WestfallTownship,Matamoras,PA

May 1, 2012

 The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, May 1, 2012 at 7:08 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman,Robert Ewbank, Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer,Scott Myer; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Roadmaster, Bill Schneider; Luis Bocaletti, Jay Edwards, Lisa Mickles, Nate Oiler of R.K.R. Hess, Jonah Mandelbaum, Lara Dodsworth, Ann Marie Catalano, Lee Cokelette, Matt Osterberg, Judee and Jeff Doughman, and approximately 22 members of the general public.

Prior to the start of the meeting a 6:30 PM presentation was given by Peter Wulfhorst on Marcellus Shale and its impacts. The meeting was opened with the Pledge of Allegiance.

AGENDA: The agenda was amended to add # 11) the hiring of a third person part-time for the highway department and # 12) Compensation forLisa Green for clean up day. Supervisor Banach moved to approve the agenda. Motion is seconded by Supervisor Flansburg and carries with all in favor. 

Public Comment: Anne Marie Catalano of Milford Landing asked if there is any progress with the widening of 209 with PennDOT regarding the storm water run off especially around Milford Landing, because she had received a letter from their engineer about a year ago thatMilford landing could not take on anymore storm water especially from 209. Chairman Ewbank said the only thing we know about it is the plans they have and that it’s supposed to start in 2013 to be a four-lane roadway from the school to Price Chopper. Mrs. Catalano said she just wants to bring to the board’s attention that they really need to pay attention to the storm water runoff and what PennDOT is going to do, and what it’s going to do toMilford landing because this is a very low area by the school. Stating Mr. Miller’s property is raised above Milford Landing. Solicitor Bernathy said Mrs. Catalano has to understand that this is a state project and the Township has very limited regulated authority. However, we are cognizant of it. 

Judy Doughman commended the town along with the Police Department for taking care of the tunnel. She hasn’t noticed any other illicit activity. She apologizes for missing the last meeting and questions if there was any information gathered on the camera system or long-term solution for the tunnel. Supervisor Melvin said they were looking to get bids. Chief Stewart said he did not get the bids yet, however they did indicate it will be expensive.

Supervisor Flansburg requested donations for the military as he will be going to the Pennsylvania State Association of Township Supervisors Convention this weekend. He asked if the residents would find in their heart to donate he would appreciate it.

MINUTES: The Minutes of the April 3, 2012 regular meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Melvin and carries with all in favor.

Minutes of April 26, 2012: Tabled

Minutes of June 7, 2011 meeting were approved to add the name of Shawn Bolles to the list of people in attendance at the meeting; he was not named in the original minutes. Motion is made by Supervisor Banach. Motion is seconded by Vice-Chairman Fischer. Supervisors Flansburg and Melvin abstain. Motion carries with three in favor.

TREASURER’s REPORT:Scott Myergave the treasurer’s report for April stating that this time of year is as expected. Supervisor Melvin questioned if there is anything we were overspending at all. Mr. Myer mentioned we are 33% through the budget and that there is nothing noteworthy to report. Supervisor Flansburg moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor. 

POLICE REPORT: Police Chief Stewart gave the report for April stating there were 6,650 miles patrolled for the month and 176 calls for service. Supervisor Banach moved to approve the police report. Motion is seconded by Vice-Chairman Fischer. Motion carried with all in favor. Chairman Ewbank asked the chief about the letter he received from Assistant Chief Eric Stewart regarding police training at the compost facility. Chairman Ewbank said that Asst. Chief Stewart was talking to him about bringing cars up to use them for ballistic testing and such, and his concern was whether or not we would be held liable even though it had been done in the past. Solicitor Bernathy questioned if our insurance carrier was aware of that. Stating the first thing would be to put them on notice. That may resolve the issue, because if we have insurance for it, and it is the police there would be no issues for it because they are using it responsibly. Solicitor Bernathy questioned if the police policy covers that sort of training. Chief Stewart said it does. Solicitor Bernathy asked if the police policy would addWestfallTownshipas an additional insured. Mrs. Green will contact our insurance carrier tomorrow. That will solve the issue. Supervisor Banach asked if the Police Department had caught burglars because there is a rumor going around that they had. Chief Stewart said they did not get them. They did catch some but not the ones on Cummins Hill.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for April  reporting 5 Mutual Aid structure fires, 2 Landing zones, 3 Motor Vehicle Accidents, 1 Smoke Investigation, 4 M/A brushfire, 2 Vehicle fire, 2 Brush fire, 2 Haz Mat, 1 Standby, 1 CO alarm. Total calls for April are 23. Westfall EMS calls 46 toWestfallTownshipfor covering Squad 33:2 covering Squad 19: for total of 52 calls.

Jay Edwards gave the Mill Rift Fire Department report stating they had a brushfire on Cummins Hill road on 4/7, pump training on 4/8, monthly meeting on 4/10, brush fire mutual aid station 26 4/14, brush fire mutual aid Milford 4/14, ran pump military tanker 4/17, drive for training 4/18, high angle rescue drill Hawks nest to Mill Rift 4/29. Mr. Edward said there is a total of 80 man-hours and 53.5 equipment hours for the month

Supervisor Melvin questioned if there was any progress on the hepatitis C testing for any new members. Mr. Bocaletti answered they have had progress. There have been two new members for Westfall Township Fire Department. Solicitor Bernathy asked if they were up to date on suspensions and if there were affidavits on a yearly basis on license suspensions, questioning where we are on that. Mr. Bocaletti said they are trying to do a yearly information packet. Mr. Bocaletti said they’re on the self reporting basis right now. They do history checks on new members. Discussion followed. Solicitor Bernathy suggested that they sign an affidavit on a year to year basis from the time the history check is done and that will be done from now on for both departments in the Township. Motion to approve the reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Flansburg and carried with all favor.

HIGHWAY REPORT: Bill Schneider gave the report for April stating that they worked on the compost facility, cleared roads and intersections, worked with Nelson tree service, set up for primary day, set up for the dumpsters for cleanup day on April 28. Set up for the planning board meeting. Started work on Decker Lane and worked on Glasshouse Hill project. Worked with the Delaware River Joint Toll Bridge Commission to sweep the roads. Worked on Bell manner on some shouldering. Supervisor Melvin moved to approve the highway report. Motion is seconded by Supervisor Banach and carries with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for April reporting 10 building permits, one electrical, one sign and five zoning permits, with fees of $18,219.50. Motion by Supervisor Flansburg to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated as is common knowledge the township is past our two year anniversary of the Federal Bankruptcy Courts signing the order confirming the Townships Bankruptcy Plan as well as the Act 47 Recovery Plan which amounts to final disposition of the bankruptcy plan. The Township is operating within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services. Solicitor Bernathy says he still awaits word to see if we could remove this from the agenda as a required item. He believes that Chairman Ewbank spoke to Matt Domines from the DCED. Mr. Myer said it should be out of Act 47 by July. Supervisor Banach moved to approve report. Motion is seconded by Vice-Chairman Fischer and carries with all in favor

Compost Facility: Chairman Ewbank said the compost facility will be closed through Wednesday, as there are still dumpsters there that need to be removed. There was talk about the facility being closed Monday, Tuesday and Wednesday and open Thursday, Friday, Saturday from 9 to 5 and having someone monitored the gate. Chairman Ewbank asked if we still want to do that. Supervisor Flansburg asked what information he found out about the gate. Chairman Ewbank said he met with a gentleman about the gate today he was supposed to send a quote but it hasn’t been received. The gate is around $3500 and we have to run the electric. He suggested we don’t have the facility open 24 hours a day because there’s a liability issue because it’s not lighted. Solicitor Bernathy said that is a carrier issue. His suggestion was to leave the existing gate there and lock it for the evening, while leaving the armed gate up. Supervisor Banach said that we did advertised having the facility closed so we will have somebody out there for the three days. Further discussion was held about the gate. Mr. Myer said that there was $300 collected this year and none last year for fees. A Highway employee will man the gate for the three days that it is open this week and next.

Fire Loss Ordinance: Solicitor Bernathy said there is a notice that he has prepared in front of the board that needs to be advertised for public hearing at their next meeting. Supervisor Flansburg moved to advertise the notice for public hearing of the fire loss ordinance for June 5 at 7 PM. Motion is seconded by Supervisor Melvin and carries with all in favor. Supervisor Banach asked Solicitor Bernathy to clarify the ordinance. Solicitor Bernathy said this is so that we have sufficient funds to clean up after a fire in the event of problems.

NEW BUSINESS:

Joe Popowycz/Team Depot-Tunnel Painting: Chairman Ewbank Joe Popowycz will be painting the tunnel with his team. They will supply the paint, the manpower and everything to paint the tunnel. However they supplied us with their certificate of insurance not naming us an additional insured. We did tell him that we need to be named. Mr. Popowycz was going to come tonight but his son is receiving an award. The date scheduled to paint is June 14, 2012 with a rain date of June 21, 2012. Mrs. Green will follow up with the insurance.

Pike County Training Center Dedication Ceremony / Sunday, June 3, 2012: Chairman Ewbank said the Pike County Training Facility is going to have a dedication ceremony at 1 PM to 4 PM we need to RSVP by May 15th.

Commissioners Request Assistance of all Fire Police for Sunday, June 3 from 11 to 4 For Training Ctr.: Chairman Ewbank said the Commissioners are requesting all Fire Police be available for the training center. Jay Edwards said this is the same day as the Fire Police annual picnic. Solicitor Bernathy said the Commissioners want some advises that the Fire Police will be there. Luis Bocaletti said they’re Fire Police will be there. Ken Zielazny said their Fire Police will be there as well. Mr. Bocaletti is requesting permission to be out of town that day. Supervisor Banach moved to grant permission to the Westfall Fire Department and Mill Rift Fire Department to be out of town June 3, 2012 to the training center inLords Valley,PA. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Lease Agreement/ Westfall Township and Faith Family Fellowship: Solicitor Bernathy said we have a lease that he has prepared and approval is needed to forward that to Faith Family Fellowship. Supervisor Banach moved to approve the lease with Faith Family Fellowship motion is seconded by Supervisor Melvin and carries with all in favor. Lee Cokelette questioned if it is all right if they use the building another night of the week aside from Sunday morning for Bible study. Solicitor Bernathy said our understanding is for any type of religious services and that is one of the religious services you provide. Supervisor Flansburg said he believes he is asking to use on Wednesday or Thursday evening. Solicitor Bernathy said he understands that what he is saying is that the lease provides for that. It is on a per day basis and if we get a full-time tenant Faith Family Fellowship has the right of first refusal. The rent is $20 per day on an as needed basis. The secretary said we did receive the insurance certificate.

Request by Keith Raser, Director of Transportation to attend Township meeting on July 3, 2012: Chairman Ewbank said Keith Raser would like to come to the meeting on July 3, 2012. The secretary will let him know he is welcome to attend.

Draft Road Use Agreement: Chairman Ewbank asked if these were from Joe Hudak. Mrs. Green said one is from the County and the other two were received from Joe Hudak. Supervisor Banach said the one he received from Joe Hudak is more useful with the exception of number eight which should be changed from upon completion to during and upon completion. Discussion followed. They will be tabled for now.

Termination of Waste Management Contract: Chairman Ewbank said we had the contract with Waste Management with the charge of $61.60 per month. Mrs. Green said they used to charge that they are now charging $87. We have a quote from Marangi for a price of $45 for the same service. Supervisor Banach asked for contract term. Mrs. Green didn’t get a contract term yet. Solicitor Bernathy said you have a copy of the contract that was signed on August 10, 2009 he wants to be careful that were not subject to liquidated damages. Any motion that we make will be subject to contractual provisions of the service agreement. Mrs. Green said the rates increased. Solicitor Bernathy said pursuant to the contract they need to give us written notification of the rate increase, questioning if they had done that. Mrs. Green said they did not. Solicitor Bernathy said them we may not be responsible for liquidated damages. Mrs. green said when she called them they told her she could terminate the contract as long as she gave them 90 days written notice. Chairman Ewbank said they are not terminating the contract they are just not renewing. Solicitor Bernathy said the motion would be to direct Mrs. Green to send them notice Supervisor Flansburg moved to send that notice. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Mrs. Green said she will obtain phone quotes for other waste haulers.

Resolution 2012-2 List of Records to be Disposed of: Chairman Ewbank read the resolution 2012-2 and the list of records to be disposed of which is attached to these minutes. Chairman Ewbank said that he received an e-mail from Cintas saying they could come to dispose of the records on May 16, 2012 and asked the secretary if that would work for her. Mrs. Green agreed to the date. Supervisor Flansburg moved to approve the resolution. Motion is seconded by Vice-Chairman Fischer and carries with all in favor

Westfall Senior Apartment Project: Representatives: Nate Oiler, R.K.R. Hess, Associates, Jonah Mandelbaum, Warwick Properties, Lara Dodsworth

Solicitor Bernathy commented that we would agree as we did at the past meeting that this is informal and you are not to rely on any representations made by the supervisors, understanding that this is going to be pending before the supervisors for purposes of land development and conditional use. Mr. Oiler agreed and said that this is the Westfall Senior Apartment Project which is proposing a 94 unit affordable housing project. This is at the end ofHulst Driveand was the proposed Phase 2 Paddlers Point Project. It consists of 94 single bedroom units. Mr. Oiler introduced Jonah Mandelbaum from Warwick Properties, the Developer. Mr. Mandelbaum said this rendering is the exact same building as the one in New Windsor. Everything is incorporated inside the building. The rents will be running from $369-$739. Income starts from $13,800-$27,600 Supervisor Flansburg said being it is a senior complex do you have problems with the second and third floors. Mr. Mandelbaum said the floors all have ADA Compliant Elevators. Supervisor Flansburg asked Mr. Mandelbaum how old the building was in the picture, stating it looks like he does very good maintenance. Mr. Mandelbaum said Jeff could attest to that he used to work for him. Mr. Mandelbaum said they had their own maintenance team that works on the building. Mr. Gregory said his mother lived at Water’s Edge and the buildings were very well maintained. Mrs. Catalano asked if they are going to have handicap apartments. Mr. Mandelbaum said they are all inADAcompliant. Supervisor Banach asked how a resident gets on the list. Mr. Mandelbaum said three months before the C/O they start putting people on a list, sometimes with the Township Clerk. Solicitor Bernathy said he prefers that it be kept private with Mr. Mandelbaum’s office rather than with the Township. Supervisor Banach asked where we go from here. Solicitor Bernathy said we’ve gone through a lot of the details at our past meeting commenting that Mike Rendleman wasn’t available at that meeting. Solicitor Bernathy said they’re going to need land development approval. He further stated that we’ve been comparing and contrasting Age Restricted Housing and theIndependentLivingRetirementCenter’s we provide for and this will have a lot less impact. Solicitor Bernathy said he does not feel this is a use we specifically provide for within our ordinance and therefore he believes they should apply for conditional use approval based upon the size of the site. Mr. Rendleman said his concern was not about the parking however under townhouses and apartments in the zoning ordinance the zoning law is eight units for any building. Solicitor Bernathy stated that one of those tenants needs to be age 55 or older. Mr. Rendleman stated again the regulation of eight units for any apartment building further adding that the independent living retirement center we already have does not meet our ordinance however it was constructed under the former ordinance. Mr. Mandelbaum said the height of the building will be less than 35 feet. The first three floors are occupied. The building will be sprinkled. Supervisor Banach questioned where they go next. Solicitor Bernathy said they submit their land development application, and their conditional use application, they paid their fees and they’re on their way in front of the Planning Commission.

Meet with BIU to Set Fee Schedule: Chairman Ewbank said they need to meet with BIU in executive session to go over their fee schedule. Solicitor Bernathy questioned if this should be in public. Chairman Ewbank said they just wanted to have a workshop with them. Solicitor Bernathy said they could have an executive session and announce that their next meeting.

Chairman Ewbank said at their last meeting last Thursday night they decided to terminate the building inspector for cost conserving measures and in turn hired BIU to replace him. Solicitor Bernathy stated they are a third party company. It will be a total turn key operation and the contract is being reviewed by the solicitor.

Hiring of Part-Time Highway Employee: Discussion was held regarding the hiring of a part-time Highway employee and the funds available for that. There are funds available that are being saved from the building inspector’s salary. Mr. Myer said we are ahead in the Road Department budget. Supervisor Banach moved to hire Richard Mai at will, part time, as needed for the Hwy., Department at a rate of $15 per hour as he is a CDL driver. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Compensation of Cleanup Day for Lisa Green: Chairman Ewbank said that we just had cleanup day andLisa Green was here for six hours collecting money. Since this is out of her job scope we need a motion to pay her. Supervisor Flansburg moved to pay Mrs. Green. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Mr. Myer questioned if this was at her normal rate of pay. It is.

SUBDIVISION REVIEW AND ACTION:

Delaware Valley School District Gym Addition: Representatives: Rock Stahovic-Greenman-Pederson, Inc.

                                                                                                            Chris Lordi-DVSD

Rock Stahovic introduced himself to the board stating the project is a joint project. The first is to demolish the existing elementary school main campus. They will then build a brand-new school in MilfordTownship. On the high school campus where the existing elementary school is they will be adding a gym that’s going to be attached to the Natatorium side of the school. That’s going to run between the PE building which is right in back of the elementary school. Also as part of this project they’re adding bleachers to the visitor side of the football fields, the concession Fieldhouse to the visitor side and brand-new dugouts for the baseball fields. The parking is going to be reorientated. There is going to be the same amount of parking it’s just going to be reconfigured. Another athletic field is going to be added. Mr. Stahovic stated they were in front of the planning commission last week and they received the review comments from the Alternate Engineer. The planning commission made the recommendation to forward the application to the supervisors. There are two conditions were to address Pike County Office of Community Planning comments, which they have not received as of today and also the NPDES permit which is in the review process right now.   Solicitor Bernathy said there are also two waivers. Mr. Stahovic said the first waiver is for the sidewalk. They are requesting a waiver from section 608.5 of the Subdivision and Land Development Ordinance. Mr. Stahovic stated this property has been previously developed and there are no sidewalks along any portion of the frontage of this property or even any property in the vicinity of the DelawareValleyschool district property. There is concern for the safety of any pedestrians polluting the students of DelawareValleythat by adding a sidewalk along the frontage you’re inviting pedestrians to the SR 6 and 209 is a very busy throughout even during the hours when school is starting and letting out. DelawareValleySchool Districtdoes not want to entice students use the sidewalk along this portion of the SR 6 and 209 and jeopardize her safety and well-being. The second waiver is concerning the bleachers. Mr. Stahovic states the bleachers require federally mandated ADAaccessible ramp to access handicap seating. This ramp will be located approximately12 feet into the side setback adjacent to the Walmart property. The land for these bleachers was originally purchased from Walmart for the purpose of installing bleachers. Section 803.B.2. Projections Into Required Yards state steps stoops fire escapes, handicap ramps and landings necessary to provide entrance to buildings may be located within a required setback. At the April 24WestfallTownship planning commission meeting it was the unanimous opinion of the commission that the bleacher should be left in the location currently indicated and that the ramp should not be considered a violation of the zoning ordinance. We respectfully request your concurrence. Supervisor Banach said they would agree to the bleachers but not the sidewalks. Supervisor Melvin agreed stating they would like to encourage the use of sidewalks in the Route 209 corridor. Further stating it is a free-for-all on Friday nights. Chairman Ewbank asked if we had agreements with some of the businesses to install sidewalks once the widening of 209 was complete. Mrs. Green stated she believed there was with Advanced Auto Parts and Taco Bell. Chris Lordi from theDelawareValley school District stated that he believed the sidewalks within the Walmart and the Taco Bell and the other stores are not on Route 6 and 209. Vice-chairman Fischer said he believed they were all in agreement with the sidewalks. Discussion was also held that the widening of Route 6 and 209 which is stopping at the school district’s property line. Supervisor Banach stated that he and Mrs. Banach wrote a letter to the school to have a guard rail put out the kids were running out onto the highway to get soccer balls. And now this offense up also. Chris Lordi said he believes if they have to put the sidewalk in it will be a sidewalk to nowhere. Supervisor Banach said we’ve been working on this for several years to get sidewalks along Route 6 and 209 and eventually all the businesses will have them. Solicitor Bernathy said we have review comments from the Pike County Conservation District stating the NPDES permit is incomplete and we cannot give approval and till we receive that approval. Solicitor Bernathy said we are not in a deemed approval scenario and he is asking the school district for a 90 day extension. That will be done. Solicitor Bernathy said that they have setbacks in the planning commission unanimously approved the waiver for the bleacher setbacks. You have your engineer review comments you await the comments from thePikeCounty planning commission, it is not right for disposition. With that said this will be an item that will be carried on the supervisors agenda and we for the County review.

ADJOURNMENT: Meeting was adjourned at 8:20 pm on a motion by Vice-Chairman Fischer. Motion seconded by Supervisor Banach and carried with all in favor. 

Respectfully Submitted,

Lisa A. Green

Secretary

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Westfall Township, Matamoras, PA

April 26, 2012

The Westfall Township Board of Supervisors held a Special meeting on Thursday, April 26, 2012 at 7 PM.   The meeting was held at theTownshipBuildingonDelaware DriveandLa Barr Lane,WestfallTownship.

Those present were Chairman,Robert Ewbank; Vice-Chairman,Paul Fischer; Supervisors Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor Robert Bernathy; and Secretary,Lisa Green. Also present were Bill Schneider, Debra Banach, and John Dalton.

Chairman Ewbank announced that an executive session was held for personnel on April 9, 2012 at 2 PM and prior to tonight’s meeting at 6:30 PM.

AGENDA:  Motion to approve the agenda was made by Supervisor Banach. Motion is seconded by Supervisor Flansburg and carried with all in favor.

PUBLIC COMMENT: None

OLD BUSINESS:

Compost Facility: Supervisor Banach mentioned that one of the township residents suggested having a gate installed. However until such time as we do that Supervisor Banach thought we should have the Matamoras residents contact the Matamoras office to obtain the gate code and have the Westfall residents contact the Westfall office for the gate code this way we would share the burden and could compare notes at the end of the month. Chairman Ewbank stated that one Township resident did suggest getting an armed gate with the gate card and he has contacted someone who gave him a price of approximately $3,500. That would come with a Keypad with a number. It would open when you went in and close behind you. You would also be able to track the usage by the cards. Chairman Ewbank explained the situation that happened with American Tree Service of Port Jervis driving in the back to dump. The supervisors expressed the need to do something quickly. Supervisor Flansburg questioned if the $3500 included electricity. Chairman Ewbank did not know stating the gentleman was going to come up and speak to him. Further discussion followed regarding the gate and the card readers. This cost will be split with the Borough of Matamoras. A motion was made by Supervisor Banach to proceed forward with looking into the gate for the compost facility. Motion is seconded by Supervisor Melvin and carries with all in favor.

NEW BUSINESS:

BIU Presentation: Carl Fregoni, representing BIU “Building Inspection Underwriters” introduced himself to the board stating he is the Regional Manager forNortheast PA. Mr. Fregoni said they been in business 55 years. Out of 2600 Township’s they are in operation in 600. They perform all commercial plan reviews in house. All commercial drawings are typically reviewed within two weeks. Residential plan reviews are typically done in the Township. Mrs. Green stated they have completed eight plan reviews for the Township since April 10, 2012. Mr. Fregoni stated there is an error on page 7 of the contract where it refers to the zoning officer; that should be the inspector or secretary. Certificates of Occupancy must be generated by BIU because they must be. The law says they must be issued within five days. Everything else is mentioned in the Contract. They don’t do Milford Borough,MilfordTownship, Lackawaxen or Shohola. There are two townships inPikeCounty have chosen to use their own building schedule. So the prices in this contract are consistent with the prices around town. The prices in Westfall are considerably different. So if you choose to use our services we can do it either way you can charge used your fee schedule all and we will bill you are fee schedule all that it is up to the governing body. We will bill at our fee schedule. Mr. Fregoni said he did not know what else to say we’ve tried to come in and the in the interim and help you out which we have done. Supervisor Flansburg questioned if BIU made a mistake what the Township’s liability was. Mr. Fregoni said there is no liability. The Township is held harmless, that is in the contract.   If there is the problem he will give us the number for his attorney. Mr. Fregoni said these would be criminal complaints and they would be providing an attorney or paying for an attorney up to reasonable amount to the district magistrate. Once it goes up to the DA the Township Solicitor would have to take over. Solicitor Bernathy questioned if BIU is filing criminal complaint with the district magistrate stating that’s not criminal in nature. Mr. Fregoni stated it is a summary offense, Solicitor Bernathy said that is not a criminal complaint subject to 90 days in jail. Mr. Fregoni stated that the board of the uniform construction code would fine up to $1000 per day and each day would be a separate offense. There is no incarceration. If the magistrate fined them it could be appealed to the DA. Solicitor Bernathy asked what Title that is. Mr. Fregoni said it is Title 35: Violation 72.10 903. Solicitor Bernathy said the Township will be either be provided an attorney or compensated by BIU for the township attorney for the building part of the case. Discussion followed concerning the attorneys covering the criminal cases. Mr. Fregoni said they don’t just go out and issue citations. Solicitor Bernathy asked if they issue a violation notice and give them 30 days to abate the violation might be. Mr. Fregoni said sometimes they give them 30 days sometimes they give them 90 days; it depends on what the violation is. Solicitor Bernathy questioned if this covers commercial and residential. Mr. Fregoni said yes it covers everything solicitor Bernathy asked to compare contrast costs for what it is that the Township has now and what it is that BIU is offering Mr. Fregoni said the secretary has cost comparative sheets for what BIU is offering. BIU’s has their fees in the right column and Westfall has their fees in the left other column. Mr. Fregoni they said most Township fees are higher than theirs. Most Townships’ charge an administration fee of 20%, inWestfallTownship there was a commercial job they just reviewed that generated $8500 in fees and their fee was $3500. If you choose us and use your fee schedule we will charge you our fee schedule and bill you based on our fee schedule. Of course we will pay rent. It all depends on how you wanted to. Solicitor Bernathy asked who we have as the face of BIU. Mr. Fregoni said the gentleman that does the residential inspections is on his way toOcean CityMaryland on a golf trip. Paul Bunnell who is here tonight does the commercial reviews and inspections and also some residential inspections. Mr. Bunnell has been with the company for three and half years. Mr. Mistysyn has been with the company for six years, and Mr. Fregoni has been with the company for 18 years. BIU is currently engaged in every municipality in the County besides Milford Borough,MilfordTownship, Lackawaxen, Shohola and Westfall. Chairman Ewbank asked if he were to build the house and called in for an inspection how long would it take for that inspection to be done. Mr. Fregoni he said the inspection would be done between 24 to 48 hours after it’s called in. Discussion was held on the way the inspections were handled. No work is farmed out and re-inspection fees are not charged. Supervisor Melvin asked if BIU makes the recommendation what the homeowner what the contractor needs to do when an inspection fails Mr. Fregoni said they are not allowed to do that. They cannot tell them what to do they can point them in the direction of how to do it to meet code.

Mr. Fregoni said for the record there is something circulating that he would like to get cleared up. They were separated with BIU of New Jersey in 1999. What happened is Cherry Hill NewJerseya municipal official thought that maybe one to make a little extra money and he was called for income tax sedation. They put a wire on him and he asked the president of BIU New Jersey for $5000 to stay inCherry Hillthe president gave him $5000 and he was arrested. That has nothing to do with BIU of Pennsylvania. They have no affiliation with BIU of New Jersey and have not had any affiliation with since 1999.

Supervisor Banach thanked Mr. Fregoni for stepping up in our hour of need. He said he’s met Mick and he has received phone calls from people who were ecstatic with the work performed by BIU. The secretary has been pleased in working with them and bond that has been formed has been very nice. You had one commercial job that was waiting for weeks to go out. There was a nondesign nonstructural issue that you are able to make a comment on the job when out the door 5 min. and they were very proud of that. Supervisor Flansburg said he was here that morning and you came in made something out of the nothing he was looking at and made us look good and you should be commended for that. Mr. Fregoni said that Mike Rendleman are zoning officer already works for BIU and he doesn’t have a problem with my continuing as are zoning officer as long as he is working nights and weekends. But he couldn’t do building inspections inWestfallTownship. Solicitor Bernathy said he would need to think about this Mr. Fregoni said Mr. Rendleman was our zoning officer before BIU may be coming on board. He would not want to take that away from them. Supervisor Flansburg said there are a few contractors in town that would like to have a private number to call for the building inspector. Would it be possible for the contractor to have private numbers? Mrs. Green said she was told not to give out cell phone numbers. Mr. Fregoni said they would have the toll-free number for the office and they can get messages up to twice a day. They don’t make a habit of giving out cell phone numbers. However many of the contractors already have the building inspectors phone numbers. Mr. Fregoni stated we’re not a strange company that’s coming in to town. Discussion followed about the inspections and who will be doing them and that they will be happening during business hours. Mr. Fregoni further stated it’s not that he doesn’t want to be straightforward but he doesn’t want to be giving out all the inspectors’ cell phone numbers.

Albert Van Etten questioned Mr. Fregoni on what days during the week inspector will be available at the Township office. Supervisor Flansburg introduced Mr. Van Etten as one of our contractors. Mr. Fregoni said they will be here two days during the week approximately 2 hours per day. Mr. Van Etten asked if it will be one inspector for plumbing, one inspector for electric, and one inspector for building. Mr. Fregoni said it will be one inspector for all phases of building. Mr. Van Etten asked if they called the 800 number will they get an answering machine. Mr. Fregoni said there are four secretaries in the office who take messages for the building inspectors. They get their messages in the morning and at 12 o’clock in the afternoon. Mr. Van Etten questioned if they had their own application and ifWestfallTownshipwill be using it or the current building application. Discussion Followed. Mr. Fregoni said he would prefer to use BIU’s forms because they include electrical mechanical and plumbing whereas theWestfallTownshipform does not. Mr. Van Etten agreed. The Supervisors stated it would be total turn key, we may useWestfallTownship’s fees for now; but we would use BIU’s permits. Mr. Fregoni said the contract withDingmanTownshipstated that BIU would never charge more than what the Township fees are and it should be in our contract, right now it is not. Supervisor Banach has concerns over the commercial rates explaining what the movie theater had to pay for its building fee and then what Jakes and Yo Cups had to pay on top of that just for tenant fit outs. Peter the manager ofWestfallTownCentergave Supervisor Banach an earful about our commercial fee schedule. Supervisor Banach feels once you own the property and are doing a renovation the building on the building that was already there you’ve already collected money the first time our current rates would be pretty exorbitant. Mr. Fregoni saidDelawareTownshipcovers their own fees,DingmanTownshipused their fee schedule the first year and the second year they adopted BIU’s commercial fee schedule. Mr. Fregoni says BIU will do it anyway we want. He just feels the clause should be in there stating BIU’s fee will never be more than the Township fee. Solicitor Bernathy said if they consider this it should be based on Solicitor Bernathy’s review of the contract and our ability to negotiate any changes that we might like to make. Mr. Fregoni said 90% of the municipalities put in a 20% administration fee which covers rent, lights, and administrative duties. Mr. Fregoni stated there is a municipality that took a 50% fee and it was challenged. Solicitor Bernathy questioned what plan reviews there working on for the Township at this time. Mr. Fregoni said they are current with the plan reviews in the Township that this time they’ve completed each plan reviews and have just completed the plan review for Monroe LBL LLC in approximate 5 days. Mr. Fregoni said commercial plants no longer have to be sent to L & I saving significant time.  They have three residential plan reviews that came in yesterday. Solicitor Bernathy stated as far as references are concerned his firm representsDingman Township,DelawareTownship, and Lehman that BIU is providing services to. Mr. Van Etten and questioned who is providing inspection services as of today? The supervisors answered BIU.

Supervisor Melvin moved to eliminate the towns building inspector position as cost cutting measure effective immediately. Motion is seconded by Supervisor Flansburg and carries with all in favor. Solicitor Bernathy asked if that was unanimous. Chairman Ewbank said it is unanimous.

Supervisor Melvin asked to make an additional motion to hire BIU as a third-party inspector for theTownshipofWestfallsubject to our attorneys review of the contract and the fee schedule; with the specific provision that our current code enforcement officer Mike Rendleman does not do any code inspections for BIU within theTownshipofWestfall. Motion is seconded by Supervisor Flansburg. Motion carries with all in favor.

Westfall Senior Apartment Project: Representatives: Nate Oiler R.K.R. Hess Assoc.  Jonah Mandelbaum   Warwick Properties Inc.,  Lara Dodsworth, Esquire.

Nate Oiler Stated they talked about the affordable senior housing project at the last meeting. Solicitor Bernathy stated as he had indicated that the previous meeting the supervisors are not bound by any representations nor should the representatives rely on them for purposes of any review and they should understand that. Mr. Oiler said it is understood. They presented a typical floor plan. Mr. Mandelbaum said he had asked the residents what they thought they should do in a new building because they live there and they encompassed a few of their ideas. Everything is going to be indoors. All the floors are identical, all apartments are identical, the tenants will all have the same apartment. It does not matter how much money they make. Mr. Mandelbaum said as long as they get zoning in place, go to the planning board, go through the process, get approvals and get funding from the state. Then they will get the building permit and pay the fees and move on to build the building. Solicitor Bernathy asked how big the parcel was parcel is. It is 5 acres. Mr. Oiler said there are some zoning issues and they are asking for some direction because it is not a use that is addressed in the zoning ordinance it could be considered a conditional use. Solicitor Bernathy questioned what in their opinion distinguishes this from what the zoning ordinance currently provides for which is age restricted housing. Mr. Oiler said the size of the apartment and the size of the unit which impacts sewer and water, and that significantly lessens the impact of the property Mr. Mandelbaum said this would be a total affordable apartment stating it would only be one bedroom all the units would be identical it would significantly lessen the impact. It would only be half a parking space per unit because not everyone has a car. They would also have to be 55 years old without children. There would be an on-site live-in manager. Solicitor Bernathy asked what the impervious coverage was. Mr. Oiler answered less than 50%. Building coverage to be less than some of the other categories. Discussion was held about the current properties that Mr. Mandelbaum owns with regard to their community parking. Solicitor Bernathy asked if the buildings would have sprinklers. Mr. Mandelbaum answered that they will. The sleeping quarters will have sprinklers. Solicitor Bernathy asked if the fire chief had any issues. The chief asked for fire hydrants. He does not have any issues as long as the building is sprinklered and they have hydrants. Solicitor Bernathy asked about security. Mr. Mandelbaum said the parking lot is always lighted. The whole perimeter of the building has cameras. They are on 24 hours a day seven days a week. The front door is open at 6 AM and locks at 8 PM magnetically you need it key to get in after that. Mr. Mandelbaum said they’ve never had an issue with security. The super is there for all issues. Supervisor Melvin questioned what emergency services would be given. Mr. Mandelbaum said emergency services would have a Knox box they would buy the box and install it and the emergency services would have the key and the master key would open every door in the building. Chief Koferl questioned if each apartment would be tied into the alarm system. Mr. Mandelbaum answered only the common areas. The mailroom was discussed. Garbage was discussed. Solicitor Bernathy asked if there were any impact on any adjacent properties. Mr. Mandelbaum answered there’ve been no complaints regarding noise. Solicitor Bernathy questioned if there are deed restrictions regarding the age. Mr. Mandelbaum answered there could be a deed restriction. Discussion was held on the age requirements. Head of household must be 55 years old. There could be two occupants in the apartment, with no live-in children. Solicitor Bernathy questioned what if they are disabled. Mr. Mandelbaum answered it would be up to the state. The Pennsylvania Housing Finance Agency Regulates that. Supervisor Flansburg questioned what is it you need from me today. Solicitor Bernathy answered that’s why he is asking this of them today because this does not fit in our ordinance. They are giving us a breakdown of comparing and contrasting what it is they are in proposing compared to what we have in our ordinance. Supervisor Flansburg said is it us that’s determining what it is they can have and we will be deciding if they can do their project. Solicitor Bernathy answered he is waiting for a decision from the state on this. This is either going to be a use that’s not provided for and if it doesn’t fit they will need to come before the Board of Supervisors and get a conditional use approval through a public hearing; or it is provided for as Age Restricted Housing and they require a lot more acreage and they would have to challenge the validity of the ordinance by a change. Solicitor Bernathy said because this is something we haven’t addressed as Affordable Senior Housing in our ordinance it is a conditional use and the board can set any conditions on the project based on health, safety and welfare upon the project. Otherwise it would be Age Restricted Housing and you’re going to have to challenge our ordinance or come in with an amendment to our ordinance. Mr. Oiler said they would be comfortable with the conditional use application. Supervisor Fischer said they already have Heritage Point solicitor Bernathy questioned if we’re ready have records on heritage point. Mrs. Green will have records on Heritage Point to the Solicitor tomorrow. Discussion was held about Heritage Point. Supervisor Banach said Attorney John Stieh prepared an amendment to the zoning ordinance for Heritage Point. Solicitor Bernathy stated that our zoning ordinance was adopted in 2005. Further stating that this project is so much less impactful. Mr. Mandelbaum invited this any of the supervisors to see the building. The board asked for pictures of the building either by e-mail or to bring them with him to the meeting. Solicitor Bernathy asked Mr. Oiler to talk to him about State and County’s soil and erosion and storm water. Mr. Oiler said they reserved a large area for storm water and sanitation. They’ll have to meet’s all the new NPDES regulations. Mr. Mandelbaum was advised that the areas in the floodplain. He was aware of that. He’s had other projects that were in the floodplain and built the area up. His project never flooded. He said he guarantees he will raise it’s far above where the water will ever be. Egress lighting was discussed. They will be at the meeting on May 1, 2012. 

Act 167 Discussion: Supervisor Flansburg said it’s been called to his attention that the 2012 Hazard Mitigation   has some back door things in it that would allow them to institute things into our ordinances that we were not aware of, and if you read this paper they called into question Act 167. Supervisor Flansburg has been reading through the hazard mitigation plan which is 280 pages and said he’s been highlighting the things he doesn’t like and it does look like if we don’t implement things within two years they’re going to come in and do them without us. Supervisor Flansburg said he wants the board to be aware of that because he thinks we signed it without reading the whole thing.MilfordTownship rejected it wholeheartedly. Supervisor Flansburg has been working withMilfordTownship. Supervisor Melvin questioned ifMilfordTownship adopted it first and then said no. Supervisor Flansburg said no they rejected it from the beginning. Chairman Ewbank said he spoke to Mike Mrozinski today and then he spoke to Susan Beecher’s office and then he got a call from Karl Wagner’s office. Further stating just because we approved the Hazard Mitigation plan does not mean we approved Act 167. Solicitor Bernathy said that was his understanding. Commissioner Wagner is going to send a letter to that effect, which he will also send to Shohola. If we don’t remain in the Hazard Mitigation Plan and we have a major disaster we will not get any funding. Chairman Ewbank said a lot of people have misinterpreted what it has said; the Act 167 plan has been 4 years in the planning. It has been put out in a draft, reviewed by the municipalities and rejected by most of them. It is back on the drawing board again and is not something that’s going to be forced down anyone’s throat. It is probably two or three years down the road. Supervisor Flansburg said his worry is the last paragraph said if we didn’t implement it within two years they would implement things for us and he felt that this would be binding legally. Chairman Ewbank and Solicitor Bernathy both said they did not believe that to be true. Supervisor Flansburg said there are things in the plan that made him question that like the paying and clearing ofMashipacongIsland. Supervisor Banach said we already do that and added that when we get the letter from Commissioner Wagner he would like to see it. Chairman Ewbank said signing the Hazard Mitigation Plan does not approve the Act 167 plan. But if we take ourselves out of the Hazard Mitigation Plan we give up the right to funding if a disaster occurs. Supervisor Melvin said he needs to look back on his notes but there’s some OEM certification that all of the supervisors need. Chairman Ewbank said its NIMS training and they need 100, 700, and it wouldn’t hurt to take 200, and 800. It’s on the FEMA website. Chief Koferl explained where the classes can be found online. Chairman Ewbank said they are supposed to be running a 300 and 400 class inGoshen the summer.

 Tax Collector Salary: Supervisor Banach said this is something we need to take action on because of next year’s election. We are paying an extra $15,750 to the tax collector because of the Katz tax. Supervisor Melvin asked when Katz was done and official. The tax took effect the year 2010. Supervisor Melvin questions if this was discussed during the budget process and suggested looking at what the rate of pay was at that time and adding a 3% increase. Supervisor Melvin then questioned how much time we had to get this done. Chairman Ewbank stated in need to be finished by February of the upcoming year stating it should be done by the end of December. Solicitor Bernathy stated there is a 30 day review period after that. Discussion was held. The supervisors will act on this to reduce the percentage prior to the required timeframe. Supervisor Melvin added that reducing the percentage from 5% to 4% would drop the salary down to approximately $48,000.

 File Cabinet Municipal Office: Mrs. Green said she received a quote from ATD American for $245 but their shipping was $99. So Mrs. Green went on the Quill website and found a cabinet for $249.99 with free shipping. Supervisor Banach moved to purchase the file cabinet at a price of $249.99. Motion is seconded by Supervisor Flansburg and carries with all in favor.

 Digital Recorder: Mrs. Green said Mr. John Dalton suggested that we buy a digital recorder to record the meetings and at the time she was not in favor of that. However, her tape recorder began eating the meeting tape of April 3, 2012. So she had called several board members to get approval for the purchase of the digital recorder. Supervisor Flansburg commented that Mrs. Green even received a good deal on the purchase. Mrs. Green said that Supervisor Melvin was here at the time of the purchase and that she did save $25 on the deal through the coupon that she had with Staples. The cost of the digital recorder $124.99. Supervisor Banach said that Mr. Dotey supplied the Township with Dragon software. Mrs. Green said that he did however it is not compatible with the digital voice recorder and we need the Premier edition which we were able to purchase from Nuance at a cost of $79.99. Staples was selling it for $129.99 so we got a good buy. Supervisor Flansburg asked if the old recorder ate the whole tape of last month’s meeting or if it’s still usable Mrs. Green answered that some parts are still usable it is just the April 3, 2012 minutes. Supervisor Flansburg asked if you can retrieve information off the tape. Solicitor Bernathy asked how the minutes were done. Through the tape and notes. Solicitor Bernathy asked Mrs. Green to preserve whatever she could from the tape. Motion to ratify the purchase of the digital voice recorder made by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.

 Temporary Burning Ban: Supervisors and Fire chief agree that it is not necessary.

 Loitering Ordinance: Supervisor Flansburg said he did not want us to forget that the police had asked us about a loitering ordinance. Supervisor Banach questioned if the chief provide us what he was looking for. Supervisor Melvin said he thinks what he was looking for was something like what Matamoras has. Solicitor Bernathy said he will find some loitering ordinances that the state has and bring them to our next meeting. Discussion was held about the loitering ordinance relating to Milford Landing and being a security force for the box stores.

 Pedestrian Underpass: Supervisor Flansburg said the police have done us a huge favor by stopping there and it seems to have stemmed the problem for now, but we should look into it to see if we can amend the contract or not, because the problem will be coming back.

 Resolution 2012 – 2 / List of records to be disposed of: Tabled to May 1, 2012

 HIGHWAY DEPARTMENT: Bill Schneider stated Nielsen Tree Service is in town taking down old trees, and the bridge commission has a broom in town and will be back tomorrow. Supervisor Banach said to send them a thank you letter.

 SUBDIVISION REVIEW AND ACTION: None

 EXECUTIVE SESSION: Called at 8:50 PM for Banach Litigation.

 Back in session at 9:05 PM.

 ADJOURNMENT: Motion to adjourn made by Supervisor Melvin, seconded by Supervisor Banach and carries with all in favor.

 Respectfully submitted,

 Lisa A. Green, Secretary

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WestfallTownship, Matamoras, PA
March 21, 2012

The Westfall Township Board of Supervisors held a workshop meeting on Wednesday, March 21, 2012 at 7:00 pm at theTownshipBuildingonDelaware DriveandLaBarr Lane,WestfallTownship.

Those present were Chairman,Robert Ewbank; Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg andRobert Melvin; and Secretary,Lisa Green. Also present were Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; Building Inspector,Shawn Bolles; Bill Koferl, Township Engineer, Joe Hudak; Nicholas Dickerson and approximately 7 members of the general public. Solicitor, Robert Bernathy was not present.

AGENDA: The agenda was approved on a motion by Supervisor Flansburg and seconded by Supervisor Melvin. Motion carried with all in favor.

PUBLIC COMMENT: None.

OLD BUSINESS:

Nicholas Dickerson PA DCNR Greenway Plan: Nicholas Dickerson said the County is looking to put in a grant for the Pennsylvania Department of Conservation and Natural Resources. They are trying to put together an action implementation plan for a greenway that would go from the Delaware River Corridor from the Wayne Pike Border all the way to the Milford Boat access. This is a greenway plan that would take all of the open space plans that have just been completed in the County and craft together an implementation plan. Similar things are taking place in Sullivan County and because they are doing the plan on that side of the river a Greenway Corridor is really not complete if it is not done on this side of the river as well. Mr. Dickerson said we are looking to take these plans from all municipalities and craft together a vision that will use those Municipal plans; the County open space plan as well as theCountyRegional plan and various other plans. Mr. Dickerson further stated they are trying to craft a vision to use for our side of theDelaware River and he is asking for the Township’s support. Chairman Ewbank confirmed that it was not financial support. Mr. Dickerson said he is asking for an in kind contribution. It would be a matter of attending these meetings and the time it takes for the meeting to take place. Supervisor Flansburg questioned if it will be detrimental to any of our property owners along the river. Mr. Dickerson said they are not intending for that to take place. Stating it is those concerns they want to use as part of the Greenway planning process. Most of theUpper Delaware is privately owned. The problems that are happening inSullivanCounty are that rafters are using private property to use the restrooms, dump garbage, camp, etc. They want to make proper signage to direct people and this in no way wants to restrict development. Supervisor Banach asked where this start and ends. Mr. Dickerson said it starts from Delaware River at the Pike / Wayne Border as well as the Lackawaxen River at the Pike / Wayne Border it’s about 58 miles at length and all the up to Milford Borough. Supervisor Banach questioned how they would interact with the Park Service who already regulates the River. Mr. Dickerson said they have their letter of support and they are already working with the partners on the other side of the river and they have their management plan in place so it would be a matter of Mr. Dickerson working with them to get recommendations off the ground. DCNR wants to see all municipalities start to implement plans. Supervisor Banach asked if the funding was coming from the government. Mr. Dickerson said the funding was coming from a donation of their services and a match of DCNR funding. Chairman Ewbank said we will act on this at our April 3, 2012 meeting.

Update SALDO Traffic Lights – Maintenance Fees & Design: Supervisor Banach said the SALDO only says we would follow PennDOT’s recommendation and if there is any more development technically we should have it in there already that we want generators, etc. Supervisor Banach said he believes we should change the wording on it now so that everything that goes on the traffic lights including the fire departments opticom system. Chairman Ewbank asked if this has anything to do with the Route 6 & 209 project. Mr. Schneider said not exactly but Supervisor Banach is talking about new development. Supervisor Banach said the township should not be going down to plug in generators on the traffic signals and all the bells and whistles that could be there should be there and the developer should be paying for them because he is the one making the money. Chairman Ewbank asked if Joe Hudak could elaborate. Mr. Hudak said the equipment would have to meet PennDOT’s standards. Supervisor Banach said also the maintenance fees should be looked at as our insurance costs increase. Supervisor Melvin asked about the LED lights. Mr. Hudak said sometimes they are not adaptable. We need to see what PennDOT has to say about that. Mr. Schneider said we had a grant that changed to LED lights some time ago. Discussion was held regarding the snow because the LED lights do not generate heat. Supervisor Banach suggested that the secretary contact PSATS for some sample ordinances. Supervisor Banach also suggested that the maintenance fees for the traffic signals be paid quarterly as opposed to annually.  

Agreements for Pedestrian Underpass: Chairman Ewbank read the letter submitted from Solicitor Bernathy dated March 12, 2012. It is Solicitor Bernathy’s recommendation that the Supervisors consider making specific findings of fact regarding the pedestrian underpasses continued use in relation to that which may negatively impact its use including, but not limited to, the cost to the township for maintaining the underpass and the lighting facilities which is his understanding is nominal. The letter went on to say that should the Supervisors consider permanent closure of the pedestrian underpass, that a public hearing with advance notice to all Township residents be considered for purposes of fielding any information which could be useful in the Supervisors determination of terminating the contract with the Commonwealth. Supervisor Flansburg said he didn’t believe they talked about closing the tunnel permanently only gating it and keeping it open between 6:00 am and 9:00 pm. Chairman Ewbank said there are a lot of options, he believes we need to find out from the State what they will allow us to do or if they will give the tunnel to

us and let us do what we want. Supervisor Melvin said one of the things that came out at the Police Commission meeting last week from the Chief and Assistant Chief is that they have really stepped up their patrol of the tunnel and they have done some investigating and found that there is a geocaching site on the internet which is very popular among teens and young adults and the tunnel is one of those gps geocaching sites. Supervisor Melvin went on to explain that these treasure hunter people who like to do things at night go around and visit these sites and sign a piece of paper that they were there and upload it to the internet. Supervisor Melvin said that nobody has control over the web, nobody can take these geocaching sites off of the web, but the Chief and Assistant Chief found out that some of the traffic at the tunnel coming through is not all crime related. The geocaching site is one of the attractions that are adding to the traffic there. A lot of the traffic at the tunnel is from people that are playing this game and many of the cars are out of state plates. Supervisor Melvin said there are a lot of things that are going on and he likes the idea that it be gated at night and opened in the morning. We have to figure out the costs involved with that. Chairman Ewbank said we need to research with the Commonwealth what we are allowed to do. Vice-Chairman Fischer said he remembers the statement that if there was one person who uses the tunnel we would not be allowed to close it. Supervisor Flansburg said we may be allowed to amend the agreement. The board will have the Solicitor send a letter to PennDOT’s attorney to see if they want to amend or terminate the agreement or what the indemnifications are to us if we do terminate.  

Shredding Services: Chairman Ewbank said that he andLisa Green met with a representative of Cintas today and he gave us a proposal for $225.95 to come out and do a one time clean out of approximately 8 boxes plus all the extra land development plans that we have on site. Or the other proposal was to do an offsite clean out at a cost of $188.95. Chairman Ewbank said he contacted three companies but Cintas was the only one that responded. Another service would be to have a 65 gallon container on site on a regular basis with a twelve week cycle. This cycle could be extended if necessary. Supervisor Flansburg said if he had his choice he would rather have the records destroyed on site as opposed to risking an accident and having our records strewn around.  Supervisor Melvin questioned if there is indemnification or confidentiality. Chairman Ewbank said either way they do it they give us a certificate of destruction. Vice-Chairman Fischer said just forinformationPikeCounty Licensing uses Cintas for their Motor Vehicle records. Further discussion followed. This item will be added to the April 3, 2012 meeting agenda.     

Alternate Attorney: Chairman Ewbank spoke toDoug Jacobs last week who recommended Tony Magnotta for an Alternate to the Zoning Hearing Board. Attorney Magnotta said he would work for $175.00 per hour and Chairman Ewbank said that is the problem we have now that our alternate Anthony Waldron’s rate is $175.00 per hour and we can not pay that. Mr. Magnotta agreed to work for $125.00 per hour. Mr. Jacobs told Chairman Ewbank that in twenty years he has only had one conflict. Supervisor Melvin said that $125.00 is better than $175.00. Supervisor Flansburg questioned if paying Mr. Magnotta $125.00 when Solicitor Bernathy and Attorney Jacobs make $100.00 per hour would create a problem. The rest of the board did not think so because the other attorneys were getting steady business. Chairman Ewbank saidDoug Jacobs, Solicitor Bernathy and Attorney Magnotta’s office were a handful of attorneys that do zoning issues. Supervisor Banach questioned if anyone responded to our ad. Mrs. Green said we did not receive any letters. It was advertised in the Pike County Dispatch and theNews Eagle. This item will be added to the April 3, 2012 meeting agenda.  

Composting Facility: Supervisor Banach said his understanding is we do charge now for commercial businesses and asked how many are paying. Mrs. Green said only four or five. His feeling is we should lock the gate and they need to come in and sign in and out. Chairman Ewbank asked about residents and whether they should come in and sign in as well. Supervisor Melvin asked Mrs. Green what it will do to her. She said it will take a lot of time out of her day. Discussion was held regarding the amount of people that come per day. There are both Matamoras and Westfall residents that it is open to. Bill Schneider said the secretary would get nothing done if she had to operate the gate all day. Supervisor Flansburg suggested adding it to the agenda and thinking about it for two weeks to come up with ideas. Supervisor Melvin asked if there were peak times. Supervisor Banach suggested putting a combination lock on it and having them come in and register. Supervisor Melvin questioned how much we charge per year such as the tree trimming companies. Mrs. Green said $300.00 per year and that was intended for commercial businesses such as the landscaping businesses. The questioned was raised if we made enough money per year to hire someone to sit out there and man the gate. This item will be placed on the April 3, 2012 meeting agenda.

Draft Road Use Maintenance Agreement – related to Shale Gas activities: Mrs. Green said she had given this to the Solicitor and when she spoke to him today he said for the Supervisors to review it and to put it on the April 3, 2012 meeting agenda. She did speak to Supervisors Melvin and Flansburg about this previously. Chairman Ewbank asked Mr. Hudak if he has any input on this. Mr. Hudak said it is largely Mike Mrozinski’s project but he could look into it because he has modified it for Milford Township when they were doing gas line expansion. Chairman Ewbank said that he believed it was basically for use if and when the infrastructure is going to be put in for Marcellus Shale. Mr. Hudak said yes that is true and if they want to look at an agreement that has been used before. The board asked when the deadline is. It was February 29, 2012. Supervisor Melvin said he read the agreement and said he did not know if the $12,000.00 bond was sufficient. Mr. Hudak said you may want to adopt the PennDOT standards or come up with something else coming up with a road inspection before and after. Mr. Hudak will prepare something for the April 3^rd meeting. This item will be added to the April 3, 2012 meeting agenda. Supervisor Banach questioned if this agreement would go to the owners of the companies or the individual construction companies. Because his experience is like Chesapeake Energy bonded the roads for all contractors. Mr. Hudak said that is his understanding that the prime company would bond the roads. Supervisor Banach said if you had four gas companies you would have four bonds. Mr. Hudak said that is correct.  

NEW BUSINESS:

Employee Working Hours: Supervisor Banach said this was spoken about before regarding not having employees working on holidays. Supervisor Melvin said he and Supervisor Flansburg are working on job descriptions and they have a lot of work before them. They need to decide who reports to who. The board all has to get together and they need to decide working hours. Supervisor Melvin questioned Mrs. Green as to whether or not the Employee Handbook Notifications were received. Mrs. Green said all employees received them but she is missing a few receipts. Supervisor Melvin said it is important that they are all received. Supervisor Banach said going forward he feels the board should set some hours and not have the employees working on holidays. Supervisor Banach suggested that Supervisor Flansburg and Melvin meet with the other supervisors two at a time to get this done sooner. This item will be added to the April 3, 2012 meeting agenda.

Computer Protocol: Supervisor Banach said he believes there is no computer protocol and he feels we need to get something in the employee policy manual. The board agreed that something needs to be added regarding computer protocol. Supervisor Flansburg asked if now should be the time to bring up about the Hepatitis C testing. Supervisor Melvin said that the policy manual says Hepatitis C Testing will be done for all employees for the ambulance and fire at the expense of the Township. Supervisor Melvin said if it is in the policy manual we should follow it. It is for all new members when they join. Bill Koferl said it does make a lot of sense because if you test positive when you started you have a baseline. But if you test negative it is assumed you acquired Hepatitis C from your job. Discussion followed. Supervisor Banach questioned how the fire department andEMSlogs their fluids. Mr. Koferl said there is a whole protocol. If there is exposure the secretary receives notification. Supervisor Melvin said he and Supervisor Flansburg saw it in there and they both felt that it needed to be followed. Supervisor Flansburg suggested the fire department get a list of new members. Supervisor Melvin mentioned the fire department compliance officer should keep the records. Further discussion followed.

Pictures for Website: Chairman Ewbank said our webmaster thought it would be a good idea to take a picture of each board member to put on the website. The board agreed and the secretary will ask Mr. Cena to come to the next board meeting. Supervisor Banach said that Mr. Cena should be sent an “at a boy” for a job well done for the website stating we received a high rating from the Pocono Record since Alex came on board to do this for us. The secretary contacted Mr. Cena and he will come May 1^st to do the pictures.

HIGHWAY DEPARTMENT:

Letters to PennDOT 6 & 209 Upgrade /Overall HighwayInformation: Bill Schneider said at the last meeting several things were talked about including the redesign of the 6 & 209 construction improvement project. Mr. Schneider said they are going to be replacing four culvert pipes onReuben Bell Driveand we would like to see that they blacktop that. Also discussed were replacing street name signs along the corridor, converting the red lights wire operation overhead and underground to radio controlled signal. Mr. Schneider said that PennDOT would like to change the old style of loop sensors in the pavement to overhead video cameras for traffic control. Mr. Schneider said they would be drafting a letter to Jacobs Engineering with these issues for PennDOT. Vice-Chairman Fischer said that Ken Thiele had addressed the issue of the left hand turn on 6 & 209 a while ago. Supervisor Flansburg questioned if the letter was being drafted. Discussion followed.

MUNICIPAL AUTHORITY:

Plant upgrade, new pump stations, sewer lines toRose Laneresidents: Mr. Schneider stated he gave the Supervisors the bids for the sewer improvement project, the installation of the sewer line extension intoRose Laneand the financial statement as to how the three grants were applied to the projects.

BUILDING / ZONING: None

SUBDIVISION REVIEW AND ACTION: None

Adjournment: Meeting adjourned at 8:26 pm on a motion by Supervisor Banach, seconded by Vice-Chairman Fischer. Motion carried with all in favor.  

Respectfully submitted,

Lisa A. Green

Secretary

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WestfallTownship,Matamoras,PA

March 6, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, March 6, 2012

at 7:00 pm. The meeting was held at theTownshipBuildingonDelaware DriveandLaBarr Lane,WestfallTownship.

Those present were Chairman,Robert Ewbank, Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer,Scott Myer; Building Inspector,Shawn Bolles; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Roadmaster, Bill Schneider; Luis Bocaletti, Jay Edwards, Judee & Jeff Doughman, John Dalton, Lisa Mickles, Twila Decker, Jerry Dotey and approximately fourteen members of the general public.

AGENDA: Supervisor Banach moved to approve the agenda. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. 

Public Comment: Twila Decker said she was away and did not make the last meeting where the I 84 Tunnel was discussed. She has great concern that a resident or resident’s property is going to be injured and if that does happen she is puttingWestfallTownship on notice that she will have to seek legal council. Ms. Decker said she also has pictures showing what the tunnel looks like now. Supervisor Flansburg asked if Ms. Decker thinks the injury might come from someone in the tunnel. She said yes, she is being awakened at 2:00 and 3:00 in the morning and she has great concern because things get strewn around. Ms. Decker said she would like to call the boards attention to a letter that was sent to the Westfall Supervisors on November 6, 1997 stating that the tunnel was not being maintained properly and she also has a copy of the agreement stating that it needs to be maintained and needs to have lighting. She does not think that possible criminal activity should be going on there. Stating that the original petition for a tunnel was for emergency vehicles to go under it and they can not fit under it. There is also a bar in the middle of the tunnel. Ms. Decker said that this needs to be addressed and something needs to be done whether it is closed or whether it is closed from 6:00 pm to 6:00 am. Further stating that when the police are called the perpetrators run out the other side of the tunnel. Ms. Decker said she was told that the perpetrators had to paint the tunnel to make restitution and she didn’t see that done; stating she also volunteered the services of herself and another person to paint the tunnel because it is an atrocity. Ms. Decker said that she has previously complained and she is stating again that if they are harmed it is going to come back to Westfall because they have been notified. Solicitor Bernathy said with all due respect he completely disagrees with Ms. Decker’s position regarding the law. The Township has immunity initially and there is a contractual obligation going back to 1969. Ms. Decker said like the Pennsylvania Blue Laws it can be amended, adjusted or revoked. Solicitor Bernathy said the Supervisors at their last meeting said that they were going to move in that direction and reach out to PennDOT. Ms. Decker said she would be happy to reach out to PennDOT and send copies to her liaison there. Supervisor Melvin said he and Supervisor Flansburg went to a Supervisor training and met with PennDOT representatives and they are finding out what they legally can and can’t do at this time and he assured Ms. Decker that it has not fallen on deaf ears and it will be dealt with. Ms. Decker says she appreciates any forward movement on this matter. Chairman Ewbank stated that if one person uses the tunnel it can not be closed and we have letters from people stating that they use the tunnel. Solicitor Bernathy said he is aware of what the contract says and the township can attempt to continue to try to amend the contract. Further stating he does not believe the municipality has any liability and he does not think Ms. Decker is threatening the township. She said she is not, but she does have recourse. Further discussion followed. Supervisor Flansburg said to let it be said that the supervisors are not happy with the tunnel themselves and they are looking into everything they can do about it. The most popular thing they have heard so far is possibly gating it at a certain time and opening it at a specific time. However until they hear back from PennDOT their hands are tied. Ms. Decker suggested signs that said the area is being monitored to deter activity. Supervisor Banach suggested looking into the cost of obtaining video cameras to be monitored by the police department.

John Dalton said he would like to add a digital recorder to the agenda. Dragon will translate voice to text. Jerry Dotey said he would donate the Dragon software free of charge to the township. Mr. Dotey explained that you would talk into the computer and it would transcribe voice into text. Supervisor Flansburg asked Secretary Lisa Green what she thought and if she had a backup for the transcriber. Mrs. Green said she is happy with the transcriber and there is a backup. The Planning Commission Secretary has one also. Chairman Ewbank said Mr. Dalton’s comments are duly noted.

Jerry Dotey said it is the Solicitors’ job to look out for the township and he could appreciate that but it is also the people that need to be looked after as well.

MINUTES: The Minutes of the February 7, 2012 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Banach and carries with all in favor.

TREASURER’s REPORT:Scott Myer gave the treasurer’s report for February stating that January and February are typically slow months. That is basically what we expect for this time of year. As far as expenses things are in line with budget. Mr. Myer said we are fine this year. Supervisor Melvin commented that we do not need to do a bridge loan or anything like that this year. The answer was no. Supervisor Melvin moved to approve the report. Vice-Chairman Fischer seconds the motion. Motion carried with all in favor.

POLICE REPORT: Police Chief Stewart gave the report for February stating there were 5,331 miles patrolled for the month and 157 calls for service. Chief Stewart asked if we have an offsite advertising law because we get signs especially on the fence across from Wal Mart from all over and they leave them up until they rot off the fence. Solicitor Bernathy said off premises signs are prohibited. Supervisor Banach said the state has to enforce it we can’t enforce it. Mike Rendleman said the state can enforce it they have something on the books, for the town to enforce it the Zoning Officer has to find out who has the sign up and send an enforcement notice and allow 30 days for the sign to be removed. Supervisor Banach suggested sending a letter to PennDOT asking them to remove the signs. The Chief said he is more than willing to send a letter. Chief then asked if the township is looking into a loitering ordinance. Solicitor Bernathy will look into that. Supervisor Flansburg asked if he heard correctly in that the department arrested the perpetrators in the armed robbery. Chief said they did. He was actually apprehended inNew York through a BOLO. Supervisor Flansburg congratulated the department on a job well done. Supervisor Banach moved to approve the report. Motion is seconded by Supervisor Flansburg and carried with all in favor.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for February reporting 2 Mutual Aid structure fires, 3 Commercial Auto False Alarms, 1 Landing Zone, 2 Commercial Fire Alarm, 5 Motor Vehicle Accidents, 1 EMS Assist Environmental Rescue, Carbon Monoxide alarm, for a total of 15 calls for the month. There were 51EMS calls for the month, 36 in Westfall, 12 covering squad 33, 3 covering squad 19.

Jay Edwards gave the Mill Rift Fire Department report stating they had a Drill Night on 2/8, a Monthly Meeting on 2/15, a Pump Drill on 2/22, a Winter Access /Rural Water Supply Pump Drill on 2/26 and a Mutual Aid- Assist ambulance crew moving patient on 3/2. Total man hours 68 and total equipment hours 22 and total man hours for the year are 175.5. Supervisor Melvin questioned the merger of the departments and whether the departments have met. Mr. Edwards said they have met once. Mr. Bocaletti said they need to meet again and depending on the outcome of that meeting they need to decide if this is what they want to do. Supervisor Flansburg asked if there was a date for the meeting and said he would like to attend if possible. Motion to approve the reports made by Supervisor Flansburg. Motion seconded by Vice-Chairman Fischer and carried with all favor.

HIGHWAY REPORT: Bill Schneider gave the report for February stating that on 2/10 and 2/12 they were out for Winter Storms. They performed regular maintenance on the composting facility, vehicles and equipment. They cleared brush and debris along shoulders, drainage ditches and right of ways onOld Milford Road,Cummins Hill Road and Glass House Hill. Performed shoulder work onHeaters Hill Road andOld Milford Road. Mr. Schneider met on seven occasions with FEMA representative Bob Gaunt, two times on site at Decker Lane and Heaters Hill looking over storm damage and repairs and other times doing paperwork on damage caused by Hurricanes Irene and Lee. Met also with Mitigation representative Bill Meyer on Heaters Hill and at the shop along with Bob Gaunt about the funding of the reimbursement of the project. A lot of time was spent on paperwork this month, and the forms required a lot of detail. Bob Gaunt was very helpful with what paper work was needed and very supportive of our project. Bob Wyant was also helpful with the hazard mitigation proposal. Lisa Green and Supervisor Ewbank were very helpful also. Hazardous Mitigation is a recommen-dation from FEMA on how to improve the site so it does not happen again and this is the reimbursement paid by FEMA, Category A: for clean up of trees, debris from the roads after the storm: $3,719.00. Category B: Emergency Protective Measures, (did not qualify) Category C: Permanent Work: roads, bridges, culverts etc. forDecker Lane $8,726.34, for Heaters Hill $54,292.88 Total Reimbursement from FEMA: $66,738.22. Mr. Schneider also had a meeting with Steve Cunningham from Jacobs Engineering discussing recommendations for the redesign of the 6 & 209 construction improvement project. These concerns were discussed:  Replacing street name signs along the 6 & 209 corridor, converting the red lights wire operation overhead and underground to radio controlled signal. PennDOT would like to change the old style of loop sensors in the pavement to overhead video cameras for traffic control. Requesting battery operated backup for the red lights at 84 ramp atStella Street and 6 & 209 and atReuben Bell Drive and 6 & 209. Requesting that the overhead illuminating lights for the entrance toReuben Bell Drive be reinstalled. There were winter storms on 2/24 and 2/29. A list of street name signs that are either missing or faded will be ordered now that the inventory is complete. Also waiting for the DEP permit to do Heaters Hill culvert pipe project. The winter has been mild. The department has been able to work on shoulders and right of way clearing normally done in the springtime and to continue clean up and repairs from Irene and Lee. Supervisor Flansburg asked if the end ofRiver Road in Mill Rift can be attributed to the floods. Mr. Schneider said it cannot be directly attributed to the flood. The damage was done over time. Discussion followed regarding getting an engineer in to look at the problem and the possibility of turning a fire truck or ambulance around there. Vice-Chairman Fischer asked about the request from PennDOT to change from coils to cameras stating obviously it is an expense. Is Mr. Schneider going to have a conversation with PennDOT about that and will the cameras be remote access aiding in traffic. Mr. Schneider said their purpose is to keep traffic flowing so it will not back up. Supervisor Banach questioned the fire chiefs with regard to the opticom system. Luis Bocaletti said they are working. Chairman Ewbank asked if the opticom system will work with the cameras on there. Mr. Bocaletti said he believes they will still work. Vice-Chairman Fischer moved to approve report. Motion is seconded by Supervisor Flansburg and carried with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for February reporting three building permits and three zoning permits with fees of $658.00. Motion by Supervisor Banach to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated as is common knowledge the township is coming up on the two year anniversary of the Federal Bankruptcy Courts signing the order confirming the Townships Bankruptcy Plan as well as the Act 47 Recovery Plan which amounts to final disposition of the bankruptcy plan. The Township is operating within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services. Supervisor Flansburg asked if we are going to be out of the Act 47 Plan soon. Chairman Ewbank said he and Lisa Green met with Matt Domines this past week and Mr. Domines stated he would be getting us out of the Act 47 Plan within the next couple of months. Supervisor Banach moved to approve report. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Re-Appointment of Planning Board Member Joseph Banach: Supervisor Melvin moved to appoint Joseph Banach to the Planning Board to a term running through December 31, 2012. Motion is seconded by Supervisor Flansburg. Supervisor Banach abstains. Motion carries with four in favor and one abstention.  
Purchase ofEmergency Road Signs: Supervisor Banach questioned Bill Schneider as to how many road closed signs we have. The township had two and ordered two more. There are no detour signs. Mr. Schneider said they cost about $500.00 each. Supervisor Banach said there should be a little bit extra cash because some of the supervisors did not take their salary. Supervisor Banach said he would like to notify people that roads are closed ahead. Chairman Ewbank said in the past when we’ve had to have signs PennDOT has staged signs along the road and Emergency Management has gone and placed them when they needed them. 

Cleanup Day – Electronics Recycling:  Lisa Green spoke with Frank Funicella at Advanced Recovery to set up the date for April 28, 2012 to coincide with our cleanup day. Supervisor Flansburg asked if we can open it up to everyone. Supervisor Banach asked if they will manage it. Mrs. Green said they will send a 24 foot truck with three men. Supervisor Flansburg suggested doing the electronics recycling in the front parking lot and continuing to do the cleanup day in the back at the composing facility. Chairman Ewbank said we will have the township cleanup day strictly for township residents for $10 per car load $20 per truck and $ 30 per large truck. The electronics recycling will be open to all county residents and business free of charge. Supervisor Banach questioned if we need insurance to protect us. Solicitor Bernathy said we do and that Advanced Recovery should name the township as an additional insured on their policy.  

NEW BUSINESS:

Exoneration of Previous Years – Delinquent Taxes Only: Miles Hudgens: Chairman Ewbank stated that

the building value was reduced due to a square footage correction in the total amount of $204.66. Supervisor Flansburg moved to approve the exoneration. Motion is seconded by Supervisor Melvin and carried with all in favor.

Resolution 2012-2: Disposition of records. Tabled.

Backup Generator Municipal Buildings: Chairman Ewbank stated we need to look into a generator for the municipal building. Supervisor Melvin stated he and Supervisor Flansburg learned about the Costars program where we can leverage businesses to find better prices at their Supervisory training a few weeks ago. Supervisor Banach said we also need to find out what size generator we really need. Supervisor Melvin said a few years ago when they had a large power outage Pike County Light & Power had a program where they went out to check the buildings to see what size generators were needed and with the boards permission he could go back to Pike County Light & Power and see if they would still do that for the Township. Supervisor Banach said the question would be what buildings were needed? Does Mill Rift have generators or the Westfall Fire Department? Chairman Ewbank said if we get a major flood all the buildings are all inaccessible and all underwater. Discussion followed. John Dalton said he was pleased to hear the board say something about a generator. He has a 20,000 watt generator and his strongest recommendation is not buying one through Home Depot nor Lowe’s but to go through a contractor like Voltron. Mr. Dalton described the workings of his generator with propane gas. Supervisor Flansburg said he would lend the township his generator. Mr. Schneider said it would cost more to wire the building then to purchase the generator. Supervisor Melvin will check with Pike County Light & Power to see if they will let us know what size we need for the township building.

Backup for Office Computer: Lisa Green said she initially spoke to Chris Wood when she found out that her on site back up went bad. Mr. Wood recommended Carbonite an offsite computer backup company. She then spoke to Barry Bernathy who is our Information Technology Technician, who highly recommended the company because all of our data will be stored offsite. We will receive a 10% discount for being a non profit municipality so the cost will be $206 per year. Supervisor Flansburg questioned what it would cost to replace what we had. Mrs. Green said approximately $200 but then it would be onsite. Mrs. Green said she is using a 30 day free trial now. Supervisor Flansburg asked how she liked it. Mrs. Green said she likes it. She doesn’t notice the program, it doesn’t slow down the computer and it backs up every stroke so it she forgets to back up the program does it for her. Supervisor Banach said it is worth the $206. Supervisor Flansburg moved to approve the purchase. Motion is seconded by Supervisor Banach and carries with all in favor.

Shredding Services: Tabled

Severe Repetitive Loss Grant / Ed Eshleman: Lisa Green said she heard from Gary Orben with the Commissioners Office that the Grant was never closed out with the County so the County is going to continue with the project. Supervisor Banach moved to delete this item off the agenda. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Zoning Hearing Board / Letters of Resignation: Chairman Ewbank said we have a letter from Martin Greenwald who respectfully resigns his position from the Zoning Hearing Board. We also received was a letter from John Shewchuk who regrets that he can not serve on the Zoning Hearing Board. Vice-Chairman Fischer moved to accept both letters. Motion is seconded by Supervisor Fischer and carries with all in favor. 

Zoning Hearing Board / Letters of Interest: Chairman Ewbank said we have a letter from William Gregory ofDelaware Drive. Supervisor Banach asked if Mr. Gregory would be willing to serve as a member as opposed to an alternate. Mr. Gregory agreed. Chairman Ewbank said we also have a letter from Jolie Defies who is interested in the Alternate Position to the Zoning Hearing Board. Supervisor Banach moved to appoint Mr. Gregory as a member to the Zoning Hearing Board for a term of 3/6/12 – 12/31/13. Motion is seconded by Supervisor Flansburg and carries with all in favor. Supervisor Banach moved to appoint Jolie Defies as an alternate member to the Zoning Hearing Board for a term of 3/6/12/-12/31/14. Motion is seconded by Supervisor Flansburg and carries with all in favor. Supervisor Banach asked to send a letter to Marty Greenwald thanking him for all his dedicated years of service. Supervisor Flansburg questioned if we still had an alternate position open. We do, there is one alternate position open now. 

Pike County Commissioners Resolution 12-07 / Pike County Conservation District Resolution 2012-01: Mrs. Green said we need to send a letter of intent stating that we received their notice of intent to participate in the Pike County Scenic Rural Character Preservation Program and we support the general intent of the project for groundwater baseline water quality study. Supervisor Banach asked if this was the same as they had done in the past. Lisa Mickles said this is different this is for the fracking. Supervisor Melvin stated this is to get a baseline before they drill so that we have the baseline study to compare to. Supervisor Banach moved to send the letter of support. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. Chairman Ewbank said they are looking for a grant of $135,000 for this project.  

Vacation Request / Lisa Green: Chairman Ewbank read Mrs. Greens vacation request asking for the following 10 days as a portion of my 2012 vacation. Mrs. Green said she has taken into consideration payroll and meetings. March 28^th Tentative, due to the fact that Lisa is expecting her first grandchild. April 2^nd, 5^th, 6^th Tentative, July 16^th through 20^th and July 23^rd”. Supervisor Banach moved to approve the request. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.  Supervisor Flansburg asked for clarification on the March 28^th tentative date questioning if Mrs. Green may come back and ask the board for a different date. Mrs. Green said that is correct it depends on when her daughter in law goes into labor.  

DCNR Greenway Plan / Lackawaxen and Upper Delaware River – Request for Letter of Support: Chairman Ewbank said they also want a letter of support. Mrs. Green said this will be a little more involved. They are requiring two meetings of the Board of Supervisors and approximately 40 hour’s worth of time as an in kind contribution. Supervisor Banach questioned if it had to be a Supervisor or if it could be Alex Cena from the Upper Delaware Council. The board will table this item until the workshop.

 Solicitor Bernathy stated regarding the loitering ordinance the Police Chief asked about there is a General Powers provision in the 2^nd Class Township Code Section 1506 which permits the Supervisors to enact or adopt ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth necessary for the proper management, care and control of the township and its finances and the maintenance of peace, good government, health and welfare of the township and its citizens, trade, commerce and manufacturers.

 SUBDIVISION REVIEW AND ACTION:

 Monroe LBL LLC:  Signing of Plans: Land Development was approved September 6, 2011. Plans were just received now. The last item they needed was the NPDES Permit and that was received about ten days ago.

Lisa Mickles questioned what the plans were for. Mrs. Green said it says Monroe Optical.

 EXECUTIVE SESSION:  Called at 8:07 for Personnel. 

ADJOURNMENT: Meeting was adjourned at 8:37 pm on a motion by Supervisor Banach. Motion seconded by Supervisor Flansburg and carried with all in favor. 

Respectfully submitted,

Lisa A. Green

Secretary

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