Monthly Archives: September 2017

Supervisor Regular Meeting Minutes-August 7, 2017

Westfall Township, Matamoras, PA

August 7, 2017

The Regular meeting of the Westfall Township Board of Supervisors was held Monday, July 10, 2017 at 8:10 pm. The meeting started late due to the duration of the Conditional Use Hearing which started at 6:00 pm previous to the meeting. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Vice Chairman, Jerry Dotey; Supervisors; Lester Buchanan, Robert Bostinto and Paul Fischer; Solicitor, Robert Bernathy; and Secretary, Jodi Hulse. Also present were Treasurer, Scott Myer, Zoning Officer, Wayne Rohner; Road Master, Bill Schneider; Assistant Police Chief, Eric Stewart, Westfall Township Fire Department President, Bill Koferl; Emergency Management Coordinator, Robert Ewbank; Attorney, Jason Ohliger, Mr. and Mrs. Detweiler, Tom Shepstone, Robin Waizennegger, John Dalton and 20 members of the general public.

Solicitor Bernathy stated that there seems to be many members of the general public in attendance for the Malibu Ranch Conditional Use matter. He noted that this matter is on the agenda for scheduling a Conditional Use Hearing only and that there would be no discussion regarding this matter.  He thanked everyone for coming and stated that they are welcome to attend the hearing which would be scheduled later in the meeting and would be legally advertise and posted accordingly.

EXECUTIVE SESSION: The last executive session was held June 16, 2017.

APPROVAL OF AGENDA:

A motion was made by Supervisor Buchanan to move #3 of the Subdivision/Land Development/Conditional Use-review and action section of the agenda up to before the public comment.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

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

LETTER FROM PLANNING COMMISSION-Schedule Conditional Use Hearing: Malibu Land Holdings, LLC-351 Foster Hill Road-Wellness Center:  A motion was made by Supervisor Buchanan to schedule and advertise accordingly the Malibu Land Holdings, LLC-Conditional Use Hearing for September 5, 2017 at 5:00 pm.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

PUBLIC COMMENT: Robin Waizenegger addressed the Board.  She asked the Board to consider addressing the overnight motor home parking in the Walmart parking lot.  Solicitor Bernathy stated this was not a condition of the land development approval.  Supervisor Fischer said he believes that it was a condition.  Brief discussion followed.  The Board agreed to search the records to find the documentation confirming this condition.

There was no further public comment. 

MINUTES: A motion was made by Supervisor Buchanan to approve the July 10, 2017 Regular Meeting minutes.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

TREASURER’S REPORT: Scott Myer gave the report through August, 2017.  He stated there was a large payment of delinquent taxes paid in July.  The income for the year so far is at 100% and the expenses are in line with budget year to date.

The Treasurer’s Report through the month of August, 2017 was approved on a motion made by Supervisor Buchanan and seconded by Supervisor Bostinto and carries with all in favor.

POLICE REPORT: Assistant Chief Stewart read the report for the month of July, 2017.  The report reflects the following for the month of July, 2017:

Miles Patrolled: 5,434

YTD: 41,981

Motor Vehicle Accidents: 26

YTD: 131

Calls for the month: 232

YTD: 1403

Westfall: 151

Matamoras: 81

Assistant Chief Stewart also noted the significant happenings on the front of the report which are as follows:

  • Conducted DUI Checkpoint on Delaware Drive
  • Participated in Backpack Giveaway @ Verizon Store
  • National Night Out-Port Jervis Riverside Park 8/1/2017
  • EPRPD Foundation is holding a 3D Archery Shoot 8/9/17 8am-2pm

A motion was made by Supervisor Buchanan to approve the July, 2017 Police Report.  The motion was seconded by Supervisor Fischer and carries with all in favor.

FIRE DEPARTMENTS: 

Westfall Fire Department: Bill Koferl gave the report for July,  2017:  5 Automatic Fire Alarms, 8 Motor Vehicle  accidents, 5 Water Rescue, 1 Gas Leak, 3 Chief Investigation, 2 Assist EPRPD, 1 Public Service, 1 Vehicle Fire and 2 structure fires.  The Total calls for July, 2017 were 28.  The total fire calls year to date are 162.

The EMS Report for the month of July, 2017 was as follows: 39 Calls in Westfall Township, 2 Calls in Dingman Township, 5 calls in Milford Township, 8 calls in Milford Borough, 20 calls in Matamoras Borough, 1 call in Delaware Township, 1 call in Sussex County and 13 calls in Orange County, NY.  Total calls for July, 2017 were 89.  Total EMS calls year to date are 578.

The combined Year to Date calls are 740.

Training for the month: Five drills/In-house training sessions held for 127 hours; six members completed 6 hours of Haz-Mat Ops refresher; four members completed 16 hour of structural burn training

Fundraising: Pulled Pork Dinner held on August 4th 200 dinners-Sold Out!; Gun Raffle-September 10; Tricky Tray-October 7

Other: Go-24 Store has not installed the hydrant or Knox Box as requested.  Attended the Port Jervis Fire Parade and took 1st Place Engine over 10 years old; Best Western dry hydrant is out of service in need of repairs.  Issues with management @ Best Western in making required repairs.

Solicitor Bernathy asked Mr. Rohner if the owner of the Go 24 Store is complying with all conditions of the notice sent regarding their Land Development Plan. Mr. Rohner said he would need to check the time limit.  Solicitor Bernathy directed Mr. Rohner to let him know so that action can be taken before the Magistrate.

The Board directed Mr. Rohner to send an enforcement notice to the Best Western regarding the out of service hydrant.

A motion was made by Supervisor Fischer to approve the Westfall Fire Department report for the month of July, 2017.   The motion was seconded by Supervisor Bostinto and carries with all in favor.

Mill Rift Fire Department: No representative present.  No report submitted for the month of July, 2017.

HIGHWAY DEPARTMENT: Mr. Schneider gave the report for July, 2017. The Department did pothole patching  throughout the Township, trimmed the Right of Ways, worked on compost area, performed equipment maintenance, culvert pipe and ditch maintenance, removed old guide rail on River Road, installed new guide rail on River Road and bridge on Bluestone Boulevard and mowing at the Township Office property.  Mr. Schneider is in the process of obtaining quotes for pipe replacement on Heaters Hill Road.

A motion was made by Supervisor Buchanan to approve the Highway Department Report for July, 2017. The motion was seconded by Supervisor Fischer and carries with all in favor.

BUILDING/ZONING REPORT:  Wayne Rohner gave the report for July, 2017. He confirmed there were 5 building permits and 2 electrical permits for the month of July, 2017 totaling $3,576.00 in fees.

A motion was made by Supervisor Buchanan to approve the Building/Zoning Report for July, 2017. The motion was seconded by Supervisor Fischer and carries with all in favor.

EMERGENCY MANAGEMENT: Mr. Ewbank gave the report for July, 2017.  He said there were not EMA calls for the month.  He attended a meet and greet at the Pike County Light and Power Company on July 11, 2017.  He also participated in a tabletop exercise put on by Eagle Creek on July 12, 2017 at the Hampton Inn.

Mr. Ewbank showed concern regarding the emergency crew situation at Corning Gas. They will be using sub-contractors for 12 to 18 months and he is concerned about response time.  Brief discussion followed.  No action taken.

A motion was made by Supervisor Buchanan to approve the Emergency Management Report for the month of July, 2017.   The motion was seconded by Supervisor Fischer and carries with all in favor.

CORRESPONDENCE:  On desk for review. 

OLD BUSINESS:  

  1. Conditional Use Application-Peckham Properties, LLC-Proposed Event Center: This matter was addressed at the Public Hearing just prior to the meeting.
  2. Website Proposals: Secretary Hulse stated that 11 proposals were received and that the Niki Jones Agency proposal was, not only the least expensive, but was the nicest format and was best suited for the Township needs.

A motion was made by Supervisor Bostinto to appoint the Niki Jones Agency in accordance with proposal dated May 29, 2017. The motion was seconded by Supervisor Fischer and carries with three in favor and one opposition.  Supervisor Buchanan was in opposition.

  • Gambling Ordinance Draft: Solicitor Bernathy prepared a draft of a Gambling Ordinance as directed to do so by the Board as the last meeting. A discussion will take place at the September 5, 2017 Regular Meeting. 

A motion was made by Supervisor Buchanan to send the draft ordinance to the Planning Board for review and comment. The motion was seconded by Supervisor Fischer and carries with all in favor.

  • Proposed Fire Code Enforcement Ordinance: This matter was tabled.
  • Proposed Ordinance-Act 172-Tax Credit for Volunteers:

 

A motion was made by Supervisor Buchanan to schedule and advertise accordingly for a Public Hearing for adoption of the said ordinance for October 2, 2017 at 6:50 pm. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

  • Emergency Access Road-Township Property-Delaware Drive to Decker Lane: A motion was made by Supervisor Buchanan to approve Solicitor Bernathy to move forward to negotiate a Right of Way Acquisition. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

NEW BUSINESS:  

  • New Mower-Highway Department: A motion was made by Supervisor Buchanan to approve the purchase of a 61’ deck riding mower from Sawkill Power Equipment in the amount of $6,599.99. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

The Board agreed to table the matter of selling the old mower until Mr. Schneider obtains an approximate sale price.

Supervisor Bostinto stated that he would like to add an item to “New Business”. He added “LSA Grant” information/application.  He explained there is a grant available which may help the funding of the proposed Highway Department/Police Department construction project.

A motion was made by Supervisor Bostinto to submit an application for the LSA grant in the amount of $250,000 for Highway Department construction and or Police Department construction. The motion was seconded by Supervisor Fischer and carries with all in favor. 

 

SUBDIVSION/LAND DEVELOPMENT/CONDITIONAL USE-REVIEW AND ACTION:

  • Letter from Planning Commission-Minor Subdivision Application: Lands of Eric and Becky Stewart-131 Skytop Lane: A motion was made by Supervisor Buchanan to approve the Minor Subdivision application for Mr. and Mrs. Stewart with the following conditions:

 

  1. Section 403.2.15-The Building setback line for Lot 1 along the Private Road Access should be measured  from the edge of the ROW.
  2. Private Road Maintenance Agreement to be revised according the Solicitor review.
  3. Proposed Deeds to be submitted for attorney review prior to the August 7, 2017 Supervisor Meeting.

 

The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

A motion was made by Supervisor Buchanan to approve the following waivers requested by the applicant:

  1. Waiver of Section 403.2.17-to allow ten (10) foot contours to be indicated on the plan for clarity
  2. Waiver of Section 503.7-to allow four (4) residential dwelling units on a private access drive
  3. Waiver of Section 503.7-to allow a 33 foot right of way for the private access drive

The motion was seconded by Supervisor Fischer and carries with all in favor.

  • Letter from Planning Commission-Sewage Planning Module-Lands of Eric and Becky Stewart-131 Skytop Lane:

A motion was made by Supervisor Buchanan to approve and sign the Sewage Planning Module submitted by the Stewart’s and approved by Chris Wood, SEO. The motion was seconded by Supervisor Fischer and carries with all in favor.

Supervisor Fischer asked Mr. Schneider if he ordered signs for Delbert Drive. Mr. Schneider stated that was a private road and that the Township does not supply signs for private roadways.  

EXECUTIVE SESSION:

None held.

ADJOURNMENT: Meeting was adjourned at 8:47 p.m. on a motion by Supervisor Buchanan. Motion seconded by Supervisor Bostinto and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary

Continuance of Public Hearing-Malibu Ranch

PUBLIC NOTICE

Please take notice that the Public Hearing on an application for Conditional Use submitted by Malibu Land Holdings, LLC, scheduled for September 5, 2017, has been continued until Monday, October 2, 2017 at 7:00 pm with the previously advertised Regular Monthly Supervisor Meeting to immediately follow. The applicant is seeking conditional use approval of a Wellness Center, as a facility for the provision of therapy and treatment for various physical and mental health conditions, to be located at 351 Foster Hill Rd, Westfall Township, as a Use Not Specifically Regulated pursuant to Section 105.B of the Westfall Township Zoning Ordinance.

The Public Hearing will take place at the Westfall Township Municipal Building located at 102 LaBarr Lane, Westfall Township, Matamoras, PA.

Jodi Hulse, Secretary

Public Hearing 10/02/17 @ 6:50 pm

NOTICE

NOTICE IS HEREBY GIVEN that on October 2, 2017, at 6:50 p.m., at the Westfall Township Municipal Building, 102 La Barr Lane, Matamoras, Pennsylvania, the Supervisors of the Township of Westfall, Pike County, Pennsylvania, will act on an Ordinance for establishing a tax credit and additional benefit for the Volunteers of the Fire Department and Emergency Medical Services operating in and serving the Township of Westfall.

A summary of the Ordinance is as follows:

Section 1. Short Title

This Ordinance may be cited as the Volunteer and EMS tax Credit Ordinance of Westfall Township.

            Section 2.  Authority and Purpose            

            This Ordinance is authorized by Pennsylvania Statute which provides that the governing body of a Municipality may provide, by Ordinance, for a tax credit against real property owned and occupied by an active volunteer who is certified.  The purpose of the Ordinance is to create an incentive for current fire and EMS volunteers to remain active as well as increase recruitment of new volunteers.

            Section 3.  Definitions  

            Section 4.  Authorization of Tax Credit 

There is hereby authorized a tax credit against real property tax to be granted to an active volunteer. 

The amount of the tax credit authorized shall be twenty (20%) per cent of the tax liability of the active volunteer.

If the amount of the tax credit applied to the tax levied on residential real property located in Westfall Township which is owned and occupied by an active volunteer who is certified is less than Two Hundred Fifty ($250.00) Dollars, said volunteer shall receive a tax credit comprised of the tax credit applied to the real property as described above plus an additional benefit provided by the Township in an amount sufficient so that said volunteer shall receive a total  of Two Hundred Fifty ($250.00) Dollars, which is comprised of the tax credit as described in Section 4 C, and monies provided by the Township.

Section 5. Eligibility

Section 6. Return

Section 7. Limitations 

Section 8. Volunteer Service Program

A volunteer service program shall be implemented to establish the annual requirements for the certification of a volunteer in active service at a volunteer fire company or nonprofit emergency medical services agency.

The active volunteer shall be determined based on the volunteer’s participation in at least thirty (30%) percent of the volunteer fire company’s activities.

Section 9. Rejection and Appeal

Section 10. Penalties

Section 11. Fair Labor Standards Act

Section 12. Severability

Section 13. Repealer

Section 14. Effective Date

A copy of the full text of the proposed Ordinance may be examined by any citizen at the Westfall township Office located at 102 LaBarr Lane, Westfall Township, Matamoras, Pennsylvania during normal business hours.

Jodi Hulse

Westfall Secretary 

Robert F. Bernathy, Esquire

Township Solicitor