervisor Buchanan said the EIT has been put on the agenda since the state has recommended it. He stated Matamoras and Westfall Township are the only ones in Pike County who do not have the tax. We have talked about this before and we need revenue. He feels it would a good way to raise revenue. Vice Chairman Melvin said he is a proponent of EIT. He feels we need to have a big education drive for everyone in the Township to understand the tax. Supervisor Dotey agreed. Vice Chairman Melvin offered to put a power point presentation to better inform the residents about the tax. He would like to have more people in the Township present. He wants people to understand and know about the tax. Also, he knows it will be controversial. Also, we need to find out the timing of the tax implementation. Roland McDonald suggested to do away with school tax. Vice Chairman Melvin said we cannot do anything about the school tax. Mr. McDonald said he does not have kids in school and he feels he should not pay the tax. Supervisor Banach suggested contacting the county requesting a reassessment to reflect building value rather than property value. This would be fairer to residents so that the commercial businesses would pay more since they use more of the township’s services. Supervisor Dotey said he met with Mr. Caridi and Mr. Wagner at the Commissioner’s Office and spoke to them about this issue. They are not real excited about it since it will cost one million or more to be able to do it. Supervisor Banach said if the taxes keep being raised, Westfall will eventually be a ghost town. Supervisor Dotey agreed and said that the ones paying the tax should make the decision. Vice Chairman Melvin told Supervisor Banach that he understands and he agrees with him but he does not think there is ever a chance of this happening at the county level. There was additional discussion regarding the tax structure in the area. Supervisor Banach said the issue of the redistribution of tax assessment needs to be brought up to the county. Vice Chairman Melvin said he does not think the Commissioners will budge and he does not know any other municipality who will benefit from it as much as Westfall. His opinion is that it would hurt us with the other townships since Westfall has most of the commercial retail property. Mr. Pranski suggested to try to have the county propose a sales tax. Supervisor Banach said he met with Lisa Baker regarding this a couple of years ago and that money would need to be spent on one project, for instance a giant stadium. They cannot implement a percentage just to increase revenue. He suggested the residents and Supervisors send letters to our state representatives informing them of the tax issues. If we do not start somewhere this conversation keeps going on and on. It has been going on since 2009. Supervisor Banach said every time we need extra money we bring up the EIT instead of managing the income we have and having certain balances and controls on all departments to manage the money. Everyone in government just keeps raising taxes. Vice Chairman Melvin said Westfall has not raised taxes in a while. Supervisor Buchanan said we are getting off track. EIT is on the table so we discuss it and move on. He said if we do not want to have it then fine. Vice Chairman Melvin said he wants to have it. Supervisor Buchanan told Vice Chairman to make his power point and move on. Scott Myer said he received a letter from Berkheimer who is one of the main collection agencies for EIT. The letter is roughly five years old. He said the representative from Berkheimer may be interested in coming and making a presentation.
Solicitor Bernathy got back to the law regarding bids received by the township. He read the section of the law regarding contracts. The Board of Supervisor may reject all bids received if it may be in the best interest of the township and at public meeting. He said the reason for the rejections should be announced and noted in minutes. He confirmed with Supervisor Buchanan the bids can be opened and rejected if the Supervisors wish. Mr. Schneider said the only thing with opening the bids is that if the job is bid again it lets the others know the bid amounts. Supervisor Buchanan said the state gave the estimate of cost so we can compare the bids to that amount. There was additional discussion regarding procedure of receiving bids. Mr. Schneider said it was advertised in a way so that we can accept a partial bid. The Supervisors agreed to open the bids which were submitted. Vice Chairman Melvin recited the following bids received:
Wayco, Inc. bid for paving Cummins Hill Road and Bluestone Blvd: $92,150.51
Wayco, Inc. bid for double seal coat (tar and chip) Bluestone Blvd: $13,653.78
Pocono Spray Patching, Inc. for double seal coat (tar and chip) Bluestone Blvd: $13,688.18
There was discussion regarding the bids and how much money is in the budget. Scott Myer said the total budget is $120,000 for the road projects but the battery backup funds came out of the account. He said there is roughly $110,000 left in the account. Mr. Schneider said the estimate sounds a little high but that could be because the cost of black top is up. Supervisor Buchanan said we can let this go until next year since the paving product is so expensive. It could be cheaper next year. Supervisor Dotey said his concern is Bluestone Blvd. That road is really rough and he does not know how it will be plowed this winter. Mr. Schneider said they can do base repair. Supervisor Banach said if we wait another year it will be double the price to fix it next year. There was additional discussion. Mr. Schneider said that hopefully next year there will be just tar and chipping needed since the roads will then be in pretty good shape. The money is in the budget each year for paving. Vice Chairman Melvin said if we do not spend it next year we will not have to collect if for next year. Supervisor Dotey suggested to move forward and do the paving and double seal coating.
A motion was made by Supervisor Buchanan to award both bids to Wayco, Inc. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Letter of Intent to withdraw from EPRPD dated May 6, 2014: A motion was made by Supervisor Buchanan to rescind the letter dated May 6, 2014 to Matamoras Borough to withdraw from EPRPD. The motion was seconded by Supervisor Dotey.
Supervisor Banach suggested that Supervisor Buchanan change the motion to a 90 day extension. Supervisor Buchanan said he and Supervisor Dotey have had the first committee meeting and it went well. He feels we should continue with the negotiations as normal. He did not agree with Supervisor Banach’s suggestion.
The motion carried with three in favor and one opposition. Supervisor Banach was in opposition.
There was applause from the crowd. Mr. Pranski thanked Supervisor Dotey for standing up and doing the right thing.
Supervisor Banach said the reason being is that the last time this happened Matamoras stopped negotiating with us. Vice Chairman Melvin said Supervisor Dotey and Supervisor Buchanan said there were some good faith discussions which were moving along with fruitful discussion on changes. Supervisor Dotey said significant things were discussed and there was a positive response to them. He thinks it is well worth while to move forward on this.
- Status of Police Officers being sworn in: Solicitor Bernathy said this is a contract issue which he guesses that we are in the process of negotiating or renegotiating the contract provisions. He said, other than that, we have already provided our position to the Eastern Pike Regional Police Department. Supervisor Banach asked if the deputizing has taken place yet. Supervisor Dotey said it has not. Supervisor Banach asked Solicitor Bernathy if we are being “hung out to dry” since the officers have not been sworn in. Solicitor Bernathy said the deputation is part of the contract we have with Matamoras forming that department. It is a contract provision and if the Supervisors want to allege breach of contract they could move forward with a breach. He understood that is part of the negotiation process which would be brought up at committee. Supervisor Banach asked how it affects the Second Class Township Code which states the officers are required to be sworn in. Solicitor Bernathy said that is a question he would defer to our district attorney but otherwise is a contract issue. Supervisor Banach asked if there has been correspondence regarding this. He does not want to see another lawsuit by someone who got arrested. Solicitor Bernathy said the Supervisors were copied on the correspondence. Supervisor Banach asked if we have ever received a response. Solicitor Bernathy said we received a response from the department’s council which was not specific to the deputation question which remains an outstanding contract issue. It is Eastern Pike Regional Police Department’s, through their solicitor, position that it is not an issue with the District Attorney for moving forward with purposes of arrest. Supervisor Banach thanked Solicitor Bernathy.
- Repair of Township Building Railing: Supervisor Buchanan said the railing is broken in several different places and does not meet the ADA Requirements. He said Mr. Schneider contacted Perk’s Welding. The job is not required to be bid out due to the cost amount. The estimate from Perk’s Welding is $700 to repair the railing and bring it up to ADA specifications. Supervisor Banach asked if there is money available for the repair. Mr. Myer confirmed the funds are available. Supervisor Buchanan expressed his concerns regarding liability if someone were to get hurt if the railing is not repaired.
- A motion was made by Supervisor Buchanan to accept the estimate from Perk’s Welding and to approve the work to be done. The motion was seconded by Supervisor Banach and carried with all in favor.
Supervisor Banach was curious to know if there are any grants available to help with the building repairs. There was discussion regarding the availability of grants.
- Repair of Highway Department Roof: Chuck Pranski said he has talked to a couple of different roofers who are familiar with the Highway Building Roof. He said a seal coat can be applied to last a few years until more liquid fuel funds are received in the next few years. Mr. Pranski said this would cost a couple of thousand dollars which is cheaper than the cost of a new roof. Tom Lamb said the roof can be patched for a couple of years. Mr. Schneider said he provided the specs to the Supervisors to obtain prices to do the roof replacement. He said the Supervisors need to decide whether to do the job or not. The spec sheet has a couple of options regarding how to do the roof. Solicitor Bernathy said if the cost is in excess of $18,500 the job must advertised for bidding. Secretary Jodi Hulse said as of January 1, 2014 the amount is $19,100. Solicitor Bernathy said if the amount is under $10,000 it can be done by telephone. Mr. Lamb said both the architectural shingles and metal roof bids should be under $10,000. There was additional conversation regarding the specifications for the roof replacement. Bob Bostinto suggested taking the funds from the capital road account which was discussed earlier in the meeting. Vice Chairman Melvin said the funds from that account cannot be used for repairs to the highway building. The funds for the roof work must come from the general fund. Supervisor Buchanan said Mr. Schneider has use for the rest of the capital road fund. There was additional discussion regarding the capital fund account. Vice Chairman Melvin said the money in the capital fund account must be spent on roads only. Mr. Pranski said since the highway department houses the road equipment that maybe the funds could be used. Vice Chairman Melvin suggested the Board find out the bid amounts first. There was a discussion regarding informing contractors of the proposal and the proposed materials for the project. Supervisor Buchanan asked Mr. Lamb the process of sealing the roof. Mr. Lamb explained and said it should last a couple of years. Supervisor Banach said this would just be a band aid and that every year the project is put off it gets more and more expensive to fix. We need to get the best price to fix it correctly the first time. Supervisor Buchanan suggested posting the project on the website. Kevin Salvati suggested to obtain one estimate from a contractor to get an idea of the amount. Mr. Lamb said he submitted a bid to Supervisor Buchanan. Vice Chairman Melvin said he was unaware of the bid. Supervisor Buchanan said Mr. Lamb gave it to him outside. He read the estimate which was under $10,000. There was additional discussion regarding materials used for the project. Supervisor Buchanan questioned the value of the building itself. Supervisor Buchanan said there was talk of replacing the building about ten years ago. Supervisor Banach suggested building a new pole building further up on the property so it does not flood for $10,000 or $15,000. Supervisors Dotey and Buchanan agreed it would be a good idea to move the building out of the flood area. Supervisor Banach said there are many pole barn contractors advertising for work and this may be an option so that we do not keep on dumping money into something that is not worth fixing. Solicitor Bernathy asked Mr. Schneider if there are structural problems with the building. Mr. Schneider said he is not an engineer but he does not know of any structural problems. Some of the building is newer. Supervisor Buchanan said the floor was concreted about five years ago. Mr. Schneider suggested the temporary repair if the Supervisors are thinking of building a new building in the near future. Mr. Lamb said not to wait too much longer if they decide to do the job due to the dropping temperatures. Supervisor Buchanan’s opinion is to go with the plywood underlayment and architectural shingle roofing and if the money is available in the future the spray foam can be done. Vice Chairman Melvin asked if equipment is being damaged. Mr. Schneider said no but the leaking could be damaging the rafters. Supervisor Buchanan agreed with Supervisor Banach and said unless the Supervisors are considering building a new building, the roof should be fixed properly.
A motion was made by Supervisor Buchanan to accept the bid presented to him by Mr. Lamb to accept the Bid for the underlayment and architectural shingle application.
Mr. Schneider asked if more quotes will be accepted. Solicitor Bernathy said no since it is under $10,000. Mr. Salvati suggested obtaining a quote from Mr. Lamb for the spray insulation and maybe the whole job would come in under $10,000. Supervisor Buchanan said we can do the insulation as a separate job. Mr. Schneider said there are other contractors who want to bid on the job. He presented the specification sheet so that the Supervisors could approve the specs for advertising for estimates. Supervisor Buchanan said we do not have to. Mr. Schneider said he understands that but that is not the way it was presented. He said contractors should have a chance to give quotes.
The motion was seconded by Supervisor Dotey. The motion did not carry with two in favor and two opposed. Vice Chairman Melvin and Supervisor Banach were in opposition.
Solicitor Bernathy said to advertise the specifications and have the qualified and responsible contractors call in by telephone.
A motion was made by Supervisor Buchanan to advertise the specifications for the highway department roof replacement. The motion was seconded by Supervisor Banach and carried with all in favor.
- Fire Department Drywell: TABLED: Mr. Schneider said this is regarding the drainage issue at the Westfall Fire Department property. It will cost $3,872.50 for materials. He said Morgan Site Contractors has agreed to donate the time to do the repair. Mr. Schneider asked who will be paying for the materials. Discussion followed. Supervisor Banach questioned if the issue is in the township right of way. Mr. Schneider saidif flows onto the township right of way. Mr. Schneider said Mr. and Mrs. Myer were present at a meeting and they questioned how the drainage would be done. Mr. Isaacson questioned why this was not addressed at the time the building was constructed. Mr. Lamb questioned who is responsible for the cost. Vice Chairman Melvin said the building was built to spec. Mr. Schneider said he will talk to Mr. Myer and go through his budget figures. Vice Chairman Melvin said to table the issue.
- Fine Payments to Eastern Pike Regional Police Department: Supervisor Banach said it was this was mentioned at the joint meeting. The department said the fine money does not go to them. He said Scott Myer confirmed the money is deposited into the general fund and then a check is written to the Eastern Pike Regional Police Department. Supervisor Buchanan suggested sending a letter or an email to PSATS to see if this is legal. Vice Chairman Melvin said that State Police fines are paid to the township and the funds stay at the township. He said the other fines collected are divided between the county and the township and then the township turns the fine payments over to the police department. Chief Stewart said it is AOPC requirement that the fines are paid to the municipality directly. Vice Chairman Melvin said we will check with PSATS. There was discussion regarding the amount of the fines collected. Chief Stewart said the actual fine is roughly $12.50 and the other half is paid to the County.
- Appointment of Committee Member-Regionalization Agreement Discussion: Removed from agenda at approval of agenda in beginning of meeting.
- Supervisor Radios: Supervisor Buchanan said at the time he was a Supervisor before now there were several Supervisor radios so that they could keep in contact with the road department in emergency situations. He would like to know what happened to the radios. Supervisor Banach said he has been a Supervisor since 2008 and he was never issued one. Vice Chairman Melvin said he was never issued a radio. Supervisor Buchanan said he turned his in the day he turned his keys in. Secretary Jodi Hulse said the radios are not anywhere in the office. Supervisor Banach suggested to check with Bob Ewbank, Emergency Management Coordinator. He may know something about the radios. Supervisor Buchanan feels that the Supervisors need the radios in emergency situations and it will cost $400 each to replace them. Vice Chairman Melvin said we will see if Bob Ewbank has the radios and we will take it from there.
- Closeout Demolition Permit-Richard Conklin-Pear Court: Solicitor Bernathy said to obtain an affidavit from Mr. Conklin to substantiate the costs involved in the dumpster service and something in writing as to why he cannot comply with the requirement. Once this is obtained the Supervisors can move forward with the exception. Mr. Pranski asked if he filed a report with the police department. Secretary Hulse said she does not know that information.
- Board of Assessment Notices: Secretary Hulse explained two notices of assessment errors to the Supervisors. Solicitor Bernathy asked if the township has received any refund requests. Secretary Hulse said no. There was discussion regarding the assessment errors. Solicitor Bernathy asked Secretary Hulse to obtain clarification on the exact amounts owed to the property owners and to add the matter to the agenda for the October meeting.
- PennDOT Winter Municipal Agreement: Mr. Schneider said this is for the plowing done by the Township on Mountain Avenue and Avenue C. PennDOT pays the Township roughly $4,700 per year and they paid $1,400 extra for 2013/2014 due to the bad winter weather.
A motion was made by Supervisor Buchanan to accept the PennDOT Winter Municipal Agreement. The motion was made by Vice Chairman Melvin and carried with all in favor.
upervisor Banach asked Mr. Schneider if PennDOT allows the Township to get the plow steel edge. Mr. Schneider said that was discontinued.
- USDA Letter regarding Matamoras Municipal Authority: Secretary Hulse provided the letter to the Supervisors so the questions could be answered. Solicitor Bernathy suggested designating someone with knowledge to answer the questions. The Supervisor reviewed the questions and read some out loud. The letter is regarding water mains. Mr. Salvati suggested to send the questionnaire to the Matamoras Municipal Authority. Mr. Schneider said this matter is regarding Bell Manor. Vice Chairman Melvin read the questions out loud. There was discussion regarding the questions and water main replacement. Vice Chairman Melvin answered the questions.
- Taxes-Department Decreases: Supervisor Banach suggested all departments review their budgets and make decreases that can be made and do without things that are not needed. We do not want to increase taxes. He said the school taxes have gone up and everyone is affected by it. Eventually everyone will be taxed out of the area. Supervisor Buchanan said all departments are aware and they will do what they can. He said he does not buy Supervisor Banach’s argument that everyone is going to move out of town.
- Vice Chairman Melvin said he and Supervisor Dotey will be meeting with Mr. Myer sometime after September 15, 2014 to start looking over the budget. Supervisor Banach said the projection is 17.4 mills which is 3.4 mills over general government. He said this can be discussed at the budget meetings which will be scheduled.
- Schedule (3) budget meetings: A motion was made by Supervisor Buchanan to schedule the budget meetings for October 8, 2014 at 7:00 pm, October 22, 2014 at 7:00 pm and November 5, 2014 at 7:00 pm. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Pike County Association of Township Officials-Annual Convention-October 3, 2014: Secretary Hulse said this year the convention will be at Mount Haven Restaurant. Supervisor Dotey said he will attend. Supervisor Buchanan said he may go depending on his schedule.
- Trustees Health Insurance Trust: Tabled until Supervisors read the Trustees Health Insurance Trust.
- Advertise for Culvert Pipe Replacement-Bluestone Blvd: Mr. Schneider said the DEP permit is in place. The cost of the pipe is roughly $6,500 and Mr. Schneider would like to at least purchase the pipe in case something goes wrong and the pipe needs to be replaced quickly to keep the road open. The pipes will be larger than the ones there now and hopefully this will eliminate some of the water problem. Supervisor Buchanan said there is $5,000 leftover from the capital fund account and he asked Mr. Myer if we have the additional $1,500 available. Mr. Myer said yes.
A motion was made by Supervisor Buchanan to approve the purchase of the pipe to have on site in case of an emergency situation. The motion was seconded by Supervisor Dotey and carried with all in favor.
- Freedom of Information Request: Supervisor Banach stated he does not feel he should have to put in a Freedom of Information request for information regarding the police commission which is public information. This information includes financial records, meeting minutes, attendance records, etc. Supervisor Banach said that he spoke with Solicitor Bernathy regarding this request from Mr. Mincer. Mr. Mincer is supposed to be forthcoming with the information. He feels that the approved minutes should be sent to the secretaries of both municipalities after the meetings. Vice Chairman Melvin asked Secretary Hulse if she received the minutes from the Police Commission. She said she does not. Mr. Pranski said he feels the Supervisor minutes should be available for the public also. Supervisor Buchanan did not realize they were not being provided. Supervisor Banach said that when the contract was done two years ago the Township had to request the information for the township’s responsibilities. He said a lot of frustration was made by this. If the information was given to the Supervisors throughout the year for analysis we would not have the frustration with all of these things. Vice Chairman Melvin asked Supervisor Banach if he received the budget book from the joint meeting. Supervisor Banach said he did not see the book. Vice Chairman Melvin said he would provide the book to Supervisor Banach. He said he would make sure he takes a look at it. Supervisor Buchanan said the police commission meetings will be taken care of tomorrow. Supervisor Banach said there is no reason to have to “FOIL” documents for something that the township pays for. Mr. Pranski said again that a request should not be needed for the Supervisor Minutes either. Vice Chairman Melvin said the minutes are on the website. Mr. Pranski said the recordings of the meetings technically should be available the day after the meeting and do not need to be approved. Solicitor Bernathy said the recordings are not released until the minutes are approved. Mr. Pranski asked the reason for this. Solicitor Bernathy said that is the law. He said once the minutes are approved it is up to the Supervisors to make a determination as to how long they would like to save the actual recording of the meeting. Mr. Pranski and Mr. Salvati both said they are required to submit a “FOIL” for Supervisor Meeting minutes. Solicitor Bernathy said that is distinguished from having the Eastern Pike Regional Police Department who we fund provide the minutes as opposed to the public requesting the minutes. Intergovernmental from one to another they should be made available. Mr. Pranski said the recording is not the minutes. Solicitor Bernathy said the recording is part of the minutes and will not be released until the minutes are approved. That is the law. Mr. Pranski asked Solicitor Bernathy to show him the law. Solicitor Bernathy agreed.
- Liquor License Transfer R-21269-Resolution 2014-15: Solicitor Bernathy explained a hearing took place earlier in the evening at 6:00 pm regarding the application of Milford Farms, LLC for the transfer of Liquor License Number R-21269 LID 42799 presently owned by the Muir House, Inc. from Dingman Township to Westfall Township, Pike County. He said the locations space consist of approx. 2,550 square feet in the pre-existing Sleepy’s Store which is located in the Staples Plaza on Route 6 & 209 in Westfall Township. There was no opposition to the transfer and a motion was made by the Supervisors to approve the transfer. There were a couple of conditions which will be made part of the Zoning Permit. It was determined it is a permitted use in the zone, in a pre-existing structure, in a commercial zone, no non-compatible uses in the area, and no objection from the public. There was a general finding that the applicant was compliant with the other requirements of the ordinance.
A motion was made by Supervisor Buchanan to approve the Liquor License Transfer-Resolution 2014-15. The motion was seconded by Supervisor Dotey and carried with three in favor and one opposition. Vice Chairman Melvin and Supervisors Buchanan and Dotey were in favor. Supervisor Banach was opposed since he did not attend the public hearing.
Solicitor Bernathy said the owners are the same as the business at the Milford Farms in Milford. Their business is primarily take out related to beer and malt beverages only. Liquor and wine sales are prohibited. It is conditioned upon 95% of their business being the sale of malt and beer beverages. The applicant indicated that most of their sales is take out and they do not encourage people to sit in but it is permitted if they choose. Some limited food is also served.
- Notice of Intent to insurance carrier: A motion was made by Supervisor Buchanan to send a notice of intent to the township insurance carrier. The motion was seconded by Supervisor Dotey and carried with all in favor.
Mr. Pranski asked the purpose of the notice. Solicitor Bernathy said there was a notice forwarded to his office indicating there is potential for litigation to be instituted against the township and as a result of this we need to provide our insurance carrier with notice of the intent. It was not litigation but Solicitor Bernathy took the correspondence of being a notice of claim and pursuant to the terms of our insurance policy a notice of claim needs to be forwarded to our insurance carrier. Mr. Pranski said the Pocono Record reported it as that the township was being countersued at this point. Supervisor Buchanan said this is a different matter. Mr. Pranski asked what the township is being litigated against now. Solicitor Bernathy said there is no litigation but a notice of claim. Mr. Pranski asked the purpose for the notice of claim. Solicitor Bernathy said it is a notice of claim brought by Eric Stewart through his attorneys in Scranton for defamation of character.
Vice Chairman Melvin said that concludes our meeting. Solicitor Bernathy confirmed there is no subdivision review or action. Mr. Pranski asked if there would be an executive session. Vice Chairman Melvin said there was an executive session held prior to the meeting. Supervisor Banach asked if Solicitor Bernathy would be talking about the June 23, 2014 meeting in executive session. Mr. Pranski asked if the Supervisors went into an executive session earlier in the evening. Supervisor Buchanan confirmed and said it was announced earlier in the meeting. Vice Chairman Melvin said he added this earlier in the meeting.
Mr. Schneider said that Mrs. Gordon from Pond Eddy had stopped by the office. She is a resident of Westfall Township. She is concerned about the emergency access to Pond Eddy since the bridge is closed and there is no longer a way to get down the railroad tracks to Pond Eddy. Once there was access by Parkers Glen and down to Mill Rift. The access is now closed. There is no access for emergency vehicles now that the bridge is closed. Mr. Pranski said Lumberland got their ambulance stuck in that location. Vice Chairman Melvin asked if there is access from the railroad. Mr. Pranski said the road is washed out up there. Supervisor Buchanan asked the solution to the problem. Discussion took place. Mr. Schneider said in the case of a power outage due to fallen trees, he is not sure how Orange and Rockland will gain access to the area.
Vice Chairman Melvin said the Supervisors will now go into executive session. A few people in the audience questioned this since it was just announced there would be no executive session to follow the meeting. Vice Chairman Melvin said we will hold another executive session since it was added to the agenda by Supervisor Banach regarding the June 23, 2014 meeting. Solicitor Bernathy said Supervisor Banach requested this during the meeting and he hopes everyone was paying attention during the meeting. Mr. Pranski said he just asked that question and the answer was no. He said to Solicitor Bernathy not to look at him and say “I hope you were paying attention”. Solicitor Bernathy said Supervisor Banach requested it during the meeting. Mr. Pranski said there is no reason to belittle him that way. Vice Chairman Melvin requested Mr. Pranski to relax. Mr. Pranski said he has been polite and respectful. Solicitor Bernathy said to Mr. Pranski that he has not been respectful. Mr. Pranski, noticeably angry, said “yes I have”. Solicitor Bernathy said Mr. Pranski is not being respectful now. He said to Mr. Pranski there is no reason for him to raise his voice. Mr. Pranski said there is a reason since he treats him like a piece of “Sh*t”. Solicitor Bernathy said there is no reason for Mr. Pranski to use profanity. He said if he continues to act this way he will ask that Mr. Pranski be removed from the meeting. Mr. Pranski said “really, go ahead and ask”. Solicitor Bernathy said to Mr. Pranski that he is being out of order. There was additional heated discussion regarding the conversation of executive session. Mr. Pranski said to Solicitor Bernathy that he should pay attention. Mr. Pranski said he will not put up with Solicitor Bernathy speaking down to him. He yelled at Solicitor Bernathy stating that he is not a Supervisor and that he is the town Solicitor and it is not his place to talk down to people. Solicitor Bernathy said this is not kindergarten. Vice Chairman Melvin once again suggested that Mr. Pranski calm down. Mr. Pranski yelled at Solicitor Bernathy “come on, Bob, get the last word in”. Solicitor Bernathy said he is asking Mr. Pranski to be civil and that is all.
Supervisor Buchanan asked if there will be any decisions coming out of executive session. Solicitor Bernathy said the executive session will be about the special meeting which was held on June 23, 2014. He does not believe so but he is not sure what Supervisor Banach will inquire about. Solicitor Bernathy suggested the public wait until the executive session is over. Mr. Pranski said he will stick around.
SUBDIVISION ACTION AND REVIEW: None
EXECTUIVE SESSION: An executive session was called at 9:09 pm for the purposes of litigation. The meeting was back in session at 9:13 pm.
No additional business was conducted and no decisions were made.
ADJOURNMENT: Meeting was adjourned at 9:13 p.m. on a motion by Supervisor Buchanan. The motion was seconded by Supervisor Dotey and carried with all in favor. Supervisor Banach did not vote since he was no longer on speaker phone.