Author Archives: Secretary

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

 

 

Conditional Use Hearing-September 5, 2017 @ 5:00 pm

PUBLIC NOTICE

Please take notice that a Public Hearing will be held before the Westfall Township Board of Supervisors on an application for Conditional Use submitted by Malibu Land Holdings, LLC.  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.

This hearing is scheduled to commence on Tuesday, September 5, 2017 at 5:00 p.m., at the Westfall Township Building, 102 LaBarr Lane, Westfall Township, Pike County, PA.

Jodi Hulse, Secretary

Joint Meeting-August 21, 2017

PUBLIC NOTICE

WESTFALL TOWNSHIP

JOINT MEETING NOTICE

Please take notice that the Westfall Board of Supervisors will hold a Joint Meeting with the Matamoras Borough Council and The Eastern Pike Regional Police Commission on Monday, August 21, 2017 at 7:00 pm to discuss the 2018 Police Department Budget.  The meeting will take place at the Westfall Township Municipal Building located at 102 LaBarr Lane, Matamoras, Pennsylvania.

Jodi Hulse

Secretary

 

 

 

July 10, 2017-Regular Supervisor Meeting Minutes

Westfall Township, Matamoras, PA

July 10, 2017

The Regular meeting of the Westfall Township Board of Supervisors was held Monday, July 10, 2017 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; and Secretary, Jodi Hulse. Also present were Zoning Officer, Wayne Rohner; Road Master and Mill Rift Fire Department President, Bill Schneider; Westfall Township Fire Department Chief, Robert Llewellyn; Westfall Fire Department President, Bill Koferl; Michael Gable, Jason Ohliger, Esquire, Jack Wertz, Tim Day, Carl Flehl, Mrs. Siracuse,  John Dalton and 18 members of the general public.

Scott Myer, Treasurer, was absent.

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

APPROVAL OF AGENDA:

A motion was made by Chairman Melvin to move the Subdivision and Land Development section of the agenda up between Correspondence and Old Business. The motion was seconded by Supervisor Fischer 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.

PUBLIC COMMENT: No public comment was made 

MINUTES: A motion was made by Supervisor Bostinto to approve the June 5, 2017 Regular Meeting minutes.  The motion was seconded by Supervisor Buchanan and carries with all in favor.

TREASURER’S REPORT: The report through July, 2017 is on file at the Township Office.  A motion was made by Supervisor Buchanan to approve the Treasurer’s Report through the month of July, 2017.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

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

Miles Patrolled: 6,356

YTD: 36,547

Motor Vehicle Accidents: 24

YTD: 105

Calls for the month: 241

YTD: 1171

Westfall: 153

Matamoras: 88

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

  • Gun Safety/Hand out gunlocks
  • Conducted seatbelt safety program to DVES
  • Meeting with Safe Haven to go over Victims Services
  • Conducted DUI Checkpoint
  • The Department and Officer Martine received an award for our participation in the 2016 PA Aggressive Driving Enforcement
  • Sent two officers to a 2 day training to become CPR Instructors

A motion was made by Supervisor Buchanan to approve the Police Report for the month of June, 2017. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

FIRE DEPARTMENTS: 

Westfall Fire Department: Chief Llewellyn gave the report for June,  2017:  8 Automatic Fire Alarms, 7 Motor Vehicle Accidents, 2 Brush Fires, 2 Water Rescue, 1 Landing Zone, 1 Residential Rescue, 3 Chief Investigations, 2 Assist EPRPD, 1 Assist EMS, 1 Utility Wires Down, 1 Vehicle Fire, and 2 Structure Fires.  The Total calls for June, 2017 were 31.  The total fire calls year to date are 134.

The EMS Report for the month of June, 2017 was as follows: 56 Calls in Westfall Township, 7 Calls in Dingman Township, 3 calls in Milford Township, 3 calls in Milford Borough, 9 calls in Matamoras Borough,  and 8 calls in Orange County, NY.  Total calls for June, 2017 were 86.  Total EMS calls year to date are 489.

The combined Year to Date calls are 623.

Training for the month: Four Drills/In-house training sessions held for 127 hours. Seven members completed the National Firefighter 1 testing.  Four members completed 16 hours of Structural Burn training

Fundraising: Pulled Pork Dinner-August 14; Gun Raffle-September 10; Tricky Tray-October 7

Other: Go-24 Store has not installed the hydrant or Knox Box as requested.  The Westfall Township Volunteer Fire Department signed the Township Fire Protection Contract.  Also, the department assisted with the DV High School Graduation.

A motion was made by Supervisor Buchanan to waive the Zoning Permit Fee for a sign installation on the Westfall Fire Department Building. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

A motion was made by Vice Chairman Dotey to approve the Westfall Fire Department report for the month of June, 2017.   The motion was seconded by Supervisor Buchanan and carries with all in favor.

Mill Rift Fire Department: Bill Schneider, President, gave the report for the Mill Rift Fire Department for the month of June, 2017 which confirmed the following:

06/07/17: Work Night-went over Engine 1 and Tanker

06/11/17: River Rescue-Boat-Brush Truck

06/13/17: Monthly Meeting

06/16/17: Motor Vehicle Accident-294 Bluestone Boulevard

06/19/17: River Rescue-Boat-Brush Truck

06/21/17: Fill Pool-Engine 1-Pump-Tanker 1

06/17/17: Clean Engine 1 and 2-Tanker-Powerwash

 

Total Man Hours: 137

Total Equipment Hours YR: 123

Total Man Hours for the Year: 585

The Mill Rift Fire Department Report for June, 2017 was approved by motion by Supervisor Bostinto.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

HIGHWAY DEPARTMENT: Mr. Schneider gave the report for June, 2017. The Department continued with shoulder work on Cummins Hill Road and Heaters Hill Road.  Also, they did a tree clean up on Stark Drive.  Stone was hauled to the stock pile at the Highway Department Building.  The Department mowed right of ways throughout the Township.  They also did maintenance on equipment and the compost area.  Clean up after heavy rain storm was also done including cleaning culvert ditches.  Mr. Schneider stated that all signs throughout the Township have been replaced to state regulations.  The department will be installing arrow signs to the curve areas of Bluestone Boulevard.  They have done cold patching throughout the Township and will be starting hot patching on the larger areas soon.  Mr. Schneider stated Pioneer Construction should be starting work on slide on Mill Rift Road soon.  They are planning on keeping one lane open with a red light regulating traffic.  Mr. Schneider also attending a meeting at the PCLP Company on Schneider Lane regarding any problems throughout the Township.  He is also obtaining phone quotes for culvert pipe replacement on Heaters Hill Road and Reuben Bell Drive near Home Depot. The Department was called out to a traffic light problem at Mountain Avenue.  Kuharchik Construction fixed the issue.

 

A motion was made by Supervisor Buchanan to approve the June, 2017 Highway Department Report. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

BUILDING/ZONING REPORT:  Wayne Rohner gave the report for June, 2017. He confirmed there were 5 building permits, 1 driveway permit and 9 zoning permits for the month of June, 2017 totaling $5,126.80 in fees.

 

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

 

EMERGENCY MANAGEMENT: No representative present.  Jodi Hulse, Secretary, read the report submitted for the month of June, 2017 which reflected no activity for the department.  Mr. Ewbank attended an Emergency Action Plan Orientation Seminar for the Cannonsville, Pepacton and Neversink Dams at the Best Western Inn on June 20, 2017.  The seminar was presented by NYC DEP.

 

A motion was made by Chairman Melvin to approve the Emergency Management Report for the month of June, 2017.   The motion was seconded by Supervisor Bostinto and carries with all in favor.

 

CORRESPONDENCE:  On desk for review.

 

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

 

  1. Paddlers Point-Garden Apartments: Major Land Development Application-Letter from Planning Commission: Representatives: Michael Gable, Boucher & James; Jason Ohliger, Esquire and Jack WertzSolicitor Bernathy confirmed with Jodi Hulse, Secretary, that a complete application was received. He stated the Board is in receipt of a Planning Commission comment letter, Pike County Conservation District review correspondence and Kiley Associates, LLC review letter dated June 27, 2017.Mr. Gable explained the Land Development application/project with a proposed location at the end of Hulst Drive. He said 132 apartments will be added which will consist of 5 buildings and 11 units. All conditions were addressed and were discussed and confirmed with Solicitor Bernathy. Mr. Gable agreed to all conditions. Discussion initiated by Supervisor Bostinto regarding trees on the plan. No further comment was made by the Board. No public comment was made.Chief Llewellyn had no further comment other than the conditions discussed and set forth by the Planning Commission.A motion was made by Supervisor Buchanan to approve the Paddler’s Point Garden Apartment Land Development Plan with the following conditions:
  1. All conditions addressed on the Kiley Associates, LLC review letter dated June 27, 2017
  2. All conditions addressed on the Pike County Conservation District correspondence dated June 19, 2017
  3. All third party approvals
  4. Updated lease to be provided
  5. Emergency evacuation plan to be provided
  6. Sprinkler plan to be provided for all units
  7. Remove island at entrance gate from the plan
  8. Provide 360 degree access around buildings
  9. Installation of stand pipes to each stairwell
  10. Installation of fire alarms in all units
  11. Installation of Knox Box for each building-provide master key to Fire Department to open all apartments
  12. The motion was seconded by Vice Chairman Dotey and carries with all in favor.
  1. Peckham Property Associates, LLC: Conditional Use Application-Letter from Planning Commission-Schedule Conditional Use Hearing: No representatives present.

Solicitor Bernathy explained the application for the event center. He stated the matter is on the agenda for administrative action to schedule a conditional use hearing with stenographer services.  He noted comments will be considered at said hearing.

A motion was made by Chairman Melvin to schedule/advertise (in all three approved township newspapers) the Conditional Use Hearing for Monday, August 7, 2017 at 6:00 pm. The motion was seconded by Supervisor Bostinto and carries with all in favor.

Several members of the public were present to comment on the conditional use application. Solicitor Bernathy asked for public comment on an informal basis.

Tim Day, Crawford Hill Community President, addressed the Board with correspondence dated July 10, 2017 referencing a list of concerns. He read the list to the Board.  The Board asked Mr. Day, since the hearing was scheduled one hour prior to the next scheduled Supervisor meeting, that he be the spokesperson for the group at the conditional use hearing due to the time allowance.  Mr. Day agreed.

 

Carl Flehl addressed the Board with his concerns about the proposed conditional use. He is not in favor of a commercial business on Cummins Hill Road which he considers a residential area.  Solicitor Bernathy stated the subject property is zoned CD (Conservation District).  He noted that a resort is a use specifically provided for in a CD Zone and that the applicant is arguing that the proposed use is less impactful than a resort.  Solicitor Bernathy also noted that there will be a time for public comment at the Conditional Use Hearing and the Supervisors will be able to attach reasonable conditions to an approval if they choose.

Mrs. Siracuse addressed the Board. She stated she lives north of the subject property and that she has personally witnessed several accidents on the curve which borders the subject property.  Mrs. Siracuse stated the proposed commercial driveway is not safe.  She asked the Board to work with the public/residents to address safety concerns to Penn DOT.  She is also very concerned about the amount of traffic and cars pulling on and off of the roadway and the use of alcohol at the events.

No further comment was made. 

OLD BUSINESS:  

  • Geotechnical Engineering Services-Bluestone Boulevard/Cummins Hill Road-Invoice approval: Jodi Hulse, Secretary, explained that the invoice was $98.00 more than the original approved amount of $5,940.00. 

A motion was made by Supervisor Buchanan approve the payment of the invoice amount of $6,038.00 to Kiley Associates, LLC. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

  • Paving Project-Cummins Hill Road-Two Sections-Letter from Wayco, Inc.: Mr. Schneider explained that there is a bump in the pavement where the Township paving meets the Penn DOT road which was the smaller of the two Cummins Hill Road projects ($42,719.25-winning bid amount). Discussion followed.  A motion was made by Supervisor Buchanan to release the full payment contingent upon Wayco, Inc. correcting the problem within a reasonable amount of time. Discussion followed.The motion did not carry.A motion was made by Chairman Melvin to pay the $86,077.23 in full and hold 10% of the $42,719.25 until Wayco, Inc. corrects the problem within a reasonable amount of time. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

  • Website Proposals: A review committee of two Supervisors, Chairman Melvin and Supervisor Bostinto, was formed to review all proposals and present the information to the Board. No action taken at this time. 
  • Proposed Fire Code Enforcement Ordinance: Tabled

 

  • Proposed Ordinance –Act 172-Tax Credit for Volunteers: Solicitor Bernathy provided a draft ordinance for review. This matter will be added to the August 7, 2017 Supervisor Meeting agenda.

 

  • Fire Protection Contract: A motion was made by Vice Chairman Dotey to approve the revised Fire Protection Contract which has been signed by the Westfall Fire Department and the Mill Rift Fire Department. The motion was seconded by Supervisor Bostinto and carries with all in favor.

 

Discussion followed regarding medical examinations and drug screening locations. A motion was made by Supervisor Fischer to authorize Jodi Hulse, Secretary, to coordinate, through State Workers Insurance Fund or a local doctor’s office, a physical examination and drug screening procedure not to exceed a $250.00 flat rate per member.  The motion was seconded by Chairman Melvin and carries with all in favor. 

NEW BUSINESS: 

  • Flood Insurance Invoice: A motion was made by Chairman Dotey to approve Option A ($69,200.00 coverage-$1,102.00 invoice amount) on the flood insurance invoice. The motion was seconded by Supervisor Buchanan and carries with all in favor. 
  • Proposed Gambling Ordinance: Solicitor Bernathy will provide a draft for Supervisor review and consideration.

 

  • Advertise Joint Meeting-Westfall Township, Matamoras Borough and Eastern Pike Regional Police Commission: A motion was made by Supervisor Buchanan to advertise the joint meeting for August 21, 2017 at 7:00 pm at the Westfall Township Municipal Building. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

 

  • Rescue/Emergency Response Cost: Supervisor Bostinto stated there was an extraordinary river rescue this past weekend which involved the Eastern Pike Regional Police Department, Westfall Fire Department, and West Point. He questioned any costs involved. Chief Llewellyn stated there were no extra costs since the rescue work is done on a volunteer basis and mutual aid. 

 

  • Penn DOT Municipal Winter Maintenance Agreement: A motion was made by Vice Chairman Dotey to continue with the 5 Year Winter Municipal Agreement as reflected on Penn DOT correspondence dated July 3, 2017. The motion was seconded by Supervisor Buchanan and carries with all in favor. 

SUBDIVISION REVIEW and ACTION: Addressed earlier in the meeting.

EXECUTIVE SESSION:

None held.

ADJOURNMENT: Meeting was adjourned at 7:59 p.m. on a motion by Supervisor Buchanan. Motion seconded by Vice Chairman Dotey and carries with all in favor.

Respectfully Submitted,

 

Jodi Hulse

Secretary

Meeting Minutes-Supervisor Regular Meeting-June 5, 2017

Westfall Township, Matamoras, PA

June 5, 2017

The Regular meeting of the Westfall Township Board of Supervisors was held Monday, June 5, 2017 at 7:01 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; and Secretary, Jodi Hulse. Also present were Zoning Officer, Wayne Rohner; Road Master, Bill Schneider; Westfall Township Fire Department Chief, Robert Llewellyn; Westfall Fire Department President, Bill Koferl; Mill Rift Fire Department Chief, Tom Lamb; Treasurer, Scott Myer; Robert Meyer, John Dalton, Robin Waizenegger, Marge Tonkin, Corinne Tonkin, Dr. Allan Detweiler, Davis Chant, Mr. and Mrs. Thomas Ryan, and Thomas Shepstone; and approximately sixteen members of the general public.

EXECUTIVE SESSION: The last executive session was held at 6:00 pm on April 21, 2017.

APPROVAL OF AGENDA:

Vice Chairman Dotey added #7 under Old Business as “Emergency Road” and Solicitor Bernathy added #7 under New Business as “Act 172-Tax Credit for Volunteers”

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

MINUTES: A motion was made by Vice Chairman Dotey to approve the May 1, 2017 Regular Meeting Minutes.  The motion was seconded by Supervisor Fischer and carries with all in favor.

A motion was made by Supervisor Fischer to call an executive session for personnel and potential litigation at 7:02 pm. The motion was seconded by Supervisor Bostinto and carries with all in favor.

The meeting was called back in session at 7:23 pm. Chairman Melvin stated that no decisions have been made.

PUBLIC COMMENT: Mr. Robert Meyer of 125 North Castle Drive addressed the Board with a complaint regarding excessive shooting at the Matamoras Rod and Gun Club property which borders his land.  He stated that he moved to Westfall Township in 2005 and his property is located fairly close to the Matamoras Rod and Gun Club.  He noted the following:  originally there were roughly 100 members at the club with roughly 375 rounds being shot per hour at a five hour maximum; the club has expanded to accommodate pistol shooting; his property is 400 yards from pistol range; combat training contests have been taking place; 14,000 rounds are being fired within a five hour period; four ranges in use at one time and assault rifle shoots with fast shooting for five hours at a time emptying clips. He stated he complained last July to the Board and has submitted written complaints each month.

Chairman Melvin stated the use is still the same so therefore nothing can be done by the Board of Supervisors. Solicitor Bernathy stated he responded to Mr. Meyer’s first correspondence addressed to him as Solicitor and that he just received the second letter.  Mr. Meyer invited the Board to come and listen to the excessive shooting which makes his home unlivable on the weekends.  He stated the club is no longer a shooting club anymore and that it is more like an enterprise with increased fees and high dues.  Mr. Meyer stated this matter needs to be investigated and an ordinance be put in effect to prohibit this activity.  He asked the Board if they plan on investigating the matter.  Supervisor Bostinto stated this is a civil matter between Mr. Meyer and the Matamoras Rod & Gun Club.  Solicitor Bernathy stated there has been no violation of any Township ordinance and the use is a pre-existing non-conforming use and that he has stated this several times in the past.

Heated discussion followed. Mr. Meyer asked the Board if they were involved in the Katz matter.  Solicitor Bernathy noted it was interesting that Mr. Meyer has copied Attorney John Stieh on correspondence addressed to the Township.  He told Mr. Meyer that Attorney Stieh was the Solicitor for the Township during the Katz matter.  Mr. Meyer confirmed that Attorney Stieh is his personal attorney and that Solicitor Bernathy did not need to personally attack him.

Solicitor Bernathy repeated that the use is a pre-existing non-conforming use and that he encouraged Mr. Meyer to seek legal counsel and review the Township Ordinances.

Mr. Meyer stated he would continue to put pressure on the Township to make a legal case. He stated that the Township could shut down the club today.  Solicitor Bernathy stated that could not be done legally.

The Board thanked Mr. Meyer for coming in. No further comment was made.

Marge Tonkin thanked the Board for taking care of the sink hole repair near her property at Heaters Hill. Chairman Melvin stated the matter was an emergency and had to be addressed.

 

TREASURER’S REPORT: Mr. Myer gave the report through the month of May, 2017. He stated 100% of Real Estate taxes have been collected.  Spending is in line and the Bell Manor Paving project payment has been made.

A motion was made by Supervisor Buchanan to approve the Treasurer’s Report through the month of May, 2017. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

POLICE REPORT: Chief Stewart was absent therefore no report was submitted.

FIRE DEPARTMENTS: 

Westfall Fire Department: Chief Llewellyn gave the report for May,  2017:  5 Automatic Fire Alarms, 11 Motor Vehicle Accidents, 5 Brush Fires, 1 Water Rescue, 1 Landing Zone, 1 Stand By Transfer, 2 Chief Investigation, and 3 Structure Fires.  The Total calls for May, 2017 were 15.  The total fire calls year to date are 103.

The EMS Report for the month of May, 2017 was as follows: 44 Calls in Westfall Township, 4 Calls in Dingman Township, 6 calls in Milford Township, 12 calls in Milford Borough, 11 calls in Matamoras Borough, 2 calls in Shohola Twp, 1 call in Delaware Township, 1 call in Blooming Grove Township and 8 calls in Orange County, NY.  Total calls for May, 2017 were 90.  Total EMS calls year to date are 403.

The combined Year to Date calls are 506.

Training for the month: Four Drills/In-house training sessions held for 112 hours.  Five members completed sixteen hours of Emergency Vehicle Driver Training at PCTC.

Fundraising: Pulled Pork Dinner-August 14; Gun Raffle-September 10; Tricky Tray-October 7

Other: Go-24 Store has not installed the hydrant or Knox Box as requested.  The Westfall Township Volunteer Fire Department has provided feedback on fire protection contract.

Solicitor Bernathy stated he would revise the Fire Protection Contract with changes and have available for signatures for the next meeting. Bill Schneider, Mill Rift Fire Department President, confirmed the Mill Rift Fire Department agrees with the changes made by Mill Rift.

 

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

 

Mill Rift Fire Department: Chief Lamb gave the report for the Mill Rift Fire Department for the month of May, 2017 which confirmed the following:

 

05/03/17: Work Night-Driver Training-engine 1 and 2

05/04/17: Structure Fire-Engine 1 Tanker, Engine 2 and Pump

05/12/17: River Rescue-Boat

05/24/17: Work Night –Driver Training-Engine 1, Pump & Tanker

05/31/17: Work Night-Driver Training-Fill Pool-Engine 1 & Tanker 1

 

Total Man Hours: 61

Total Equipment Hours YR: 105

Total Man Hours for the Year: 448

 

A motion was made by Supervisor Fischer to approve the Mill Rift Fire Department’s attendance in the July 8, 2017 Port Jervis parade. The motion was seconded by Supervisor Buchanan and carries with all in favor.

 

The Mill Rift Fire Department Report for May, 2017 was approved by motion by Vice Chairman Dotey. The motion was seconded by Supervisor Bostinto and carries with all in favor.

 

HIGHWAY DEPARTMENT: Mr. Schneider gave the report for May, 2017.  The Department did shoulder work on Cummins Hill Road.  They also clearer culvert pipes and drains throughout the township.  Mowing and clearing of the bank at Pond Eddy was done.  The department mowed the office area yard and worked in the compost area.  Mr. Schneider stated the Bell Manor and Blue Ridge Boulevard paving was completed.  Also, the Heaters Hill Road emergency repair was done.  The test hole boring was completed at Blue Stone Boulevard.  Mr. Schneider attended the monthly road task force meeting.  The paving on Cummins Hill Road is also completed.  Mr. Schneider stated the Freightliner was sent to Powell’s Truck Center for repair.  He also stated there were a few complaints regarding the milling on Cummins Hill Road.  The paving company left a large bump for several days since they could not pave due to weather conditions.

 

A motion was made by Supervisor Buchanan to approve the May, 2017 Highway Department Report. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

BUILDING/ZONING REPORT:  Wayne Rohner gave the report for May, 2017. He confirmed there were 9 building permits, 4 electrical permits and 10 zoning permits for the month of May, 2017 totaling $9,654.79 in fees.

 

Mr. Rohner confirmed the notice was sent out to the owner of the GO24 Store. He stated there is a process which needs to be followed and it can drag out.

 

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

 

EMERGENCY MANAGEMENT: Mr. Ewbank presented the Emergency Management Report for May, 2017.  There were no calls for May, 2017.  Mr. Ewbank stated he attended an Emergency Action Plan Tabletop exercise for the Mongaup River System Hydroelectric Project at the Hampton Inn on May 24, 2017.

 

Supervisor Bostinto stated he spoke with Alison Miskiman and there are some changes on the FEMA outlines and guidelines and that she would like an update.

 

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

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:

  1. Heater Hill Sink Hole Repair: This was done during May, 2017. No action taken 
  2. Fire Protection Contract: Solicitor Bernathy received the requested changes from the Westfall Fire Department.

A motion was made by Supervisor Buchanan to approve the amended Fire Protection Contract. The motion was seconded by Vice Chairman Dotey and carries with all in favor. Solicitor Bernathy stated he would revise the contact accordingly and provide it to the Board.

 

3. Fire Department Split: Discussion followed. A motion was made by Supervisor Fischer to approve the Fire Department allotment from the general fund and special mils as 80% of the allotment to the Westfall Fire Department and 20% of the allotment to the Mill Rift Fire Department and the split for the Local Service Tax income to be 50% to each department. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

4. Fire Code Enforcement-Notice of issues from Chief Llewellyn: Chairman Melvin stated the Board is taking this matter under serious consideration and that they are working on a proposed ordinance. He stated there needs to be an inspection program in affect. The ordinance will create a part time position to enforce to ordinance for the inspection of commercial properties only.  The Board agreed to have Solicitor Bernathy prepare a draft ordinance for the Board’s review at the next meeting.

5. Pioneer Construction Lease: No one from Pioneer Construction was present. No action taken.

6. Malibu Dude Ranch: An informal discussion transpired regarding a proposed use. Representative: Tom Shepstone, Davis Chant, Mr. and Mrs. Ryan and Mr. and Mrs. Detweiller. Solicitor Bernathy stated he received a memorandum from Mr. Shepstone and did some independent research regarding this matter which was address at the May, 2017 Supervisor Meeting. He explained his findings and suggested the applicant apply for a Conditional Use Hearing. The proposed use did not fit the definition of a treatment center. Section 402 defines a treatment center as a use other than a prison or hospital providing housing for three or more unrelated persons who need specialized housing and treatment. It was established that the proposed use was not for criminal rehabilitation such as a half-way house. The proposed use was also not for currently addicted people that used in an illegal manner. Further, the use was not for a type of treatment for mental illness or other behavior that causes a person to be a threat to the physical safety of others. Because the proposed use was not otherwise provided for in any of the Township zoning districts the use shall be characterized as a conditional use and should proceed accordingly.Mr. Shepstone stated he this would be the most practical approach and will proceed accordingly.

No further comment and no action taken. 

7. Emergency Road: Vice Chairman Dotey stated the Board needs to make a move to come to an agreement with Mr. Burger to obtain a right of way for an emergency road on the Township Property through to Decker Lane. Chairman Melvin stated this needs to be discussed in an executive session.                            

           A motion was made by Vice Chairman Dotey to move forward to negotiate agreement with Mr. Burger.  The  motion was seconded by Supervisor Bostinto and carries with all in favor.

Solicitor Bernathy was directed by the Board to prepare a proposed lease/acquisition/agreement of sale.  

NEW BUSINESS:

  1. Steve Grandinali-Corning Gas: Mr. Grandinali informed the board that Corning Gas is in the process of hiring contractors to perform their electrical and gas work and that currently they rely on Orange and Rockland for their customer service. 

                  Regarding the Schneider Lane and Cummins Hill Road/6 & 209 Street Lights, Mr. Grandinali stated the cost to install the street lights will be $5,004.00 and approximately $700.00 per year for lighting  and electricity costs.

A motion was made by Supervisor Fischer to approve the installation cost of $5,004.00 and the  approximate cost of $700.00 per year for lighting and electricity costs.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

 

2. Kuharchik Construction-Contract for Services: A motion was made by Vice Chairman Dotey to approve the Kuharchik Construction Contract dated May 4, 2017 contingent the agreement is valid only through January 31, 2018. The motion was seconded by Supervisor Bostinto and carries with all in favor.

3. Permit Manager Update: A motion was made by Supervisor Buchanan to approve the payment of $350.00 to update the Permit Manager System the May 5, 2017 email provided by Cork Shunk, Permit Manager. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

4. Advertise for Auditors: The Board decided to table advertising for the vacant Auditor positions.Corinne Tonkin volunteered for the two year auditor vacancy position. A motion was made by Supervisor Bostinto to appoint Ms. Tonkin to the two year Auditor position. The motion was seconded by Supervisor Fischer and carries with all in favor.

5. Upper Delaware Council-Resolution in support of the Scenic Wild Delaware River Geotourism Initiative: No action taken. 

6. Invitation to NYC DEP Emergency Action Plan Orientation Seminar for the Cannonsville, Pepacton and Neversink dams: A motion was made by Chairman Melvin to approve sending two Supervisors to the seminar to include Supervisor Bostinto and also Mr. Ewbank, if available. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

7. Act 172-Tax Credit for Volunteers: Solicitor Bernathy explained the law which provides an option for the Township to offer a Real Estate Tax or Earned Income Tax credit to volunteers through a volunteer credit service program. This gives an incentive for fire and ems workers to volunteer. Chairman Melvin suggested the Board pursue this matter. A motion was made by Supervisor Buchanan to approve Solicitor Bernathy to prepare a draft ordinance for the next Supervisor Meeting. The motion was seconded by Supervisor Fischer and carries with all in favor.

SUBDIVISION REVIEW and ACTION: None

EXECUTIVE SESSION:

None held at the end of the meeting.

ADJOURNMENT: Meeting was adjourned at 8:35 p.m. on a motion by Supervisor Buchanan. Motion seconded by Supervisor Bostinto and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary

Public Notice-Zoning Hearing-August 8, 2017

PUBLIC NOTICE

Notice is hereby given that the Westfall Township Zoning Hearing Board will hold a Public Hearing on an application filed by Westfall Town Center Joint Venture. The applicant is requesting a variance to add additional signage at the bottom of an existing free standing sign at the entrance to the Westfall Town Center Shopping Complex.  The addition to the sign will be 30” in height and 96” in length.

Said hearing is to be held at the Westfall Township Municipal Building located at 102 LaBarr Lane, Westfall Township, Pike County, Pennsylvania at 7:00 pm on Tuesday, August 8, 2017.

Douglas J. Jacobs

Solicitor

Public Notice-Conditional Use Hearing-August 7, 2017

PUBLIC NOTICE

Notice is hereby given that the Westfall Township Board of Supervisors will hold a Public Hearing on an application filed by Peckham Properties Associates, LLC. The applicant is requesting a conditional use to operate an event center on property located at 170 Cummins Hill Road, Westfall Township, PA.  Activities to be conducted on the premises include but are not limited to weddings, group retreats, reunions, picnics and familiar functions.

Said hearing is to be held at the Westfall Township Municipal Building located at 102 LaBarr Lane, Westfall Township, Pike County Pennsylvania at 6:00 pm on Monday, August 7, 2017.

Jodi Hulse

Secretary

Robert Bernathy

Solictior