Monthly Archives: July 2016

June 6, 2016 Regular Supervisor Meeting Minutes

Westfall Township, Matamoras, PA

June 6, 2016

The regular meeting of the Westfall Township Board of Supervisors was held Monday, June 6, 2016 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 Melvin, Vice Chairman, Jerry Dotey; Supervisors; Lester Buchanan, Robert Bostinto and Paul Fischer; Solicitor, Robert Bernathy; Secretary, Jodi Hulse and Treasurer, Scott Myer. Also present were Road Master, Bill Schneider, Chief, Rob Llewellyn, Chief, Tom Lamb, Chief, Chad Stewart, Zoning Officer, Wayne Rohner, Emergency Management Assistant, Robert Howard, Bill Koferl, George Billeci, Attorney, John Stieh, Dave Clark, John Dalton, Fred Buchholtz, and approximately 12 members of the general public.

APPROVAL OF AGENDA:  

A motion was made by Supervisor Buchanan to approve the agenda. The motion was seconded by Supervisor Fischer and carries with all in favor.

 

PUBLIC COMMENT: Mr. Koferl addressed the Board and questioned the condition of Heaters Hill Road and when it would be repaired.  Mr. Schneider said that Kiley Associates, LLC has assessed several areas of the Township roads.  He is waiting for a proposal.  Mr. Koferl showed concern about damage which was done to his family’s property at the end of his driveway and that his family spent several thousands of dollars fixing the area and now it is washed out due to the recent storms.  Solicitor Bernathy stated that the township has a right to divert water off of the township road onto private property by state law.  Discussion followed.  Chairman Melvin stated that the Board would check with Kiley Associates to check the status.

Mr. Dalton addressed the Board questioning any plans to update the township website. He suggested the Board consider it to make it easier for residents to obtain township reports.   Chairman Melvin stated that it is not a priority at this time especially with many road maintenance issues at hand.

Mr. Buchholz addressed the Board with a request for permitting for a fireworks display. Solicitor Bernathy read the list of required conditions.  The Board added this to the agenda for discussion and disposition as #5 under “New Business”. 

MINUTES:

May 2, 2016- Regular Meeting Minutes- A motion was made by Supervisor Buchanan to approve the May 2, 2016 minutes. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

TREASURER’S REPORT: Mr. Myer gave the report for May, 2016 which is on file at the Township Office. He stated that 88 % of budget has been collected through May 31, 2016 for Real Estate Taxes.  The year to date income for the Earned Income Tax is approximately $479,000 with a projected income in future years of approximately $500,000.00.  Chairman Melvin stated this will hopefully make it possible for a reduction in tax millage.  Mr. Myer said he has no concerns at this time and that all expenses are in line.

A motion was made by Supervisor Buchanan to approve the Treasurer’s Report for the month of May, 2016. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

POLICE REPORT:  Chief Stewart gave the report for May, 2016.  The report reflects the following for the month of May, 2016:

Monthly Count of Offenses known to police:

1 Burglary, 6 Larceny Theft, 6 Fraud, 2 Vandalism, 1 Sexual Offense, 1 Drug Abuse, 1 DUI, 11 Disorderly Conduct and 8 other offenses. Total 36

Monthly Count of Persons Charged for offenses:

1 Larceny Theft, 2 Fraud, 1 Drug Abuse, 1 DUI, and 4 Disorderly Conduct. Total 9

Miles patrolled for the month: 6,163 Year to Date:  30,441

Motor Vehicle Accidents for the month: 22 Year to Date: 85

Calls for Service for the month: 195 Year to Date:  901

Chief Stewart stated that the Department held a seatbelt checkpoint in May and a seatbelt safety course at the elementary school which 175 students attended. He confirmed with Supervisor Buchanan that not many violations were written since the surrounding states have primary seatbelt laws.  Also, that the drivers had advanced notice of the check point.  Chairman Melvin questioned the staff at the Department.  Chief Stewart said that three officers were leaving and that two open positions have been filled but one remains open.

A motion was made by Supervisor Buchanan to approve the Police Report for the month of May, 2016. The motion was seconded by Supervisor Fischer and carries with all in favor.

FIRE DEPARTMENT:

Westfall Fire Department: Chief Llewellyn gave the report for May, 2016: 7 Automatic Fire Alarms, 7 Motor Vehicle Accidents, 2 Landing Zone,  2 Brush Fire, 2 Vehicle Fire, 2 Water Rescue, 1 Stand by transfer, 3 Chief Investigation, 1 Assist EMS and 2 Structure Fires.   The Total calls for April were 30.  The total fire calls year to date are 119.

The EMS Report for the month of May was as follows: 43 Calls in Westfall Township, 7 Calls in Dingman Township, 8 calls in Milford Township, 8 calls in Milford Borough, 1 call in Matamoras Borough,  and 6 calls in Orange County, New York.  Total calls for May were 72.  Total EMS calls year to date are 337.

The combined Year to Date calls are 456.

Training for the month: Four drills/In-house training sessions held for 128 hours.

Fund Raising: 3rd Annual Golf Outing at High Point Country Club completed; Westfall Fire Department Tricky Tray will be held on July 23, 2016 at DV School Complex

Other: Construction of the replacement of Engine 2 is complete.  Final inspection completed on May 27, 2016.  Installation of tools and small equipment underway.  Unit will be in service in early July.

Coin toss also took place on the holiday weekend.

Chief Llewellyn stated that there was an issue with the emitter the one of the pieces of equipment. He received a proposal from General Highway Products, Inc. The Board discussed the matter and stated this would be considered traffic signal maintenance and would be billed to the escrow accounts accordingly.

A motion was made by Supervisor Buchanan to replace the emitter at a cost of $796.00. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

A motion was made by Supervisor Buchanan to approve the Westfall Fire Department report for the month of May, 2016. The motion was seconded by Supervisor Bostinto and carries with all in favor.

Mill Rift Fire Department: No representative was present.  Mr. Schneider said that Chief Lamb was not available to attend and that he would submit the report the following day.

Chairman Melvin questioned how the driver training was progressing. Mr. Schneider said that they are working on it and that Chief Lamb could answer any questions pertaining to this matter.  Discussion followed.  Solicitor Bernathy questioned Mr. Schneider as to whether or not the department has adequate manpower and equipment to handle the jurisdiction.  Mr. Schneider stated that he would need to ask the Chief.  Additional Discussion followed.

A motion was made to notify the Pike County Communications Center to place the Westfall Township Fire Department on full response for Mill Rift jurisdiction for structure fires. The motion was seconded by Supervisor Fischer and carries with all in favor.

HIGHWAY DEPARTMENT:  Bill Schneider gave the report for May, 2016. He stated the Department has been working on Fire Tower Road Maintenance.  Also, culvert pipe maintenance throughout the township.  They installed pipe on Shale Pit Road, Laurel Acres.  The Department also did cutting maintenance on the Right of Way throughout the township.  Mr. Schneider worked on bid information for the black top projects and met with Kiley Associates, LLC for the perc testing on the Township Building property.  He said that repairs were done on the backhoe and tires were replaced on the farm tractor used for cutting the right of ways.  The Department also worked on trash pick- up on the roads.  They also installed speed limit signs on Reuben Bell Drive.  Drainage pipe is on order also.

Supervisor Buchanan said that Fire Tower Road serves no one and that there is too much maintenance required due to the travel distance. Mr. Dalton agreed.  Discussion followed.  Solicitor Bernathy asked if the Board would like to consider vacating the road.  The Board agreed to have Solicitor Bernathy look into the matter and provide a legal opinion.

The Highway Department Report for May, 2016 was approved on a motion made by Supervisor Buchanan. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

BUILDING/ZONING REPORT:  Wayne Rohner gave the report for May, 2016.  He reported four zoning permits and four building permits for May, 2016.  The fees totaled $2,581.23 for the month.

A motion was made by Supervisor Fischer to approve the Building/Zoning Report for May, 2016. The motion was seconded by Supervisor Bostinto and carries with all in favor.

EMERGENCY MANAGEMENT: Mr. Howard presented the report for May, 2016.  The report reflected that May was a relatively quiet month.  Orange and Rockland Utilities has scheduled a power outage to replace a step down transformer on June 9th at 10:30 affecting Mill Rift residents.  Mr. Ewbank will be attending a NYCDEP Dam Emergency Action Plan Orientation Seminar on June 10th at the Best Western Inn which is not open to the public or the press.

A motion was made by Supervisor Buchanan to approve the EMA Report for May, 2016. The motion was seconded by Supervisor Fischer and carries with all in favor.

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:  

2003 Ford F550 Mason Dump Bids: Secretary Hulse explained that the sale was advertised in the Pocono Record and on Municibid.  Two bids were received on Municibid and the high bid was $12,500 which did not meet the reserve of $17,000.  A sealed bid was received but not within the time frame of the legal advertisement.

A motion was made by Supervisor Buchanan to reject the bid received on Municibid due to not meeting the reserve and to reject the sealed bid due to untimely submittal. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

A motion was made by Supervisor Buchanan to re-advertise in the Pocono Record and to post the sale on Municibid with the same terms as previously approved with a reserve of $17,000. The motion was seconded by Vice Chairman Dotey and carries with all in favor.  The bids will be opened at the July 5, 2016 Supervisor Meeting.

Paving Project-Cummins Hill Road-Section 1: One Sealed bid was submitted.  The bid was from Wayco, Inc. in the amount of $55,930.49.  A motion was made by Supervisor Buchanan to award the bid to Wayco, Inc. in the amount of $55,930.49 pending Engineer and Solicitor review of bid package.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

Paving Project-Cummins Hill Road-Section 2: One sealed bid was submitted.  The bid was from Wayco, Inc. in the amount of $29,259.48.  A motion was made by Supervisor Buchanan to award the bid to Wayco, Inc. in the amount of $29, 259.48 pending Engineer and Solicitor review of bid package.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

Paving Project-Rod & Gun Club Road: One sealed bid was submitted.   The bid was from Wayco, Inc. in the amount of $9,018.91.   A motion was made by Supervisor Buchanan to award the bid to Wayco, Inc. in the amount of $9,018.91 pending Engineer and Solicitor review of bid package.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

Zoning Ordinance Revision (Garden Apartments)-Advertise for Public Hearing: Solicitor Bernathy stated that the Planning Board recommended changes to the Ordinance regarding garden apartment regulation.  He explained the revisions to the Board which the Board received a copy.    A motion was made by Supervisor Buchanan to approve the advertising and scheduling of the Public Hearing for the proposed changes which will be on July 5, 2016 at 6:45 pm.  The motion was seconded by Supervisor Fischer and carries with all in favor.

 

Proposed Loitering Ordinance: Solicitor Bernathy explained the proposed ordinance which the Board received a copy.  He also read his legal opinion.  Discussion followed regarding squatters in the Walmart parking lot.

 

A motion was made by Supervisor Buchanan to table the matter for the review of Chief of Police. The motion was seconded by Supervisor Bostinto and carries with all in favor.

 

Municipal Expansion: Vice Chairman Dotey stated that Kiley Associates, LLC did the perc testing and will be submitting that report soon.  He stated that the Board is looking into building a new Highway Department/Police Department on the Township Building property.  Discussion followed regarding the next step.  Supervisor Buchanan asked Mr. Clark the condition of the Matamoras Borough Building.  Mr. Clark said he was expecting to receive a report soon.  Chairman Melvin suggested waiting until the report is received by Kiley Associates before making any further decision.  The matter will be placed on the agenda for the July 5, 2016 Supervisor Meeting.

 

Pike County Planning Commission Nominee Request:   Secretary Hulse stated that Mr. Mrozinski asked again if the Board knows anyone interested in filling the vacancy.  Discussion of the Board followed.  No nominees were suggested.  No action was taken.

 

NEW BUSINESS:

 Approval of payment of temporary overtime hours for Secretary to research records to comply with Department of Environmental Protection Requirement: A motion was made by Supervisor Buchanan to approve fifty hours of overtime payment for the Secretary to research the information request. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

 Approval of participation in the “Evolving Law of Zoning” course-Wayne Rohner, Zoning Officer: A motion was made by Supervisor Buchanan to approve the payment of the course in the amount of $50.00 and mileage reimbursement for Mr. Rohner’s attendance. The motion was seconded by Supervisor Fischer and carries with all in favor. 

 Malibu Dude Ranch-Firework display approval: Supervisor Buchanan motioned to approve the Malibu Dude Ranch Firework display to be held on July 2, 2016 with conditions provided by Solicitor Bernathy (letter dated February 3, 2015). The motion was seconded by Supervisor Bostinto and carries with all in favor. 

 MJS Engineering Invoice: Solicitor Bernathy stated he is in receipt of a copy of an invoice submitted by MJS Engineering. He has reviewed the Katz agreement and the payment of any such invoice is not covered in the agreement which is expired. He advised the Board dispute the invoice.

A motion was made by Chairman Melvin to direct Solicitor Bernathy to send a letter to the engineering company to dispute the invoice. The motion was seconded by Supervisor Fischer and carries with four in favor and one opposition.  Supervisor Buchanan was in opposition.

5. Fred Buccholz-Firework Display Approval: A motion was made by Supervisor Buchanan to approve the fireworks display to be held at a property on Cummins Hill Road owned by Carpenter/Connolly on July 4, 2016 (rain date-July 3, 2016) with the conditions Solicitor Bernathy read to the applicant earlier in the meeting. The motion was seconded by Supervisor Fischer and carries with all in favor.

 

SUBDIVISION REVIEW and ACTION:

 

Westfall Entertainment Complex, Inc.-Lot Combination: George Billeci, Westfall Entertainment Complex, Inc. was present.  Also present was Attorney, John Stieh.  Mr. Stieh addressed the Board and stated he is not sure of the reason for the conditions of proof of water source and access agreement/easement.  The applicant is bringing two lots together.  Solicitor Bernathy stated the conditions are on the Kiley Associates review letter dated April 28, 2016.  Mr. Stieh said this refers to a subdivision not a lot combination.  Solicitor Bernathy stated that a lot combination is a minor subdivision according to the Ordinance.  Mr. Stieh stated the public water system is approved by the DEP and that the deeds in the chain back to 1930 reference pipes and a number of houses serviced by the system.  Supervisor Fischer stated that the property which supplies the water source is for sale and the new owner would not be liable to supply the water.  Attorney Stieh questioned what that has to do with this lot combination.  Solicitor Bernathy stated the application is a Minor Subdivision according to definition.  Attorney Stieh disagreed.  Solicitor Bernathy also stated that there is no access permit to the property from the Pennsylvania Department of Transportation.  Discussion followed.

A motion was made by Chairman Melvin to approve the application with the conditions listed in the Kiley Associates, LLC correspondence dated April 28, 2016. The motion was seconded by Supervisor Fischer and carries with four in favor and one opposition.  Supervisor Buchanan was in opposition.

Warwick Properties: Westfall Senior Housing-Lot Combination: A motion was made to approve the application with no conditions.  The motion was seconded by Supervisor Bostinto and carries with all in favor.  

EXECUTIVE SESSION: None held.

ADJOURNMENT: Meeting was adjourned at 8:36 p.m. on a motion by Vice Chairman Dotey. Motion seconded by Supervisor Fischer and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary